Friday, August 22, 2014

I live in Portage county,WI. I've been charged with a Class I felony: Misconduct in public office, a Class H felony: Unauthorized use of ano...

Question

I live in Portage county,WI. I've been charged with a Class I felony: Misconduct in public office, a Class H felony: Unauthorized use of another's personal identification documents, and a Class A misdemeanor: theft. I worked for the county and I was taking gas for personal use, using other employees identification numbers.

This is my first offense, and I'm a student still going to college. Am I likely to go to jail?



Answer

A brief bit of jail on work release should be the least of your worries at this early stage in your career. A felony conviction, on the other hand, will severely reduce the value of any eventual college diploma and may limit you to menial jobs and entry level wages for the rest of your life. If I were representing you, my advice would be to try negotiating a plea agreement avoiding these outcomes. That may not be outside the realm of possibility for a first offense of this nature, assuming that the amount stolen was small and that you paid restitution up front. In return, however, the DA's office might want some other "pound of flesh" from you, such as a short jail sentence. Going along with a short jail sentence in order to escape the lifetime mark of a felony ID theft would be a small price to pay in my opinion, although the final decision always belongs to the client, not the lawyer. You should immediately consult with an experienced criminal lawyer. Please do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 or email [email protected]/* */) for clarifications, but short of such additional arrangements, I will not be taking any action on your case. See me on the web at www.jayknixonlaw.com, or view over fifteen years of my past answers at http://www./answers/search/attorney/jknixon, as well as past AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html. Answers may contain attorney advertising materials.



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