I WAS PUT ON PROBATION BACK IN 2007 FOR CREDIT CARD FRAUD AND IDENTITY THEFT. i HAVE BEEN EXTENDED 2 TIMES PRIOR TO MY NEXT PROBATION REVIEW HEARING MONDAY NOVEMBER 30TH. I OWE 4,100 IN RESITUTION STILL,I AM ONLY ON PROBATION NOW FOR THE RESTIUTI...
There is little in the way of limits to how long probation may be continued for payment of restitution so long as a person is able to pay and it will certainly be continued until fully paid if a probationer consistently agrees to extension. Your probation cannot be revoked for failure to pay complete restitution as long as you have been making reasonable good faith efforts to do so throughout your period of supervision, so there can be little to no downside to asking the court to convert restitution to a civil judgement and to conclude probation in some cases.
Even in cases where the DA strongly objects, there may be portions of restitution, such as restitution to a bank (that likely recovered losses through federal insurance) or an insurance company (which likely recovered losses through declaring losses on taxes and also is a business based upon assuming financial risk) that may be addressed in some cases. Direct restitution to victims is where courts and prosecutors typically hold firm.
There are risks involved with rejecting an extension, so it's advisable to hire an attorney who is able to review your DOC file, talk with your PO and the DA, and assure that you're not taken advantage of in court.See question
What do I need to do? I received an evaluation in Wisconsin at a Treatment Center but they will not provide me with a copy. I have been told by the DMV that I need a Driver's Safety Plan and Assessment. I am getting the assessment done
You'll need to ensure that the assessment is done at a provider authorized or accepted by the WI DOT, complete the driver's safety plan and most likely comply with the ignition interlock device order that came with your last conviction (if you haven't already).See question
4th dui in WI (misdemeanor)
Absolutely, I recommend this to all my OWI clients in the event that they would be pleading to the charge at a later date. It's best to do this as soon as possible as it can take months to get in to an assessment in some counties like Dane, and several more months to complete the recommended driver's safety plan. I also recommend that defendants facing repeat OWI charges enter into a private substance abuse program if feasible as these more intensive programs will often be adopted as the driver's safety plan and the client will then have a head start by the time they are assessed.See question
I had a DUI in FLA in 2004 and one in Wisconsin in 2009. The one in FLA is no longer on my record but WI shows I have 2 DUI's and I was told they stay in my record for over 50 years!!! I am actually living in CA and I have attended classes, and ha...
Neither expunging or sealing the court record (which would not happen on an OWI case in WI anyway) would have any impact on the records maintained by law enforcement or the DMV. Forget about having a criminal OWI conviction reopened and dismissed as well, it's just not going to happen in WI and some would say nothing good happens in Walworth to begin with.See question
What kind of risks would be involved in withdrawal of plea? is the D.A. able to restore charges back to where they previously were, before the charges were lowered? Does the D.A. have the option to lower the charges even more, than what a persons ...
A guilty or no contest plea may be withdrawn prior to sentencing for good cause and under circumstances where the withdrawal of the plea would not cause undue hardship to the prosecution of a case. There may be many legitimate reasons for this, such as discovering new exculpatory evidence, discovering that the plea agreement inducing the plea was unlawful, discovering that there were insufficient allegations or evidence to establish the charged offense or that the charged offense was not even one recognized under the law. This is not something that frequently occurs, but it does happen.
Withdrawal of a plea invalidates any prior plea agreement and allows the prosecutor to proceed to trial or to negotiate a new plea agreement.See question
why is it so hard to reopen a plea agreement after all the law does make mistakes.
Because judges make it very clear that the decision to plead guilty or not guilty is the defendant's and generally go through all the rights a person gives up by entering a guilty plea before accepting such a plea from a defendant. Generally it would be the defendant's mistake to plead guilty if that is not what they wish to do, given the available options.See question
Told attorney to file relief. Come to find out he never did. Didn't answer messages until a day after due date
Yes, if a motion to extend the time for filing a Notice of Intent to Seek Post-Conviction Relief is granted by the Court of Appeals. Best practice would be to file the late Notice of Intent ASAP and then file the motion for extension with the court of appeals, stating the grounds for why the deadline should be extended. Ineffective assistance of trial counsel would be a very good reason, hopefully you can support that with some letter or e-mail from the trial attorney.See question
Hello I just want to know if it's possible to have a class G felony charge be dropped down to either a misdeminer or a non-disclosure settlement case. It has been 8 years since the offense has acured.
If you're asking whether an 8 year old felony conviction could be reopened and amended to a misdemeanor or negotiated away like it never happened, then the answer is no.
If you're asking if a pending charge based upon old allegations can be amended or settled in other ways, then it is possible and would depend on the very specific circumstances of your case. Those specific details are something you should discuss privately and confidentially with an attorney about rather than posting them on a public forum.See question
In a large city like Milwaukee how likely is it that the police would investigate the smell of marijuana if someone called in and said they smelled it coming from a neighbor's house or they simply smelled it in their neighborhood. It seems to me t...
While private marijuana smoking is not the highest priority for city police officers, citizen complaints can often lead to an investigation which may result in civil or criminal charges. This is one of several reasons why many marijuana smokers have transitions to the use of vaporizers which do not create the smoke or odor of burning marijuana.See question
I overdosed on opiate medication at a friends house. I received an OWI after witnesses stated that they saw me get out of my vehicle staggering and uneasy. When I got to the hospital the officer asked me to give a blood test and being confused abo...
Attorney Witt is correct. You will be found guilty of the refusal by default unless a timely request for a hearing on the refusal is requested. A subsequent dismissal of the OWI charge would not void or otherwise nullify the effect of a refusal order.See question