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Recent Blog Posts
Understanding the Proper Times to Withdraw a Guilty Plea
Making the decision to plead guilty to a crime is never an easy task for anyone to do. You are forced to stand up in front of a judge and admit the allegations recited by the prosecutor. Commonly, those that plead guilty often regret their decision later on. The lingering question in the mind of people in this situation is, “Can I withdraw my guilty plea?” Depending on the situation, whether or not you have already been sentenced, and reasons for withdrawing, you may be able to.
Generally, it is much easier to withdraw your guilty plea prior to sentencing as opposed to attempting to withdraw it after sentencing. Although it is easier, however, it is not simple by any means. Typically, a judge will look to several factors in deciding whether or not he or she will grant your motion to withdraw your guilty plea. These factors include:
Defending against Theft Charges in Wisconsin
Throughout history, theft has been interchangeably identified as larceny. Under Wisconsin law, a larceny or theft is committed when an individual intentionally “takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of such property.”
If you or someone you loved was wrongly charged with committing a theft, you should contact an experienced theft defense attorney who will evaluate your case and advise you of the best course of action depending on the circumstances of your case.
Elements of Theft
A theft is committed in a variety of ways. The prosecution is required to prove each and every element of theft beyond a reasonable doubt. In order to be convicted of theft, the prosecution has to prove:
Understanding Motions to Suppress in the Context of Traffic Stops
Individuals all throughout Wisconsin have, at one point in time, found themselves detained by a police officer for a traffic violation. Of course, this may be for good reason, or it may have been conducted illegally. To be sure, when a law enforcement officer pulls you over, they must have a probable cause that a crime has been committed. This means that if you were driving one mile over to speed limit, or had a broken tail light at the time you were pulled over, the officer was within their lawful powers to pull you over.
If the traffic stop was illegal, a motion to suppress would be appropriate. A motion to suppress is a tool used to challenge the admissibility of evidence used in the prosecution’s case against the defendant. When the court is deciding whether to grant or dismiss a motion to suppress, the court will look at the totality of circumstances, which includes the officer’s decision to stop and arrest you.
Fighting OWI Charges in Wisconsin
Getting charged and convicted with operating while intoxicated (OWI) can have devastating consequences on your life. If you are found guilty, your driver’s license could be revoked, your insurance will increase and you might be looking at significant fines and jail time.
Wisconsin, like many states, passed laws to combat drunk driving. According to the law, no person is permitted to operate a motor vehicle under the influence of drug or alcohol.
Therefore, in order for you to be found guilty, the prosecution must prove that you were 1) operating an automobile 2) while under the influence of drug or alcohol.
Implied Consent
Wisconsin has adopted a law known as implied consent. This ultimately means that if you are lawfully arrested by a police officer who believes that you were operating an automobile under the influence, you are required to take a blood, urine or breathalyzer exam. This law applies even if you are not operating the automobile. For example, if you pulled the car over to sleep, turned the engine off and took a nap, and the police find you, you will be required to take an exam to determine if there are drugs or alcohol in your system and you may be charged with an OWI.
Not Guilty: Defending against Bank Robbery Charges
Traditionally, robbery was defined as using force or intimidation to take property from another. Today, when individuals steal from a bank by force or intimidation, they are guilty of bank robbery. The simple conduct of passing a note to a bank teller demanding money falls under the category of bank robbery even if you did not use a weapon, it is intimidation.
Under Wisconsin law, bank robbery is a serious offense. According to the law, a person who commits bank robbery is one who: “by use of force or threat to use imminent force takes from an individual or in the presence of an individual money or property that is owned by or under the custody or control of a financial institution.” Bank robbery is a Class C felony and carries a possible $100,000 fine, up to 40 years imprisonment, or in some cases both.
Objective Reasonableness: Mistakes of Law and the Fourth Amendment
When you are about to be pulled over by law enforcement officers, you presume the officers pulling you over know the law, since they are charged with enforcing it. Usually, law enforcement officers are aware of the laws they are enforcing. Sometimes, however, law enforcement officers stop you based on their mistaken belief of the law — specifically, on an incorrect understanding of the law.
- Judged through the perspective of a reasonable officer;
Attempted Homicide and the Prosecution’s Case
Homicide charges are some of the most serious crimes punished by society because homicide is often an intentional or unlawful taking of a human life, unless it is justified. In most states, including Wisconsin, the death penalty has been abolished. However, if someone commits homicide while also committing federal crimes, even if they lived and committed those crimes in Wisconsin, they could be subject to the death penalty.
Like homicide, attempted homicide is an extremely serious offense that comes with some of the most severe penalties that Wisconsin law has to offer. Attempted homicide occurs only when an individual intends to commit a homicide and tries to carry out the homicide but, for some reason, this individual fails to finish the crime.
Five Ways to Avoid Sabotaging Your OWI Defense
When you have been arrested for operating your vehicle under the influence of an intoxicant (OWI), you may feel that your life cannot get any worse at that moment in time. Shortly after you are arrested, the circumstances surrounding your arrest are still developing, and depending on the situation, your case may even be dismissed months down the line. However, if you engage in certain actions, you may give the prosecution more ammunition against you and proving that you may be your own worst enemy.
Under Wisconsin law, in order to be convicted of a OWI, the prosecution must prove that you were operating a motor vehicle while under the influence of an intoxicant. The prosecution has to prove every single element of the OWI charge in order to obtain a conviction. If the prosecution fails to prove any single element, the case against you is substantially weakened which raises your chance of acquittal.
Things to Avoid
Sleeping Off a Long Night of Drinking and OWI Charges
Many people are unaware that they can be arrested for operating a motor vehicle under the influence (OWI) of alcohol, even if they are sleeping in their automobile. Wisconsin law prohibits anyone from operating a motor vehicle under the influence of drugs or alcohol, among other things, that render them incapable of safely driving. The law defines what penalties you may be subject to and even defines what qualifies as an intoxicant. However, the law conveniently fails to define the term ‘operating.’
Factors Courts Consider
An Insight into the Grant of Immunity in Criminal Cases
When Wisconsin or the federal government is investigating you or someone else, and they need information in your possession, they may offer you a certain form of immunity in exchange for your testimony. In the area of criminal law, there are two types of immunity that are generally available: use immunity and transactional immunity. Depending on the type of immunity you are offered, you will have different forms of protection.
Generally, transactional immunity is favored because it provides the most protection—a total ban on using the witness’s testimony against the witness. But, use immunity serves a different purpose. It allows the witness to give information to the prosecution and bars them from using those statements against the witness in the future.
