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Michael R. Cohen
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Michael Cohen’s Answers

590 total


  • Did I break a restraining order;?

    My question is this- there was a protective order placed against me in Pittsburgh,PA July 2012 based on FALSE allegations to a place I've never been. It is for my daughter and daughters mother,recently I was made aware that she moved back to Wisco...

    Michael’s Answer

    It appears from what you say that you did not violate a court order. Using a valid and required legal process to do something like serve papers is not a crime unless you were doing it without any valid reason. As long as you followed procedures, you should be ok. I cannot believe that the order against you would find that you are in violation.

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  • Is an interlock system automatic in WI with 1st offense OWI .20 bac without question?

    I recently got a first offense OWI in Buffalo Co WI and nothing was said to me about an interlock system. In fact, the officer said I didn't need to go to court. I could simply go to the DMV for my occupational license and pay my fine before the c...

    Michael’s Answer

    Yes, if convicted and BAC is found to be over .15, mandatory IID. Question is whether the BAC can be shown to be over .15 at time of driving. Get a lawyer to help.

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  • My ex wife's bf beat my children and was convicted of doing it. The court stated that if his p.o and the mother of my kids says

    All the detail was in the question

    Michael’s Answer

    Your question is not complete. It cannot be answered without additional information.

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  • Can I plea the fifth

    I got subpoena from a non family member who is going through a custody battle with my step sister for their daughter. Seeming she is my step sister and I don't want to testify against family can I plea the fifth?

    Michael’s Answer

    Generally, you have the right to use the 5th Amendment in any case where you are under oath but only if your testimony will subject you to criminal consequences as a result of the testimony. You do not have to make statements that will get you in trouble criminally. Otherwise you have to testify.

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  • What paper is needed to filed in WI for expungment of a recorded and how is it done can a person do it themselves.

    what paper is needed to filed in WI for expungment of a recorded and how is it done can a person do it themselves. Taylor county WI

    Michael’s Answer

    The previous answer provided the form. What you need to do before you file the application is make sure that you are even eligible. Are you of qualifying age? Is the crime one that is eligible? Was it addressed at the original sentencing?

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  • Greetings, What are the chances of my husband earning early release from a Wisconsin prison based on the following details?

    To recap, he was sentenced for arson with a sizeable amount of restitution and extended supervision coupled with five years initial incarceration. He has been given an AODA need by the AODA board, given a need for alcohol and drug treatment by his...

    Michael’s Answer

    As stated you do not really provide enough information to make an educated assessment. You should consult with an attorney that you hire that can get all the information needed to make a competent assessment for you.

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  • I got caught with small amounts of marijuana, a pipe, and grinder but only got a paraphernalia ticket, will this be on record?

    I got caught in my dorm room, and the I cooperated with the officer and she said if the information checks out my ticket might be dropped.

    Michael’s Answer

    Mr. Witt is correct. If this is in municipal court it will not be on CCAP but will be accessible in other ways potentially.

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  • I was charged with Juvenile retail theft at 15 as a minor, and the case was sealed.

    Any background check does not pick this up because its a sealed juvenile record, however, I moved to another state. The woman who did the hiring for human resources at this company, was married to a state police officer who also worked for the sa...

    Michael’s Answer

    You need to talk with an employment law attorney. You cannot hide your past from those that know how to look for it.

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  • If I have huber and am released 5 days a week, what type of good time do I get? Trying to figure out how long my 6 mo will be

    Kenosha county jail felony

    Michael’s Answer

    Huber release does not have an effect on good time. They are two different things. Huber lets you out of jail for certain purposes during your sentence. Good time takes time off the sentence. In WI for a jail sentence Good Time is 25% of the sentence. So for every 4 days ordered you serve 3 as long as you follow the rules.

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  • Will prosecution offer to dismiss a conviction of city ordinance due to trial de novo with jury?

    Prosecution has offered me a hold open agreement with no conditions other than within a year there should be no other ordinance violation. I did not accept it for some reason, went to trial and lost. I am considering appealing the judge's decision...

    Michael’s Answer

    You have the right to do as you state. While it is possible that you will get the result you seek, remember that you are only dealing with a civil action not a crime and one that does not go on CCAP at this time. Also remember that you will need to pay for your trial in a civil matter. Perhaps the best thing to do is just pay the forfeiture and move on. It may be the least hassle way to go.

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