Legal Question in Criminal Law in Wisconsin

criminal case

i was arrested for disorderly conduct with a domestic repeater enhancers and a no drink violation that was condition of my probation in wautoma, wisconsin. i read the criminal complaint and was suprised to see the girl i supposedly ''beat up'' put in her statment that she bit me. the police never took a picture of the bite mark when they were called to the scene but took several pictures of marks on her. i had to personally request while i was in jail aproximately 3 days later tht they take a picture of the bite mark before it completely went away. i asked this because in her statement she stated that i bit her while choking her. it is clearly not possible do to the location of the bite. is there anything that i can do about the fact that i had to request they take that picture? if i prove that she didnt bite me while i was choking her will her statement be discredited? what can i do about geting charges pressed on her for biting me?


Asked on 6/19/09, 5:48 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Domestic Disorderly Conduct, Victim Bit Assailant, Preservation of Exculpatory Evidence by Prosecution

You are in urgent need of an experienced criminal lawyer. Self defense, provocation and necessity are available defenses or mitigating factors for criminal charges in some circumstances. For example, in a scenario where one had no chance of retreat or options other than the use of force in order to force the person biting them to release their jaws, the use of force may be legally justifyable and become a valid defense you your criminal case. A good criminal lawyer may also be able to make yardage on the refusal to photograph the bite marks, since they were exculpatory evidence, if you were continuously in custody and unable to get the pictures taken on your own before the marks disappeared. My comments here are not intended as legal advice unless you subsequently retain me.

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Answered on 6/29/09, 10:04 am


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