Understanding the Terms & Constitutional Implications of Marsy’s Law

April 2, 2020 | Criminal Defense Attorney

On November 30, 1983, tragedy struck the family of an accomplished young woman named Marsalee (Marsy) Ann Nicholas. Marsy was brutally stalked and murdered by an ex-boyfriend that day, and while still reeling from the pain of this loss, Marsy’s mother was shockingly confronted by Marsy’s killer on the way home from Marsy’s funeral. Marsy’s murderer had been released on bail a few days prior to Marsy’s funeral, but her family hadn’t been notified. The judicial oversights that resulted in this confrontation lead to a campaign for legal reform. Marsy’s family advocated for the enactment of state constitutional rights that would provide victims of crimes with rights equal to those afforded to the accused. These reformations became known as “Marsy’s Law,” which has been adopted in some form by 11 states. Wisconsin Set to Vote on Marsy’s Law Amendment Next Week On April 7, 2020, Wisconsin residents are scheduled to … Continued

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Protecting Your Rights after Allegations of Criminal Sexual Misconduct in Wisconsin

March 25, 2020 | Legal Advice

If you’ve been accused of sexual misconduct in Wisconsin, the court of public opinion has likely already rendered its verdict. You’re innocent until proven guilty of a sex crime in Appleton, but criminal sexual misconduct allegations alone can change the course of your personal and professional life. From losing your job to losing your family and freedom, don’t take Wisconsin sexual misconduct allegations lightly. At Hogan Eickhoff, our top-rated Green Bay sexual misconduct defense lawyers protect more than our clients’ freedom. We protect their right to live free from the collateral consequences of unfounded sexual misconduct allegations. Schedule your free, confidential sexual misconduct defense consultation with our experienced Winnebago, Calumet, and Waupaca County sex crimes defense lawyers today by calling (920) 450-9800 or contacting us online.

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What to Look for in an Appleton Criminal Defense Attorney

March 9, 2020 | Criminal Defense Attorney

No one wants to schedule a meeting with a criminal defense lawyer. Having to defend against criminal charges is not something people look forward to. On top of worrying about the potential penalties of a conviction, including the impact it will have on your personal and professional life, you now have to worry about retaining and paying a criminal defense lawyer. While the talented and experienced attorneys at the Appleton public defender’s office are available for those who can’t afford a lawyer, their caseload leaves little room to prepare a compressive and personalized defense to your charges. Further, the public defender’s office is not obligated to assist you beyond the first appeal and generally does not provide post-conviction assistance.

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What is Domestic Violence in Wisconsin?

February 27, 2020 | Criminal Defense Attorney

Most matters involving family relationships such as marriage, divorce, child custody, and domestic violence are handled at a state level, and each of the 50 states has different ways of defining domestic violence and laws governing domestic violence prosecutions and penalties. The same actions may be punishable as a felony in Wisconsin, a misdemeanor in Minnesota, and completely legal in Ohio. Understanding how Wisconsin defines domestic abuse and violence is essential for both avoiding domestic violence charges and defending against domestic abuse claims in Appleton and the surrounding areas.

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What Kinds of Offenses Are Considered White Collar Crimes?

February 11, 2020 | Criminal Defense Attorney

The term “white collar” doesn’t actually appear in the Wisconsin Criminal Code. It’s a colloquialism used to describe certain financial and regulatory crimes typically committed by those working in a professional environment, or people required to wear a “white-collared” shirt to the office. Despite the slang, both federal and state law enforcement agencies have dedicated white collar prosecutors and investigators in Wisconsin. These teams include forensic accountants and are often well funded due to the fines typically collected in white-collar cases. This may mean trouble for white-collar defendants in Wisconsin.

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Marijuana Charges Are Still a Serious Matter in Wisconsin

January 21, 2020 | Drug Defense Lawyer

With a quick step over the Wisconsin border to Michigan’s upper peninsula, marijuana goes from fully illegal to completely legalized. Recreational pot is also legal in Canada and has been partially decriminalized in Minnesota. All around Wisconsin, cannabis is available for legal recreation and/or medical use, but Wisconsin residents must proceed with caution. Legally purchasing medical or recreational pot in another state or country does not mean the marijuana becomes legal in Wisconsin. Transporting marijuana over state or international borders is actually a federal drug offense and illegal in Wisconsin. In fact, possession of marijuana is a felony in all but limited circumstances, and Wisconsin has some of the most repressive marijuana laws in North America.

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Should You Take a Plea Deal?

January 9, 2020 | Criminal Defense Attorney

The United States Bureau of Justice Statistics estimates that between 90 and 95% of all criminal convictions result from guilty pleas rather than jury verdicts. The statistics are even higher for felony-level charges with studies indicating nearly 95% of state and 97% of federal felony convictions result from guilty pleas.

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Your Rights During a Traffic Stop

December 26, 2019 | Legal Advice

Traffic stops are the most common reasons for police encounters, and approximately 10% of all drivers are pulled over for traffic infractions each year. About 20% of yearly stops result in additional criminal charges after the search and the arrest of vehicle occupants. That means 1 in 5 traffic stops result in serious misdemeanor or felony charges, and these charges disproportionately affect young men between the ages of 16 and 24.

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When Can Drug Evidence Be Suppressed?

December 12, 2019 | Drug Defense Lawyer

Suppression of evidence is one of the primary legal protections afforded to criminal defendants in the United States. Excluding evidence obtained in violation of law or tainted due errors on the part of law enforcement gives teeth to the Fourth Amendment’s constitutional guarantees. Without the exclusionary rule, law enforcement would have little incentive to respect your constitutional rights. Drug evidence seized due to an illegal traffic stop, pat down, or unlawful search must generally be excluded from consideration during post-indictment proceedings. The court must assume the evidence doesn’t exist, and the suppression of drug evidence often results in a dismissal of any drug-related charges against you.

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What to Look for When Hiring a Criminal Defense Attorney

November 26, 2019 | Criminal Defense Attorney

At Hogan Eickhoff, we want you to know The United States and Wisconsin Constitutions guarantee an attorney to those accused of a criminal offense. For those who cannot afford an attorney, one must be provided free of charge. This typically means assigning alleged offenders a criminal defense attorney from the public defender’s office, which is a good option for people who simply cannot afford to hire a private attorney.

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