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Mark P. Maciolek

Mark Maciolek’s Answers

393 total


  • Domestic disorderly conduct and gun rights

    my fiancé was charged with a domestic disorderly conduct back in 2013 and I understand that the law now states that there can be a loss of gun rights but how is one sure if they lost their rights if it was not stated in court nor stated in court p...

    Mark’s Answer

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    The law is unsettled in this area. I have litigated this issue extensively, with mixed results. There is currently no clear answer to your under Wisconsin law.
    There is a strong argument that Wisconsin disorderly conduct can never cause a firearms ban because it does not require any sort of intentional act. See United States v. Castleman.
    I would be happy to discuss this issue more with you, if you would like.

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  • Does diversion agreement in juvenile felony conviction and expungement negate "no firearms" sentencing provision for adult?

    21 years ago, as a 14 year old, i was found guilty of party to armed robbery. I was sentenced through a diversion agreement to serve a year in rehab type facility. I did that time, and completed the terms of my subsequent supervision, and since t...

    Mark’s Answer

    It sounds to me like you were adjudicated delinquent for an act that would have been a felony had you been an adult. A juvenile diversion without an adjudication would not result in a firearm ban. A juvenile felony adjudication triggers the Wisconsin firearm disability at Wis. Stat. s 941.29(1)(bm), which became effective in 1994.
    Federal law does not reach juvenile adjudications. No federal law prohibits you from possessing a firearm. But Wisconsin law does, and probably many other states have similar laws.
    Expunging the juvenile record doesn't help. (You can't find any juvenile cases on CCAP. Juvenile cases are not public.)
    What you need is a judge to make a finding that you are no longer a danger to the community and order that your firearms rights be restored. Wisconsin has a specific provision of law that provides for relief from the juvenile firearm disability. I have helped clients in the past, including one with a juvenile armed robbery, regain their firearm rights.

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  • Civil Right

    Is "Expungement due to case acquittal" considered a civil right of a defendant or is it something discretionary?

    Mark’s Answer

    The laws regarding expungment, meaning destruction of the defendant's court records, will vary from state to state. In Wisconsin, for example, only certain criminal convictions can be expunged. Someone acquitted would not be permitted to expunge their case record. Every state will be different, but most states will likely give judges broad discretion in deciding to expunge a record.

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  • What suits can I file against a person who admits to receiving and selling stolen property which was stolen from me?

    I was the victim of a burglary and lost $20,000 worth of property. The burglar was an addict who traded stolen property for drugs. The burglar was captured, convicted, and is in prison. The meth dealer was arrested too, but not for involvement ...

    Mark’s Answer

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    Sorry this happened to you.
    Wisconsin law provides that you can sue privately for money if you have been the victim of a property crime. The judgement can include punitive damages up to three times the value of the property, and an award of attorney's fees.
    The main issue would be collecting any of the judgement awarded to you. Neither defendant sounds like a person who would have assets from which you could collect. A judgement of a million dollars is worth $0 if the judgment debtor has no assets.
    While you aren't looking for additional prison time, there is nothing you could do privately to affect a prison term. Only the district attorney's office can bring criminal charges which could result in imprisonment.

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  • How long does the DA have to charge u with a misdemeanor theft case?

    I have a friend who was arrested and posted bond the same day. His charge was misdemeanor theft. It was about 2 weeks ago and no charges have been filed. He thinks he is in the clear, but I beg to differ.

    Mark’s Answer

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    The State has three years to file a misdemeanor charge. That's the statute of limitations. Two weeks is nothing in the state court system.
    Maybe he won't be charged, but you can't conclude anything based on a two-week delay.

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  • United States District Court Violation Notice. Possession of a controlled substance by a minor. What to do

    what can be done to keep this off his record. i was told if he just pays the fine it will be on his record and he will not be able to get gov. loans for college.

    Mark’s Answer

    The other answers are right: he needs an experienced federal defense attorney. You might ask why a simple possession offense would be in federal court. Likely, it is because of the federal assimilated crimes law. In a few places, such as military bases and parks connected to them, the federal government has exclusive jurisdiction. Because the federal government does not have a comprehensive criminal code like the states do, federal law adopts local state law in the case of law violations not covered by federal statutes.

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  • Will this clear off my record?

    I was arrested for marijuana possession and drug paraphernalia and I am 17 I turn 18 about 3 weeks after the court date. I was wondering if it would clear my record when I turn 18 and what are other future consequences I would have to deal with. I...

    Mark’s Answer

    At age 17, you are an adult for purposes of receiving citations or being charged with a crime. If you were 16, then you would be charged in juvenile court. Marijuana possession and drug paraphernalia possession are both the sorts of offenses that could be charged as crimes, or as a non-criminal civil ordinance violations. The consequences are different depending on the charge. But both have potential consequences for your future, so you should find a good attorney.

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  • Can i file bankruptcy on criminal restitution that was court ordered as condition of probation

    I believe it would be on the insurance company as they paid out to the victims and my debt is to the insurance company.

    Mark’s Answer

    Bankruptcy will not discharge your obligation to pay court-ordered criminal restitution.
    Was restitution contested at sentencing? Restitution to insurance companies is ordered only when justice requires, whereas it is mandatory for a judge to order restitution be paid to direct victims of a crime.

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  • How would one go about having their record expunged?

    I have a domestic on my file and it is not allowing me to hunt, join the military, or to go to school and get a degree in gunsmithing so I can own my own business restoring old historic guns and to modify or repair guns for the local hunting crowd...

    Mark’s Answer

    The outcome here largely depends on what crime you were convicted of committing. If it was a battery, then you are out of good options. If it was a disorderly conduct charge, then we have a lot to talk about.

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  • I have a disorderly conduct with domestic abuse, no restraining orders, and I was denied to get get my gun back. What can I do?

    I pawned a gun and now I am not able to get it back because I failed the FBI background NCIS check, from a misdemeanor disorderly conduct, domestic abuse. I completed what I was ordered to do and was told this would not effect me because it was no...

    Mark’s Answer

    You should call me about this. I've successfully filed a federal lawsuit to protect a client's ability to purchase a firearm under very similar circumstances. 608-268-5605.

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