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George A. Limbeck
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George Limbeck’s Answers

161 total


  • Is it it legal for a police department to charge a fee to see a copy of the accident report in which his minor child was involve

    It has been eleven days since the accident.

    George’s Answer

    Yes, police may charge a fee for copies of police reports. I think it fair given the costs associated with generating the reports.

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  • How long are served search warrant records kept on Wisconsin CCAP?

    A search warrant was executed in 2010. No charges were ever filed in the matter, but the served search warrant is still visible on CCAP. Will this ever go away? Also I have noticed that some counties put this information on there while others do n...

    George’s Answer

    I don't believe there is an answer other than to tell you to contact the clerk of courts for Milwaukee County and ask what there policy is. Maybe that office has some type of "appeals" policy. You could try a motion to the judge that signed the warrant but I am not sure it CAN be granted as the clerk of courts is an elected official and hence judges have minimal control over discretionary decisions which unfortunately I think CCAP policy is.

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  • Cops found me guilty of underage drinking. I have to serve court Friday. What do I do?

    They breathalyzed me, and found my BAC to be .086. I never invited them into the apartment I was in, and the only other person there was my friend. They came in anyway. They arrested me, cuffed me, and searched me. It was his apartment. How do you...

    George’s Answer

    In recent years, the US Supreme Court, led by Justice Anotonio Scalia, has led a resurgence of the 4Fourth Amendment when it comes to protecting people's residences. So the warrantless entry into your residence would be unlawful unless one of the narrowly defined exceptions to the warrant requirement applies. There is simply not enough information in your question to come to any conclusion. In a nutshell, unless the police had consent to enter, there was an emergency situation mandating entry, the police were in hot pursuit of a person or the police were acting in their community caretaker function, the warrantless entry should lead to suppression of any evidence obtained as a result of the illegal entry into your residence. Obviously, this is a very complex area of law making the hiring of a qualified lawyer a must. Good Luck.

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  • Does expungment expunge the DOJ CIB website how come I can look up my recorded on there for 7.00 fee

    I asked my attorney this about 25 times and every time he gave me this answer so after that many times I started to believe him and that's what I based my confession on his response but yet he didn't tell the truth can anything be done. doe...

    George’s Answer

    The DOJ CIB database will simply add an entry that the conviction has been expunged. The database entry in CCAP (the Wisconsin Supreme Court's public database) should be deleted. Deletion from the DOJ CIB database requires the filing of a "Fingerprint Removal Request" form. Unfortunately, the request is only granted if the conviction was dismissed. If there were multiple charges ALL of the charges must be dismissed before removal will be granted. I have spoken with the head of the unit that maintains the DOJ CIB database and its seemingly "odd" rules are the result of their interpretation of the statutes that govern the database. Good Luck.

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  • How do you press charges on someone for filing false charges against you, that resulted in your arrest?

    A friend of mine got arrested today for a felony charge. His ex-girlfriend filed the charges. They are false, and we have proof and witnesses to show the charges are false. I know it is against the law to file false charges.. but how does a person...

    George’s Answer

    I agree with the other answers given. However, there is a very little used statute that permits a person to petition a court to order that charges be issued after the District Attorney has refused. So, first beat the charge. Second, call the police and make every effort to get the matter referred to the District Attorney. If the District Attorney refuses, you may file a petition with a court asking the court to order charges be issued. In my 2entire legal career, I know of only one time in which this was done. Good Luck.

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  • How would one erase medical records?

    Is this process easy? Require court order, etc?

    George’s Answer

    You can't "erase" medical records. They can be destroyed per federal and state law typically after a certain period of time. I suggest you contact an attorney who acts as in-house counsel for a larger medical conglomeration such as Aurora or Prevea. Such an attorney would be in a munch better position to answer your question.

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  • Is it possible to have a misdemeanor of theft of movable property expunged after the judge denied it?

    Misdemeanor A. I was 18 at the time it happened, I'm 20 now

    George’s Answer

    I agree, if expungment was raised at sentencing and the judge said no (it is a bit unclear from the facts you give) then expungment is not a possiblity unless you are successful in some type of appeal of your conviction are ablt to get it re-opened and try again upon remand.

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  • My probation officer disclosed information on my case to an ex girlfriend, is this a HIPA violation? It is not a sex crime.

    The woman is my daughters mother and I did not sign anything for her to share anything with anyone.

    George’s Answer

    Our local probation office has every file divided into two categories: medical/mental health and all other records. For the latter, such records will not be released unless the probationer signs a release specific to the medical/mental health records. These releases are standard forms issued by the DOC. If the records released related to your daughter, I suspect your agent released these records given the ex-girlfriend is the mother of your daughter. Without more information, I cannot give you a better answer. I do not know whether it is HIPA related or not. As to whether the agent has violated any laws, that is beyond my knowledge.

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  • Do police have the right to do a dog sniff after they discover I am not who I said I was?

    The police pulled me over for a nonworking high mounted brake light after doing a u-turn and followimg me for 13 blocks, 3 turns made total. The officer asked me for my identity two different times. Then a second police arrived at the scene and as...

    George’s Answer

    You will a good local attorney. Over simplifying this area of law, a dog sniff becomes an unconstitutional search when it unreasonably extends the duration of the stop when compared to to "normal' length of time for the legal basis for the stop; in your situation a faulty rear tail light. I repeat: You need an experienced criminal defense attorney.

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  • If person wouldn't want expunged case reopened

    than what is the meaning of expungmnet if it isn't better than dismissed

    George’s Answer

    Expungement eliminates the legal status of the conviction without deleting or destroying the court file or police file. If all criminal convictions have been expunged, if asked by a person or school or job application; you can legally answer "No." Again, the underlying records are still there.

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