Legal Question in Criminal Law in Wisconsin
Spouse crime
If a wife is currently on probation and husband committs a fraudulent crime *not yet charged, can wife be legally revoked with no prior knowledge of husband's affairs?
Asked on 8/28/02, 12:36 pm
1 Answer from Attorneys
John A. Birdsall
Birdsall Law Offices, S.C.
Re: Spouse crime
Usually I would say no. However, a clever prosecutor may be able to fashion a party to a crime theory based on purely circumstantial evidence. Say if she took phone messages for those helping in the fraud or stated falsely that she had no knowledge and others testfied that she did or reasonably must have known. Also, remember that a revocation is a civil proceedings that allows hearsay and needs prove only by a preponderance of the evidence, not beyond a reasonable doubt.
Answered on 8/28/02, 2:05 pm
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