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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102357
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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can one be charged as an felony repeater if the old charge

Resolved Question:

can one be charged as an felony repeater if the old charge was an class h felony and the new charge is an class i and isnt the same type of crime
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Ely replied 7 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



I need to know more about what happened. What kind of crime, and what happened to the H felony - did it get dropped?





Customer: replied 7 years ago.
no i took it as an plea bargain
Expert:  Ely replied 7 years ago.
And you're now being charged for the same act in class i felony?
Customer: replied 7 years ago.
yes
Expert:  Ely replied 7 years ago.
Okay, you have to start answering in more than just one word answers. I need to know about the nature of the crime alleged, please?
Customer: replied 7 years ago.
charged with failer to pay child support in wisconsin class i.And charged with an felony repeater for an class h bail jumping in 05 4years 11 month to date of new charge.
Expert:  Ely replied 7 years ago.
In that case - child support - yes, post facto does not apply, I am sorry, since you "continue" to commit the act by being in arrears.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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Customer: replied 7 years ago.
bail jumping is not child support related
Expert:  Ely replied 7 years ago.
So your h felony was for child support, and your next felony was for bail jumping?
Customer: replied 7 years ago.
yes class i for child support class i for repeater charg class i .old bail jumping class h,it was on traffic offence 4years ago
Expert:  Ely replied 7 years ago.
Okay, sorry, I misunderstood, but then hen they are considered different offenses still, so yes, still valid. :\

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”
















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