Legal Question in Criminal Law in Wisconsin

double jeopardy? and what do I do????

In May of 1995 I bounced a $10.46 check at a truck stop in Oshkosh. In November of that year, I was served papers from the Winnebago County D.A. and was ultimately fined $114.00 on an ordinance violation. I paid it January 11, 1996. I thought this was the end, but I discovered that Winnebago County has an open misdemeanor case on me for the same check, and they have issued an arrest warrant. I have called the D.A.'s office and asked them to explain this to me and take care of it, but they are being painfully slow. Meanwhile, I could get arrested. I plan to send a certified letter once I am certain this is in fact double jeopardy, and so I wonder if you an tell me that and also if I have any recourse, whether I am ultimately arrested or not. The thing is, an open misdemeanor case has been on my record for 5 years, potentially costing me jobs and other opportunities. Not to mention the stress from fear of arrest. I'm afraid to drive, afraid of being a passenger in a car involved in an accident or whatever, because it doesn't matter if it's wrong - if I'm arrested I still have to deal with that disruption etc. I only learned about this because I looked up my records on the Wisconsin Circuit Court Access web site. Thanks.


Asked on 9/19/00, 3:50 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Re: double jeopardy? and what do I do????

You are absolutely right that you would be

arrested on the open warrant if you had any

contact with law enforcement. You therefore

need a lawyer ASAP to get this matter resolved.

The civil liability to the merchant who recieved

the bad check and criminal liability to the

state are totally different cases and double

jeapordy is therefore innapplicable.

Unfortunately, the civil and criminal systems

often do not communicate with one another and

something like this can happen solely due

to someone forgetting to tell the DA the check

has been paid. Even if paid, however, there

are civil punitive damages in the form of actual

reasonable attorney fees for collecting the

check, punitive damages and reimbursement for

the merchant's bank charges. This is all in addition to

criminal penalties. But, a good lawyer who works

routinely in that jurisdiction should be able to

easily resolve this matter if everything you say is true.

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Answered on 10/18/00, 9:03 am


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