Legal Question in Criminal Law in Wisconsin

on June 19th 2009 approximately 12:00pm I was arrested on 3 counts of sexual intercourse with a child 16 or older. how ever computers and numerous items which can and cannot be recorded on were confiscated because of this ordeal the initial search and seizure was based upon an alleged crime of sexual assault. However the warrant was sworn and dated on the 20th of June 2009 when the officers came in and handed me the warrant he asked me into the kitchen to ask me some questions, I then stated that i think i need to have a lawyer present, then he continued to try to get me to talk and i said once again i believe i need to have a lawyer present, he then clearly stated that if i were to talk and that he needed to know if the sexual contact was consensual or not then we would be only have to go downtown and i then would be released and free to go so i took that as some kind of hint that if i did not say anything i would be taken down to the jail and that i would have a lengthy stay in the jail then when he stated that the warrant reserved him the right to confiscate my computers and all recording device and anything that could be recorded on "which included my roommate's computer I stated shouldn't my roommate be here if you are taken her computer" and he stated matter of factly no she does not need to be here. so then i when i wanted to see what all they were taking the officer posing questions and inquires stated that i needed to stay in the kitchen and continued to ask me questions about what had happened after knowing i wanted to have a lawyer present before answering any questions, I then ended up being placed under arrest for the above charges and taken down town where there of I was then taken into a room and then read my Miranda warning. and then picture taken and finger printed and given a date of court of July 20th 2009. I went to court and looked for my name to find out which court room i was to be in and my name did not appear on the wall but then asked the entry officer how i would find out and then he said for me to go to the clerk of courts and when i did and gave my information i was told that i was to go to the DA's office and they would explain everything to me when i got there and stated who i was and my intentions of being there they told me they did not know if they were going to charge me or not and that they would contact me of anything that was going on I am confused as to what i am to do and since i am in school i need my computers and other items they have confiscated.


Asked on 9/13/09, 5:04 am

1 Answer from Attorneys
JAY Nixon nixon law offices

You need to retain an experience criminal lawyer as soon as possible, or check with the WI State Public Defender's office if you cannot afford one. If the judge believes the facts as you have related them, there is a good chance that your statements will be suppressed if your attorney properly requests that. However, if there is other evidence against you, such as testimony by your 16 year old girlfriend, you could still be convicted without the statement. Seizures of excessive amounts of "evidence" beyond what is really needed to prove the crime is a common practice in WI and is often used as a means of harassing a defendant into pleading guilty quickly in order to get his items back. This does not relate only to computers; it can even include expensive items such as cars in which drugs have been found, etc. Again, the only way to protect yourself is to have a good advocate on your side. i.e., a defense attorney. The DA's job is not to represent you, explain things to you, or to assist you in any way. Instead, their goal is to seek the most severe legal penalties which are reasonably available to the system under the circumstances of your alleged conduct. Your defense attorney, on the other hand, is dedicated solely to your best interest and desires in terms of how your case is handled. My comments here are not intended as legal advice, unless you subsequently retain me and revisit this issue with me. These public comments in this online forum do not create any attorney client relationship with anyone.

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Answered on 9/20/09, 9:51 am


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