What do we do?: My fiancé has been on probation for theft movable property (misdemeanor) & posession of drug paraphernalia (marijuana pipe) misdemeanor. He’s been paying his probation fees and has been going to all his visits. On October 14, 2017, he was put in jail for a petty retail theft charge. She immediately decided to revoke him without him having any violations or any warnings. Now my health is not going into the right direction and they want to admit me into the hospital. It’s getting worse each week. I haven’t been able to work since November 2016 (bad back). We are going to get evicted if he doesn’t get out and I’ll probably be in hospital care by then. We have three daughters on top of all of this. Every time she’s talked with him it’s usually a threat to lock him up for reasons like her forgetting our number TWICE! We have a house phone and cell phone. She always wants to threaten jail. No AODA or ATR has been offered to him nor any other resources. What can I do? I told her he’s innocent until proven guilty, but she said, “I don’t go by convictions, I go by behavior.” I told explained to her how he was back-doored by the DA to take the misdemeanor. What can I do? Write the governor?
Brian’s answer: In addition to the excellent response you received from the prior response, stop posting details of your fiance's case on a public forum. Given the details that you have included, it would be easy for someone (like his probation agent) to figure out whose case you are discussing. This is not likely to help your fiance's situation. If you want to discuss the details of your fiance's case, call a lawyer directly.
How long can you be in jail on a probation hold without knowing why your there?: My fiance was arrested on Friday while at his probation appointment. When I asked him why he was being placed under arrest the only thing he would tell me is that " he needs to investigate some allegations". He also told me that he was going to see him Friday and that he could be out Monday at the earliest, but when I called a little later to see what time he would be going he said my fiance would have to wait until Monday. Well Monday I shot him a text again to see when he would be going to see him. He told me he would see him sometime that day and that the investigation wouldn't be over until Wed. Or Thursday at the earliest. Well it's Tuesday and his P.O. has still not been to see him let alone tell him why he's there. So my question is... How long can his P.O. keep him there without telling him why? ( He didn't even tell my fiance the reason he gave me)
Brian’s answer: I suspect that you're correct that someone is withholding information from you. The probation officer doesn't have to give you any information. However, I would guess that your fiance knows at least the reason why he has a hold on him and what the probation officer is investigating. He may simply not want to tell you. At least in the counties where I practice, I have never had a client taken into custody on a hold without at least knowing the nature of the probation officer's investigation.
In wisconsin would making out with a minor be considered sexual contact?: I am 18 and my boyfriend is 15. Because of our lack of consent law knowledge I decided it was best not to do anything because obviously I don't want to go to prison. My question is when he is 15 right now would it be illegal to make out, and when he turns 16 what is legal in regards to sexual activity. I really don't want to break up with him, but I'm not willing to risk prison time for him. Thank you for your response :)
Brian’s answer: In addition to what has already been mentioned, you should know that possession of photos of someone under the age of 18 who is engaged is sexually explicit conduct is considered possession of child pornography also a felony with a mandatory minimum prison sentence. Sexually explicit conduct has a rather broad definition, so it is best to avoid taking and/or sending any questionable pics.