[WI] Should I take the five-year plea or push for probation/trial?
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You always have the right to trial; a plea is optional. In WI, mistake-of-age generally isn’t a defense, which is risky at trial (Wis. Stat. § 939.43(2), State v. Jadowski, 2004 WI 68). Your texts showing she lied could help negotiations. Ask your lawyer why the plea is better than trial and how they’ll use that evidence. Get a second opinion if needed.
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Around November I got in trouble because a girl lied about her age. I did something with her not knowing she was underage. I’m 23. In interrogation I admitted we did something, but I didn’t know she was underage. She texted me after I was released on bond saying “I’m sorry,” and I showed proof she lied. First plea was 7 years; now they changed it to 5 with therapy. Is it okay to take the plea?
Have you consulted a criminal defense attorney?
Yes.
Which state?
Milwaukee, Wisconsin.
Age of consent is 18; these cases carry serious penalties. Consider evidence strength, long-term consequences, and your attorney’s advice.
Hello, I’m Jon, attorney. Do you want options and whether to take a plea?
Yeah. I told police we did something but I thought she was my age. My lawyer says best is to take a plea.
You always have the right to trial; a plea is optional. In WI, mistake-of-age generally isn’t a defense, which is risky at trial (Wis. Stat. § 939.43(2), State v. Jadowski, 2004 WI 68). Your texts showing she lied could help negotiations. Ask your lawyer why the plea is better than trial and how they’ll use that evidence. Get a second opinion if needed.
They want prison time. I want probation—first offense, not a threat. I cried when I found out; I have sisters that age.
Tell your lawyer probation is your goal. They should push your lack of record, remorse, therapy, and propose intensive probation. If they won’t fight, seek a second opinion.
Sentencing is on the 17. If I don’t accept, will trial be right after? I want more time with family.
If you reject the plea, trial won’t be the same day. The court will schedule it later. You can request a continuance.
If I reject and ask for another lawyer, will it get pushed back?
It’s possible. Ask the court for new counsel if you lack confidence.
Public defender says at trial it won’t matter that I didn’t know her age.
In WI that’s often correct, but get a second opinion and ask for new counsel if necessary.
Thanks.
You’re welcome.
What if they won’t offer probation and insist on jail? I’ll take the best deal if trial odds are bad.
Understood—compare any final plea (time, registration, probation terms) against trial risk. Keep negotiating; get a second opinion if needed.
