Sean William O'Neill’s Answers

Sean William O'Neill

La Crosse Criminal Defense Attorney.

Contributor Level 10
  1. Does the judge have aright to convict me based off of her opinion? even if the evidence presented by the state says otherwise?

    Answered almost 2 years ago.

    1. Sean William O'Neill
    2. Charles K. Kenyon Jr.
    3. Karyn T. Missimer
    3 lawyer answers

    Recanting victims aren't new to prosecutors and the fact the your girlfriend recanted generally has little pull with District Attorney's. Its quite common. Judges also know this and a person can be convicted despite a recanting victim. There are circumstances where it is obvious to the trier of fact that the victim is lying for someone he or she cares for. You can only be convicted of a crime two ways-- you plead guilty or no contest to it, or you go to trial and lose. Either way...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Deferred Judgment VS Deferred prosecution agreement (Wisconsin)

    Answered over 1 year ago.

    1. Sean William O'Neill
    2. Scott S. Schlough
    3. Tajara Dommershausen
    3 lawyer answers

    There is a very significant difference. In a deferred prosecution the DA holds the case open while you complete the agreement. If you complete it the case is dismissed. The con to going this way is you remain on bond until the agreement is complete. So any violations of bond is a bail jump. With deferred judgment you plead guilty up front before the judge and the judge holds open entry of conviction pending completion. The pro is you are off bond but the huge con is if you fail the...

    Selected as best answer

  3. My fiance is on a two year probation for a felony and my brother is on a 18 mth probation for a misdemeanor can they live togeth

    Answered almost 2 years ago.

    1. Michael C. Witt
    2. Sean William O'Neill
    3. Karyn T. Missimer
    4. Stephen Walter Sawyer
    5. Charles K. Kenyon Jr.
    5 lawyer answers

    I think this may hinge somewhat on what the two are on probation for. For example, I had a judge remove a probation condition of no contact with a girlfriend, when the girlfriend had nothing to do with what my client was on probation for and he hadn't committed any crime as to her. I think the probation agent needs to give a rational reason why your fiance can't live there. For example, if your brother is on probation for drug related crimes and so is your fiance, then I can see a...

    5 lawyers agreed with this answer

  4. Can I get him out of jail if he had a warrant?

    Answered almost 2 years ago.

    1. Sean William O'Neill
    2. Karyn T. Missimer
    2 lawyer answers

    Court is looking for money not to hold your fiancee. Its a losing proposition for the county to both hold him at $50.00 per day cost and get no money. It depends on the amount of arrearage and the efforts to get it paid, but $800.00 is a good amount and it would be rare if a court would thumb its nose at that and not release him. He would be entitled to a public defender because of the jail issue. His income is zero if he has no ability to work.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Dui second offese released on the bracelet until court. Its been 7 weeks already. I was wondering if they will count it.

    Answered over 2 years ago.

    1. Sean William O'Neill
    2. Michael R. Cohen
    3. Sarah Lynn White
    3 lawyer answers

    I practice in this County and it is correct that this bracelet time while on bond will not count toward credit. The night in jail will count towards the first 48 hours without release that is given with every sentence. I question why you are on EM and blowing on a 2nd. That is a bit unusual. If your second came really soon after that first and the blood test was high that could be an explanation. Nonetheless, if you have been testing clean, I would get into court and request the EM and...

    Selected as best answer

  6. Can a father get custody of a new born if the mom ended up lying about him being the father

    Answered almost 2 years ago.

    1. Sean William O'Neill
    1 lawyer answer

    Your friend would need to file a paternity action and request genetic testing. He would have to put forth in an affidavit what he knows about his relations with her during the conceptive period and what he was told at first. If the test comes back as he being the father, he will have parental rights but "full custody" is not automatic. The lies about him being the father will mean very little. The focus is on the best interest of the child. Your friend should get an experienced divorce/...

    4 lawyers agreed with this answer

  7. How long can a probation officers hold some one on PO hold for not updating address?

    Answered almost 2 years ago.

    1. Michael C. Witt
    2. Sean William O'Neill
    2 lawyer answers

    Its 15 business days excluding weekends so it comes out to somwhere around 20 or 21. Once revocation is started then that goes out the window. It would seem difficult to get supervisor and regional chief to okay the full 15 if all we are talking about is failure to update address. If its already 10, then the agent already received his supervisor's okay for more time. So there might be more to it then failure to update address.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. If a police report reflects incorrect information that makes you quilty, can they use it against you?

    Answered about 2 years ago.

    1. Sean William O'Neill
    2. Charles K. Kenyon Jr.
    3. Stephen Walter Sawyer
    4. Mark Copoulos
    4 lawyer answers

    Testimony is evidence. I think you probably mean lack of physical evidence such as a beer can in his locker. Do you know if the interview was recorded? If this were a criminal offense it would be deadbang winner if the cop failed to record the "confession". But citations are not criminal. However, in cross examining the officer I would ask about that subject. Why not record it? Recordings don't lie. As far as the police report, it is important to note that the report is not evidence...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. My friend was taken into custody at his normal monthly visit to his P.O. this was to be his out processing on probation 7-10-12

    Answered over 2 years ago.

    1. Sean William O'Neill
    1 lawyer answer

    Hold can be up to 20 business days without initiating revocation which is about a month since weekends are not counted. The agent only has authority to hold a week but with permission from superiors, it can be this long. Once revocation has been initiated, DOC can hold 50 days for the proceeding. Fact of the matter is that if your friend has not discharged his probation he is still on it and a violation leaves him exposed to a sentence before the judge for whatever he was convicted of.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. How long can someone be held on a probation hold without an agent taking a statement from them?

    Answered over 3 years ago.

    1. Tajara Dommershausen
    2. Howard M Lewis
    3. Sean William O'Neill
    3 lawyer answers

    He can be held 21 business days without moving to revoke, which is about a month. Then they have 50 days to conduct the hearing. If probation has blown the time limits you can try to get a circuit court judge to release him under a writ of habeus corpus.

    1 lawyer agreed with this answer

    3 people marked this answer as helpful