How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88656
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

can you be convicted of a crime as theft misdemeanor and still

Resolved Question:

can you be convicted of a crime as theft misdemeanor and still get a deferred prosecution agreement?

does a person have to go though a attorney to get a deferred prosecution agreement.

what does expungment hide your recorded form all back ground checks from employers?

how likely is to get deferred prosecution agreement in the state of Wisconsin and expungment?


how easy is it for a state to amend a charge against you?

so if I was t ask the DA if I could get deferred prosecution agreement and a expungment would that be okay without my attorney present just by writing a letter to the DA office?



why is deferred prosecution agreement better than expungment?



so with either expungment are deferred prosecution agreement you can get some information removed from the finger print removal system even with deferred prosecution agreement were the case is dismissed and with expungment were it destroys your recorded?


does expungment destroy your recorded as if it never happened are does it hid it form most places?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

1) To qualify for a deferred prosecution (first offenders program) in WI, you must meet the following criteria:

  1. Accepts meaningful responsibility for offense behavior to which guilty plea has been entered.
  2. Not on supervision or under deferred agreement elsewhere.
  3. No pending or open matters filed or under review.
  4. Voluntary participation.
  5. Have no prior convictions for less than 5 years prior to referring offense (except delinquency, adjudications, low level non-assaultive misdemeanors, or OWI 1 & 2).
  6. No prior probation or DPU participation for less than 5 years prior to referring offense (except juvenile supervision & informal probation / conditional discharge out of state probation terms).
  7. No repeat domestic violence or family violence offenses.
  8. No similar conduct.
  9. No prior DPU clients who were returned to court for failure to comply
  10. Director reviews juvenile history to assess risk.
  11. Director maintains ability to make exceptions when compelling circumstances exist.

Thus, if your theft case was more than 5 years ago you could qualify for the deferred prosecution.

 

2) A person charged with a criminal offense generally will be required to use an attorney to negotiate any type of meaningful plea agreement with the prosecution. This is because prosecutors generally will not speak directly with defendants because they are afraid that they will violate the defendant's fifth amendment rights as anything you say to the prosecutor can be used against you. Also, prosecutors do not have to give defendants any deals, so the best deals are usually obtained by attorneys who frequent the court and have good professional relationships with the prosecutors.

 

3) An expungement hides your record from the general public, including employers. It does not hide your record from law enforcement or state or federal licensing agencies and they will still be able to see the record and that it was expunged.

 

4) The WI prosecutors are not very liberal with these plea agreements or expungements either. It is situational of course, meaning it depends on the actual charges you have against you, the evidence the prosecutor has and your attorney's relationship with the prosecutor.

 

5) Again, like the plea agreement, getting the state to amend charges is not easy. It depends on the evidence against you and how able your attorney is to negotiate with the prosecutor. It is rare a defendant without a prosecutor will get a prosecutor to reduce charges unless their evidence on the original charge is weak.

 

6) You cannot contact the DA without your attorney. Once you have an attorney the DA cannot legally speak to you under the 6th Amendment and the rules of professional conduct which prohibit the DA from speaking to a represented party. Furthermore, very few DAs will engage in any meaningful negotiation with the defendant directly because, as I said above, they do not want to violate your 5th Amendment rights in that anything you tell them can be used against you and also because of your 6th Amendment right to representation. Prosecutors are very, very cautious about talking to defendants directly and do so very rarely.

 

7) Deferred prosecution is better than expungement because when you complete the deferred prosecution the disposition of the offense against you would be listed as a dismissed charge and not a conviction. Typically the deferred prosecution is done and then the defendant applies for an expungement of the dismissed charge, so they work together.

 

8) With an expungement you can get all of your records removed including fingerprints with order of the court. Again, law enforcement still can have access to your record with expungement, but the court can order your fingerprints expunged too by special request of the court.

 

9) Expungement removes your record from view of everyone but the courts and law enforcement and some government licensing agencies, but it is for all others hidden from view.

 

 


I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

 

Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88656
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 3 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.