Skip to main content
Michael C. Witt
Avvo
Pro

Michael Witt’s Answers

3,158 total


  • Is my due process being violated?

    If I'm charged in a CPS case with neglect wouldn't I have to first be charged with that same charge in a criminal court first? Isn't that a violation of due process somewhere in that?

    Michael’s Answer

    No. All due process generally requires is notice and an opportunity to be heard. You clearly have notice, and if you are potentially subject to criminal charges from the same allegations, you probably want to pass on your opportunity to be heard, at least until you have consulted a criminal defense lawyer.

    See question 
  • How do you get a ticket removed from your record?

    I've heard that you can pay to have a ticket removed from your record and I was wondering how much that costs and what the process is that you have to go through to do that? I have a shoplifting ticket on my record that I paid and was from October...

    Michael’s Answer

    You can not simply pay to have convictions removed from your record. You could pay a lawyer to try and reopen the case, but there are no guarantees, and the older the case gets, the harder it gets.

    See question 
  • How can I get a registered firearm back if it was used as evidence

    I was arrested for not having a ccw permit and did 6 months house arrest for a gun that I had registered they said because it was in a gun carrying case it was concealed

    Michael’s Answer

    By statute, in WI weapons used in the commission of a crime are to be destroyed. If other arrangement weren't made by court order at the conclusion of the case, that may have already occurred.

    See question 
  • Is there any way to by pass the required ignition interlock device from being installed in my vehicle?

    I'm required to have an IID installed in my vehicle but I'm looking to wait it out so not to incur the extra charges. I was told I will no matter what i would have to have it for the 2 years whenever I decide to get my occupational or eve...

    Michael’s Answer

    You can not wait it out. The time period will not begin to run until you get a license issued subject to the restriction. In the meantime, if your name shows up on the registration or title for any vehicles, you risk prosecution for failure to install whether or not you are driving.

    See question 
  • How do I fight wrongful charges of a no-contact/restraining order?

    Harassment when I was texting my children "I love you". Have not seen my children in over a year.

    Michael’s Answer

    For starters, you might want to not confess to the violation online in a public forum like this one. No contact means no contact. See if AVVO can take down this post, and get a lawyer.

    See question 
  • I need to know if I need a lawyer

    I'm on probation nothing in my rules+says I can't drive I was driving with a suspended licence I have paid thoes tickets I was leaving work and hit another vehicle didn't know I did so an officer showed up at my house later to give me tickets one ...

    Michael’s Answer

    If you were driving on a suspended license you have violated the rule of your probation that requires you to not break the law. If you have had contact with law enforcement that you have not reported to your PO, you have violated your the rule of your probation that requires you to report all law enforcement contacts. Consult a lawyer about the specifics of your underlying sentence to get an answer as to what to expect when your PO finds out about these rule violations. Good Luck.

    See question 
  • I received a civil demand letter from Kohl's Corporate Office for $200. What happens if I ignore it?

    I was stopped for alleged retail theft while still inside of Kohl's. The LP person told me the police had already been called; however, he did not know what would happen after that. (Yeah... right.) This was my first offense for anything (includin...

    Michael’s Answer

    If you truly don't have the money, then paying a lawyer to try and reduce the $200 demand isn't going to help. If you had the funds, it would be a question of risk tolerance in the sense that if you don't pay, you'll need to wait & see whether or not they would actually sue over this relatively small amount of money. If they do, the price goes up, but if you don't have the money anyway, I'm not sure what difference that makes.

    See question 
  • Can I sue WI DOC?

    A few months ago, my new agent noticed that 2 out of my 4 probation cases were discharged TWO YEARS ago. Apparently the DOC was not notified when I transferred counties, and neither was I. So, for almost 2 years I was paying restitution on cases ...

    Michael’s Answer

    Besides trying to recover the DOC cut of any restitution payments, and making sure they were properly and timely applied to reduce the judgments and accumulating interest, I'm not sure what you'd sue them for if you would have been paying supervision fees on the remaining cases anyway. Whether or not that is worth pursuing depends on how much money is involved.

    See question 
  • Can a minor child be served with a summons when a parent isn't home in Wisconsin?

    My daughter, who just turned 13, was served court documents pertaining to a lawsuit against me while I wasn't home. The company/lawyer is in MN and I live in WI. I am wondering if this considered proper/legal service? I did find under WI l...

    Michael’s Answer

    It appears to be improper service, but there will be no way for the court to know that unless you or a lawyer on your behalf raises the issue. Since it is essentially an objection to the court's jurisdiction over your person, any appearance made to contest it, whether in person or in writing, needs to be subject to continuing objection to that jurisdiction, or what is sometimes referred to as a special appearance. Hiring a lawyer to deal with this now will take fewer billable hours than hiring a lawyer to try and reopen a default judgment entered against you if you fail to respond.

    See question 
  • What should I do about getting hit and not being insured?

    The other driver was at fault, but I still have damage to my vehicle and need to get a rental. I'm not sure what the proper steps I need to take are..?

    Michael’s Answer

    As already noted, you'll need to get the accident report, and make a claim with the other driver's insurance company. In the meantime, since you chose to run without full coverage of your own, your expenses will be out of pocket.

    See question