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  1. #1
    emmajean Guest

    Question Obstruction of Justice?

    What is the name of your state?What is the name of your state? Wisconsin

    My boyfriend was walking home and saw a car that had been pulled over by a police car. He was walking towards the scene when the officer started yelling at him to get back. He did step back, but then the officer's partner showed up and issued him a ticket for Obstruction of Justice.
    He thinks he should fight it. I would like to know a few things: 1.) What is the penalty for obstruction of justice? 2.) if he pays the ticket, how long is it on his record? what kind of violation is it? will it hurt him to have it on his record? 3.) will this affect his diversion for a DUI, which he completed the month before the obstruction charge?
  2. #2
    Shay-Pari'e is offline Senior Member
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    Are you honestly buying his story?
  3. #3
    ptlmejo is offline Member
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    Well, if he got a ticket for obstructing, then it's just an ordinance violation...it'll be about a $200 fine depending upon the bond set by that particular city's council.

    An ordinance violation will not be entered onto his criminal history.

    What exactly was the stipulation in the OWI DPA? If it was to commit no crimes, then he's fine...and ordinance violation is not a crime for the rules set forth in that.
  4. #4
    Shay-Pari'e is offline Senior Member
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    [QUOTE=ptlmejo]Well, if he got a ticket for obstructing, then it's just an ordinance violation...it'll be about a $200 fine depending upon the bond set by that particular city's council. The bond has nothing to do with anything. Since when is the city council sitting in the judges chair? Where are you getting your info from? How can you come on here and tell this person what you think his fine will be? You have no clue what you are talking about.
    Last edited by Shay-Pari'e; 09-16-2004 at 03:07 AM.
  5. #5
    ptlmejo is offline Member
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    Actually, I do have a clue. I'm a police officer in Wisconsin.

    If the person was issued a citation, that is a municipal ordinance violation in Wisconsin. A criminal charge of obstructing would yield in no paper issued, just a book/release in the jail with charges pending through the DA's office.

    The bond on Obstructing/Resisting is set by the state at $300 (my error, it's $300, not $200) per the bond book that we're issued. If the council adopts an ordinance of the statue 961.41, that's generally what the bond amount will be, however, the council has the discretion of either A) Changing that amount for their particular municipality within the statutory limitations or B) Creating their own ordinance borrowing some of that language. A good case and point here would be that our city has three different Disorderly Conduct ordinances. One is the adopted state statue of 947.01, the other two are muni DC's that were drafted by the city with basically the same language. The only difference on the three is the price.

    BTW, from CCAP, this is an ordinance citation that I wrote to a girl for providing me with a false name. You'll notice the lack of indication that it's criminal: [URL=http://wcca.wicourts.gov/caseDetails.do;jsessionid=400FFE2E0F0726A633B0AC3768E26584.render4?caseNo=2002FO000078&countyNo=24&c acheId=0A768671106114C4E7279693A9129076&recordCount=18&offset=9]http://wcca.wicourts.gov/caseDetails.do;jsessionid=400FFE2E0F0726A633B0AC3768E26584.render4?caseNo=2002FO000078&countyNo=24&c acheId=0A768671106114C4E7279693A9129076&recordCount=18&offset=9[/URL]

    For comparison, here is the same statue, but in a criminal form (Note: In WI, resisting and obstructing are the same statue of 946.41): [URL=http://wcca.wicourts.gov/caseDetails.do;jsessionid=400FFE2E0F0726A633B0AC3768E26584.render4?caseNo=2002CF000088&countyNo=24&c acheId=C193A3588E578D23374F17508989D53B&recordCount=42&offset=8]http://wcca.wicourts.gov/caseDetails.do;jsessionid=400FFE2E0F0726A633B0AC3768E26584.render4?caseNo=2002CF000088&countyNo=24&c acheId=C193A3588E578D23374F17508989D53B&recordCount=42&offset=8[/URL]

    The only things entered into a person's criminal history in WI are things which are actual criminal violations or bookings into the jail on items such as an OWI. Since an ordinance violation is not criminal (it's actually a civil violation in WI (and yes, you read that right CIVIL)) it will not be entered onto one's criminal history. If you check out CCAP, you'll see the court records and such in there, but the case type will be FO (Forfeiture Ordinance), not CM (Criminal Misdemeanor).

    As for your third question, as I stated above, an ordinance violation is not criminal. Therefore, if a bail/bond agreement or DPA stipulates that the defendant shall commit no crimes, an the defendant is issued an ordinance citation which is not criminal, it does not meet the requirements of that document. Now, that isn't to say the terms of the DPA don't stipulate "Defendant shall have no violations," which, the ordinance violation would satisfy the requirements of that. Since we don't know what the DPA stipulates or the exact verbage contained therein, I offered what I know the conditions generally are.

    If you don't believe me, Paradise, feel free to refer to either the Wisconsin State Statues, or call any one of the 71 Clerk of Courts offices in the state. I'm sure you'll get the same response.
    Last edited by ptlmejo; 09-16-2004 at 02:41 AM.
  6. #6
    Shay-Pari'e is offline Senior Member
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    (QUOTE)If the person was issued a citation, that is a municipal ordinance violation in Wisconsin. A criminal charge of obstructing would yield in no paper issued, just a book/release in the jail with charges pending through the DA's office.(QUOTE)




    You are seriously talking in circles, and I am amazed that you even posted this.
    Last edited by Shay-Pari'e; 09-16-2004 at 02:51 AM.
  7. #7
    ptlmejo is offline Member
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    I'm even more amazed that you're attempting to debate this.
  8. #8
    CdwJava is offline Senior Member
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    I have come to discover some time back that procedures in some states are absolutely foreign to the concepts we have for the law in CA. In some states traffic offenses are entirely local issues and even civil matters - not criminal. In others there is a difference between a summons and a citation ... and some that are completely baffling.

    Personally, since I have no knowledge of HOW it works in WI, I would have to defer to anyone who lived and worked there because my experience in CA just may not be remotely the same.

    That's the biggest problem with any of us on these forums is we all tend to take the experiences we have with our local jurisdictions and states and try to translate them to a grander - even national - scale. It doesn't work. Certain concepts remain standard, but the nuts-n-bolts differ greatly.

    In some states traffic citations are big money for the local agency ... in CA they are chicken feed for local agencies. Our traffic offenses tend to be without jail time ... in some states (like TX) a custodial arrest can occur with a traffic violation.

    Experiences differ. And I am just as guilty as anyone else of making this mistake. There are just too many local variations to possibly know them all.

    I would have to defer to PTL on this one.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  9. #9
    ptlmejo is offline Member
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    Agree completely Carl.

    JETX has pointed out how things vary so greatly state-by-state to me NUMEROUS times.

    Also, Paradise, to clarify what seemed to be a bit hazy to you...

    If the person was issued a citation, that is a municipal ordinance violation in Wisconsin. A criminal charge of obstructing would yield in no paper issued, just a book/release in the jail with charges pending through the DA's office.
    In Wisconsin, unless it is a criminal traffic violation (such as OWI, OAR, etc) there is no paper citation issued. If a paper citation is issued for something like (DC, Obstructing, CDTP, etc) then it is a municipal ordinance violation.

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