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Wisconsin Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Juvenile Law for Wisconsin on
Q: just turend 18 and I'm dating a 16 year old that is about to be 17 in 3 months I've been dating for 1 year is it legal?
Michael Edwards
Michael Edwards
answered on Aug 22, 2017

There is noting wrong with you two dating each other and having physical contact with each other. What you do need to be aware of is that since you are the age of majority (18) and your significant other is still a minor, it is against the law to have any sexual relations with them until they reach... View More

1 Answer | Asked in Criminal Law and Employment Law for Wisconsin on
Q: Can a civil suit for intentional tort with an employer turn criminal based on the dollar amount (fraud)?

civil suit is between employer and employee...employee stole money and the employer was granted full judgement of over $94K

Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Aug 17, 2017

I can only answer for Wisconsin. Theft is a crime and the amount affects whether it is a misdemeanor or a felony. The answer is yes as the state District Attorney is not a party to the civil suit and can file a Criminal Complaint. The Civil Judgment does not by itself block a criminal... View More

1 Answer | Asked in Traffic Tickets, Criminal Law and DUI / DWI for Wisconsin on
Q: I have bench warrant in 2 counties for missed traffic court dates. Is it possible to resolve this without jail time

The warrants are in Racine and Milwaukee. I was going to go to intake court in Milwaukee and they informed that they would hold me for the warrant in Racine and if I tried to go in for the one in Racine first that they would hold me for the one In Milwaukee. I'm trying to avoid being processed... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2017

IT sounds unlikely that you will walk away from two separate bench warrants without visiting a jail.

Call a GREAT traffic offense lawyer, in WI, for a FREE consultation. Here is one, that I can recommend:

Ms. Tracey Wood, 608-284-1200

Tell her William Head from Atlanta referred you.

1 Answer | Asked in Criminal Law and Family Law for Wisconsin on
Q: Why would a prosecutor offer a psi for a plea
Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Jul 18, 2017

A presentence investigation could reveal facts about the defendant that normally would not get before the judge prior to sentencing. It often will increase fairness in the system, but not always. The defendant may have his/her own psi done by the defenses choice. It really gives the judge more... View More

1 Answer | Asked in Sexual Harassment and Criminal Law for Wisconsin on
Q: What is the age of consent in Wisconsin?

I'm getting conflicting information from different sources. What is the actual law on the books.

V. Jonas Urba
V. Jonas Urba
answered on Jun 22, 2017

A Wisconsin lawyer needs to answer that for you. But from an employment lawyers perspective age is irrelevant. Any type of unwanted or unwelcome conduct if pervasive or severe is illegal. Once a manager or employer knows they have a duty to act so on this forum age is irrelevant for hostile... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: What is the legal definition of "possession of a firearm" in Wisconsin?

My wife was recently banned from possessing a firearm under a Chapter 51 mental health commitment. I have a concealed carry permit and a handgun that I regularly carry. I know if it is on my person, I'm considered in possession and she is not, but what about in our home? If the gun is locked... View More

Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Jun 20, 2017

941.29  Possession of a firearm.

(1) A person is subject to the requirements and penalties of this section if he or she has been:

(a) Convicted of a felony in this state.

(b) Convicted of a crime elsewhere that would be a felony if committed in this state.

(bm)...
View More

1 Answer | Asked in Criminal Law and Civil Rights for Wisconsin on
Q: I was arrested and brought to jail for a warrant I had already been to court and bailed out on! What can I do about it?
William F Sulton
William F Sulton
answered on May 17, 2017

Do you know whether the court cancelled the warrant? That is usually the case, of course. You should check the court file to make sure that the warrant was properly cancelled. If so, the arrest would be clearly unlawful--as opposed to accident because the clerk's office made a mistake. You may... View More

1 Answer | Asked in Civil Rights and Criminal Law for Wisconsin on
Q: Can I video tape an officer who has stopped me
William F Sulton
William F Sulton
answered on Apr 24, 2017

