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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What Happens When the Police Find Drugs in My Vehicle?

November 12, 2019 | Drug Defense Lawyer

Traffic stops are the most common reason for people to have contact with the police. In some cases, an officer will search your car during a traffic stop. These searches are sometimes justified and sometimes not. If a vehicle search results in the discovery of illegal drugs, it can result in significant legal consequences. For this reason, if you’ve been arrested after the police searched your vehicle, you should talk to an attorney as soon as you can. In some instances, a lawyer may be able to have the case against you completely dismissed.

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The Long-Term Consequences of a Sex Crimes Conviction

October 29, 2019 | Criminal Defense Attorney

Every criminal conviction has its consequences, but few more so than a conviction for a sex crime. From restrictions on where you can live, travel, and work, sexual offenders are subject to more than just fines and incarceration. If you’re facing allegations of a federal or state sex crime, it’s critical to understand the long-term consequences of a conviction before accepting a plea bargain or proceeding to trial. Sex offender status can affect every aspect of your life long after your court-imposed sentence has come to an end. The only way to avoid the long-term consequences of a sex crimes conviction is to avoid the conviction itself. Whether this means zealously defending your rights at trial, appealing an adverse judgment, or applying for an expungement, the experienced Outagamie, Brown, Winnebago, Calumet, and Waupaca County sex crimes defense attorneys at Hogan Eickhoff stand with you. Schedule you free, confidential criminal defense … Continued

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Why Law Enforcement Can Lie to You: the “Reid Technique”

October 16, 2019 | Criminal Defense Attorney

The “legal” lie. It’s counterintuitive, isn’t it? But that’s exactly what Wisconsin law enforcement officials are permitted to do when interviewing and interrogating criminal suspects. Psychological manipulation is commonplace during criminal investigations, and individuals without an attorney often fall for these law enforcement traps. The Reid Technique is a system of interrogation that is intended to induce criminal suspects to admit to crimes, and many law enforcement agencies around the world use it. It often involves the interviewer lying to the suspect in order to gain trust or influence them to believe that confession is his or her best option. Fortunately, when you have an experienced attorney present during an interview, the manipulation of the Reid Technique can be mitigated, ensuring that your legal rights are protected. Both the United States Constitution and Wisconsin Constitution guarantee criminal suspects the right to have an attorney present during police questioning. However, this … Continued

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Bail in Wisconsin: FAQs

September 24, 2019 | Bail

Bail is an important – and often misunderstood – part of criminal cases. Bail can mean the difference between spending months (or years) behind bars while you await trial and spending that time at home and working. It is always important to have the assistance and representation of an experienced criminal defense attorney who can work to ensure you receive fair bail – or even no bail at all. The following are some frequently asked questions about bail in Wisconsin. What is Bail? Bail is a legal concept that has been in practice across the world since before the year 1000. In today’s society, there are often conditions set for a criminal defendant that allow them to be released from jail prior to trial, and bail generally refers to cash or property they must “put up” to be released. If the defendant appears in court as promised, the bail is … Continued

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Pretrial Release in Wisconsin

September 12, 2019 | Legal Advice

In our role as Appleton criminal defense attorneys, individuals regularly contact us with issues related to pretrial release – specifically cash bail and bond conditions. While these terms are often used interchangeably by lawyers, judges, and others in the criminal justice system, technically, bond refers to the conditions of pretrial release, and bail refers to a monetary condition of bond (money you put up to get out of jail). Once you have attended all court appearances and your case is disposed of, you should get any bail you posted back. The Eighth Amendment to the United States Constitution states that “excessive bail shall not be required.” In addition, when you have been arrested and are awaiting trial, Wisconsin law allows you to be released under “reasonable conditions.” These conditions are designed to: Assure your appearance in court Protect members of the community from serious bodily harm Prevent the intimidation of … Continued

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