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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 16724
Experience:  8+ years defending Misdemeanor and Felony cases.
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I just got a mail summons, in menomonie wi, for a case that

Resolved Question:

I just got a mail summons, in menomonie wi, for a case that happen in 1994, need help to try to resolve.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dave Kennett replied 1 year ago.
What type of case is this?
Are you being sued or is this a criminal matter?
Customer: replied 1 year ago.

criminal

Expert:  Dave Kennett replied 1 year ago.
I will opt out and transfer this to our criminal law experts.
Customer: replied 1 year ago.

the big problem is i live in florida

Customer: replied 1 year ago.
Relist: Incomplete answer.
I need an answer for my question, i just got a letter in the mail for a criminal case that happened in menomonie wi, in 1994. I live in FL
Expert:  CrimDefense replied 1 year ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. What are they charging you with, that you need to appear? Is this the first time you are hearing about the charge ?

Customer: replied 1 year ago.

burglary, the date for hearing is 4-15-2013. this is the first time getting notice.

Expert:  CrimDefense replied 1 year ago.
Thank you for the additional information. Wisconsin has a 6 year statute of limitations for the criminal charge of burglary. What that means, is the State has 6 years from the date the alleged crime was committed, to file charges against a defendant. If they do not file charges within that time, they could be barred from prosecuting. With that being said, you certainly want to retain a criminal defense attorney to appear on your behalf, at the 4-15-13 hearing, if you can not appear on your own, to avoid a warrant from being issued. The attorney can look into the situation and make sure that the statute was never tolled and can file a motion to dismiss the case, with prejudice, based upon the statute running. Moreover, in the event that the State has a legal basis to proceed, the evidence and any witnesses may be lost or unavailable. This will certainly hurt their case and they may not want to proceed to trial, once this is discovered. If you retain counsel, they can advise the court of the situation and try to waive your appearance, so you do not need to travel back and forth, until the trial, if it even gets that far.
Customer: replied 1 year ago.

i think that i was charged, but this letter is notice of hearing, do i need to freek out?

Expert:  CrimDefense replied 1 year ago.
On Monday, you should call the clerk of court in the county where the matter is pending and see if they can give you any information regarding it. If there is a hearing, you need to appear. The notice should have provided you with atleast some indication about what it is in regard to and it seems very odd that after almost 20 years, they are first trying to charge you. The State should know better and not proceed, unless they have a good faith basis to do so. For there to be a hearing, there needs to be a charge.
Customer: replied 1 year ago.

i was thinking about that after 20 years i get this, but the letter does say" burglary-building or dwelling". the thing is i have had run ins with the police here in fl, why then dident i hear anything about this then?

Expert:  CrimDefense replied 1 year ago.
If there was no active warrant, the police would have no legal basis to take you into custody.
Customer: replied 1 year ago.

at the top of the letter it says, this case is scheduled for : return on warrent, what does this mean

Expert:  CrimDefense replied 1 year ago.
It would lead me to believe that there has been a warrant issued for your arrest in the past related to this matter, which may have never been served or able to be served, as a result of you living in Florida. The case may have been pending/open for all this time and the Judge is going to want to know from the State exactly what is the status of the case is and efforts to locate you. If you search the case online through the clerk of courts website, you can likely see what it was filed, to determine just how long this has been active for.
Customer: replied 1 year ago.

sorry it took so long to answer, can u recomend someone. what would happen if i did nothing?

Expert:  CrimDefense replied 1 year ago.
If you failed to appear, a warrant would likely be issued for your arrest. The site does now allow us to give you referrals but you can certainly find an attorney and reviews on www.martindale.com or www.lawyers.com Since you are currently in Florida, you certainly want to make them aware of your location and see if they could appear on your behalf and possible waive your appearance, at the present time. They can look into the case for you and tell you exactly what is going on and the best way to resolve this. Hopefully, they can limit the amount of times which you need to travel to resolve this. Please let me know if there is anything else. If not, please remember to rate my help with 3, 4 or 5 faces, so I can get credit for my answer.
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 16724
Experience: 8+ years defending Misdemeanor and Felony cases.
CrimDefense and 2 other Criminal Law Specialists are ready to help you

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