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Karyn T. Missimer

Karyn Missimer’s Answers

2,718 total

  • Do I have to pay the ticket?

    I lost my CDL do to an owi... My employer knew and still made me drive vehicles that require a CDL .I got a ticket while working for driving without a CDL. Is this on him or me?

    Karyn’s Answer

    I agree with Attorney Kenyon. Stop driving CDL vehicles while you do not have a license. No one is really forcing you to do it. You are choosing to do, and the more trouble you get in, the less likely it is you will be able to get your CDL back.

    You probably need to hire an attorney who understands the intricacies of CDL law ASAP.

    You may want to consider looking for employment that does not involve a CDL.

    Sorry to be a downer, but that's reality.

    Good luck to you.

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  • Is there a form for Petition for Early Discharge from extended supervision

    can i file a Petition for Early Discharge from extended supervision

    Karyn’s Answer

    I think you are referring to a petition for sentence adjustment. There is a form here:

    Your chances of success, however, are slim to none without an attorney on your side.

    Please note if this is probation, rather than extended supervision, you may not bring a petition for early termination. Due to a Wisconsin Supreme Court case from a few years ago, the only person with the power to terminate probation early is your probation agent.

    If you are serious about obtaining early termination of extended supervision, you should contact local, experienced criminal defense attorneys. And ideally, you should hire one.

    Good luck!

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    Karyn’s Answer

    If he is on a probation hold, there may be other charges pending against him.

    If he entered into a stipulation with the probation agency, then it is likely the court will just approve the stipulation. Although, the court has the authority to reject a stipulation.

    If the probation agent is just recommending the 3 months, then it is up to court to decide whether to accept that recommendation. And if 3 months is not the maxium for the charge, then the court could sentnece him to more time.

    I agree that your question is unclear. You should consult directly with a local, experienced probation revocation attorney. (While my primary practice location is in Rock County, I do not handle probation revocations.)

    Good luck to you and your boyfriend!

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  • Can local police refuse to allow a parent to be present during the questioning of a 17 year old?

    The police asked my son to come down for questioning. They did not tell him why. He told them he had to check with his father (me), and made an appointment if I agreed. We appeared at the proper time, but when the officer tried to take my son to a...

    Karyn’s Answer

    I agree with the first answer. I would add that, for the purpose of criminal charges, 17 year olds are considered to be adults in WI.

    Good luck to you and your son!

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  • Can I get a DUI in Ohio expunged?

    Case is from 8/1996 in Ohio.

    Karyn’s Answer

    You will probably have more success in finding help if you post this question in Ohio, rather than WI.

    Many states do not allow you to expunge OWIs because the penalties generally increase based on the number of prior convictions you have.

    Good luck!

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  • I was in USA for December ' 13 till march ' 14 . i got arrested for passestion 2nd degree forged documents in alabama

    first time in my life i was in this situation and i really didn't know what to do so i came back to india and i was on B-1 visa category but i already have hired criminal lawyer for my case. He doesn't have any idea about how to deal with immigrat...

    Karyn’s Answer

    You may have more success in finding help if you post this in the immigration section, rather than the criminal defense section.

    I took the liberty of changing your post's category.

    Good luck!

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  • Does a person receive sentence credit for days spent in an outpatient mental health treatment program in WI?

    a person was committed to the department of health services in march 2014, and is at home but ordered into the custody of D.H.S. outpatient competency restoration program, does this person receive sentence credit toward his ultimate sentencing of ...

    Karyn’s Answer

    No, unless the prosecutor agrees to it, and the court orders it. Or the defense attorney convinces a court to do it. WI statutes and case law, to my knowledge, are not supportive of giving jail credit for outpatient treatment.

    Credit is more likely for in-patient treatment that does not allow you to check yourself out.

    Good luck!

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  • Marijuana charges in Madison, WI

    I recently got two UWS violations (non-criminal) for possession of a very small amount of marijuana and paraphernalia. This is my first offense for anything. I'm a college student and am worried about losing my financial aid if I end up with a co...

    Karyn’s Answer

    • Selected as best answer

    No one can say what is likely to happen in your case without knowing more information (i.e., you, your age, your criminal history, the facts of the case, the prosecutor, the judge, etc.) that should NOT be posted on this site. Anything posted online may be used against you in court. Even knowing all this information, the best an attorney could do is give you an educated guess, not a guarantee.

    As for pleading, it depends on whether an appearance is mandatory. The tickets should tell you at the top. There is a box for mandatory and a box for non-mandatory. See which one is checked. Each county is different. If it is mandatory, you must appear. If not, you may enter your plea in writing.

    Keep in mind, however, you only have 10 days from the initial appearance date to pay the jury trial fee of $36 to the clerk's office. If you do not pay this fee, you lose (probably forever) the right to a jury trial. Civil charges require you to pay this fee to preserve the jury trial right. Just because you pay this fee does not mean you have to have a trial, but if you don't pay the fee, you can never have one. Better to pay it and keep the threat of a jury trial over the prosecutor's head during negotiations. If there is no potential jury trial, there is not much incentive for a prosecutor to settle.

    When speaking to the prosecutor, do not discuss the facts of the case. Anything you say to a prosecutor may be used against you in court. Just listen to the offer and suggest "good things" you can do: community service, staying out of trouble for a time, etc.

    As for financial aid, go to the FASFA site to see if a conviction will lead to a problem:

    Good luck.

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  • How many crimes can a person have expunged from their record?

    Several misdemeanors and one felony all before the age of 25 and do I need an attorney for this or can I file by myself

    Karyn’s Answer

    You may expunge as many criminal cases as the judge will allow. But realistically, most judges will not expunge if you have more than 1 conviction.

    Just because you were around 25 does not mean all your cases are eligible for expunction. Up to about 2009, only misdemeanors were expungable and only if you were much younger than 25. Thereafter, some felonies became expungable, and you have to be under 25.

    Moreover, it is a lot easier to expunge if the court ordered expunction at sentencing. If the court did not do so, you have even more of an uphill battle.

    You need an attorney well versed in expunction law. You also need to be prepared to pay a reasonable fee for such attorney and understand your likelihood of success may not be very high if you do not meet the legal requirements for expunction.

    For more specific advice, contact local, experienced criminal defense attorneys directly rather than posting on a general Q&A site.

    Good luck.

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  • What's the jail time for a dirty urine sample while on probation?

    One of my friends just had to see his P.O. today and failed the urine test and is going back to jail. I'm just wondering how long he'll have to sit for?

    Karyn’s Answer

    No one may answer that question without knowing the charge(s) to which he pleaded. He may be sentenced to anything up to the maximum for the crimes to which he pleaded.

    On a withheld sentence, unfortunately he will sit there without release until the court gets to him, which could be some time. He will get credit, however, for the time he sits.

    He should contact the local public defender's office if he has not done so already.

    Good luck to you both.

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