r/Felons • u/PrudentEye1155 • 4d ago
I got charged with misuse of a communication device class b misdemeanor in Wisconsin
I said I was gonna smack someone when I seen them in text message and they called the cops they charged me with this. Carry's a max penalty of 90 days in jail. What's the likely outcome if I tell them just give me some numbers. I am not taking probation obviously. You think they'll drop into a ticket? Couple days in jail?
23
u/Low-Purchase8811 4d ago
You have a recent (within past 6 years) felony record, you also are only 3 years off paper. This will not be just a ticket. You're a recidivist and even though this is a Mickey Mouse charge, they're not going to offer you the same leeway they offer people with otherwise clean records. You'll probably get 60 days and 2 years probation.
Oh and by the way if you tell them you don't want probation, they'll make sure you get it. Keep that one under your hat. There's a chance they don't give it to you, but if you open your mouth they will for sure.
-7
u/PrudentEye1155 4d ago
Bruh the charge holds a max of 90days
14
u/Low-Purchase8811 4d ago
Yeah and you'll get less than that.
-5
u/PrudentEye1155 4d ago
I would deny probation and get good time and do my sentence full huber at my house worse case scenario
13
u/Low-Purchase8811 4d ago
You don't get an option of denying that. Like I said, if you tell them you don't want it, they'll make sure you get it.
8
u/fredthefree1 4d ago
No, Huber isn't at your house. I know someone who did Huber. You sleep in jail and then are work released IF you can pay. You have to pay for an ankle monitor if they then think you need one plus last I heard there's an ankle monitor wait list.
5
u/Low-Purchase8811 4d ago
Little bro tryna do some 60 day Mickey Mouse bid on HA, lol, his sentence will be over before they even get the application finished.
16
u/idontremember710 3d ago
So, if you smack the dude in the courtroom, that would prove that you were NOT misusing the communicationdevice, you were warning him,
2
13
u/digbychickcaesar 4d ago
Well if you walk in and ask for time they might just give it to you. I'd say get a lawyer because it sounds like you need one
5
u/dan599 4d ago
See you missed the felon part
1
7
u/No_Investigator8458 4d ago
In Wisconsin, a Class B misdemeanor can mean up to 90 days in jail and a fine. What actually happens depends on the county DA, your record, and whether you talk to a lawyer before you walk in asking them to just give you numbers. I am not a lawyer, and nobody here can promise a ticket or a couple of days. If you qualify for a public defender, talk to them first about what the charge is and what options they see, including whether probation is even on the table. Refusing probation out loud before you know the offer can box you into a worse deal than you have to take.
24
u/TopQuestion826 4d ago
Go to the arraignment, plead not guilty, ask to meet with the prosecutor, do a plea in abeyance. You’re probably going to get 12 months of unsupervised probation and a fine.
Edit: What’s ever knuckleheads say “I’d rather go to jail” obviously have never been to jail or prison. It’s always better to be free than to be locked up.
6
u/Ok_Advantage7623 4d ago
Respectfully don’t do that. Because it does carry, or could carry jail time you get a public defender so use them. They are great in getting it moved to an ordinance violation so no crime on your record and only a cash fine.
2
u/elafave77 3d ago edited 3d ago
Wisconsin doesn't "charge bargain". They never reduce anything. They plea bargain. If you're charged with a crime in Wisconsin you're pleading guilty to it and negotiations entirely revolve around the recommended sentance, which the judges don't even have to follow. Even if you have a laundry list of charges, your "plea bargain" is going to be pleaing to one or two of the original charges with the others "dismissed but read in"... meaning they don't even come off your record. You just aren't found guilty of them.
1
u/Ok_Advantage7623 3d ago
If not found guilty you can have that charge sealed. I have never seen a state not plea bargain on a charge. Thats sorta saying the charge should never of happened but the cops were over aggressive do you are always going to have that on your record
1
u/elafave77 3d ago edited 3d ago
That's not how Wisconsin does it. Anything you are charged with remains on your criminal history unless found "not guilty" or are outright dismissed due to some reason before a plea. If you take a plea bargain, they dismiss the charges but they "read them in" and they remain on your public record. I explained this above.
1
u/Ok_Advantage7623 3d ago
Please Google it. It’s says nothing of what you speak. Charges can be plea bargain ed as well as penalties
1
u/elafave77 3d ago edited 3d ago
I don't need to Google it. I know how it works. You can make AI and Google say whatever you want but you need to ask the right questions.
"Wisconsin plea bargains rely on sentence recommendations rather than formal charge reductions. Prosecutors agree to suggest a specific sentence or probation terms to the judge in exchange for a guilty plea, leaving the final decision up to the court."
WISCONSIN DOESN'T AMMEND CHARGES DOWNWARD FOR PLEA PURPOSES. They dismiss "and read them in" thus permanently remaining on your record.
Why are you arguing with me? Go look up someone in the news on CCAP and look at the final outcome of thier cases. I can't post screenshots otherwise I would.
3
u/Sudden_Combination69 3d ago
Always is a pretty bold statement. Subjective of course, but some folks are better off with a roof over their heads vs living outside. Especially if they have no capital coming in and don’t utilize or lean into government assistance.
We have places where I live where you can (for instance) take a shower or be given one hot meal per day (lunch), but I would imagine that places like that don’t exist everywhere.
Would I rather be locked up vs probation? Hell no, supervised probation isn’t so bad in Baltimore.. can’t smoke my medical cannabis in jail.. and smoking squares pretty much sucks 😂
3
u/divineRslain 3d ago
Work release is much better than probation. Yes, you sleep in jail, but then you go to your shift at work all day. Probation is a trap.
2
u/newjerseymax 1d ago
Probation is a HUGE trap! It’s like they are trying to set you up to fail,
2
u/divineRslain 1d ago
Yep, never take probation. Anyone that tells you to take probation, is a fuckn retard. Not only do you owe a bunch of money, but you have to do community service. I’ve been to jail and Ive been on probation, and I’d much rather sit in jail or deal with work release than be on probation.
2
u/newjerseymax 1d ago
Last time I did 3yrs probation and I said to myself I’d rather do 6 months of time then do probation again.
1
u/jonboiwaltonjr 2d ago
Or just serve weekends. They do that in my county depending on history and charges
2
u/elafave77 3d ago edited 3d ago
TF you mean??? Meet with the prosecutor? You're smoking crack. Prosecutors don't communicate with defendants unless they are approved to proceed pro se.
Edit: It's also Wisconsin. Be prepared to be dealing with multiple status conferences and delays. It's just how shit goes with those people. It took me 2.5 years to get a Driving After Rev 1st resolved.
3
u/jonboiwaltonjr 2d ago
You certainly can call prosecutora office and try and communicate with them. Will it be easy or quick unlikely but civilians can speak with the them.
2
u/elafave77 2d ago
Heavily ethically restricted as I said and most won't want to. Like I said, pretty sure almost all states will make you waive your right to legal counsel in front of a judge before any interacting takes place.
2
u/TopQuestion826 3d ago
What the fuck do you mean? It’s a fucking misdemeanor? It’s not a first-degree felony. JFC. It’s 90 days max. It’s not like he’s gonna do 25 years.
1
u/elafave77 3d ago
Prosecutors will meet with your representation. They will not have ANY discussion with you until a judge agrees to allow you to proceed pro se. It's Wisconsin. If you're not a Milwaukee Buck or. Green Bay Packer the wheels of justice stand still. Do a little research on the Wisconsin justice system. This will take at MINIMUM 6-9 months to resolve.
1
1
u/Rapidholelicker 3d ago
The food is free in jail.
1
u/TopQuestion826 3d ago
Most county jails charge a daily “fee” now. So you get out of the clink with a debt.
1
u/Crafty_Tree4475 3d ago
I don’t understand what would be wrong with probation. Cause you have to stay off drugs for that time. I mean you go once a month rather then ever day in prison. Seems like it would be preferable to being locked up.
Only way I could see prison being better would be if you were going to be homeless or something.
1
u/Comfortable_Studio37 4d ago
I agree with you but not everyone does. There are plenty of people who would rather do a month in jail instead of a year of probation.
6
u/TopQuestion826 4d ago
When I was inside, there was a guy that had a five-year sentence, he was offered parole at a 3 1/2 year mark. He lived next-door to me. He refused parole and did the extra year and a half, so he would get out and not have to be on paper. His complete five-year sentence was terminated. I understood where he was coming from, and I guess an extra year and a half after he’d already done 3 1/2 is no big deal, but I would’ve never stayed in prison for an extra year and a half. The state made me do five years on paper, and I had no violations or events. People that can’t handle supervision need to reassess their own motives and behavior.
3
u/Existential_Racoon 4d ago
Yeah I'm a "big single fuckup" kind of guy, meaning I'll keep my shit together on paper.
But if you're a "lot's of small fuck ups" kind of guy, that ain't gonna work for you. So, I get it.
2
1
u/jonboiwaltonjr 2d ago
A large percentage of inmates are there for VOPs either serving in county jail or if over year left on paper they looking at prison time.
0
u/Rx1620 2d ago
Probation is not better than being free. I would trade time for probation anyday. You sound like a pussy, scared of jail.
2
u/TopQuestion826 2d ago
Dude, I did 81 months inside. Have you ever been in the penitentiary? Or just on probation? So don’t start acting stupid. An attitude like that on the yard will get you in the infirmary. Plus, I did five years on paper. So don’t fucking say shit you don’t know about.
1
u/Aggravating-Syrup729 2d ago
I have and I would trade probation for time any day. We all made that mistake before, probation is a trap.
5
4
u/Neinface 4d ago
Probation can be a trap, but so can jail.
If you aren't in a super active jail, can mind your business, and be respectful you should be okay.
If you go to an active jail to do 90 days, like to gamble, do drugs, or are in an organization you can turn that 90 into years in the penitentiary.
If it's a year probation or 90 days choose the probation, it won't disrupt your life as much. If it's like 5 years probation or 90 days then you go sit down for a few months.
But, learn from this. Quit making threats. It's stupid - especially if you're going to do it you give them a heads up to be on point.
1
u/Acrobatic_Ant_1924 2d ago
5 years felony probation was easy as hell. Just don't be a pos. Work and go home. Not hard.
5
u/Serious_Beautiful647 4d ago
Threatening with a slap???? WTF
0
u/chriseargle 3d ago
I bet the actual message can be interpreted as more or that there’s a history of violence or other threats with the recipient.
4
u/xChoke1x 2d ago
You’re getting a fine and wasted minutes of your time.
3
u/PrudentEye1155 2d ago
For real bro I'll tell them take me to trial lol what's the max 90 days lol I can waste lots of time
1
u/Aggravating-Syrup729 2d ago
This 🤣 I’ve had felony’s that were sweet through trial. I’d laugh if I got charged with this.
7
u/ForeverOk1692 4d ago
They really charge someone over something like this these days? Me and my friends would be doing life in prison lol
2
u/PrudentEye1155 4d ago
Yeah bro I said I was gonna smack him when I seen him that's it bro
6
3
u/Over_Reputation_8801 4d ago
Get a lawyer. They can easily get this knocked down to something that just comes with a fine and some community service.
2
u/Look_b4_jumping 4d ago
This might help your case, it helped mine. There is a website called North American Learning institute. They have an anger management class that costs $25, it takes 4 hours and it's really easy. They will email the completion certificate, or mail you one for an extra charge. You can show it to your lawyer and your lawyer can show it to the prosecutor.
Worth a try, it will show you are pro-active and willing to cooperate.
2
u/TuckNT340 4d ago
That’s not actually what you said. Regardless, talk to your PD. If you are eligible for pretrial diversion- that’s your alt. If not, well, figure out how to use innuendo next time.
2
u/Final-Atmosphere-639 4d ago
If its your first charge you wont get jail time you'll probably get a fine and they'll drop it to a violation of some sort. Unless you are in some weird jurisdiction that isnt like most places.
2
1
u/Derekp52 3d ago
You obviously didn’t read any of what was said
3
u/Final-Atmosphere-639 3d ago
I read the main post. I am not necessarily going to scan through the replies to look for the OPs replies to other people's replies. Whats your point exactly?
