Legal Question in Criminal Law in Wisconsin

if someone has sex with a minor and gets her pregnant and then leaves the state can the minors parents press charges on the man who left the state that got the minor pregnant? Can the find and charge the suspect and arrest him in another state without DNA evidence or anything else? what kind of evidence would be needed to convict and/or arrest?


Asked on 9/05/10, 11:43 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Yes, defendants in felony cases are routinely apprehended out of state and extradited back to WI under the Interstate Compact for Extradition of Fugitives. DNA evidence is not required at this stage of the proceedings, rather only a witness telling the police that the crime occurred (which legally constitutes probable cause to believe that a crime occurred and that the defendant probably committed it, allowing either arrest or extradition. Technically, DNA evidence is not required at any stage of the proceedings, as long as the jury believes that the defendant is guilty beyond any reasonable doubt, the defendant can be convicted and sentenced. as a practical matter, however, once the defendant is apprehend, DNA samples would normally be taken and analyzed if the verbal or physical evidence suggests that they would be useful. If you are this potential defendant, yuo need to seek the advice of an experienced felony attorney as soon as possible. Additionally charges are possible just for fleeing, so there may be benefits in surrendering yourself voluntarily before formal arrest and extradition occur. My comments here are not legal advice, nor do they create an attorney client relationship between us. However, you are welcome to contact my office to discuss retaining me or to set up a free initial consultation at my office in Racine.

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Answered on 9/11/10, 12:19 pm


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