-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Karyn T. Missimer's Answers
- 2,165 Legal Answers
- 2 Legal Guides
6
Attorney answers:
- ···
If I major in Crminal Justice Administration could I still go to law school and become an Attorney?
Yes. Good luck!
7 lawyers agreed with this answer
4
Attorney answers:
A second conviction for marijuana possession in Wisconsin is a felony, punishable by up to 3 years- would this be a predicate?
I think both interpretations are reasonable. I see how a prior out of state conviction for drug paraphernalia falls under a broad statutory interpretation and outside a narrow statutory interpretation. Perhaps, you are right and the rule of lenity would apply. But, why risk it? Good luck!
Selected as best answer
4
Attorney answers:
I have received a Drivers license suspension for an Underage Drinking violation. How can I appeal this?
Yes, driver license suspensions are part of underage drinking convictions. See the following penalty chart: http://www.dot.wisconsin.gov/safety/docs/owi-youth-penchrt.pdf You could try moving to reopen the case. That may work if you have a very sympathetic prosecutor; and this is a jurisdiction that will generally remove the driver license penalty or amend/dismiss if you complete an alcohol education course. If this was in a municipal court, there is usually a fee for a motion to...
5 lawyers agreed with this answer
2
Attorney answers:
What type of crime is underage drinking in wisconsin
Underage drinking is not a crime in WI, it is a civil forfeiture. When the prosecutor indicated this would go on your record, s/he likely meant one of two things: 1. This violation is on CCAP. If you were ticketed by a state trooper or county deputy, your ticket is likely listed under your name on CCAP, Wisconsin's circuit court access system. You can look yourself up on CCAP at: http://wcca.wicourts.gov/index.xsl. If you were ticketed by a local police officer from a city, town,...
10 people marked this answer as helpful
3
Attorney answers:
How long will it take for the district attorney to decide if he will formally charge me with substantial battery?
For a felony offense, the prosecutor may charge you up to 6 years after the incident. For a misdemeanor, the prosecutor has 3 years. Realistically, the further from the incident date, the less likely charges will be filed, unless further investigation is needed. We have no way of knowing how long your case will take specifically. In the future, I suggest you refrain from posting such specific details regarding your case on Avvo. Anything you post online may be used against you in court,...
Selected as best answer
2
Attorney answers:
Could I in trouble ? ( for losing control of the car, I didn't get a citation at the time) State of WI.
What do you mean by trouble? Will you be blamed for the accident? Perhaps. Will your insurance company raise your rates? Maybe. Nothing in your post suggests you were at fault. Yet, you seem to think you were. Did you blow a stop sign? Why did you beep your horn? There must have been some reason you beeped the horn... Actually, you should not really answer any of these questions online. Anything posted online may be used against you in court. And, the police may still issue you...
Selected as best answer
3
Attorney answers:
Second underage in a year and half.
Yes, the ticket may be mailed. As the first answer indicated, the officer does not have to cite the driver in order to cite you. Personally, I would not call to check on the ticket. The officer may forget or decide not to charge you. But, you don't want to remind him that you are sitting there and waiting for a ticket...Let sleeping dogs lie. Good luck!
4 lawyers agreed with this answer
2
Attorney answers:
I am charged with my 3rd DUI. On the paperwork I received it has one charge from 6 years ago and another over 10 years ago.
Let me make sure I understand you. You are saying you have a DUI they did not catch; so, this is really your 4th offense. AND, you are hoping to get this knocked down to a lower DUI in a plea bargain? If I understand you correctly, that does not seem very likely, does it? In fact, you may want to consider pleading sooner rather than later so they do not find the missing DUI, unless the DUI was before January 1, 1989. If the DUI was before January 1, 1989, it does not count in WI. Of...
4 lawyers agreed with this answer
3
Attorney answers:
Can I get a prior criminal charge reduced?
You should be cautious of answers from out of state attorneys. In this case, the out of state attorney is incorrect. Yes, an attorney may be able to convince the prosecutor to reopen the case and amend/dismiss the charge. Although, this is a long shot. Depending on your circumstances, you may be eligible for expunction under the old or new law. Regardless, you may always argue the court has the inherent authority to expunge under any circumstances; but, you need an attorney to make...
4 lawyers agreed with this answer
3
Attorney answers:
How does this work?
Yes, he would be transferred to IL for probation revocation issues. As for the inmate locator, it may simply be experiencing "technical difficulties." Good luck, and Happy Holidays!
4 lawyers agreed with this answer