Wisconsin Motion for Transport

State:
Multi-State
Control #:
US-00862
Format:
Word; 
Rich Text
Instant download

Description

This is a Motion for Transport. Defendant, trhough his attorney,m asks to be transported from one jail to another, sloer to his attorney. The reasoning is that the attorney can not adequately provide a proper defense, without the Defendant being physically closer to his attorney. This form is applicable in all states.

Wisconsin Motion for Transport is a legal document filed in the state of Wisconsin to request the transportation of specific individuals involved in a legal proceeding. This motion is typically filed by either the prosecution or the defense, depending on the circumstances of the case. A Wisconsin Motion for Transport is an essential tool in the criminal justice system, as it enables the safe and secure movement of individuals to and from court hearings, depositions, and other legal proceedings. It ensures that defendants, witnesses, and other related parties can physically appear before the court to provide testimony or participate in crucial aspects of the legal process. There are various types of Wisconsin Motions for Transport, each designed to address specific situations or needs within a case: 1. Defendant Transport: This type of motion is commonly filed by the defense attorney to request the transportation of the defendant from a correctional facility, such as a county jail or state prison, to the courthouse. It is essential for defendants to be physically present during hearings and trials, ensuring their constitutional right to confront witnesses and actively participate in their defense. 2. Witness Transport: Prosecutors may file a Wisconsin Motion for Transport to ensure the presence of witnesses in court. This motion is crucial to secure the attendance of witnesses who may be reluctant or unavailable to attend voluntarily. By transporting witnesses, the prosecution can present their testimony, gather evidence, and strengthen their case. 3. Expert Witness Transport: In some cases, expert witnesses are required to provide specialized knowledge or opinions on certain subjects. The party requesting their testimony may file a Wisconsin Motion for Transport to ensure their presence before the court, allowing them to offer their professional insights and opinions, which can significantly impact the outcome of the case. 4. Juvenile Transport: When dealing with cases involving minors, such as delinquency proceedings or child in need of protection or services (CHIPS) cases, a Wisconsin Motion for Transport may be filed to transport the juvenile from a detention facility, foster home, or other designated location to the courthouse. This ensures their participation in hearings and allows them to exercise their rights during legal proceedings. It is important to note that each motion must adhere to the specific guidelines set forth by Wisconsin law, including proper notice to all involved parties and demonstrating a valid reason for the transportation request. The granting or denial of a Wisconsin Motion for Transport is subject to the judge's discretion, taking into account factors such as public safety, the importance of the individual's presence, and the availability of alternative means of participation (e.g., video conferencing).

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FAQ

Necessary for a Chapter 51 commitment: that the subject has a mental illness, is dangerous to him/herself or others, and is treatable. The Court makes these findings based on the reports and/or testimony of the psychiatrists and/or psychologists and any relevant testimony from witnesses. hearing.

The petition must include notarized statements from three adults that describe the person's dangerous or violent behavior. All three statements must tell about events that the witnesses have personally seen within the past 60 days leading up to the petition.

Emergency Detention: in Wisconsin, emergency detention is used when a person is a significant danger to themselves or others, and the police are contacted. The police will take the person into custody, and there will be a 72-hour hold, during which the party will be evaluated at a mental health facility.

?[Chapter] 55 was specifically tailored by the legislature to provide for long-term care of individuals with incurable disorders, while ch. 51 was designed to facilitate the treatment of mental illnesses suffered by those capable of rehabilitation,? wrote Justice Michael Gableman. The court explained that ch.

Emergency Detentions - (51.15, WI STATS) These are initiated when an individual is presently a danger to themselves or others. The detention is obtained by contacting law enforcement.

Pursue legal, administrative and other appropriate remedies to ensure the protection of the rights of persons with developmental disabilities or mental illness and to provide information on and referral to programs and services addressing the needs of persons with developmental disabilities or mental illness.

Chapter 51 of the Wisconsin Statutes restricts availability of protected health information. This information can only be released to parties producing proper authorization and authority. In all other cases a court order is required to access this information. emergency phone call to authorities.

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Wisconsin Motion for Transport