Badger Lawyer's Free Did You Know Facts

Did you know?

– Once a prosecutor files an OWI charge, it’s illegal to dismiss or amend it without permission of the court.

– It’s illegal for a prosecutor to let you make a donation to a charitable organization in exchange for not filing charges.

– You can appear at many criminal proceedings by telephone if there is good cause.

– In a domestic incident, it isn’t the person who started it who gets arrested, it’s the person who is the most significant aggressor.

– When a search warrant is served, the police may detain anyone present to protect themselves and prevent the destruction of evidence, even if the person detained is not detained in the warrant.

– Search warrants are issued by courts under a veil of secrecy.

– The law allows a police officer to stop a person for questioning for a reasonable amount of time and demand the person identify himself, if the officer believes the person has committed or is about to commit a crime. The officer can demand an explanation of the person’s conduct as well.

– The law also allows the police to search you if they suspect you might be carrying a weapon or some other item that could be used to hurt them. Guess how often they think that?

– A person charged with certain sex crimes can be ordered to undergo HIV testing even if he hasn’t been convicted of the crime.

– If a person is arrested for a crime, the judge should only set a cash bond if there is concern the person won’t show up to court, will seriously harm others, or intimidate witnesses.

– When considering whether and how much cash bail to order, the court is to consider: the ability of the arrested person to give bail, the nature, number and gravity of the offenses and the potential penalty the defendant faces, whether the alleged acts were violent in nature, the defendant's prior record of criminal convictions and delinquency adjudications, if any, the character, health, residence and reputation of the defendant, the character and strength of the evidence which has been presented to the judge, whether the defendant is currently on probation, extended supervision or parole, whether the defendant is already on bail or subject to other release conditions in other pending cases, whether the defendant has been bound over for trial after a preliminary examination, whether the defendant has in the past forfeited bail or violated a condition of release or was a fugitive from justice at the time of arrest, and the policy against unnecessary detention of the defendant's pending trial.

– If you are released on bond (including if you post bail), you have to let the clerk of court know within 48 hours if you move.

– Criminal cases are started with the filing of a Complaint. Once the Complaint is filed, proceedings are started with an Initial Appearance by the accused, followed by a Preliminary Hearing if the crime charged is a felony.

– You have a right to substitute the assigned judge in your case once during the case. Time limits and restrictions apply.

– Multiple thefts can be prosecuted in a singe charge. The charge can be proved by evidence of only some of the thefts. After conviction, the state can go back and charge a person again with the same thefts, as long as they weren’t the specific ones used as evidence in the first trial.

– You have a right to a speedy trial: 60 days from initial appearance in misdemeanor cases and 90 days from the date speedy trial is demanded in felony cases. The judge can extend these under certain circumstances. If violated, the law requires the court to release you from jail.

– You have a right to a trial by jury in all criminal cases, although you are allowed to waive that right and let the judge decide the facts instead.

– It is against the law to possess an X-ray machine for the purpose of fitting shoes.

– It is illegal to throw feces at an ambulance driver without his consent.

– A person who commits arson is responsible for triple the amount of damage caused.

– “The state recognizes that it has a duty to encourage high moral standards. Although the state does not regulate the private sexual activity of consenting adults, the state does not condone or encourage any form of sexual conduct outside the institution of marriage. Marriage is the foundation of family and society. Its stability is basic to morality and civilization, and of vital interest to society and this state.”  (Section 944.01)

– It is a misdemeanor to have sex with an animal in public.

– It’s illegal to send an obscene email unless the words "ADULT ADVERTISEMENT" are in the subject line.

– It is illegal to make a bet.

– You might be a vagrant if...

• You don’t seek work and have the physical ability to do so.
• You loiter on the streets or in a place where intoxicating liquors are sold, selling sex.
• You gamble
• You deriver support from begging
• You derive support from fortune telling or are a “similar imposter.”

– Being a vagrant is a Class C misdemeanor.

– It’s illegal to give away dyed chicks.

– You can get life in prison in Wisconsin for these four Class A felonies:

• First Degree Murder
• Partial Birth Abortion
• Treason
• First Degree Sexual Assault of a Child

– You can get up to 60 years for these Class B felonies:

• First Degree Reckless Homicide
• Second Degree Intentional Homicide
• First Degree Sexual Assault
• Taking Hostages
• Kidnapping for Ransom
• First Degree Sexual Assault of a Child (some types)
• Conspiracy to commit any Class A (Life) felony