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Michael C. Witt
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Michael Witt’s Answers

2,878 total


  • Will the demerit points transfer or will there be a problem with getting a license in colorado

    I got a ticket for speeding in Wisconsin and received 4 points I am moving to Colorado in the fall

    Michael’s Answer

    As long as your WI license is valid when you move, I doubt a single speeding ticket would preclude you from being licensed in CO, but you need to consult a CO lawyer for specifics. Try reposting this question listing the city you intend to move to as your location.

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  • Will I be able to contest and win on the speed challenge

    ok I got a ticket for speeding when the cop was driving the opposite direction made a u turn and pulled me over there are not many speed limit signs on the road he said I was going 73 but wrote the ticket for 70

    Michael’s Answer

    You fail to indicate what type of road or highway you were driving on when this happened, but there are default limits on some types of roadways, posted or not. If admitted into evidence, a speed of 73 mph as clocked by moving radar is sufficient for a conviction virtually anywhere in WI, where the maximum speed limit is 70 mph or less. You have virtually no chance of successfully defending this without the assistance of lawyer, and even then, you may still be convicted at trial. Most speeding cases are resolved short of trial. Without knowing the limit applicable here, it is impossible to say what the consequences will be.Consult a traffic lawyer.

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  • Why have I heard nothing about my accident in almost two years?

    I was in a highway collision that resulted in a fatality. That night, I was questioned by the State Patrol Invetigator. I spoke with him again a week later to give him permission to access the data of the black box. It's now been 22 months, and I...

    Michael’s Answer

    Consult a criminal defense lawyer about bringing a motion for the return of your seized property. If the State opposes the motion, you should probably get some answers as to why they feel they still need the car as potential evidence. Good luck.

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  • What can I do so that this is rectified and the woman gets what she deserves?

    I was run over twice in my driveway, reverse and then in drive. After running me over the woman left. The only thing the woman got was an operating on roadway without valid insurance. I was unable to work, had to withdraw from classes (financial a...

    Michael’s Answer

    Sorry to hear about your trauma. Keep looking for a lawyer. In the meantime, look into initiating Safety Responsibility proceedings through the DMV. http://wisconsindot.gov/Pages/dmv/license-drvs/rcd-crsh-rpt/srlaw.aspx Good luck.

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  • Can I seal or expunge this felony or at least restore my gun rights? I live in a violent city and I want to protect my family.

    I live in wisconsin. In 2001, I was convicted of forgery party to a crime, felony c. I allowed bad checks to be deposited into my account. I had a public defender that could care less about my future. I was 19 years old at the time and 9 months p...

    Michael’s Answer

    Expunction must be granted at the time of sentencing, and it was not possible to expunge any felony in WI in 2001. Even under current law, class C felonies can not be expunged. Provisions in the federal law that would allow one to petition for the restoration of firearm rights were de-funded by Congress decades ago, and WI law might still prohibit possession of a firearm even if such a petition were to be granted, subject to further litigation. The only option for someone in your position would be a pardon, only the governor can grant such a pardon, and Governor Walker has publicly stated he will not pardon anyone. Unless he has a change of heart, or we get a change of governors, you are unfortunately without any viable options for direct relief. I can't see a Milwaukee County prosecutor or Judge agreeing to reopen & amend a case this old just for the purpose of putting another gun on Milwaukee streets given the current situation there.

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  • Is there any chance of winning this case even though i was not driving?

    I got a OWI inside a park car. I was very polite to the officer and he told me to step out of my car. i ask him what did i do wrong? No respond from him. Cuff me and took me to the station.

    Michael’s Answer

    You don't have to be driving to be charged with operating under the influence. Operation can include starting the car, even if you are just running it for the heat. You need to schedule a consult with an experienced attorney immediately, as there are short ten day deadlines associated with administrative suspension or refusal revocation proceedings. Good luck.

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  • Question on plea deal and time served laws

    Friend is in prison on revocation. Was revoked due to committing another crime. Now being charged with that crim but in 2 counties. Is it possible for attorney to discuss with DA in both counties on a possible plea? Also since he was revoked due t...

    Michael’s Answer

    As already indicated, it is not only possible, but also can be advantageous to coordinate resolutions for clients with multiple cases in multiple counties. The law regarding credit for time served is not as simple, but if the conduct he was revoked for is also the conduct he is now charged with, he may be entitled to dual credit for the time spent on revocation hold if the original sentence on the underlying probation case was withheld, and he was also in custody unable to make cash bond on one or more of the new cases.

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  • I want to seal, expunge or receive relief of disability is this likely and what are my options if so. How do i go about this?

    I want to attain a license from beauty school. I have a felony of battery to officer from 2002 when i was 17. I was sentenced to 4 years prison 4 probation. I did finally complete the sentence after 3 trips to prison and finished probation jan ...

    Michael’s Answer

    As stated, if prosecuted as an adult, you don't. Felonies weren't capable of being expunged in WI in 2002. Even if it had been possible, failure to have it granted at sentencing, and failure to successfully complete your probation would both independently stand in your way. Sorry.

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  • Can the prosecutors for incident 2, use the pictures allegedly taken, by the victim 4 days prior, as evidence to prove the case.

    A friend of mine is facing identical charges in two separate counties for two separate alleged incidents that are relatively similar. His girlfriend claims that she was assaulted on a Saturday night, and claims that she took pictures of herself by...

    Michael’s Answer

    Your friend has no burden of proof, and as you describe it, the iPhone photos from the first alleged incident certainly seem to be relevant and admissible in the second case. Her second, different story of how she got those injuries, if they are the same injuries, may also serve to undercut her story in the first case. Your friend should be discussing these issues with his lawyer. If he doesn't have one, he needs to get one.

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  • I need house arrest granted for child care and work. How can i get this court ordered after i have already been sentenced?

    I was recently Sentenced in WI to 8 months County jail with Huber for work. I was given a date to turn myself in to start sentence. My attorney at the time of sentencing did not want to ask the judge for house arrest even though i have a good reas...

    Michael’s Answer

    If I understand this situation, while on felony bond for a crime involving dishonesty, you violated the terms of that bond, were convicted of the original felony, and ball jumping. The lawyer most familiar with the case (and coincidentally the lawyer that kept you out of prison) did not feel that the pursuit of electronic monitoring in lieu of jail as what is probably a condition of a felony probation was a sound sentencing strategy. You apparently went along with that advice. Now, faced with reporting for jail, you are on a free Q & A website looking for a way to avoid reporting for jail as ordered.

    Short answer, you can't. Failure to report for jail as ordered would be a new crime that could get any probation revoked. A motion to modify sentence would require legal grounds, and it is not clear on these facts that such grounds exist. You need to make arrangements for your child, even if that involves foster care because the child's mother is not available, and report as ordered, or this will only get worse. If this jail is a probation condition, and you need more time to make those arrangements, ask the court for more time to report, but be sure to make that request in time for the court to rule one way or the other on such a request, and abide by the court's decision.

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