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Michael C. Witt
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Michael Witt’s Answers

3,151 total


  • How can I restore my FOID card after a domestic violence case that took place 19 years ago?

    I was fighting with a friend and the police pulled up and saw me punch her

    Michael’s Answer

    Conviction for a misdemeanor crime of domestic violence results in the permanent loss of the ability to legally possess a firearm under federal law. While the ability to petition for restoration of rights is still contained in federal law, Congress defunded the ability of BATFE to process those applications years ago. Therefore, unless you could get the matter reopened, which is unlikely, or get a pardon, which is currently impossible in WI, you can't possess a firearm.

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  • Can you be charged with a crime or served a summons/warrant if they already let you walk away?

    Hello! So yesterday, i was in a store that i have been a regular costumer to for the past 5 years. I had two police men approach me in the store and ask to talk to me. They said the store had suspected i was stealing from them. I opened up my purs...

    Michael’s Answer

    If new evidence is discovered, you can still be cited or charged, but if you did not do anything, I'm not sure what new evidence you'd expect them to find.

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  • Will a City Ordinance citation show on criminal record?

    Recently applied for State Police and was denied. I got a disorderly conduct ordinance citation in 04/2012 in St. Francis WI (suburb of Milwaukee). Wasn't arrested but was brought to office to pay fee of 300 and was finger printed. Again was not a...

    Michael’s Answer

    As others have already noted, you were arrested. You can check your own background with WI DOJ to see how this incident appears on your record. https://www.doj.state.wi.us/dles/cib/background-check-criminal-history-information

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  • Will I get my license suspended due to 2nd Underage Drinking Offense?

    This past Friday I was in an automobile accident, my friend and I were both drinking. However, I was not driving and wasn't very intoxicated. The officer who reported to the scene breathalyzed me and wrote me a 400$ citation due to the fact that i...

    Michael’s Answer

    You most certainly could lose your license, and if you want to try and avoid that, hire a lawyer, and stop drinking until you are of legal age. Good luck. http://wisconsindot.gov/Documents/safety/education/drunk-drv/owi-youth-penchrt.pdf

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  • Will I get my license suspended due to my 2nd Underage Drinking citation?

    This past Friday I was in an automobile accident, my friend and I were both drinking. However, I was not driving and wasn't very intoxicated. The officer who reported to the scene breathalyzed me and wrote me a 400$ citation due to the fact that i...

    Michael’s Answer

    You most certainly could lose your license, and if you want to try and avoid that, hire a lawyer, and stop drinking until you are of legal age. Good luck. http://wisconsindot.gov/Documents/safety/education/drunk-drv/owi-youth-penchrt.pdf

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  • How long does the police have after an accident to test you or draw blood for a DUI charge

    I was involved in a one vehicle accident where I rolled my truck. I was taken to the hospital via ambulance. After several CT scans some shots and being on a backboard for approximately 4 hrs a police officer asked me to sign a consent form for a ...

    Michael’s Answer

    A test taken more than three hours after the time of driving is neither automatically admissible nor presumed to represent your alcohol level at the time of driving, but the State can still bring an expert to testify as to how it relates to your level of intoxication at the time of driving. You need a lawyer.

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  • Can I be protected from paying for crimes my husband committed during a psychotic episode, and will he be criminally charged?

    My husband's mental health went into a rapid decline over the course of about 4-5 days. He was experiencing paranoid delusions and describing auditory hallucinations, and the belief his thoughts could be read and broadcast. When it became clear he...

    Michael’s Answer

    This is not a criminal defense question. Consult a divorce lawyer.

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  • Wife commited adultry, but has money in 401k...can i get access to some or all of this money?

    We both have our own apartments now...house was sold, money was split, but she has monies in a 401k that i was wondering if and how i can get access to..i have pics of her with another guy and think after 25 yrs of marriage i am due some monies to...

    Michael’s Answer

    Wisconsin is a no fault state when it comes to divorce, but it is also a marital property state. Consult a divorce lawyer.

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  • I was ticketed for a owi in wisconsin but not sure what happens next?

    I was driving down the road hit a curb with front tire, my tire became flat and I signaled to turn into a parking lot being yelled at another driver. I was pulled over in parking lot with my keys on the floor of the car. The police did a sobity te...

    Michael’s Answer

    Your car did not drop out of the sky into that parking lot with the tire flat and your keys on the floor, and there is apparently at least one witness who saw you drive it in there. An unenhanced first offense is not a crime in WI, and you can be called to testify against yourself. Lying under oath would be felony perjury. With an alcohol concentration above .15, you are looking at an ignition interlock order on top of a 6-9 month revocation, a large fine, and AODA assessment as well as driver's safety plan requirements. Consult a lawyer as soon as possible.

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  • I was charged with misdemeanor battery and disorderly conduct. This is my first offense. Should I get an attorney?

    I hit my step son during an argument and was arrested. I posted a signature bond.

    Michael’s Answer

    Yes. Conviction for a misdemeanor crime of domestic violence will result on a prohibition on the possession of firearms for the rest of your life under federal law, just as if you were convicted of a felony. An offense can be considered a domestic crime for this purpose whether or not the state domestic enhancer is charged, even if your step-son no longer resides in your household. Consult a lawyer as soon as possible.

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