Legal Question in Criminal Law in Wisconsin

disorderly conduct

This morning I entered a guilty plea,knowing what the D.A. had offered, 1 year probation with a 90 day stayed sentence, I am currently out of work and my only work opportunity is bartending which while on probation will not be able to do. I have 20 days to file an appeal to change my plea, knowing I may end up with the same out come, should I try to do anything or except this sentence?


Asked on 4/27/09, 1:51 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Probation Sentence for Disorderly Conduct, Withdrawal of Guilty Plea, Bartending While on Probation

Not knowing the facts of your case, I could not begin to advise you. I do know, however, that appealing the sentence is probably not a practical thing to do because of the expense involved. Instead, if you were under some sort of misimpression at the time you changed your plea and go back to court very quickly, however, your attorney may be able to move the judge to allow you to withdraw your plea on the grounds that it was not intelligently entered. On the other hand, bartending while on probation may not be totally out of the question, depending upon how bad the probation officer believes your drinking issues to be. You should therefore discuss this issue with your PO right away. Of course, if the judge already set a different condition on your probation, the PO's opinion would not matter. Finally, you really owe it to yourself to consult with a lawyer. I have often been successful in getting disorderly conduct charges reduced to ordinance violations which involved a fine only and no probation, assuming that my client had little or no prior record. My comments are not intended as legal advice for you unless you subsequently retain me and allow me to fully investigate your case. Instead, these remarks are general comments which are provided as a public service in this online forum.

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Answered on 4/27/09, 6:24 pm


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