Skip to main content
Theodore Perlick Molinari

Theodore Perlick Molinari’s Answers

117 total


  • Staying at a state park, and got busted for paraphernalia. What's the difference between that and a police officers ticket?

    So the park ranger, came over to our friends site, cause it was "quiet time", we wandered over and the ranger followed us to our tents he ended up smelling smoke, in one of the tents and searched both mine and the "smokey" tent, first of all did h...

    Theodore’s Answer

    Law enforcement officers need reasonable suspicion that you have committed or are about to be committing a crime to approach and detain you. Once the officer detains you, he can only hold you as long as it takes him to determine whether there was suspicious or illegal conduct that he initially suspected. He may not escalate the encounter beyond initial contact if he is unable to determine that anything is wrong.

    If he smelled marijuana in the air, that in and of itself is reasonable suspicion to approach and can ultimately lead to him being able to search any tent he deems to have that odor. I would highly recommend reviewing the police reports and hiring local counsel.

    See question 
  • What happens at a plea hearing for a felony in wisconsin

    i went to court for a projected guilty plea now i go back for a plea hearing but i did not plea can i be sentence when i go back as well

    Theodore’s Answer

    You cannot be sentenced unless you enter a plea of guilty or are found guilty at trial. Make sure you understand the proceedings so that you make the right decision about your future.

    See question 
  • Can a felony be changed to a misdemeanor after the fact or expunged?

    I live in Wisconsin and I was convicted of a burglary in 2006. I was given the option to take various amounts of misdemeanors or 1 felony. My free attorney advised the felony. Am I able to have it expunged at some point or reduced?

    Theodore’s Answer

    Felonies in 2006 were not allowed to be expunged. The law has since changed. I would recommend calling a local attorney and seeing if you can get your record expunged. Typically when making a decision whether to expunge a record, a judge will look to your prior law enforcement contacts, your behavior since the incident, and whether you and the community will be served by you having a clean record.

    See question 
  • Owi

    My son 17years old had gotten a blood test ( owi )done on 8-11-10, we are still waiting for the resaults to come back.Court date is 3-22-11. This is the 3rds time we are going for this, I was told that it could be dismissed after 6 months if t...

    Theodore’s Answer

    I agree with what both attorneys have said here. It is a long waiting game on drug analysis cases unfortunately.

    See question 
  • My next court date is plea and sentencing for a conceal weapon(firearm) what should i expect with no back ground of crimes

    and could i get my fire arm back?????

    Theodore’s Answer

    Your result will depend heavily on the facts and circumstances surrounding your arrest. I have seen results ranging from probation to 6 months in jail on a charge like this. The Milwaukee County District Attorney's office has gotten much harder on gun crimes and has been asking for jail time across the board, no matter the type of crime. That being said, judges are willing to consider probation in some circumstances.

    As to your gun, again, it will depend on the facts of your case. I would not anticipate that you would get it back though.

    See question 
  • Would i be able to get a deferred adjudication for obstruction of an officer misdemanor

    I used my twin sisters name when i got in an accident because i had a warrant and she called the cops. I am waiting mypreliminary court hearing for identity heft and obstruction of an officer. I did not use any documents that said that i was my si...

    Theodore’s Answer

    Let me put it this way, anything is possible. The question is what is realistic. Your result will depend on several factors, including, the facts of the case, the nature of the crime, your prior record, among other things. It seems a bit overkill to charge you with a felony for lying to an officer. I would recommend speaking with a lawyer about this. Having a felony on your record for something like this would be a real shame.

    See question 
  • How do I get house arrest instead of jail time for a second OWI in Wisconsin?

    I was stopped and received my second owi. (My first one was in 2003.) I blew a .09, although the cop didn't want to arrest me he still felt obligated to do so. I have received a paper that wants me to spend 10 days in jail. My girlfriend and I...

    Theodore’s Answer

    In order to get house arrest instead of jail time, you must first determine whether house arrest is offered in your county by the sheriff. If it is not, then you obviously will not be placed on house arrest. If it's possible to get house arrest instead of jail time, you will have to ask the court to place you on it. The court can decide to take no position, which means that the judge is leaving the decision to the discretion of the sheriff. I would recommend consulting an attorney to get these questions answered before you do anything else.

    See question 
  • Is there a not able to stnad trial due to physical and emotional impairment?

    my fiancee is being charged with uttering a forgery in wisconsin, she swears she never knew anything about a check, this happened almost 4 years ago, she has serious health conditions such as congestive heat failure, copd, neuropathy in both legs,...

    Theodore’s Answer

    I wholeheartedly agree with the advice that has already been posted.

    See question 
  • Did I commit a crime by selling ownership percentage

    Did I commit a crime by selling ownership percentage in an online sports blogging website? I formed an online sports blogging website in July 2010, and decided to go into business with a few of my friends. I initially sold a few ownership %'s f...

    Theodore’s Answer

    Generally, in order to commit a crime you need to have some kind of malicious intent, i.e. fraud, deception, etc. There are also strict liability crimes on the books that pertain to businesses.

    Ultimately, this will boil down to what you agreed to initially with your partners. If you formed a certain type of business organization that does not allow its partners to sell their respective shares without approval of the others, then you might be in trouble. If you did not form an organization, then obviously, you would be dealing with the particular conditions of the contract that you signed to originate the venture.

    It seems like the person who called you was blowing smoke. Despite this, you have to be careful when selling interests in businesses. Even if nothing is written down, it can be a huge headache dealing with disgruntled parties.

    See question 
  • If I was sentenced to report to jail before I could complete my IDIP program will I have to serve the full sentence at that time

    Completion of the IDIP program means a reduced sentence (jail time, fines, revocation). Will I have to sit the full sentence since I'm having to report before I can complete the program even though I agreed to the conviction with reduced sentenci...

    Theodore’s Answer

    In your case, it appears that your participation in the program alone allows you to qualify for a lower amount of time in jail. The judge will more than likely give you release privileges that will include release for treatment and counseling. You will absolutely want to finish the program so that the State cannot come back in the future and allege that you failed to fulfill your end of the deal.

    If you are not represented, I would recommend finding someone locally who can appear at your sentencing to make sure everything goes as it should. Changing a sentence after sentencing is very difficult.

    See question