In a large city like Milwaukee how likely is it that the police would investigate the smell of marijuana if someone called in and said they smelled it coming from a neighbor's house or they simply smelled it in their neighborhood. It seems to me t...
It depends on lots of factors - neighborhood, prior complaints, availability of officers, etc. Likely at least a "knock and talk" will occur, especially if there have been prior complaints. if small amount of marijuana found, most likely ticket but could also be arrest and criminal charge. Depends again on many specific variables too numerous to mention. As with any criminal investigation, anyone interacting with law enforcement should not do so without requesting an attorney.See question
On probation for battery
The answer is YES, but it would depend on whether your probation agent takes the report seriously. If he/she does, they can place you on a hold while they investigate the potential rule violation. It would be difficult for a prosecutor to bring a criminal charge on a mere allegation such as this, but your PO can investigate and, as part of that investigation, you would be required to answer questions about the allegation.See question
Hi, I got arrested for disorderly conduct last night. The ticket states "subject was intoxicated, refused to leave premises, was forced to be physically escorted out by the taverns staff, causing a disturbance" How can they prove any of this...
This depends in part on whether the arrest resulted in a citation or a criminal charge. A citation is a civil forfeiture offense that is generally handled in municipal court in whatever city of village you reside in. The penalty is a fine. A criminal charge will be handled in circuit court and will show up on CCAP. It carries more serious potential penalties, including jail and/or probation. You should consult an attorney and review with him/her exactly what paperwork you have and where/when your court date is. Regardless of whether civil or criminal, an attorney can also help you avoid the most serious consequences of this situation.See question
I was caught at WalMart last month for stealing 70$ worth of merchandise, this will be my second time getting caught and since im 17 the police who came issued me a ticket and fingerprinted me but idk why! I'm guessing because I didn't have a I.D,...
You should consult an attorney before going to court. You may be able to avoid the most serious consequences through a diversion or deferred prosecution agreement, and there may be legal defenses a lawyer could help you spot.See question
No past criminal record
Very hard to say without additional facts, but there are definately things that can be done to mitigate the damages. Consult an attorney immediately.See question
If you have a revocation withheld sentencing but dont have a schedule sentence yet but was sentenced on another case how long before you get transfered to prison
You will be scheduled for a sentencing hearing before the court that imposed the original probation disposition (or the Judge who now has that calendar). If you have an attorney, the date will depend on his or her calendar, and the Judge's calendar. If you don't have an attorney, you should contact either the state public defender or a private attorney to help you with this. Whether you are transferred to prison first depends on a number of factors, including the County, the current sentence and the date of the sentencing hearing.See question
I'm 17 and I stole merchandise under 90 dollars from Walmart. They got the merchandise back UNDAMAGED. My record is clean straight. This will be the first thing on there
This could be either a municipal citation, or a criminal charge (misdemeanor). Either way, it's probably a good idea to consult with an attorney (and your parents) to see how it can be handled with the least serious consequences. Deferred prosecution programs, "hold-opens," diversions - there are several ways to keep your record "clean," and an attorney who is familiar with the jurisdiction would be able to advise you on these.See question
I received a second retail theft citation (Ordinance Violated 183.61) in the last 5 months. First offense in Oak Creek, WI second offense in Franklin, WI. The States Attorney gave me a deal the first offense - reduced fine an dismissal if no oth...
It may be possible. Different city attorneys handle these things in different ways, and would take into consideration individual circumstances. You should seek legal assistance from an attorney who handles municipal citations.See question
Been searching through WI state statutes and I am trying to find the statute that states police have 72 hours to charge someone
There is no statute that requires charging in 72 hours, or within any specific time after an arrest. (As noted above, there are statutes of limitation on prosecutions). In Milwaukee, the prosecutor's office generally tries to make charging decisions within 72 hours; if they can't do this, they may release someone for a "charging conference" or other future review, but that's not set in stone. The Supreme Court says there must be a probable cause determination within 48 hours of someone's arrest, but this is a "paper" review by a court commissioner, who then sets bail if they find PC. These are complicated, fact- specific situations, and other factors may come into play, such as probation holds, commitments that might exist for unpaid tickets or court costs, etc.See question
I am 35 and have never been in trouble. I am being charged with a misdemeanor battery. The person pushed me and I pushed back. While trying to leave the person was blocking me from leaving and body bumping me so I pushed her off of me. It was caug...
With no prior record, you may well be able to obtain a favorable resolution to a situation like this. You should consult with and be prepared to hire an attorney to help you through it. You should do this before you have any further contact with law enforcement or the courts.See question