Criminal

Important Notices 1) You have a right to talk to an attorney before talking to law enforcement. If you choose to talk to law enforcement before you talk to an attorney, you may limit what an attorney can accomplish for you. You do not have to talk to law enforcement. If you want to exercise that right, clearly tell the officer you want to talk to an attorney before talking to the officer and then don’t answer any more questions for the officer other than your name and providing identification. Law enforcement officers are well trained in interview techniques and you may say things that will hurt your case and not know it. 2) If you are arrested, do not talk to other prisoners. People in jail may tell law enforcement what you said and may even lie about what you might have said. Law enforcement officers will encourage other prisoners to try and get information from you and other prisoners may benefit if they can provide help to law enforcement. Traffic/Ordinance Violations Traffic and ordinance violations are not crimes. Ordinances are created and enforced by local cities, towns, and counties. Because ordinance violations are not crimes, but are civil matters, different procedures are followed to bring the case to a conclusion. Instead of being charged and served with a criminal complaint, when a person violates an ordinance, they are issued a citation. A person issued a citation for violating an ordinance (such as a traffic ordinance) does not have the same constitutional rights as a person charged with a crime. For instance, a person issued a citation does not have the right to remain silent, the right to discovery, or the right to have the prosecution prove the individual guilty beyond a reasonable doubt. A person issued a citation must demand a jury trial, instead of automatically getting one like someone charged with a crime. Traffic citations, for some, are ordinary occurrences. Unfortunately, the cost for violating traffic ordinances can be more than the ticket, such as a rise in auto insurance premiums. Once traffic tickets begin to mount, the consequences could be great, such as a license revocation. An attorney can examine the legality of the traffic stop and meet with the prosecuting attorney in an effort to reach a reasonable resolution on a traffic matter. The cost for an attorney to represent you on an ordinance violation depends on the facts of your individual case. Call 1-800-543-6440 for a consultation. Disorderly Conduct Disorderly conduct is a misdemeanor offense. Disorderly conduct is commonly charged by police, as the definition of acting “disorderly” is very broad. To be charged with disorderly conduct, the person must be acting “violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly…under circumstances in which the conduct tends to cause or provoke a disturbance.” Wis. Stat. § 947.01. A disorderly conduct charge may be “enhanced” by adding a domestic element to the charge. A disorderly conduct - domestic will be charged if the individual was acting disorderly toward a person they reside with, have resided with, or have a child with. A disorderly conduct charge is still a misdemeanor with the domestic enhancement attached. Once a person is charged with a disorderly conduct- domestic, it is very important that the defendant not have any contact with the alleged victim. It is often a condition of a defendant’s bail/bond that they not have contact with the victim at all. If a defendant wishes to have contact with the victim, and that contact is consensual, the bail/bond condition may be modified, or, in some counties the victim may write the clerk of court a letter authorizing contact. Many people do not realize that once a person is convicted of a domestic abuse crime, that person is prohibited from possessing a firearm, or even having a firearm in their home, for life under federal law. Therefore, hunters charged with disorderly conduct domestic who wish to keep hunting must get their charge amended or dismissed. The cost for an attorney to represent you on a disorderly conduct charge depends on each specific case. Call 1-800-543-6440 for a consultation. Battery Battery is the crime of causing bodily harm to another. Battery can be a misdemeanor, but is a felony if the injury was “substantial” or “great.” Substantial battery, a felony, is charged when it is alleged the defendant caused the victim “substantial bodily harm,” meaning a bodily injury that caused a laceration that required stitches, a broken bone, or a concussion. Aggravated battery, a felony, is charged when it is alleged the defendant caused the victim “great bodily harm,” meaning “bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.” Depending on the specifics of what happened, a person convicted of battery (whether a misdemeanor or a felony) will probably be prohibited from possessing a firearm, or even having a firearm in their home, for life under federal law. Hiring an attorney to assist you in defending a battery charge is very important, as the crime is very serious. The cost for an attorney to defend a battery charge depends on the specifics of the case. Call 1-800-543-6440 for a consultation. Misdemeanors When you or someone you know is charged with a misdemeanor, it can be a scary moment. However, it is important to remember that everyone charged with a crime in America is presumed innocent until proven guilty. A criminal defense attorney can assist you through the criminal justice process. Often, our firm’s cases are settled by meeting with the district attorney, discussing the potential defenses, and reaching a settlement. Just being charged with a misdemeanor is public record, appearing on the internet website Circuit Court Access Program in Wisconsin. Having a criminal conviction on your record can negatively affect your employment opportunities. Furthermore, many people do not realize that once a person is convicted of a domestic abuse crime, that person is prohibited from having firearms in their home for life under federal law. A misdemeanor is a level of criminal offense that is less serious than a felony. If you are convicted of a misdemeanor and sentenced to jail, you will spend your sentence in the county jail, not prison. Misdemeanor jail sentences are 1 year or less. Misdemeanors are also classified as Class A, Class B, and so forth, with Class A being the most egregious misdemeanor. Each class has specific penalties. An arrest may occur in the criminal charging process. If you are arrested, you have several important constitutional rights that you should intelligently decide whether or not to exercise. Some of these rights include the right to remain silent and the right to have an attorney represent you. If you cannot afford an attorney, you can apply for a public defender. If you are arrested without a warrant, a bail/bond hearing must be held within 48 hours to ensure that the police had probable cause to arrest you. At this hearing, the district attorney will ask that the defendant post bail or bond before they may leave jail. Bail is a money payment (cash), while bond is the promise to pay a debt. A signature bond is a promise to pay money in the event that the individual does not show up for a scheduled appearance. A secured surety bond is a promise to give up a piece of personal or real property (like real estate) in the event that the individual does not show up for a scheduled