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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27713
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Wisconsin, Kenosha County. The Prosecuting Attorney had had

Customer Question

please!
JA: In what state did this occur?
Customer: Wisconsin, Kenosha County
JA: Have you talked to a lawyer yet?
Customer: Yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: The Prosecuting Attorney had had Chris on-hold for 6 months in County "while they try and prepare evidence" he may be guilty of the Len Bias Law.
Submitted: 1 month ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 month ago.

Hi,

I'm Zoey.

I've reviewed your post. What do you mean by "on hold for 6 months?" Has he been arrested and charged with a homicide? What is your question about this matter?

Customer: replied 1 month ago.
He has been held in Kenosha County lock-up since March. Class H resisting arresting arrest
Expert:  Zoey_ JD replied 1 month ago.

Has bail been set on him? Does he have a lawyer and is he appearing on these charges? What's your question about this matter?

Customer: replied 1 month ago.
Bill is $5000, which I do not have. The lawyer I currently have is only for the current case, not for anything that might be upcoming. I do not understand that. Why cannot he be released upon his own recognizance?
Customer: replied 1 month ago.
My son was arrested in Kenosha County, Wisconsin in March, 2017. He had a warrant for parole violation. No drugs, no weapons, ever. All time spent in County or Prison was related to evasion of his obligations. I retained a Lawyer for him because there was now talk of the Prosecuting Attorney wanting to charge him for Reckless Homicide...a local officer's nephew bought Heroin somewhere and OD'd. They blame my son. No drugs were found in the car or his home. His final date for this parole case has been delayed for months "while they try to gather evidence", such as "a supena for AT&T records". Its been 6 months for a non-felony case. Can I sue the PA?
Expert:  Zoey_ JD replied 1 month ago.

Thanks for the detailed answer. Please be patient while I type a full reply.

Expert:  Zoey_ JD replied 1 month ago.

From what you're telling me he had a parole warrant. That makes him a flight risk in the eyes of the court and is the reason that they would set bail to ensure his appearance sooner than release him on his own recognizance. There also appears to be a parole hold, meaning that even if you were able to make the bail for the resisting, you wouldn't be able to get him out.

The time your son is doing on the parole matter is time he owes to the state for his earlier sentence, and he's getting credit for that time on both cases. Prosecuting attorneys have complete immunity from suit or prosecution when acting in their official capacity. So no, unfortunately, you cannot sue the prosecutor.

Expert:  Zoey_ JD replied 1 month ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.