Legal Question in Criminal Law in Wisconsin
In Wisconsin:
�A woman steals a prescription from her ex-husband's home, refills the prescription w/o permission.
Ex-husband and new wife report theft and refill to police, not yet knowing responsible party, asking that charges be pressed regardless of who it turns out to be.
Charges being pressed are obtain prescription drug with fraud and possess illegally obtained prescription.
Prosecution moving forward after perpetrator fails to complete first time offender program.
Ex-husband and new wife have not been called to testify or participate in trial at all.
At this point, my impression is that state will continue prosecution with or without blessing of ex-husband and new wife.
Am I correct?�
1 Answer from Attorneys
You are probably correct. In most first offender programs the defendant enters a guilty or no contest plea to a charge before he or she enters the program. The court accepts the plea but withholds adjudication. Then if the person fails in first offender program there is no need for a trial. The case goes directly to sentencing.
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