Legal Question in Criminal Law in Wisconsin

If I'm 18 and I had consentual sex with a 15/16 year old girl. Her parents are now threatening to press charges. How long does it take before the police arrests me? And how will I know if the DA decided to move forward on the case or not?


Asked on 9/02/09, 3:00 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Unfortunately, I cannot tell you whether or when or if the police will arrest you unless I represent you, since every WI police department and county makes its own policy decisions in that regard, depending upon the seriousness of the offense, danger to the public, and likelihood of flight to avoid prosecution. Consensual sex with a 15 year old, however, is far more serious that it is with a 16 year old, since it is a class B felony subject to up to 20 years imprisonment. Consensual sex with 16 or 17 year olds, on the other hand, are both class A misdemeanors with a maximum jail term of nine months and a maximum fine of $10,000.00. Neither requires mandatory jail or prison time, but either can force you to register as a sex offender with lifelong impacts up employment and every other aspect of your life including the potential for public posting on various websites. If you are facing either of these, you owe it o yourself to promptly discuss the matter with an experienced criminal lawyer.

Either type of charge may be commenced either with an arrest warrant, a direct arrest by police or with a summons and complaint. A summons and complaint amounts to an "invitation" to come to court voluntarily and is an invitation which you should always accept in order to prove that you are likely to cooperate with the court in the future. This and all forms of cooperation with the court can possibly motivate the judge to set a lower bond amount for you and as well as a lighter sentence if you are convicted.

The DA has up to six years from the time the crime is �solved� in order to decide whether or if you will be charged with any criminal offense, and there is no way to tell for sure whether or not the DA will prosecute until that time has expired. This time period can be extended indefinitely if you leave the state or are otherwise unavailable for prosecution. However, if you retain an experienced criminal lawyer who has a good working relationship with your District Attorney's office, he or she may be able to answer that question for you far sooner, or even convince them not to charge the crime at all in the case of committed relationship and likely marriage to the victim with parental consent. An attorney can also attempt to negotiate a resolution of the charges before they are even issued in some counties. My comments in this online forum are not intended as legal advice to anyone, nor do they create an attorney client relationship between us, unless you subsequently retain me and revisit the issue with me later.

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Answered on 9/08/09, 7:04 am


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