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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
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Experience:  Handling criminal and probation matters for over 14 years.
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I was arrested last night in Wisconsin and charged with Battery,

Customer Question

I was arrested last night in Wisconsin and charged with Battery, Disorderly Conduct, and Criminal Damage to Property. They are all non-felony charges. How do I know how many counts of each charge I am facing?

Also, I have no previous criminal record. However, I have been arrested twice before, one was expunged in a different state in 2004, and the other arrest was 9/9/09 for Criminal Damage to Property as well as Disorderly Conduct. The charges from my 9/9/09 arrest were reduced to a County Ordinance Criminal Damage to Property violation. I am employed, was a college student, have apologized to the victim. I'm wondering given my previous record and arrests, and my current charges, what kind of realistic sentencing can I expect to face? Is it probable that I would face jail time for a sentence?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 3 years ago.

JB Umphrey :

Thank you for using JustAnswer!

JB Umphrey :

I am sorry to learn of your circumstances.

JB Umphrey :

Can you clarify if the officers issued a ticket(s) to you?

JB Umphrey :

Have you been arraigned yet by a magistrate or judge?

JB Umphrey :

When is your next court date scheduled?

Expert:  JB Umphrey replied 3 years ago.
I will be happy to attempt to assist you when you're able to reply to the follow-up questions. Thanks!
Customer: replied 3 years ago.
No, there was no ticket issued by an officer to the best of my knowledge. I have not yet been arraigned. My court date is on Jan. 25th, 2010. My case # XXXXX it helps is Case # XXXXX Also, I do not yet have a copy of the police report so I do not fully know all of the circumstances of the case as I had been intoxicated and do not remember all of the details from last night. But the Battery Charge that I am facing is for WI Statute # XXXXX (1). And the Disorderly Conduct charge is for WI Statute 941.01, and the Criminal Damage to Property is for WI Statute 943.01.

Given my previous record, as I mentioned above in my initial question, and my current charges, I am just wondering what to expect most realistically for a sentence... is going to jail a probable sentence? If so, do you know how long it would probably be for? Could it be possible to have a sentence of fines and probation and counseling or treatment for alcohol and a no-drink order instead or something along those lines? Or will I most likely go to jail? I have never been to jail and prior to this as I say, I've had no previous criminal history on my record other than my arrest from 2009 which happened on 9/9/09 and I was charged for Criminal Damage to Property and Disorderly Conduct, and those charges were reduced down to a County Ordinance violation on my record.
Expert:  JB Umphrey replied 3 years ago.
You can go to court a day or two before the scheduled date to ask to review your court file. Only by a review of the court file, or at your arraignment, then you'll learn of the charges that have been authorized against you.

At this juncture, it's not possible to speculate what kind of sentence you'd receive. At this point, there's no way to know all the charges that you're facing, what kind of plea bargain the DA will offer (if any), what you will ultimately plead guilty to, etc. These are each critical factors.

Given your history and the seriousness of the multiple charges you are facing, you should seriously consider hiring a local criminal defense attorney to assist you in going to court, obtaining the police reports for review, and negotiating some type of favorable plea agreement.

Good luck and best wishes for better days ahead. I hope that you find this information to be helpful and this answer to be ACCEPTable!
Customer: replied 3 years ago.
Even though I have not yet been arraigned however, I still have my copy of my arrest form which states the charges on it though... could the charges I would face at my arraignment differ from the ones on my arrest form? I guess I am slightly confused... You had said that at this point it's not possible to speculate on what type of sentence I could receive because at this point there's no way to know all the charges I'm facing. However, aren't all of the charges I am facing listed on my arrest form? The charges are listed on my arrest form along with my court date for Battery, Statute 940.19, Disorderly Conduct, Statute 941.01, and Criminal Damage to Property, Statute 943.01. And if those are the charges, and you know my history, would it be possible to advise of a realistic outcome for a sentence?

I just would like to know what to realistically expect so that I am prepared, and to know if jail time is a probable sentence or not or if I could possibly be sentenced with other things instead. Also, I should clarify that I am 27 years old, and being that my first arrest and charges were expunged in 2004 in a different state, the only other arrest than this was on 9/9/09 and i plead to and was convicted of a county ordinance violation for the damage to the property. I am going to hire a lawyer here locally, thank you for your advice on that matter. I was just hoping you may be able to provide some insight to what a realistic sentence could be given this situation because I may not be able to have an appointment with a lawyer here locally for a while. And I'd like to know sooner rather than later if possible. Any insight you could provide would be greatly appreciated and thanks for taking the time to review this with me.
Expert:  JB Umphrey replied 3 years ago.
Yes, the charges that you face at court could differ from what appears on your form. It's possible that the prosecutor makes a different charging decision from what the police officers arrested on.

Sentencing is a matter of discretion of the judge. Some judges are harsh. Others are soft. Others are in-between. Justice is not "cookie-cutter." Make no mistake, you have found yourself in a very serious set of circumstances. Right now, there are too many "unknown" variables to be able to speculate as to what you may be looking at. All of this is a process and you are at the very beginning of it. I know that you want a certain outcome. However, at this point, no expert or attorney can provide that to you. There are too many unknown variables that simply will play out as you work through the process with your attorney.

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JB Umphrey
JB Umphrey
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Handling criminal and probation matters for over 14 years.