After the arraignment and before the trial, defendants can go through a preliminary hearing. It is optional, but it is something that you should take advantage of because the hearing can help you now and in the future.
Law enforcement does not have a legal right to hold a defendant indefinitely without them being able to go in front of a judge. Otherwise, it would be a violation of the defendant’s rights that could jeopardize the prosecution. The initial appearance in front of a judge is called an arraignment. There are several substantive things that will happen in an arraignment that provide an introduction of sorts to the case.
People who have been convicted of a crime could face consequences years into the future. So long as the crime remains on your record, others will be able to view it with a simple background check. When you are trying to find a job or a place to live, a background check could complicate things for you. Currently, Wisconsin is in the process of changing its laws to make expunging criminal records easier, in line with a national trend of criminal justice reform. However, the current laws are more restrictive. Nonetheless, it is possible to remove some convictions from your record.
If you have been charged with a crime in Wisconsin, your lawyer will look for all possible defenses to see if there is a way to fight the charges. Depending on the facts, there are a wide variety of legal defenses available. Here are some of the possible ways that you can try to contest the case against you that the prosecution brings.
Although momentum seems to be on the side of criminal justice reform and allowing for broader abilities to expunge criminal records, the Wisconsin Court of Appeals did not exactly see it this way in a recent case. The court would not allow expungement of a defendant’s criminal record when he was discharged from probation. In order to be fully eligible for possible expungement, defendants need to complete their sentence in full, no matter the circumstances. To ensure your best chances of expunging your criminal record, make sure to hire a criminal defense attorney as soon as possible.
If you have been accused of a crime and have a case pending, you might be wondering if your social media accounts and photos can be used against you. They can, in certain circumstances. Knowing what law enforcement can and cannot use against you can help inform you on what to review and whether to keep your social media accounts up at all. Whether your private accounts require a warrant to observe could mean the difference between evidence adverse to your case or such evidence not being allowed into consideration.
The first police reform bill since the death of George Floyd in May of 2020 passes in the Wisconsin Senate and the attorneys of Hogan Eickhoff are going to break everything down for you. According to the AP, the measures approved by the Senate create new police programs and requirements that are intended to address the outcry that continues to emanate from Floyd’s tragic death. The bills in question, which some believe don’t go far enough in the right direction, head next to the state Assembly to await their fate. If you find yourself on the wrong side of a criminal charge, you need the professional legal counsel of an experienced Wisconsin criminal defense attorney in your corner.
In some cases, the best legal outcome in your case means that you enter into a deal with the prosecutor for lesser charges or a reduced sentence. For some defendants, it is the best way to put the matter behind them and move on with their life. It’s important to understand that in some cases, a plea bargain may still result in a criminal conviction on your record. One of your major considerations going forward is how the plea deal will impact your future. With that in mind, a frequent question we are asked is whether a plea deal will stay on your record.
Many people simply assume that a no-contest plea is the same exact thing as a guilty plea. While the two have a similar effect in a criminal case, there are some key differences. Before deciding what plea to enter in a case, it is crucial to consult with a criminal defense lawyer to understand the ramifications of each course of action. An Appleton criminal defense attorney could provide you with the legal advice that you need.
Under Wisconsin criminal laws, drug possession is a serious charge which can lead to serious penalties. If convicted, you could face several years in prison, steep fines, the loss of certain rights such as voting, as well as damage to your reputation, and the inability to hold particular jobs or licenses. Simply put, a conviction on drug possession charges has the potential to ruin your life.