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J Steven House
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J House’s Answers

535 total


  • How do I make a vehicle exempt from having to install an ignition interlock device on it?

    I live in WI. and have a occupational license, restrictions are from 12/2013 to 5/2016. I purchased a used vehicle from a private party and wish to title and put plates on the car without having to install an interlock device. How do I do this ? w...

    J’s Answer

    A motion for exemption must be filed with the court. However, you need to understand that it would still be unlawful for you to operate ANY vehicle, even an ecempted one, without an IID so long as the IID order is in effect.

    An attorney may be able to increase your chances of obtaining an exemption.

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  • Is a lie detector a garentee for a sex offender on probation,?any case law support defendant?

    18 mnth out,s.o.t.was not needed,

    J’s Answer

    You will most likely be given a lie detector test on SOP. However, you cannot be revoked for merely having an indication that you are lying on the test.

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  • I got a IL speeding ticket which required a court appearance on Sep 1st. I am leaving US for good in 10 days. What do I do now?

    I got my first ever traffic violation ticket yesterday in my 4 years of driving history in US. I was driving 30 mph above speed limit in Lake county of Illinois. This ticket requires me to appear in court on Sep 1st, 2015. I am from India and I am...

    J’s Answer

    Contact a traffic attorney in the IL county you received the citation in to see if they can get a reduction for you and handle the case in your absence. You may also wish to try posting this same question listing the city in IL that you were cited in, rather than Milwaukee so that you can get some responses from IL traffic attorneys.

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  • Criminal or non-criminal?

    If incident (ie. theft) is a crime, but municipal ordinances are not crimes, and I was arrested (and incident shows on DOJ, but not WCCA) is a municipal theft a crime or not a crime, technically?

    J’s Answer

    It was not a criminal conviction IF you were found guilty of a municipal or county ordinance. If the case was scheduled in a municipal court, then it was a municipal ordinance violation and, aside from older cases, not appearing in CCAP is often (but not always) a good indication that a case was in a municipal court. Keep in mind that even cases charged in circuit courts can be non-criminal county ordinance violations or amended to county ordinance violations.

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  • Can municipal violations be removed (or improved in any way, similar to expungement, pardon, seal, etc) from criminal record?

    Despite my B.A. (psychology), I have difficulty finding a better job/starting career, and believe my criminal history may be causing damage, even if my record does not include anything listed as a disqualifying charge for job position. Moreover, ...

    J’s Answer

    • Selected as best answer

    Keep in mind that municipal and county ordinance violations are not criminal offenses.

    There is no provision under Wisconsin law allowing a court to expunge a municipal ordinance violation. However, it is sometimes possible to reopen and amend or dismiss an ordinance violation, though this is only likely to happen with a prior agreement and stipulation to reopen with the prosecutor if the case is more than a year old.

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  • What can i do? 2 felonys retail fraud. Worked with cops now they broke there contract and I'm sitting in jail with ppl I busted

    I worked for the cops. They promised me things and completely screwed me one of the things in our contract was that I was not supposed to have to sit in jail with the ppl I busted. I got 7 mths in only a mth in and they have arrested the ppl I bus...

    J’s Answer

    Discuss this with jail staff and they may place you in segregation for your own safety. This is a prime example of why I never recommend that my clients "work for/with police". Informants end up floating in lakes, buried underground and worse.

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  • How it is a theft?

    How it is a theft if store security saw me on camera taking item. They called police and stopped me at the exit. Police asked me to proceed to security room. They checked me even asked to take shoes off and FOUND NOTHING. But still gave me a cita...

    J’s Answer

    943.20  Theft.
    (1)  Acts. Whoever does any of the following may be penalized as provided in sub. (3):
    (a) Intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of such property.

    The statute doesn't require that you took the property, but can cover instances where a person carries, uses, moves, or conceals property without consent and with the intent to permanently deprive the lawful owner of the property permanently. Charging is easy, whether you can be convicted is another matter that will depend upon the circumstances of your case. Details are best discussed privately with an attorney, not posted in a public forum like this one.

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  • I live in WI have a 3rd degree DUI misdemeanor in MN from 2007. I just was arrested for an OWI and Possession of marijuana in WI

    Is the new arrest grounds for a felony conviction or just a misdemeanor? I went off the road and crashed into a ditch and totaled the vehicle. I was by myself. My BAC was .21 Thank you

    J’s Answer

    It would not be a felony 4th offense unless your third offense was within the past 5 years. It's a little unclear if the MN was a third offense however as you mention it was a "3rd degree DUI". To clarify, 1st - 4th offense OWI (from January 1, 1989 onwards) are misdemeanor offenses, unless the fourth offense is within 5 years of a countable prior offense (OWI/DUI/implied consent refusal...) A fifth or subsequent offense will always be a felony offense in WI. With a BAC of .21 you will be looking at significant jail time on a 4th offense, even if it is charged as a misdemeanor. An attorney familiar with the local prosecutors and judges may be able to assist you with mitigating the potential penalties. One of the best things you could do for yourself at this point is to get into some serious alcohol abuse counseling.

    A second offense marijuana possession charge could be charged as a felony in Wisconsin, though only a handful of backwards DAs still pursue such harsh charges for simple marijuana possession in Wisconsin.

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  • Do you need a statue provision to reopen an case.

    to convince the DA to reopen an case.

    J’s Answer

    As a matter of law, the WI Supreme Court has held that circuit courts (the trial level courts) have no authority to reopen a criminal case other than that authority specifically granted by statute or the constitution.

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  • Need advice regarding recent charges & the possibility of getting work release (Huber).

    A few years back I made a financial mistake that ultimately landed me 2 years VIP (Volunteers in Probation) probation. The stayed & imposed sentence was 9 months with a forgery (felony) charge looming over me.. I recently violated my probation &...

    J’s Answer

    Probation can and is often transferred to another state if a person resides in that other state. However, you would need to have a special arrangement worked out for transfer of any jail sentence to another state.

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