Legal Question in Criminal Law in Wisconsin

General informational question

I am in a situation where I'm not sure if I should have an attorney or not and I wanted to ask a question. A new friend of mine was house sitting for his friends for 2 weeks about 2 weeks ago. When the home owners came home the wife noticed that some jewelery was missing. I was in the house with him while he was house sitting and 2 other people were in the house while they were away as well. I have an appointment to speak with a detective this Sunday but last Friday I received a call from my friend saying that he was in jail and that I did not need to worry about this anymore. I have heard nothing from the police as to whether I should still come in yet and have left a message to find out what's going on. My ''friend'' then said that he is not allowed to talk to me so I have no idea what's going on with this whole situation. I did not steal anything and don't feel that I would be found guilty of it but it's worrying me that now my ''friend'' is not talking to me about what happened. Is this something I should be concerned with, him not telling me what's going on? I would really like some advice on what I should do in this situation. Thank you for your help. Heather


Asked on 9/23/05, 11:34 am

1 Answer from Attorneys
JAY Nixon nixon law offices

Re: General informational question

It would be a huge mistake for you to think that you are necessarily "out of the woods" just because your friend may have already "taken the fall" for this burglary. Since he may now be talking to the police about you (in the process of trying to get more lenient treatment for himself) you need to get

a lawyer who can investigate the situation and advise you further. My experience with police cases of this sort is that everyone at the scene of a crime tends to get charged, either as a co-conspirator or as a "party to the crime." All that is required in WI to establish criminal liability for a party to a crime is that you "stood ready" to somehow assist the primary perpetrator, whether or not you actually assisted or benefited from the crime. Following a thorough independent investigation, a good attorney can ascertain whether you are more likely to be a "target" in the investigation than a witness, and help make the decision whether or not you should consent to an interview by the Detective. Your attorney can also try to negotiate immunity from prosecution for you in return for full cooperation with the authorities against your friend.

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Answered on 9/27/05, 6:21 pm


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