Legal Question in Criminal Law in Wisconsin

If my ex boyfriend is being charged by the state, for assualt and battery upon me, but I didnt press charges, can I speak in his behalf at his status conference, to possibly lower his sentencing?


Asked on 8/01/11, 2:00 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Yes, you could generally request an opportunity to speak at any formal court appearance of your boyfriend in his prosecution for beating you up Most United States Courts, including those in WI, are open to the public by law as well as by constitutional mandate, giving anyone who is interested in a case the right to attend as an observer or provide input. There are a few exceptions such as confidential juvenile and psychiatric commitment matters, occasional court files which are sealed in order to protect trade secrets or confidential informants, or very large and complex litigation where there are so many concerned parties that regulation of who appears becomes necessary. However, if you wish to help him, you are far better off providing your input under the guidance of his lawyer, since you may not understand the system well enough to know the difference between what would help him in court versus what would hurt him. Common sense opinions about what is good or bad sometimes get turned upon their heads in the legal system, meaning that misguided input could have unintended consequences. An experienced criminal lawyer, however, who has handled thousands of similar cases, is apt to have a far better instinct for what should be in your victim impact statement. If he does not have a lawyer and you want to help him, by far the best thing that you can do for him would be to help him get a lawyer. And, the status conference may not be the best time for you to do this, since it is often a very informal negotiating session in which the judge may not even be involved. Instead, you should consider a letter directed to both the judge and the DA, which you should show to your boyfriend�s defense lawyer first. Let him decided, after reading it, if it is better for you to speak or not at the sentencing hearing, which is, which is probably the most important hearing or at some earlier point. He may also be able to use your letter during negotiations to resolve the case. These comments are intended solely for public educational purposes and are not legal advice for you. Instead, you need to consult with your own lawyer before making any decisions on what to do next. Keep in mind that many deadlines in such matters come and go very quickly, so you should not delay in obtaining legal advice which is specifically directed to your particular needs.

Read more
Answered on 8/07/11, 5:25 am


Related Questions & Answers

More Criminal Law questions and answers in Wisconsin