Michael C. Witt’s Answers

Michael C. Witt

Jefferson Criminal Defense Attorney.

Contributor Level 18
  1. Can me and someone else that were involved both have a lawyer from the same office represent us? They are different lawyers.

    Answered 9 months ago.

    1. Michael C. Witt
    2. C. Donald Briggs III
    3. Lewis John Gazda
    4. Christian K. Lassen II
    5. Michael T Warshaw
    6. ···
    6 lawyer answers

    On its face, yes. The question then becomes whether it can be waived, whether both parties are willing to do so, and whether or not the lawyers are also willing to take that risk. The answers to those questions are both case-specific, and involve individual judgment calls beyond the scope of any answer here.

    17 lawyers agreed with this answer

  2. I was pulled over by an officer for suspended vehical registration . Upon approaching my car the officer smelled alchol and

    Answered over 1 year ago.

    1. Michael C. Witt
    2. Karyn T. Missimer
    3. Chadwick J. Kaehne
    4. Jay K. Nixon
    5. Macy Michelle Jaggers
    5 lawyer answers

    There is a lot of law, both cases and statutes, that you would need to know to have a chance at pursuing a successful stop motion, and no one can give you the benefit of three years of law school, not to mention years of experience, in a web post. The real question you need to ask yourself is can you afford not to have a lawyer.

    16 lawyers agreed with this answer

  3. I got into a small fender bender and i was uninsured?

    Answered 10 months ago.

    1. Michael C. Witt
    2. David Ian Schoen
    3. C. Donald Briggs III
    4. Lars A. Lundeen
    5. Jay K. Nixon
    6. ···
    7 lawyer answers

    Yes. http://www.dot.wisconsin.gov/drivers/drivers/traffic/sr-law.htm

    15 lawyers agreed with this answer

  4. Can police get away with lying on dui report when video/audio doesnt back up their claims?

    Answered 11 months ago.

    1. Michael C. Witt
    2. Jeffrey J. Szczewski
    3. Ted Harvatin
    4. Kathryn Mary Holton
    5. Andrew Stephen Roberts
    5 lawyer answers

    A challenge to the existence of probable cause for the arrest needs to be raised by pre-trial suppression motion. It is not a trial issue. If someone has filed such a challenge, then the discrepancies between the report and the video can be used to challenge the officer's credibility. It can be used this way at trial as well, but I'm not sure anything on the video is going to contradict or directly call into question a breath or blood test revealing a prohibited alcohol concentration. You...

    15 lawyers agreed with this answer

  5. OWI 1st, PAC .13, criminal damage to property.

    Answered over 1 year ago.

    1. Michael C. Witt
    2. Karyn T. Missimer
    3. Nicholas C. Zales
    4. Charles K. Kenyon Jr.
    5. Stephen A. Gustitis
    6. ···
    7 lawyer answers

    Be prepared to pay the restitution up front.

    14 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Should I sue or take action against a Taxi Company for an accident they caused?

    Answered 8 months ago.

    1. Michael C. Witt
    2. Kevin William Attkisson
    3. James J. Connolly
    4. Jeffrey Mark Adams
    5. Philip Anthony Fabiano
    6. ···
    11 lawyer answers

    You should try finding a personal injury lawyer to assist you with this claim on a contingent fee basis, meaning no fee is collected by the lawyer unless a settlement or judgment is obtained.

    14 lawyers agreed with this answer

  7. Am i able to go to rehab instead of jail for 3rd offense of owi with child

    Answered 9 months ago.

    1. Michael C. Witt
    2. Jay K. Nixon
    3. Jeffrey W. Jensen
    4. Nick Passe
    5. John E. Dobogai III
    5 lawyer answers

    No. A third offense enhanced by the presence of a child in the vehicle is a felony. Not only is there a mandatory minimum jail sentence that applies, but prison is also a possibility. Getting yourself immediately into treatment will help mitigate your sentence, but you need to get yourself a lawyer.

    13 lawyers agreed with this answer

  8. What if I get beat up while the police are taking my blood and then hit and abused after americanlawassociation@gmail.com

    Answered 11 months ago.

    1. Michael C. Witt
    2. Jason Todd Studinski
    3. Samuel Cohen
    4. Kathryn Mary Holton
    5. Eric P. Pitsch
    5 lawyer answers

    You don't say what happened after the arrest, but if you submitted to a record test and the results revealed a prohibited alcohol concentration, you received a notice of intent to suspend with a short ten-day response deadline. If you refused the record test, you were issued a notice of intent to revoke, also subject to a ten day deadline to request a hearing. You need to deal with the charges first, and worry about any police misconduct issues later. Even if you were subjected to excessive...

    13 lawyers agreed with this answer

  9. Ignition interlock was ordered for a year. Can I ask the court after a 3 months to shorten the sentence so I can get rid of it

    Answered 12 months ago.

    1. Michael C. Witt
    2. J Steven House
    3. Derek Anthony Patrin
    3 lawyer answers

    No. Twelve months is the mandatory statutory minimum.

    13 lawyers agreed with this answer

  10. Is it required to plead guilty beforehand in order to allow to argue to the judge for criminal charges?

    Answered over 1 year ago.

    1. Michael C. Witt
    2. Nicholas C. Zales
    3. John Scott Swimmer
    3 lawyer answers

    Your son's mental disabilities are not a defense in the sense you are using the term. Guilt or innocence depends on the State's ability to prove the elements of the offenses charged, period. An NGI defense is not a defense in that sense of the word, and only comes into play after a finding of factual guilt. At that point, if it can be established that at the time the offenses were committed he either did not know right from wrong, or was otherwise incapable of conforming his conduct to the...

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