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Michael C. Witt
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Michael Witt’s Answers

2,655 total


  • How do I locate the right lawyer with out spending days calling each one?

    I have posted a question on this site and on another about suing an attorney that has cost us a lot financially, by our standards,and tremendously for my health. He has caused our mortgage company to foreclose and stole money from us. The respons...

    Michael’s Answer

    Try contacting the PA Bar Association. http://www.pabar.org/public/membership/mscfaqpub.asp

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  • Can a man be arrested after the fact if the woman does not want to press charges?

    They get into a heated argument, while drinking , he pushes her and gives her a kick she has neighbors call police, he takes off. She's crying and blabbing on and on,.the officer leaves but told her he will be back the next day to see how she is....

    Michael’s Answer

    Yes. The State prosecutes when there is probable cause to believe the law was violated. Even if the responding officer does believe charges are warranted, a reviewing supervisor or prosecutor could disagree. Stop posting details on line.

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  • My question is what do I need to list on my resume for misdeamenors/felonies for what you can find on line legally.

    I have some infractions that I am not sure what would have to be listed on a resume. You can find all info on CAAPS I believe, that is all the information on me. What of all of that has to legally be listed ??????? Brett D. Warden 4/...

    Michael’s Answer

    This is not a proper use of this forum. If you need a binding legal opinion you're going to need to hire a lawyer to review your record, and the application in question. CCAP cannot be relied upon for this purpose. You can check your own record with the DOJ. Good luck. http://www.doj.state.wi.us/dles/cib/background-check-criminal-history-information

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  • Do I need an attorney to fight against a restraining order?

    A temporary restraining order has been issued. I have a court hearing in four business days. There are false allegations made by the petitioner that will have a serious impact on my livelihood. The petitioner claims I was sexually inappropriate...

    Michael’s Answer

    Yes. The playing field is skewed against you, and given that you are likely to also be facing a sexual harassment suit, having a Judge find that you aren't as credible as she is would not be a good thing. Consult a lawyer. Today.

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  • Would i be denied visitation being on the sex offender registry

    in 2007 i was charged and convicted of 2nd degree sexual assault of touching the breast outside of the shirt on a child 14 years of age. there was no sex, no oral sex, no threats. i completed probation. i am allowed children. are daughter is 5 mon...

    Michael’s Answer

    This is not a criminal defense question. You'll need to consult a family lawyer. Good luck.

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  • Should i hire an attorney? 2nd OWI on ATV within 5 years.

    I got in an ATV accident on May 21st & was transported to the hospital. Upon being transported the Cop gave me a breathalyzer, i was over the legal limit. Upon arriving home from the hospital i had 2 tickets in the mail, i was to report to court ...

    Michael’s Answer

    It sounds like someone is trying to get your hospital records to use against you, without a release, or a properly signed warrant or subpoena. Yes you should get an attorney. A mix up on the court scheduling does not make the judge in contempt of himself, and is not a defense.

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  • Question about Wisconsin DUI 2nd offense. Please help!?

    My mother has been pulled over once in 2011. She was arrested for drunk driving. This was her first offense. Last week of this year she was pulled over for her second offense. She blew a .22 on the breathalyzer. I believe .8 is safe? I'm hearing t...

    Michael’s Answer

    Unfortunately, drunk drivers do hurt and sometimes even kill people, and jail is mandatory on a second offense. At .22, she is almost three times the prohibited level of .08, and .8 would not only not be safe, it would most likely be a fatal overdose. Your mother needs a lawyer. If she can't afford to hire one, she needs to go see the public defender. Today. She then needs to get her AODA assessment scheduled and completed, and promptly comply with any resulting treatment recommendations. Good luck.

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  • Can I reopen my case to have my conviction removed or overturned?

    in 2011, I was accused of sexual assault against a minor in 2002 by a family member, she was 6 years old at the time. I myself at the time was only 13-14. The charges were not filled until I was 24. I was told by detectives that all they wanted wa...

    Michael’s Answer

    If expunction was sought, and denied, or negotiated away as part of the plea bargain, no. If your lawyer just didn't think to ask, maybe. You'd need to pay post-conviction counsel to review the record to find out.

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  • What chance do I have to bet .09 breathalyzer in court

    Had ancient hit park car was taken to the police station an hour later I blow 09 it was snow on the ground ice

    Michael’s Answer

    Odds are on a conviction, as the way the law is written you are supposed to lose. Without competent counsel, you stand little or no chance. Consult an attorney.

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  • Advice. Disorderly conduct when I was defending myself...?

    I confronted a family that swung their door full force into mine, causing a huge dent and deep scratch in my car. Their kid fessed up so I asked for their insurance. At that point they became belligerent, saying she doesn't deserve this and she's...

    Michael’s Answer

    Plead not guilty, and take the matter to trial. If the case is in municipal court, it will be a court trial, with a right to a de novo jury trial in circuit court if you lose in municipal court. If the case is in circuit court, but not a criminal charge, you will need to demand and pay for a jury ($36 for a six-person jury) or the trial will be to the court. You have a much better chance of acquittal if you retain counsel, but you aren't required to have an attorney to get your day in court. I'd suggest scheduling a consult with a local defense lawyer to discuss your options. Good luck.

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