Separate Charges Legal Considerations

Summary

In Wisconsin, the district attorney can separate charges from the same incident into different cases based on legal strategy. If bail has been used for fines and court costs, it no longer exists, and a new bail may be required for additional charges. Delays in resolving a case, such as a two-year wait, can contribute to a claim of prejudice, potentially impacting your right to a fair trial. You may need to request a new bail hearing or file a motion to dismiss based on these grounds. Consider consulting with a legal professional for guidance on how to proceed.

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Can the da separate charged that occured at the same time issued at the same time. Is it fundamentally unfair for me to ha e to have * court cases from the same incident
Case Rating: *.
Hi Joshua! It's possible for the DA to separate charges from the same incident into different cases. This can depend on several factors, such as the nature of the charges and legal strategy.
To understand more about your situation, can you tell me what state this is happening in?
WI
Hi Joshua! In Wisconsin, it's indeed possible for the DA to separate charges from the same incident into different cases. This can happen based on the specifics of the charges and legal strategy. Here are some general points:
- Prosecutors may choose to separate charges to simplify the legal process.
- Each charge might require different evidence and testimony.
- The separation can be challenged if it seems unfair.
Is there a specific charge or detail about your cases you want to discuss further?
I was put on a $* cash bail after my rest since then, 23C. M23 in Price County for possession off THC and provision of paraphernalia, the judge. $* fine forfeiture. With court costs to be taken out and the remaining amount of $* be returned to Mallory cook who posted the Bale. Then 9 months later. The DA came back and tried to charge me for the. Driving under the influence of THC as a seventh othen they told me. I was on the same bail that was set ON29OF2023 in the amount of $*. Cash Baylor's return. It was allocated and used for fine's * features in court cost. Nine months later the d a says i'm on the same bail is that possible
Joshua, in Wisconsin, it is possible for the DA to bring additional charges related to the same incident even after some time has passed. However, whether you can be held on the same bail amount or if a new bail should be set depends on the specifics of your case and the court's decision.
- The judge will need to address if the original bail covers the new charges.
- You might need to request a bail hearing to clarify or potentially adjust the bail conditions.
Do you have a lawyer representing you in this matter?
Are they required to give me a new bail?Isn't isn't it that the Bale has been used and returned in the remaining bail amount?Does that bail no longer exist
Joshua, here are some key points regarding bail:
- If the bail amount has been used for fines and court costs and any remaining amount returned, the original bail no longer exists.
- For new charges, you can request a new bail hearing.
- The court will determine if a new bail is required.
Do you need help understanding how to request a bail hearing?
Doesn't that create prejudice saying to me saying that i'm still on a bale that no longer exists
Joshua, it can be seen as prejudicial if you're being told you're still on a bail that no longer exists. Here are some points to consider:
- Your original bail was used and returned, so it should no longer apply.
- You might need to challenge the DA's assertion regarding the existing bail.
- Requesting a new bail hearing could clarify this issue.
Would you like more information on how to request a bail hearing or challenge this situation?
Does it create enough prejudiyes? For dismissal of charges
Joshua, if your bail situation creates significant prejudice, it could potentially be grounds for dismissing the charges or amending the bail conditions. Here are some points to consider:
- Prejudice: If the bail issue severely affects your ability to defend yourself, it might be considered prejudicial.
- Legal Challenge: You can file a motion to dismiss based on the argument that the bail situation is fundamentally unfair.
Would you like more information on how to file such a motion?
Does it create prejudice also that the ascertation of time has been almost 2 years and I still have not completed this case.Does that create prejudiced in the barker wingle
Joshua, the delay of almost 2 years in resolving your case can contribute to a claim of prejudice. Courts consider whether delays impact your right to a fair trial. Here's what you should know:
- Prejudice Due to Delay: Long delays can hinder your ability to gather evidence or witnesses.
- Legal Options: You can file a motion to dismiss based on the delay impacting your right to a fair trial.
Would you like more information on how to file this motion?