Anthony D. Cotton's Answers

Can a minor be detained and questioned by police without a parent or guardian present

A juvenile can be questioned without a parent being present. By law, the interrogation must be recorded.

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Are there any criminal defense lawyers that practice in Milwaukee WI that can help expunge criminal records

There are lots of criminal defense lawyers in Milwaukee that would help. Our firm has done expungement work on a number of occasions and this sounds like something that we could assist with. Feel free to give me or anyone else at my firm a call.

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Under Wisconsin criminal code can a person be charged with felony assault if no one was injured

I'm a little unsure about the answer that was posted. You can't be charged with a felony "assault" if there was no harm to someone. The act of making verbal threats to a person, as you described in your question, may be a misdemeanor crime of disorderly conduct. That conduct is not a felony.

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Do I need to disclose my expunged Wisconsin criminal record on job applications?

There is a split of opinion on what expungement truly means. However, when something is expunged it's off CCAP and no longer accessible to the public. I think the concept that an expunged "conviction" needs to be mentioned flies in the face of what expungement means and is supposed to achieve. If we're giving youthful offenders on lower level cases a second chance, why would we impose a rule that requires those same people to disclose that conviction? Plus, there is case law where witnesses at...

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Contesting traffic speeding ticket received in WI

You should probably enter a not guilty plea by mail first. Usually, the city attorney won't negotiate with you at the first appearance. If the ticket happened recently, enter a not guilty plea by writing a letter to the court. Then, the court will reschedule the case for a pretrial conference. At the pretrial conference you can talk to the city attorney about having this reduced. I wouldn't ask for a reduction, I would ask for a dismissal. It is ridiculous that you received a citation for this...

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What if i wasnt in that state when these allegations happened and i cant go to court what happens to the tro?

If you have a court appearance alleging that you violated a TRO, you need to show up for the hearing. A lawyer would need to see the terms of the TRO to see what the conditions were. You may have a defense, if you were in another state. Of course, you would want to call a witness or offer other evidence to prove that point. However, I would bet that if the accuser is alleging telephone threats and harassment, that this could be a violation of the TRO as well; in which case being out of state...

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Procedure for expunding felony conviction in WI

Also, the question about restoration of your rights is interesting too. Federal laws prohibit a person from voting if they are presently serving a sentence on a felony. In other words, if you are off supervision from a prior felony conviction, your right to vote is automatically restored. I don't know what other "rights" you are concerned about. For instance, if your concern is your right to own a firearm, you would have to have the felony offense pardoned.

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Are there any updates to the 973.015(1)(a) expungement

There isn't any update as of right now. It hasn't been ruled to be retroactive and most courts are therefore reluctant to apply its provisions to convictions that predate the statutory changes.

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State of wisconsin Plea questionaire/Wavier of Rights/

This question doesn't really make a lot of sense. If you plead guilty to a charge you typically sign the waiver form that you reference in your message. By signing that form you are affirming that you have reviewed it or reviewed it with your lawyer and that you understand its contents.

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Where can i find a criminal attourney in Madison WI that will accept payment plans?

Give me a call or send me an email and I will talk to you about your situation. There are some very good attorneys in the Madison area who I'm sure would be willing to accept certain payment plans.

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