Everyone is familiar with the courtroom scene where the lawyer stands up and says, “Objection, your honor.” The judge then rules on the objection, deciding whether to sustain it or overrule it. If the judge sustains the objection, opposing counsel cannot continue with that line of questioning. Your lawyer must be quick on their feet, or else you would lose the right to object. In other words, silence amounts to a waiver of the objection.
In criminal cases, defendants must make crucial decisions with the help of their attorney at various stages of the process. There is no more important decision that you will make than whether to go to trial. If you lose at trial, you can face a more serious jail sentence than if you accepted a plea deal. Nonetheless, it may make sense to go to trial, even if you have done some (or all) of what the prosecutor alleges. Your attorney will give you the best advice about how to proceed in your case.
Any criminal defense attorney will advise their clients that it is never a good idea to speak to police without the presence of your lawyer. When you talk to the police on your own, bad things can and will happen. It is very rare that you can clear your name without getting yourself into further trouble.
An arraignment is your initial appearance in court for your criminal defense case. It is one of your constitutional rights to be presented with the charges against you. It is one of the defendant’s first chances to appear in front of the judge, even though your case will not be won at an arraignment. However, do not make the mistake of thinking that the arraignment is a formality.
Even though prosecutors must prove their case beyond a reasonable doubt to obtain a conviction, they have a number of advantages over criminal defendants. While the law demands that you are innocent until proven guilty, prosecutors have a number of powerful tools that they can use to further their chances of winning a conviction, making it even more important for you to have a tough and experienced criminal defense attorney.
Who you choose as a criminal defense attorney could make a large difference in the outcome of your case. Not every attorney is the same. Different attorneys have varying styles, and some make work better for your situation. Between price, level of service, and legal strategy, you are putting quite a bit in your lawyer’s hands. Oftentimes, you do not have a long period of time to decide on a lawyer. Here are some things to look for when you are choosing a criminal defense attorney.
When you are applying for a job or up for a background check, one of your bigger worries is that people will find your criminal records. Such a discovery could make them take back a job offer or keep them from giving you a place to live. