Legal Question in DUI Law in Wisconsin

How do I file motion for dismissal to the judge?

The prosecutor will not hear any motion nor will they meet with me.

The prosecutor wont release the police report. How do I obtain a copy?


Asked on 9/21/09, 1:40 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

You are in dire need of the services of an experienced criminal defense lawyer, which may include a public defender if you cannot afford to hire your own lawyer. Merely filing a motion to dismiss, even if done with all the proper legal formalities, is a waste of everyone's time unless there is a legal and factual basis for the motion. A successful motion would often involve some sort of police misconduct which violated your constitutional rights or other technical law violation by authorities or failure of the prosecutor to allege sufficient facts to convict you. Without such a basis, you would not only waste everyone's time but also risk sanctions such as fines, cost liability or even additional incarceration under the truth in sentencing law for filing frivolous litigation. Additionally, you risk enraging the same judge and DA who will eventually determine your sentence if you are convicted. This is akin to insulting a restaurant employee is subsequently going to prepare your food back in the kitchen; you are apt to provoke them into "adding something" to it; you could therefore end up with more prison time than you would if you had not unnecessarily wasted the judge's time. In terms of the prosecutor not meeting with you. even if you are represented, this generally occurs in the courtroom or in a separate conference room at the courthouse before your case is called. In most counties, prosecutors have so many cases that they have no other time to speak with you or your attorney on minor cases. On major cases, they are usually happy to meet in their office with your attorney or set up teleconferences email conferences with your attorney, but probably not with you alone if you are unrepresented. This is because lawyers are busy just like the prosecutor is busy, and therefore motivated to use time efficiently and less likely to waste their time than you are without a lawyer. Another reason for the prosecutor not speaking with you could be that your attorney is not present if you have one. Lawyers are not permitted to have direct communications with parties who are represented by attorneys unless the attorney is present. My comments here are not intended as legal advice, unless you subsequently retain me and revisit this issue with me. My public comments in this online forum do not create any attorney client relationship with anyone.

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Answered on 9/28/09, 8:47 am


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