Wisconsin Criminal Defense Legal Questions

No, the money is not yours if you did not receive the services, or make the claim for which the check was written. Sooner or later an audit will show the error. You should return the check. If you do not, but keep the money and cash the check, it is a form of theft, and given the amount, it could be filed as a felony. Do the right thing.... Read More

I would need more information but if he just made a pass at you that is not illegal. If he prevented you from leaving the room it's false imprisonment. Do you really want to press charges over this type of incident? Is it worth the time and trouble? Were you hurt or just upset? Do you want to lose your job and have it on your employment history? Consider the consequences of your action and talk to an attorney to give him all the facts before you do anything, and make sure you tell he truth and not exaggerate.... Read More

I practice in PA where it would render the search illegal if it could be proven the cops coerced the owner of a house into submitting to a search. These cases are difficult to litigate as the police will never admit to any coercion. You have a tough road, but it is possible. You really need an experienced constitutional/search and seizure lawyer. Look under Kansas law, search of homes, coercion, threats, etc.... Read More

You should not be driving if you do not have a valid operator's license. If the police run your plates through their computer and the info regarding your license is given to them, they can stop you. Driving without a license in itself is illegal and a reason for the police to stop you and in many cases repeat offenses carriy criminal penalties.... Read More

Public Defenders are experienced, trained, very capable defense attorneys.  All good attorneys review and evaluate the state’s evidence provided in discovery; conduct their own investigation of the facts where discrepancies exist;  identify possible weaknesses in the states’ case and any potential defenses their client may have to the charges;  and consider their client’s wishes when weighing the benefits of a plea offer versus the risks involved in going to trial.When the prosecutor makes a plea offer, your lawyer is obligated to relay the offer to you. He or she may  provide an opinion about the offer, but it is your choice whether to accept it or go to trial.  If your lawyer is recommending you accept the offer, it is in your best interest to understand why, before deciding to switch counsel. I recommend you ask your public defender to explain to you why he or she thinks a plea option is in your best interest; the elements of the specific crime you are charged with, meaning what the state would have to prove in order to convict you; what he or she perceives to be the biggest obstacles you face if you go to trial; and what the likely differences in punishment might be if you were convicted at trial instead of accepting a plea bargain.If you remain committed to going to trial, your attorney should accept your decision and do everything possible to provide the best defense at trial.  After consulting with your attorney, if you continue to doubt his or her advice or commitment to your defense, you might request a second opinion from another lawyer.  Many lawyers do not charge for initial consultations. It may be that you feel a better “fit” with a different lawyer. But your ultimate decision on whether to actually change lawyers should not be based on an assumption that public defenders provide lesser quality legal representation than retained counsel, as that is not the case. Jeralyn Merritt, Ask a Lawyer Panelist Since 1998  ... Read More

This would not be a criminal action but you will need to determine if the Outlot was part of the original subdivision plat and if part of the organized HOA. If the outlot is part of the covered properties you will need to review the covenants and by laws/restrictions set forth within the original HOA formation to determine what vote is necessary to change the bylaws. Then you will need to propose a resolution to your HOA board and have the votes to pass same. In regards to non-owners claiming to be squatters, contact your local police department. Make sure the rightful owner of the property is the person(s) contacting the police.... Read More

Being as close as he was to the legal limit, hiring an attorney would be a wise move. A lawyer can always be of help, even if only to put his best foot forward. Problem is when you refuse the test, the court assumes you were at the highest level for sentencing purposes and not the lowest, as he was.... Read More

An individual who has been convicted of a felony is banned by federal law from ever possessing "any firearm or ammunition." Specifically a person "convicted in any court of a crime punishable by imprisonment for a term exceeding one year" cannot possess any firearm in any location. 18 U.S.C. 922(g) is the federal law that prohibits anyone ever convicted of any felony to ever possess any firearm either inside or outside of his home. The federal punishment for felon gun possession is up to 10 years in prison. Federal law provides significant penalties for felons in possession of weapons, unless the felon has his rights restored by the convicting state. In Wisconsin 941.29(5) states: "(5) This section does not apply to any person specified in sub.(1) who:(a) Has received a pardon with respect to the crime or felony specified in sub. (1) and has been expressly authorized to possess a firearm under 18 USC app. 1203; or(b) Has obtained relief from disabilities. So unless you receive a pardon or the Judge that oversaw your conviction allowed for expungement, you're chances of having your rights re-ibstated are not good.... Read More