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Michael C. Witt
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Michael Witt’s Answers

3,093 total


  • Will my first offense of retail theft show up on a healthcare criminal background check?

    It was the first time that I committed theft and I received an ticket of $300+, got my picture taken, and fingerprinted. The police told me that it will not show up on any background check, but I'm not sure. My ticket shows Municipal Ordinance Des...

    Michael’s Answer

    It depends how thorough the background check is, and what databases the police agency entered the arrest into. Municipal courts don't have jurisdiction to handle misdemeanors. Municipal Court records in WI are not searchable on CCAP like Circuit Court Records. You may wish to check with WI DOJ to see if the arrest shows up in their system. https://www.doj.state.wi.us/dles/cib/background-check-criminal-history-information

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  • How can I be charged if the police had no reason to pull me over?

    I was pulled over for running a stop sign which was actually ran by the car in front of me who was a friend. My car was searched and I received 5 tickets, Paraphernalia, possession of marijuana, open intoxicants, fake ID which they searched my wal...

    Michael’s Answer

    You are charged because you were caught in possession of the contraband items. If these are in fact just tickets, you can also be called to testify against yourself at trial. A challenge to the stop and search would need to be made by motion to suppress in advance of trial. Hire a lawyer.

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  • What is difference between bodily injury and great bodily injury?

    My son was involved in MVC in Wisc, Calumet Cnty. They issued him ticket for $400 and he has to appear in court for failure to yield and bodily injury. Today he was told they are changing ticket to $750 and great bodily injury and his license cou...

    Michael’s Answer

    Traffic code definitions of bodily injury and great bodily injury can differ slightly in WI depending upon the specific underlying offense, which you don't identify. These aren't just tickets, however, they are very likely crimes, and the difference in the severity of the injury can be the difference between a misdemeanor and felony. He needs a lawyer. If he can't afford one he needs to speak to the public defender as soon as possible.

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  • How do i get a no contact order

    A inmate keeps calling my wife mom stop

    Michael’s Answer

    If, in fact, your wife is not the mother of the inmate in question, I fail to see how this is a domestic matter, If these repeated contacts bother her, and serve no legitimate purpose, she may be able to get a harassment injunction.

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  • What can the police charge me with if they don't have my fake ID?

    Today I went to my local store where I usually go to buy beer with my fake ID (I'm 20). I went to the register with my beer and my ID and they questioned my ID. After talks, they handed me my ID and I began to leave the store. As I left I believe ...

    Michael’s Answer

    Your only choices when dealing with the police are silence, or truth. The right to remain silent is just that, and if you choose to talk to the police and tell them anything other than God's honest truth, you are committing the crime of obstructing. You don't have to speak to the police. Politely decline, indicate a desire to have an attorney present before questioning, and if he writes you a ticket, hire a lawyer. However, if he does just write a ticket, they don't need the ID to prosecute it. If you are not charged with a crime, you have no right against self-incrimination, and can be called as a witness against yourself at your trial. If you lie under oath at your trial, you will have committed felony perjury.

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  • Can I sue the military?

    I'm still waiting on my medical report, so I don't have all the information, but here goes: When I was 2 years old, I lived on base (my father was in the military), and I was abducted, violently raped, and threatened for a few hours by a man I d...

    Michael’s Answer

    This is not a criminal defense question; I have changed the category to personal injury to try and get you some more meaningful responses. The answer to this question turns on several unknowns, such as what state this occurred, and how old you are now. You need to check the proper jurisdiction to see if there is an argument that any applicable statute of limitations was tolled because of your young age at the time this occurred. You may wish to contact Attorney Jeff Anderson, who specializes in these types of questions. http://www.andersonadvocates.com/ Good luck.

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  • Does a open case show up on a criminal back ground check for a job?

    I have a job offer for a job at a and b data in milwaukee, WI. The problem is I have a open case that is for felony forgery, will it show up on a criminal back ground check?

    Michael’s Answer

    Anyone can readily locate a pending WI case on CCAP, so it is a safe bet it will show up on a background check. https://wcca.wicourts.gov/index.xsl

    Furthermore, being untruthful about it on a job application is likely to cost you the job even if the pending case does not.

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  • MY FRIEND WAS GIVEN 24 YRS BECAUSE HE HAD A TERRIBLE LAWYER. WHAT CAN I DO HOW TO HELP HIM? WHERE DO I GO FROM HERE?

    I FEEL HE HAVE A TERRIBLE LAWYER WHO DIDN'T DO HIS JOB. HE WOULD HAVE DONE BETTER WITH A PUBLIC DEFENDER. HE IS READY TO REENTER SOCIETY AND BECOME A PERFECT CITIZEN AND BE THE BEST FATHER HEW CAN BE TO ENSURE HIS TWO SON'S WON'T MAKE THE SAME M...

    Michael’s Answer

    If this just occurred, your friend needs to instruct his lawyer to file a Notice of Intent to Pursue Post-Conviction Relief, and he only has 20 days from the sentencing date to get that filed. As already noted, if you wish to hire post-conviction relief counsel for your friend, such work is time-consuming, expensive, and offers no guarantees. The Notice of Intent can designate the public defender as post-conviction counsel if that is what is desired. If the initial deadline has been missed, there will even more work involved.

    However, I can't help but note that you do not appear to assert that your friend is not guilty, only your opinion that his sentence is too harsh. Judges set the punishment in criminal cases, not the lawyers, so absent misuse of discretion by the Judge, sentence modification can be difficult. The legislature sets the range of penalties available to the Judge at sentencing, and if the sentence is within that range, there may not be much to be done about it. That is something to think about the next time one might be tempted to vote for a "law and order" politician.

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  • Can a probation officer deny a person contact with someone who has no criminal record?

    My son is on probation for sexual enticement of a minor through a computer (not sure of the exact terminology). This was a sting operation where they contacted him through a craigslist ad he placed and there was no actual contact with a child. His...

    Michael’s Answer

    Yes. Restrictions on contact with members of the opposite sex are common for sex offenders. It has nothing to do with her record, or lack thereof, and everything to do with his legal status as a convicted sex offender. Unless you believe jail or prison would be good for him, you should discourage him from having anything to do with her without express written permission from his PO..

    Seems everyone is quick to vote for "law and order" politicians, and are then still shocked to find out how harsh the criminal law has become, so you are not alone in this regard. However, unless you want to see your son locked up, you need to encourage him to toe the line. Good luck.

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  • Does my son have a case against the correctional facility for not following procedures.

    My son was not given a written notice of what his violation (s) were before his hearing in the correctional facility. Background info: My son was sentenced for OWI and on the Huber program wearing a scram ankle monitor when he was told to rep...

    Michael’s Answer

    Unfortunately, no. He lost his job when he couldn't go to work because he was serving a jail sentence imposed as a consequence of his conviction. Huber is a privilege, not a right, a privilege he apparently lost after it was determined that he violated the Sheriff's rules. The consequences you describe are likely to be viewed by a court as the collateral consequences of his conviction.

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