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§ 946.49, Bail Jumping — Condition Restricting Contact with Individual

State v. Peter J. Schaab, 2000 WI App 204, 238 Wis. 2d 598, 617 N.W.2d 872
For Schaab: Michael G. Artery

Issue: Whether the evidence supported bindover on bail jumping, where the allegedly violated bond condition allowed Schaab to have “incidental contact at work” with an individual, and Schaab was seen talking to the individual at the work site after Schaab was no longer employed there.

Holding: Bail jumping requires intentional violation of a bond condition, ¶9; the threshold question is the scope of the prohibition of the bond language itself, not whether the defendant thought s/he was violating the bond, ¶¶13-14; the “at work” phrase was so broad that it permitted contact with the individual where he was working even though Schaar was no longer himself “at work” there, and, because the contact was indisputably “incidental,” bindover wasn’t supported. ¶15.

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