Legal Question in Criminal Law in Wisconsin

party to a crime

My boyfriend is in jail for party to a crime and he was told to sign a paper stating that he would do 5 years of his revacation at the time he didnt know that he was pleading guilty to the new case. How can he get himself out of this with out making matters worse.


Asked on 8/10/07, 10:29 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Party to a Crime Liability, Probation Revocation for New Crimes

Your boyfriend is probably not being totally honest with you, or does not understand what is going on in his own case. Agreeing to a probation revocation for a new crime is not the same as pleading guilty or no contest to the new crime. That would require a separate guilty plea discussion with the judge in open court and on the record. If you have any doubts, you should purchase the case transcript. I would never second guess what his lawyer had in mind in advising him to do this without knowing all the details of the case. Generally speaking, "Party to a Crime" liability for one who is minimally involved in a crime is the same as the jail exposure for the main actors. Anyone who either minimally assists the perpetrators or even "stands ready" to assist is equally guilty under this statute. Minimal involvement, however, can be a factor at the time of sentencing and can result in a lesser sentence, but the "worst case scenario" jail exposure is identical. Parties to a crime can also absolve themselves by reporting the crime in a timely fashion, early enough to prevent it.

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Answered on 8/14/07, 8:24 am


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