Skip to main content
Michael C. Witt
Avvo
Pro

Michael Witt’s Answers

2,624 total


  • When do I have to enter a final plea for OWI.

    I have first court date (not intake) very soon. I have not seen all of the evidence against me yet nor have I been advised of the potential penalties. Will I have to enter a final plea at the upcoming court date. Its is labeled as "Hearing". N...

    Michael’s Answer

    This is a question you should be asking your lawyer. If you don't have one, tell the judge you'd like more time to consult one. If you can't afford to hire one, consult the public defender. However, since an unenhanced first offense is not a crime in WI, if this is a first offense, the public defender may not be able to represent you, and you may have to hire your own lawyer. Given the numerous direct and collateral consequences associated with an OWI conviction, you really can't afford not to consult an attorney. Good luck.

    See question 
  • How long do you suppose to sit in jail on a domestic like a misdemeanor warrant.

    My son had warrant for a domestic misdemeanor and he just got caught instead of turning hisself in, so how long will he sit in jail.

    Michael’s Answer

    It depends upon the type of warrant, and why it was issued. You can try searching court records, under the person's name for a clue. http://wcca.wicourts.gov/index.xsl

    See question 
  • How long do sit in jail on a warrant

    My is in jail for warrant on misdemeanor

    Michael’s Answer

    As already noted, it depends upon the type of warrant, and why it was issued. You can try searching court records, under the person's name for a clue. http://wcca.wicourts.gov/index.xsl

    See question 
  • Why do I get charged with disorderly conduct but the man who grabbed me by the throat gets nothing?

    I walked out of a bar with a drink to call a cab. Was asked to get back in with my drink, I apologized then as I walked in man grabbed me by the throat. I yelled at him several profanities and he put me down. Cab came and I left.

    Michael’s Answer

    I suspect because you left the scene, and the responding officers only got statements from those still there when they responded. You aren't going to talk your way out of this, and may talk yourself into a bigger problem if you try and handle this yourself. Consult a lawyer. Good luck.

    See question 
  • My gun was taken by police while I was in Chicago for a funeral, my dad left it a his friends house and it was taken from there.

    I am not involved in any crime but I can't get any info from police about what happened just wondering what steps are needed to get my rifle back. I left it with my dad's friend because I'm not sure about what laws are against bringing a gun acros...

    Michael’s Answer

    If the weapon was seized as evidence in a case in which you are not yourself a suspect, you may be able to recover it by filing a motion for the return of seized property. Consult a local criminal defense lawyer for assistance.

    See question 
  • Anything i can do to fight an armed while intoxicated charge?

    Any lawyers in the area that specialize in that? I want ro be able to keep my gun and my conceal carry license.

    Michael’s Answer

    If you are convicted of the offense, the weapon used in the offense will likely be required to be destroyed by statute. There are plenty of lawyers who specialize in criminal defense. A criminal defense lawyer who is also familiar with weapons as well the the legal and scientific aspects of blood or breath test evidence is probably your best bet. Contact lawyers and schedule consults with them, hiring the one you feel most comfortable with. Good luck.

    See question 
  • Will it hold up in court

    I was in a car accident january 25th 2015 i was coming out of a gas station and a car was speeding n t boned my passanger side of the vehical. The police report says we were both at fault. Do i have a case?

    Michael’s Answer

    Will what hold up in court? Police reports aren't admissible, but the officer can certainly testify as to the result of his investigation. Were you cited? Sued? Subjected to Safety Responsibility proceedings? Were you injured? Without more information, it is difficult to tell what you are asking.

    See question 
  • What can I expect?

    Iam Natashia Krocak, defendants fiancé he is being charged with felony failure to support, we have 3 children together that he has been physically there for since the beginning. take a look at his role model in life, you can see why he was so tr...

    Michael’s Answer

    You can expect the court to drive home the legal requirement to support all of his children, not just the three he has with you, and to stop having children he can't support, or lock him up for not doing so. Inability to work and make the required payments is a defense, so he needs a lawyer. A man with several children however, will not likely be able to blame his own mother for his failure to replace his lost social security card, or get other necessary ID for him.

    See question 
  • My son died from a co sleeping death can the guy who slept with my child charged?

    My son died from a co sleeping death can while in states custody. Police did nothing as well as child protective services. My step daughter is still in their care. I have pictures the police and medical examiner took to investigate. My son was les...

    Michael’s Answer

    I doubt a co-sleeping death will be charged as a crime absent unusual circumstances, given that while preventable, they are generally considered accidental. You may be able to bring a civil suit. Consult a lawyer who handles wrongful death cases.

    See question 
  • Will I beable to join the Air Force?

    So I have an adult possession of a controlled substance forfeiture. Not a criminal charge. Just a fine. Will I beable to sto join the Air Force sense it's not criminal??

    Michael’s Answer

    According to the Air Force, you'll need to contact a recruiter to find out. Good luck. http://www.airforce.com/contact-us/faq/eligibility/

    See question