appearance. A bail bond also contains conditions, that if violated, means the person violated their bond. A person charged with a misdemeanor will have an initial appearance, where they will be asked to plead. A person can plead “guilty,” “not guilty,” or “no contest.” By pleading “no contest,” the judge will convert that plea to a “guilty” plea, but the point of pleading no contest is to avoid any potential civil liability for the incident. Usually at an initial appearance if a person pleads “not guilty,” a time will be scheduled for a pretrial conference to meet with the district attorney. At the pretrial conference, the prosecuting attorney may agree to a certain sentence or to lower the charge if the individual agrees to accept the deal without a trial. Sometimes the prosecuting attorney will even agree to a deferred prosecution agreement or a deferred entry of judgment. A deferred prosecution agreement is an agreement reached with the prosecution attorney that they will not prosecute the individual for the crime (basically, will put the case on hold) as long as the person complies with certain conditions, such as not incurring any criminal charges for a certain amount of time. If the defendant violates the agreement, the defendant will then be prosecuted from where their case left off. A deferred entry of judgment is similar to a deferred prosecution agreement, except that judgment is already entered. If the defendant violates the agreement, they are automatically found guilty of the charge and then sentenced. If an agreement cannot be reached, a trial will be scheduled. In misdemeanor cases you have a right to a jury trial. If an agreement is reached with the district attorney or a trial is lost, there will be a court hearing called plea and sentencing. If an agreement was reached with the district attorney, at this hearing the judge will determine if the defendant is agreeing voluntarily and knowingly. The judge will then determine if he or she believes the agreement to be appropriate. If the judge approves of the agreement, the judge will sentence the defendant accordingly. If the judge does not approve, the judge will sentence the defendant in whatever way the judge deems is fair. If convicted and a defendant’s particular case does involve serving time in jail, it is possible that the judge and sheriff’s department may be willing to give the defendant work release privileges or electronic monitoring. The cost for an attorney to represent you on a misdemeanor depends on each specific case. Call 1- 800-543-6440 for a consultation. Felonies Just being charged with a felony is public record, appearing on the Internet website Circuit Court Access Program in Wisconsin. Many people do not realize that once you are convicted of a felony, you are prohibited from possessing a firearm, or even having a firearm in your home, for life under federal law. Therefore, hunters charged with felonies who wish to hunt must get their charge amended or dismissed. Defendants charged with felonies will also be prohibited from voting while they are still serving their sentence. Further, potential employers may consider a defendant’s felony conviction, making employment harder to find. Felonies are the most serious level of criminal offense. If you are convicted of a felony and sentenced to prison, you will spend your sentence at a prison, not the county jail. Felonies are also classified as Class A, Class B, and so forth, with Class A being the most egregious felony. Each class has specific penalties. An arrest may occur in the criminal charging process. If you are arrested, you have several important constitutional rights that you should intelligently decide whether or not to exercise. Some of these rights include the right to remain silent and the right to have an attorney represent you. If you cannot afford an attorney, you can apply for a public defender. If you are arrested without a warrant, a bail/bond hearing must be held within 48 hours to ensure that the police had probable cause to arrest you. At this hearing, the district attorney will ask that the person who was arrested post bail or bond before they may leave. Bail is a money payment (cash), while bond is the promise to pay a debt. A signature bond is a promise to pay money in the event that the individual does not show up for a scheduled appearance. A secured surety bond is a promise to give up a piece of personal or real property (like real estate) in the event that the individual does not show up for a scheduled appearance. A bail or bond usually also contains conditions, that if violated, means the person violated their bond. At the initial appearance in a felony, the defendant will not be asked to plead. However, the defendant must appear to show he or she has been served with the criminal complaint. Next, a defendant has the right to a preliminary examination, which is a hearing where the state must show probable cause that the defendant committed a felony. If the state cannot show probable cause that a felony was committed, the charge may be reduced to a misdemeanor or dismissed completely. If the state can show probable cause that a felony was committed, the defendant’s next court appearance will be arraignment. At arraignment, the defendant will plead. A defendant can plead “guilty,” “not guilty,” or “no contest.” By pleading “no contest,” the judge will convert that plea to a “guilty” plea, but the point of pleading no contest is to avoid any potential civil liability for the incident. Next, the defendant, or the defendant’s attorney, will have the chance to meet with the district attorney at a pretrial conference. At the pretrial conference, the prosecuting attorney may agree to a certain sentence or to lower the charge if the individual agrees to accept the deal without a trial. Sometimes the prosecuting attorney will even agree to a deferred prosecution agreement or a deferred entry of judgment. A deferred prosecution agreement is an agreement reached with the prosecution attorney that they will not prosecute the individual for the crime (basically, will put the case on hold) as long as the person complies with certain conditions, such as not incurring any criminal charges for a certain amount of time. If the defendant violates the agreement, the defendant will then be prosecuted from where their case left off. A deferred entry of judgment is similar to a deferred prosecution agreement, except that judgment is already entered. If the defendant violates the agreement, they are automatically found guilty of the charge and then sentenced. If an agreement cannot be reached, a trial will be scheduled. In criminal cases you have a right to a jury trial. If an agreement is reached with the district attorney or a trial is lost, there will be a court hearing called plea and sentencing. If an agreement was reached with the district attorney, at this hearing the judge will determine if the defendant is agreeing voluntarily and knowingly. The judge will then determine if he or she believes the agreement to be appropriate. If the judge approves of the agreement, the judge will sentence the defendant accordingly. If the judge does not approve, the judge will sentence the defendant in whatever way the judge deems fair. The cost for an attorney to represent you on a felony charge depends on the facts of each individual case. Call 1-800-543-6440 for a consultation.