Legal Question in Criminal Law in Wisconsin

should someone be charged with contempt of court for getting drunk on their Huber after they have had their Huber away and locked in locked down and held 3 weeks longer in jail then the release date?


Asked on 1/22/12, 7:57 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Of course, any good lawyer could answer this question either way, as is true of any legal question about what "should" or should not happen to somebody; all depending upon whom the lawyer is representing. But while there are arguments favoring both sides, the fact remains that a Huber work release sentence to jail is a court order. That fact means that like all court orders, disobedience can be punished via the tool of contempt of court, which can lead to up to six months of additional jail time, fines and other penalties in WI. This being said, judges often delegate this authority to other agencies such as the Probation and Parole branch of the WI Department of Corrections, who can also revoke the person's probation for getting drunk while on work release. I do not know enough about your sentence structure to speculate what could happen in your case, and am guessing that you were not placed on probation, meaning that the judge decided instead to directly handle your supervision himself, using such tools as contempt. If are serious about challenging the legality of any new contempt proceedings against you for getting drunk on work release, you therefore need to retain an experienced criminal lawyer as soon as possible. My comments in the public web forum are not legal advice, but are instead provided solely for purposes of public education. No attorney client relationship is created because I have responded to your question. However, you are welcome to contact my office in Racine, WI, to make necessary arrangements further explore your legal questions.

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Answered on 1/23/12, 6:09 am


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