i know that the mandatory & of a sentance served varies from state to state. the charge im dealing with is armed robbery. currently d.a. is recommending 5 years. i have heard any where from 50 to 85 % must be served before eligible for parole, ...
There is, of course, no way to give an answer specific to your case, and I would highly recommend contacting an experienced criminal defense attorney in your area to obtain an answer particularized to your case.
That being said, there is some basic information that applies to all felony sentences in Wisconsin. Sentences of longer than one year come under the Truth in Sentencing laws passed in Wisconsin about a decade ago. The impact of the laws was, basically, this. There is no longer parole in Wisconsin. Instead, when someone is sentenced, their sentence is broken into two parts: initial confinement and extended supervision. Initial confinement is time actually spent in prison, while extended supervision is time in the community spent under the supervision of a probation agent.
Generally, when a person is given a particular period of initial confinement, they must serve that entire period of time in prison. There are ways to shorten initial confinement, but whether they are available to an individual defendant depend on the crime charged, the person's criminal record, and a number of other factors. Some people, for example, are eligible for something called the Challenge Incarceration Program (also known as "boot camp"), which is an alcohol and drug treatment program that is centered on a military discipline model. Completion of the program allows the person to change a portion of their initial confinement time into extended supervision.
There are several other ways to change initial confinement time into extended supervision. More than can be recounted with any accuracy in a single post.
You should discuss these options with your attorney as he or she will be in the best position to be able to figure out if you would be likely to qualify for any of them.See question
I was just wondering if anyone has been procuted under wi statute 944.16
Yes. In fact, there was a rather famous case up in Ashland in 1990.
Of course, the reason that case was so famous is that it was one of the few times in recent memory that a District Attorney actually brought charges on adultery. It is virtually never prosecuted.See question
This has been going on for three years.you wake up one day and all the tires are slashed. you go to get into your car and your car window is broke and and all your belonglings are stolen...sitting on my couch and then visiting on my back patio I h...
Hire a good criminal defense attorney immediately. The biggest mistakes that people make in this sort of situation is thinking that they can handle it themselves and thinking they don't need to get an attorney until after charges have been filed. You need to have someone on board who is accustomed to working within the criminal justice system, and the sooner you do it, the better.See question
Obstruction of justice is very broad, it can mean multiple things. It looks very bad on my record. What happened was, I was walked on the street with an open intoxicant (was fined for that) and tried to get out of it right away by saying I was 21....
Any municipal citation can be disputed. The trick is whether you have enough leg to stand on to give you any chance of success. I cannot give you legal advice on your individual case, but I can tell you that giving the police a false name is one of the most common ways that people end up with obstruction charges.
Attorney Strohbehn mentioned the fact that you can talk to the City Attorney yourself, and this is certainly true. That being said, it is often advantageous to have an attorney on board to act as your advocate. Frequently, an attorney can wrangle a better deal out of municipal authorities than a regular citizen can. If it's something that you REALLY need to get off of your record, you may want to consider spending the money necessary to hire a local attorney who handles a lot of ordinance violations.See question
My sons father was found guilty of something he didn't do due to his public defender not doing his job. Now he's waiting for sentencing and wants to appeal it asap.
Attorney Dommershausen is completely correct.
I would add one rule of thumb. If a criminal defendant decides to appeal AFTER sentencing, it is VERY important for him to be sure that his attorney is aware of this decision and to follow up and make sure that the attorney files the necessary paperwork. It is important that attention be given to this quickly because the deadline for filing a notice of intent to file post-conviction relief is 20 days after sentencing.See question
if the police have a warrant to search my home for stolen property and they find drugs,can they charge me for the drugs
I know, this isn't likely the answer you wanted, but the answer to your question really does vary widely from case to case, depending on the scope of the warrant, on where the contraband was, and on ten to twenty other factors.
Unfortunately, there really is no way to give a good and accurate answer to your question without knowing far more about your case, and it would NOT be smart for you to post that much information in a public forum.
Your best bet is to bring a highly qualified criminal defense attorney on board as soon as possible. She will know how to best address the question in your particular case.See question
Will anyone be able to give me a price estimate? This happened a while back and was never taken care of,the person who accused my friend has been in a lot of trouble in this past 4 years i would like to help him since he is a very hard worker and ...
There are too many variables for anyone to be able to answer this question accurately.
The best thing your friend can do (his case, so it would be his lawyer and he would need to do the hiring) is call several criminal defense attorneys in his area, and get a range of quotes. Remember, the most expensive attorneys aren't always the best ones; the inexpensive ones aren't always the worst. Also, your friend should not assume that the folks with the biggest advertisements are the "best."
Ask folks who are in the know (generally court house personnel, probation agents, cops, and the like) who they would hire locally if a family member got in trouble with the law. That should help him figure out who - from the folks whose retainers he can afford - is his best choice.See question
I was convicted of a sexual assalt charge 5/16/08 through a plea agreement and was sentenced 1 year county jail and two years probation. I haven't been able to even look for work because I was either in jail, in a half way house on close supervisi...
It is not uncommon in Wisconsin for terms of probation to be extended when someone cannot pay restitution, fines, or costs in the original term. This does not happen in all cases, however, so you will need to contact a qualified defense attorney in your area to determine exactly how likely it is in your case.See question
If you revoke yourself for probation can they still hold you if your probation time is up, I still have not had a hearing yet
No one can answer your question with complete accuracy and detail without having a lot more information, but there are a couple of general facts about probation in Wisconsin that you will want to be aware of.
First, the placement of a hold tolls the running of a probation term. For all practical intents and purposes, time stops at the day the person was placed on the hold and the time left on probation remains the same.
Second, while probation agents often make promises about what will happen if a person allows his probation to be revoked, it is always a good idea to get a qualified defense attorney on board as soon as possible. Sometimes waiving a probation revocation hearing is a good idea; sometimes it is a bad idea. Your attorney will be able to look at the facts in your case and give you an idea of where the chips fall in your specific case.See question
i was charged with possession of narcotics when 5g of heroin was found in the car i was driving. They only charged me with possession of narcotics at the time. At which point will they or wont they charge me with intent to deliver?
There are too many variables to answer this question accurately. It depends on the county. It depends on the DA assigned to the case. It depends on whether the drugs were separately packaged. It depends on if any paraphernalia was found. It depends on if a scale or other items used in sale were also found.
It depends on about twenty other things I haven't listed.
Frankly, the best way for you to get an accurate answer is to get an attorney on board who can assess your case based on its specific facts.See question