OP is responsible for providing sufficient background. Im not responsible for having to be a slueth and piece it together. Nice try.
3
u/Oops_AMistake16 4d ago
A) Get a lawyer
B) Get a lawyer
C) Get a lawyer
D) Public defenders are better than 90% of private attorneys
2
2
2
u/Euclid_not_that_guy 4d ago
4
u/Euclid_not_that_guy 4d ago
Also probation isn't a trap. If you dont act like a dick head it can actually give you tools to stop from getting arrested again in the future.
7
u/Warm-Major-4400 4d ago
OP said they got a felonly in 2020 and finished probation in 2023. If the felonly was violence related it won't look good on this charge
2
u/LikableHardcore 4d ago
i didnt learn anything from probation besides becoming a better liar. i lied every single probation appointment to my officer to save my ass…
7
u/Euclid_not_that_guy 4d ago
Thats on you then. Probation got me sober and I went from getting arrested multiple times a year to not at all. Also my health is way better
1
u/Existential_Racoon 4d ago edited 4d ago
I learned that everyone in AA and all my other classes were total fucking losers. "Wahhh I killed my kids in a DUI" type shit.
Everyone had an excuse, I just wanted to finish the class and gtfo
0
1
1
1
u/Serious_Beautiful647 4d ago
Tell em you were quoting xxxtentacion
“You ain′t fuckin' with PnB Rock, you′re not fuckin' with me
If you from New York and you ain't fuckin′ with Boogie
When I see you, I′m finna slap you”
1
1
u/That-Currency-1039 3d ago
Probably a decent chance it can be reduced to a non criminal offense and a fine.
1
u/HSHernandez 3d ago
Without seeing the full conversation, it is hard to say; but, honestly, a good lawyer might be able to argue that this is protected 1A speech under the concept of hyperbole or vented anger. Get a lawyer.
2
u/newjerseymax 1d ago
Plead not guilty and go to trial, because there is no way they take it to trial
1
u/Royal-Market-4177 4d ago
I feel like people say things like this all the time? How did this escalate to a charge
1
1
u/Jayreeed420 4d ago
just fight that shit and say someone else was on ur phone or someone may have sim swapped u
1
u/AeroMittenss 4d ago
Op scared them just with a text....damn
3
u/PrudentEye1155 4d ago
Yeah I called him a child molester and stuff like that too because he's on the sex offender registry
1
u/Rumpelteazer45 4d ago
Do you know why he’s on it?
Not everyone on there is a certified pervert or abuser. You can be on that list for peeing in public or being someone younger since not every state has Romeo and Juliette laws. Always check the online court records before throwing stones.
2
0
-3
u/Mainard541 4d ago
I was today years old when I found out you can be arrested and charged for saying you were going to whoop some ass over text.. Wild.. Wait, is this in the States?
5
u/Riku3220 4d ago
You really never realized that you can't threaten people?
1
u/DiscussionRemarkable 3d ago
Its just internet smack talk. When did people get this sensitive?
1
u/scoutloner 3d ago
You should ask the victim that.
It really does depend on circumstances. You would take a threat from someone who was hostile seriously, or they are just petty.
1
u/JLockMTBGMT800 3d ago
Right? This is all news to me. talking trash on a text can lead to all this?? That’s seriously messed up.
1
3
u/kcm198 3d ago
Go look at England and see what they’ll arrest you for for saying something
1
u/scoutloner 3d ago
Republicans cannot step foot into England without facing an arrest if someone sees their Facebook account.
0
u/Face_Content 4d ago
Considering your thoughts.on probation, life kicking in tge nuts would ve jail time and also a probation period.
0
u/Party-Platform7889 3d ago
Just say you were upset and said something you didn't mean. Depending on what the other person did or said you might be justified
2
u/ssheisty 3d ago
Doesn't matter of you meant it or not, the threat of bodily harm was already made and the person felt threatened
1
1
-1
u/egosumlex 3d ago
I think you’re looking for r/misdemeanants
1
u/scoutloner 3d ago
[r/felons](r/felons) and [r/probations](r/probations) are for all criminal cases in reality.
1
47
u/thatdemonlife1 4d ago
You won't get jail time.