Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I have just recently been arrested. Along with some other…

Customer Question
I have just recently been...
I have just recently been arrested. Along with some other citations I was also charged with my 5th OWI charge here in the state of Wisconsin. However I'm noticing some questions that I need some advice on due to the way the citations were written regardless of my past OWI record. And I'm just wondering if somebody could help me out
Submitted: 2 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 29 minutes by:
2/16/2016
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,855
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hello,

Please reply on this question thread and ask your question. How long ago were your OWIs? Were they all in Wisconsin?

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
Over 5 years and yes they were all in Wisconsin
Customer reply replied 2 years ago
I recently got my regular drivers license back last June
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago

Thank,

Were any of yours before 1989? And what's the question you would like to ask?

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
No they were not before 1989. My question is the citations read I do not have to appear in court due to my past experiences with these things I've always had to appear initially to begin the process is it safe to assume that if I just pay the fees regardless of the situation I was charged with these would everything be completed?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago

I'd have to see the citation, but from what I see on Wisconsin OWIs the 5th can be charged as a felony because at this point, there's a lifetime lookback period for you. I can't imagine that you can just pay the fees and complete everything. I don't know what the other offenses you were cited fro are, but the OWI charge is not a traffic infraction. It is a criminal offense and it requires a court appearance.

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago

Can you scan the citations? Edit out your name.

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
Unfortunately I cannot right now. But as I mentioned they do not require a court appearance
Customer reply replied 2 years ago
The other "kick" is iwas not operating a vehicle after time the police appeared
Customer reply replied 2 years ago
Do you have any recommendations or suggestions for me?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago

I don't have enough information from you to know what happened here. How did the police get involved? Why did they arrest you if you weren't driving? what were your other citations for? Were you breathalyzed or did you refuse? Did you have to post bail when you were arrested?

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
I urinated in the Walgreens parking lot. The police were called. I did not refuse anything. I did not have post bail. The other citation is for disorderly conduct
Customer reply replied 2 years ago
I did admit however to not even knowing that I urinated in the parking lot
Customer reply replied 2 years ago
Do you possibly have any suggestions or recommendations after these last two statements
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago

Hang on, I'll be posting shortly.

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago

I'd really love to see the citations. But I'll take you at your word.

The police can charge you with the OWI based on a reasonable belief that the vehicle couldn't have gotten to Walgreen's parking lot unless you drove it there and that you were likely intoxicated when you did. It doesn't make for the world's strongest case against you if neither they nor anyone else ever saw you drive or never saw you behind the wheel. Someone else could have been driving, for example. But I'm not surprised they charged you if the facts and circumstances would give them a reasonable belief you put the car there.

More to follow.

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago

You're working on your 5th OWI, which, like I said, can be indictable. A 5th Wisconsin OWI has a mandatory minimum jail sentence of 6 months. The police cannot just overlook that because the statute does not allow them to just impose a fine if they are going to charge the OWI.

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
I understand. However I'm still questioning why I don't have to appear in court
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago

I think that has to be a mistake. Like i have said, you can't get less than 6 months of jail to resolve a 5th Wisconsin OWI. I can't understand why the ticket essentially would allow you to receive an illegal sentence, and I can't see the citation.

What is the section of the law that was cited on the tickets?

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
Ordinance violated or adopting state statute?
Customer reply replied 2 years ago
I'm sorry but I have to start getting ready for work. Thank you for your time.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago

You can always come back to this later. I would show the tickets to a local lawyer before paying the fine.

You can't have an illegal sentence. So by admitting to it by paying the fine, you could wind up resentenced to 6 months of jail or more. Unless you weren't charged with an OWI.

Ask Your Own Criminal Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,855
31,855 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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.

