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Clayton C. Griessmeyer

Clayton Griessmeyer’s Answers

8 total

  • My boyfriend was in a bike-car collision and is being charged for the car damage. Can we negate payment for the damage?

    He was on a bike and turning out from a sidewalk onto a crosswalk in the middle of campus, where all pedestrians have priority, and the car hit him and sent him flying, hurting his leg/knee and he had to go get checked in the ER and suffered many ...

    Clayton’s Answer

    It sounds like when you say found "not liable" you are referring to the police report. Police officers who were not there to witness the collision cannot determine who is "liable." While the officer may give his or her opinion as to what they think caused or contributed to the collision, it doesn't really matter as they are often wrong and they did not witness anything. You should contact a lawyer to further discuss what you mean by the driver being found not liable and also discuss whether the other issues. Generally the sooner you contact a lawyer the better. Most lawyers will talk to you for free and give you their opinion.

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  • Can "double jeopardy" be legal if the accused was lying...

    Can you charge someone for a crime after they were found innocent if they lied on the stand, i.e. perjury

    Clayton’s Answer

    The person who lied on the stand could potentially be charged for perjury-a class H felony in Wisconsin. Depending on the facts, the person could be charged with multiple felony counts based on testimony in the same proceeding. In State v. Canon, 622 NW 2d 270 - Wis: Supreme Court 2001, the defendant was charged with drunk driving. At trial he said he was not driving. The State later prosecuted him for lying about not driving/ perjury. He argued "issue preclusion," since he was already found not guilty by a jury which means they determined he was not driving. The WI Supreme Court said issue preclusion does not bar prosecution for perjury when newly discovered evidence suggests that the defendant falsely testified on the issue. Certain requirements have to be shown by the state and this is a complicated issue. It would definitely help to obtain a lawyer regarding this issue.

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  • What penalty should I get for first offense forgery-uttering and obtain prescription by fraud. 1 count each?

    Forgery is Class H felony and Obtain prescription by fraud is Class U Misd. The DA offered me a plea deal....1-plead guilty to felony forgery/2yrs probation and 2-plead guilty to 2 counts of obtain prescription by fraud misd/2yrs probation, 30 day...

    Clayton’s Answer

    Hire a lawyer. Most lawyers have knowledge of various other options that the d.a. might consider. Lawyers will also be able to spot potential defenses that you may not realize. Get a lawyer (public defender if you don't have money) sooner than later. It is easier to get a good offer early than it is to change a da's mind/ try to get them to contradict themself with a better offer later on in the case. Depending on your age, you will also want to consider expungment in any offer along with many other things.

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  • Civil violation on background checks?

    So I went to my nonmandatory court date for a civil ordinance violation for retail theft. It actually made it worse - the judge was really mean and gave me the full fine plus a $60 class to take online. I don't care as much about the fines though ...

    Clayton’s Answer

    1. Never heard of that.
    2. If it was in municipal court it won't show up on ccap and is harder to find. Anything on CCAP is easy to find. Background checks are often based on fingerprints and if your prints are not on record that will help you.
    3. Depends on what they ask. If they ask if you have ever been convicted of a crime, (and you don't have any criminal convictions) then you say no. A civil ordinance is not a crime.

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  • Live in boyfriend accused of seeing my daughter naked is not true what do I do

    Do I need lawyer can I sue

    Clayton’s Answer

    You did not mention who accused your boyfriend or what happened. There are many important facts missing. Was he arrested? Did he go to jail? What happened? Who are you considering suing and for what reason?

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  • I was Adjudicated Delinquent for a felony, how do I get it expunged and my right to bears arms restored in Wisconsin?

    Hello Thank you for taking the time to review this. When I was 15 I was adjudicated delinquent for a felony. I am 30, I served in the military and am now out. I am interested in getting a Concealed Carry Permit and noticed this line; "...

    Clayton’s Answer

    If you try to get it expunged, in addition to what Attorney Kenyon said (which is very helpful), you may want to contact the d.a. before filing the request. That way, you can explain your situation, military service etc. and answer any questions they might have. Also, if they object, they will probably tell you why, and then you will have an idea of what they are objecting to before you go to the hearing in court.

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  • My boyfriend is in jail He told me that I could not see him because the judge put a restraining order on him. They did not tell

    me anything about this I went too see him in jail and they let me now they told him again that he can not see me. And I want too see him and he wants too see me. How long is this restraining order for nobody will tell me.And why did I not get told...

    Clayton’s Answer

    You may be confusing a restraining order with a no-contact order as part of his bond. It is common for a judge or commissioner to order that a person charged with a crime cannot have contact with the alleged victim. If this is the case, you might not know of it unless you were in court when it was ordered. If there is a no contact order and you want to see him, his lawyer will have to request to modify his bond to allow you to see him. If there is any order that you are not to see him, you must follow it or there could be serious consequences for violation. Jails keep detailed records of visits and record what people say to each other. Give his lawyer a call and find out what is going on/ what type of order it is.

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  • Bike riding child hit by car needed plastic surgery. Officer didn't thoroughly investigate, car not at fault. Can I fight it?

    Child was riding bike after school when teen driver, "Just didn't see her." Broke the bike frame in half. Police officer didn't ask to see the bike, question witnesses, etc. When, I first spoke to the officer, he stated, "Your insurance might s...

    Clayton’s Answer

    The facts of what happened are what matters, (where was the bicyclist riding, who had the right of way etc.) The police officer's opinion does not matter. I represented a bicyclist who was cited by the police for getting hit from behind by a driver and the driver was not cited at all. The jury found the driver 80% at fault. Some states have special rules for bicyclists and special rules for children. I reccomend contacting someone in your state who is familiar with bicycle laws and bicycle injury cases.

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