Legal Question in Criminal Law in Wisconsin

my sister has 2 seperate cases- 1st one is 2 counts of retail theft= 9ms for each count- then she has case 2- 3 charges- retail theft ,retail use and drug paraphanlia= 9 ms for the 1st 2 counts and 30days for the last one-

she was on probation and SHE revoked it- it was her choice- now as of 3/9/10 these above sentences start- which she has been incarcerated since 1/7/10- now it shows that these counts for both cases are to be concurrent with each other - and ALSO indicates the cases are concurrent with each other- so from that what amount of time would she be sitting- the judge I assume rules if its concurrent or consecutive ? And was told that now the jail had to calculate all her time already spent in jail and good time ......

When I contacted the jail yesterday - the person explained to me her release date is 8/4/10- because the charges THEY said are consecutive and that for the 1st one's release date was 5/4/10 and then the 2nd date which they are saying is consecutive to the 1st charge release date is 8/4/10- Now from what was told they are figuring it out consecutively, which it should be concurrent= can the jail actually change something that was ruled by a judge ?


Asked on 3/15/10, 1:35 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Your sister needs a lawyer to take the cases back in front of the judge for clarification and/or sentence modification. The judge can overrule any computations of the jail at that hearing. I could not begin to calculate her sentence with seeing all the paperwork as well as her attorney's file notes. She will probably need to hire a new attorney, since trial level representation ends at the time of sentencing; a new fee agreement therefore needs to be negotiated. Good time rules in most WI county jails are one day off of the jail time for �good time� for every five days of good behavior during the sentence. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. However, I may be able to formally represent you if you contact my Racine office and make arrangements to retain me. I also represent clients throughout WI.

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Answered on 3/21/10, 3:42 pm


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