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OWI 1st, PAC .13, criminal damage to property.

Madison, WI |

While at police station awaiting responsible party , I intentionally damaged the intercom system. I am not too worried about the penalties for the owi, but I am worried about the criminal damage. Potential 9 months jail. Any ideas what DA will push for? Probation isn't really an option I'd like to consider as I am considering an out of state move.

I have a long, but old 15yrs ago history.
37 years old.
2 Children, where I have sole custody and placement

Anything I can do before hand to minimize punishment for criminal damage?

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Attorney answers 7


Be prepared to pay the restitution up front.

This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.


I agree with Atty. Witt. Up front restitution can work wonders.

Expect at least two court appearances.

Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.



Thanks to both of your for your answers. I can pay it now, and will let the DA know as soon as possible.

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.


Find out the amount and have a cashier's check or money order when you go to the first pretrial (which will be after your initial appearance).


I agree with the other attorneys' answers. You should also stop admitting to criminal activity on places like this.


Really? You are not worried about the OWI charge...WHY? If this is a first offense, you are facing a driver license revocation; a fine; an alcohol and other drug assessment, and follow up treatment; points; and an ignition interlock device requirement on any vehicles you own (if you have a .15 or above). That is just for a first offense. A second offense or higher is criminal, which means jail time.

With respect to what is going to happen on the criminal damage to property charge, no one here on Avvo may say without being the attorney hired to represent you and a lot more information (i.e., you, your age, education, employment, etc.; facts of the case; criminal history; driving record; the prosecutor; the judge; etc.) And even then, the best an attorney may do is give you an educated guess.

DO NOT post any more details online. Anything posted online may be used against you in court. You are already somewhat identifiable given your description of the criminal damage to property charge. In fact, you admitted to intentionally damaging the property in a public forum. Clear evidence of your guilt....You should consider asking Avvo if you can remove this post.

Upfront restitution (paying for the intercom system) and treatment may help mitigate your case.

Contact local, experienced criminal and OWI defense attorneys directly for more specific advice.

Good luck!

Nicholas C. Zales

Nicholas C. Zales


Excellent answer! You ought to consider hiring Atty. Missimer.


Please hire a qualified criminal defense lawyer to assist you. You need help to mitigate this matter and to investigate possible defenses. Don't delay.


My advice is to meet with an attorney to discuss your options rather than doing it in this amount of detail on this forum. No one will be able to give you a definitive answer about what a likely outcome will be without access to more information about you and the incident. If you can't afford an attorney then you can apply for a public defender for the misdemeanor charge.

Answering this question does not make for an attorney/client relationship. If you are already represented, then you should be speaking with your attorney.


You should contact an attorney sooner rather than later. You have very time sensitive matters regarding your OWI such as whether or not to request a administrative suspension review hearing or refusal hearing. Having this hearing can be crucial to your defense. Also, there needs to be more facts about what happened with the alleged damage to the property. The easiest answer is talk to an attorney sooner rather than later.

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