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Andrew M. Morgan
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Andrew Morgan’s Answers

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  • What can i do if im being charged for a crime I did not commit?

    i went to the hospital and stayed there for 3 days i was in such A hurry i cloudnt breath that i didnt care if i locked the door or not, during my stay i my nissan was stolen i sent my sister to go get something out of my car and she couldnt find...

    Andrew’s Answer

    If that's the story you win. They need to prove your intent, directly or as party to a crime. Stop talking to the cops. Let your lawyer do that for you. Plenty of people for assorted reasons may leave car unlocked, they're not all conspirators, that's silly to argue. The cops have no evidence of your involvement other than leaving the car unlocked and you can give a perfect motive for that err. You should hire a skilled no nonsense attorney who will do the proper investigation the police appear too lazy to do. Get the name if you can, but have your attorney or investigator do it, not yourself. But you don't need it, the burden is on the State to prove their case, not on you to prove yours. If you can prove yours, so much the better but if not you're still in play. Be aware there's probably an alternative theory being considered by the police, that you yourself played this out, for whatever reasons of your own. So you need to counter that too.

    Good luck.

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  • Violation of probation

    If my girlfriend was on probation for felony bail jumping and left the state before completing probation, is it possible their worst case could be receiving the original sentence? The original felony was a class I (or maybe H?) for a small amount ...

    Andrew’s Answer

    That was a tough sentence for a small amount of MJ, unless more in play. She will probably be revoked but not necessarily. If revoked the original stayed sentence will kick in. She might however pick up a new charge to go with the warrant violation, and be facing a little time on that. Mitigating factors will play a big role at every discretionary step along the way. Recent changes in the sentencing law may benefit her, under what is known as Act 28. Get a good attorney with a track record of wins with fighting revocations, esp. in absconding cases. Make sure her stable life is well documented in evidence, reaching the decision maker(s).

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  • Can my husband's probation be revoked for driving outside of his occupational hours to work?

    My husband was pulled over for a burned out light and they found that he was driving before his allowed hours on his occupational license. His hours at work have changed since he set them and he never changed them on his license. He did nothing ...

    Andrew’s Answer

    It will be a technical violation, but relatively minor one with mitigating circumstances. He would not likely be revoked for it alone, but it goes on their log and if he gets into worse trouble this will be trotted out as another incident to show poor adjustment. Very unfair given how police know they can target minor equipment violations as a basis to stop and investigate. He's been doing otherwise well, they should let him out again with a warning to keep his allowed driving hours up to date. The system is designed to help but is tough love on its best days and setting you up to fail the rest of the time. You do not need a lawyer unless they have told you the are filing to revoke. A lawyer might be nice to have anyway, just to go into more detail than I have here. Hang in there, follow the rules so you keep beneath the radar, steer wide of trouble. Best wishes you can make it.

    Obligatory disclaimer: Not legal advice. No attorney-client relationship exists at this time.

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  • Child Support and more...

    My husband is a little bit behind on his child support payments. His ex-girlfriend is saying she's filing contempt of court against him. The thing is, he's still paying as much as he possibly can each month and it's always $100.00 or more. Can she...

    Andrew’s Answer

    You can file a motion to modify the child support order. You need to review the evidence and findings of the court in issuing the existing order, and prepare to argue how the relevant circumstances have changed, as affect the statutory factors the court must consider. Be sure to have all available supporting evidence ready to show the judge or court commissioner, you need more than just your word. Ideally you will have a family lawyer help you with this. Perhaps you can find one you can afford, or perhaps you're eligible for help through a legal aid society. In northern Wisconsin, the legal aid society is Judicare, you can look up your local Judicare office in the phone book or online.

    The custody papers relating to the child probably have provisions for who can claim the child on their taxes. Start there to answer that question. If the court got it wrong, perhaps seeing incomplete evidence, or if circumstances have changed, you can seek to modify the provision, similar to the motion discussed above. Or if as you assert, the ex- is disobeying the existing order, then you can seek a contempt action.

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  • Felony conviction

    i was convicted of a felony 13 years ago. how can i get it off or reduced from my record.

    Andrew’s Answer

    Look here: http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&d=stats&jd=ch.%20304

    That describes the many sections, subsections, and clauses of the applicable statutory law. And following is

    http://www.wisbar.org/AM/Template.cfm?Section=Current_Issue1&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=39460

    These two links will inform you much better than I can in the limited space allowed here.

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  • CRIMINAL PUBLIC DEFENDER

    My son is in jail in one county and a writ is being provided to get him to a court date in another county. Does he have to wait until that court date to ask for a public defender or can I call somewhere to get one to be there for him?? Thank you.

    Andrew’s Answer

    Depends on whether the public defender office in the county having custody covers cases in the other county. This will normally happen in the more thinly populated smaller rural counties. Otherwise you will need a Public Defender who works in the county wanting your son for court. You should call the Public Defender's field office in the county that seeks to bring your son into court there. Make sure you have your son's core information about himself and the case, ready to discuss before making the call.

    Below I have listed a link to a public defender director for Illinois. The website is officially geared toward appellate work, but I think this particular link gets you to the field offices for trial work. Even if it doesn't, someone at one of these office will know, and will direct you to the correct number.

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  • Underage sex laws

    My boyfriend was 17 and i was 16. someone turned us in for having sex he got sentenced 2 years probation and has to take a class. his probation isnt up but i'm 18 now and hes 19 since we are adults is it legal for me to contact him

    Andrew’s Answer

    At this point, whether he can contact you is supervised by the probation dept, and may be set by a rule of supervision, established by the probation dept. If you meet with the probation agent and request that the no contact order be dropped, the agent may drop it for you. The agent may require you to put your waiver of no contact into writing, and sign that. Your agent may allow some contact but not full contact. You're both now adults so the purpose of keeping him away from you is now probably moot. If you and your boyfriend have maintained a good relationship with the probation office, your chances are better. If there's been a series of flare-ups along the way, your chances may be hurt by that. It's legal for you to contact him, but by doing so you may be setting him up for more trouble unless you get the no contact order dropped or changed. Try the probation office first. Then you can try the court next, asking the court to drop the order. The court will probably not want to intervene, one way or the other, and you will need to show a compelling case why your boyfriend should not be bound by the no contact order even though the probation office says he should.

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  • Legal jurisdiction, can one county charge a person with a crime that happened in another county, WI criminal procedure

    Can one county charge you with a crime that they say happened in another county?

    Andrew’s Answer

    One situation in which a crime can be charged by one Wisconsin county even though it happened in another is if the charge is brought against a young person in juvenile court. See Wis. Stat. 938.185.

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