Legal Question in Criminal Law in Wisconsin

I was charged with disorderly conduct and battery. My lawyer met with the states attorney who agreed not to pursue the matter because the charges are false and none of the witnesses including the recipient of the alleged battery will testify against me. Now, I am told the judge is insisting the matter go to trial. This does not make sense. If the states attorney is not going to bring charges how can the judge change that. Is this right? This is in the state of Wisconsin.

Thank you.


Asked on 12/21/15, 7:31 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

In WI, judges have a duty to rule upon whether or not any plea agreement or dismissal of the criminal case is in the public interest. Witnesses can be compelled to come to court (in handcuffs in necessary) even if they don't want to, and their statements to the police can sometimes be used if do not testify. Discuss all of this with your lawyer and re-evaluate your position, since this is a fairly common event in criminal court. Plea negotiations or a motion to listing all the problems with the government's case might both be in order.

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Answered on 12/22/15, 4:34 am


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