Legal Question in Criminal Law in Wisconsin
If I got charged with battery misdemeanor but I didn't do it but I have battery on my background but I served time for it will they still charge me with this case even the person told the police I didn't do battery towards them whats going to happen?
1 Answer from Attorneys
Yes. However, I am not quite sure that I fully understand your question, so perhaps you could restate it as three separate complete sentences in order to make it more understandable. Generally speaking, if an offense is on your record, it is to late to claim that you did not do it. Regardless of the truth, the law has made a formal finding that you did it (and were sentenced for it), and your denials now are therefore meaningless. You only get one chance to dispute a charge, and that is before you are convicted, not afterwards. Your old conviction will therefore certainly be considered against you both by the DA when he charges you, and by the court if the jury convictions you of the new one. Recantation of a story told to police by victims are also not usually accepted if the police had a early statement saying you did do. That is because they will assume that you illegally pressured the victim to change the story.
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