Legal Question in Criminal Law in Wisconsin

Right to waiver into adult court

My friend was 17 yrs. old (one month before his 18th birthday) when the sexual assault 948.948.02(1) and 948.02(2)charges had "taken place." He was tried and sentenced to 8 yrs. in prison in 1994, in Wisconsin. He was NEVER waived into adult court. Isn't this against his rights and is it appealable or enough for a sentence modification? If so, what actions should he follow? Thank you.


Asked on 7/09/99, 7:55 pm

1 Answer from Attorneys

Susan Freiman The Legal Clinic

Re: Right to waiver into adult court

Whether a defendant is to be treated as a minor or adult usually depends on the age of the defendant at the time of trial, not at the time of the offense.

The purpose of the distinction has to do with sentencing more than with absolution from guilt/responsibility.

There are, of course, many cases in which a minor will still be treated as an adult, depending on such factors asthe nature of the crime. You should speak to a local lawyer, to learn what the law is in your jurisdiction.

Didn't your friend have a lawyer representing him at the time of the trial and sentencing? If so, speak to that lawyer - although the lawyer will need permission from your friend. You could also seek help from the local Public Defender office.

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Answered on 7/24/99, 10:27 pm


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