NormaPensacola, 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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,248 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,181 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

2,016 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,640 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,266 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
I made a bad choice in late November by driving my car after
I made a bad choice in late November by driving my car after I was drinking. I have a clean driving record and a CDL. I am wondering what to expect in court on Jan. 23rd … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,086 satisfied customers
If a criminal case is appealed to the Iowa Appellate Court
If a criminal case is appealed to the Iowa Appellate Court and the docket on-line reads "Screened Court of Appeals, Not Transferred" what does that mean… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I had a misdemeanor (owi) in 1991 in Wisconsin. I wrote the
I had a misdemeanor (owi) in 1991 in Wisconsin. I wrote the state of Wisconsin, Department of Criminal Justice, record division to get a more accurate record as it was 24 years ago. It came back as "n… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,965 satisfied customers
I was charged with a owi, in wisconsin. When my lawyer requested
I was charged with a owi, in wisconsin. When my lawyer requested a copy of the dash cam recording, they sent two dvds that only show part of the arrest. I was wondering if it's my right to get a compl… read more
Nate
Nate
Lawyer
Juris Doctor
1,750 satisfied customers
If i was arrested for a owi, in wisconsin. Do i need a dui
If i was arrested for a owi, in wisconsin. Do i need a dui attorney to defend my case if i believe my bac was above .15? or should i just go to court and pled "no contest?"… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
11 years ago i was pulled over foe my 3rd owi in Wisconsin,
11 years ago i was pulled over foe my 3rd owi in Wisconsin, i never went to court. i moved to Tennessee. Yesterday i receved a letter from the state of Wisconsin. It said they issued a warrant for my … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I was pulled over in Wisc Dells. I didn't trust the officer
I was pulled over in Wisc Dells. I didn't trust the officer and did not blow. I live in Illinois. The Dell wants to drop the OWI charges and speeding because I was able to prove them not having a vali… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
I was recently charged with a crime and fingerprinted. The
I was recently charged with a crime and fingerprinted. The charges were then dropped. I was wondering how this affects my record and getting fingerprinted. Will it appear on my record and if so, what … read more
AttorneyTom
AttorneyTom
Attorney at Law
Juris Doctor, BSBA
1 satisfied customers
I recently got a citation for Operating a motor vehicle after
I recently got a citation for Operating a motor vehicle after my licence has been revoked due to an OWI. I was just wonder if an officer can just look up a plate number before making a traffic stop, b… read more
Legal-Guru
Legal-Guru
Attorney at Law
Juris Doctorate
1,354 satisfied customers
A while ago I recieved an owi. Recently I was pulled over on
A while ago I recieved an owi. Recently I was pulled over on a random license plate check. No traffic violation occured and my vehicle was properly registered but now I am facing a criminal charge. I … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,640 satisfied customers
I Was pulled over for OWI in wisconsin 6 months ago and refused they put me in Jail and i
I Was pulled over for OWI in wisconsin 6 months ago and refused they put me in Jail and i bailed out. they say it is my 5th or 6th offence and are trying to charge me with a class F felony. I am no lo… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
I have a pending conviction in juneau county wisconsin for
I have a pending conviction in juneau county wisconsin for owi 5th or 6th they cannot tell me what # XXXXX it is. i have lost my residency in wisconsin due to forclosure and moved to california with p… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,855 satisfied customers
My husband of 2.5 years just got arrested yesterday with his first OWI in our state (WI).
My husband of 2.5 years just got arrested yesterday with his first OWI in our state (WI). I do not yet know all the details, as he moved out of our home and is staying with relatives. He has had no pr… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Afriend of mine has been charged with his 5th or 6th drunk
Afriend of mine has been charged with his 5th or 6th drunk driving in wisconsin. I would like to point out to the judge that he has been missed with sentencing for alcohol rehab, etc. As I feel this w… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
OWI ticket in Sheboygan County, Wisconsin three weeks ago.
OWI ticket in Sheboygan County, Wisconsin three weeks ago. I'm a Florida resident with Florida License. WI Atty told me to simply not show up for court (Oct 27) and they will fine me and suspend my dr… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,640 satisfied customers
I was charged with a 4th owi. the DA dismissed the case and
I was charged with a 4th owi. the DA dismissed the case and now is recharging me with a felony 5th owi state of Wisconsin. I had already been to my initial appearence. Can they legally do this.… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,855 satisfied customers
Dear Sir, I am a Wisconsin resident who currently is a graduate
Dear Sir, I am a Wisconsin resident who currently is a graduate student in Ohio. On Saturday, February 20, I was arrested and charged with an OVI. This is my first offense. I have retained legal couns… read more
JD
JD
Doctoral Degree
1,328 satisfied customers
21 yr old arrested for DUI in Wisconsin, additional charges
21 yr old arrested for DUI in Wisconsin, additional charges hit and run and running a stop sign. What other reprecussions could there be? First offense.… read more
JD
JD
Doctoral Degree
1,328 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x