Legal Question in Criminal Law in Wisconsin

I was accused of being intoxicated with a firearm, and a disorderly conduct. I was retrevied from officers while attempting to go for a walk outside, they did not inform me who they were, or what I was accused of, I was detained, they held me at gun point, searched me, however, I did not have any firearm on my or near me. I informed them that I was not walking around with a firearm, and that my firearm was locked up, unloaded and incased in the bottom of my closet. I was breathalized and blew a .08, which I observed, and the cop said it outload to the other officers. But later changed it to .09...

I was brought to the jail,informed taht it was a misdemeanor, and repeated it to the jailors. I was left in the hands of the jailors, and the officer issued no citations. It was the jailors who noticed this and issued me a court date so I would not receive a warrent. I also think I should add, that my roommates who made the call, where in there rooms the whold night and could not have seen me walking around with a gun. also, the one officer stated three times that he knew one of my roommates since he was five, and stated his questions in a way that seemed byest. They also took my firearm, and holding it as evidance.

I would assume that it would be a felony (State of Wisconsin. My roommates signed to statments, but yet why was I not charged with a felony? is this because the officers could not prove it and it might get dismised? any other advice would be very helpful. Thank you for your time.


Asked on 12/22/13, 1:58 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Hard to say for sure without seeing your paperwork, but misdemeanor charges would usually result in WI for one who simply possesses a firearm, rather than threatening to use of it, while merely under the influence. This assumes no other issues, such as having past felony conviction or domestic abuse disqualifier, either of which would make possession even while sober a felony. However, if you do not have a bad record and cooperate in solving your drinking and roommate issues, an experienced attorney might be able to spare you a life altering conviction for this type of behavior. You should therefore set up an appointment with one immediately.

Please do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 or email [email protected]) for clarifications, but short of such additional arrangements, I will not be taking any action on your case. See me on the web at www.jayknixonlaw.com, or view over fifteen years of my past answers at http://www.lawguru.com/answers/search/attorney/jknixon, as well as past AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. Answers may contain attorney advertising materials..

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Answered on 12/23/13, 5:45 am


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