The short answer is yes.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Wisconsin on
Q: Can the police enter your home looking for someone that is not on your lease with a warrant for them by breaking it in
William F Sulton
William F Sulton
answered on Apr 24, 2017

Your question is more complicated than you probably intended it to be. Police may use and act on false information. The real question is a quality of the false information. You should review the application for the warrant at the circuit court that issued the warrant. The application will show... View More

1 Answer | Asked in Civil Rights and Criminal Law for Wisconsin on
Q: Under what circumstances can a police officer require a drug test and can i refuse one in the state of WI
William F Sulton
William F Sulton
answered on Apr 24, 2017

Police officers cannot impose drug tests unless there is a court order.

1 Answer | Asked in Civil Rights and Criminal Law for Wisconsin on
Q: Can a local police dept. eavesdrop on a citizen's wi-fi signal, eavesdrop and act on the gleaned information ?
William F Sulton
William F Sulton
answered on Apr 24, 2017

The law requires a warrant first.

1 Answer | Asked in Civil Rights, Juvenile Law and Criminal Law for Wisconsin on
Q: Can you Carry A karambit knife with a 3.5" blade and a 4" handle total of 7.5" long around in WI? Im not 18.
William F Sulton
William F Sulton
answered on Apr 24, 2017

The short answer is yes. But you will need a permit if you want to conceal it. I should add that I am unaware of any current permit procedure for knifes. So you can only openly carry it at present. You also have to avoid certain places, like schools.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Wisconsin on
Q: Can a police officer hold a charge against you to make you be an informant
William F Sulton
William F Sulton
answered on Apr 24, 2017

Police officers do not charge crimes, prosecuting attorneys do. Police officers do make criminal referrals to prosecuting attorneys. So I assume that is what you mean: the police officer is threatening to make a criminal referral unless you inform. And, yes, a police officer can do that.

1 Answer | Asked in Criminal Law and Civil Rights for Wisconsin on
Q: A police officer at my school asked me for my phone, I gave it to him not I'm trying to get it back how do I get it back
William F Sulton
William F Sulton
answered on Apr 24, 2017

You should file a petition for the return of property with the local circuit court. There is no filing fee for this type of action.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: What are the laws probation if you refused to sign the conditions your probation agent was trying to impose?

My husband refused to sign his rules, is he still held accountable for those rules even if he didn't sign them?

Ben F Meek III
Ben F Meek III
answered on Jan 27, 2017

I don't know, but I'm guessing he is responsible whether he signs or not. His signature may only mean he's been advised what they are, which the probation officer can attest even if he doesn't sign. I'm also thinking if he doesn't agree with the terms of probation,... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: A hung jury on a murder charge if retried can it include lesser charges?
Paul Stanko
Paul Stanko
answered on Sep 18, 2016

Under the US Constitution, a hung jury does not preclude retrial on all counts. If lesser charges were available in the first trial, and if the statute of limitations (for lesser charges) has not passed, then theoretically the prosecutor could add lesser charges. A state statute or court rule could... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I was at Walmart with another person who apparently stole something. Now they want me in there store to question and won

Won't give me anymore info what do I do

Thomas Murphy
Thomas Murphy
answered on Mar 2, 2016

It would be in your best interest to consult a criminal defense attorney as soon as possible if you haven't already. Based on the limited facts given, it is difficult to say whether the police want to simply question you as a witness or potentially charge you as a party to a crime. A... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: What does first degree recklessly endangering safety carry

Shooting into a crowd of people

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 1, 2015

That is pretty serious in my opinion, and there may be no alternative to jail. Hire a private criminal defense attorney.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I have a licence to carry. I need a lawyer on call. How much would it cost and how much would the bail be?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 31, 2015

Too few facts to answer your question. Bail for what?

1 Answer | Asked in Criminal Law for Wisconsin on
Q: can my dad put my 18 year old boyfriend in jail if im 17 and pregnant but my mom has full custody
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 29, 2015

Perhaps. Actually, it is the police who put him in jail.

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