Can I get my boyfriends case dismissed if I plead the 5th?: My boyfriend was arrested under misdemeanor DV battery and I changed my statement already at the police station. I haven't been served to show up to his court date but he just has a pre trial hearing at the end ofSeptember. I was reading and alot of pages online say that DV cases were dismissed because the victim refused to cooperate or say anything. I'm wondering if it would be more beneficial for me to not say anything at all or testify on his behalf. He has already been bailed out of jail and we have a no contact order as well, we have a baby on the way and they will be here In a little over 2 months. I want to know what my best option is to get this dismissed so our no contact will be dropped and he can be there when his son is born.
Michael’s answer: I would suggest talking to an attorney in your area in Racine that handles DV cases. You want to talk to someone local that knows the DA and Judge there to get the best advice about what to do. I would not do anything until you get some information. Good luck.
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 Wisconsin where I reside. I filed a motion to get a court date, and had my girlfriend serve the paperwork to the party. The restraining order I guess is still in effect until July 19 and I had her served July 11th, I was unaware of the order still being in effect. She is now trying to sabotage my hearing for placement, and is trying to get me on breaking the protective order? It's been 3 1/2 year's since I've seen my daughter and my only intention was to get her served the paperwork. Will charges be likely?
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.
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 court date. However, now I'm hearing that it's mandatory that an interlock be installed in my car. I really want to avoid that!! Inconvenience.
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.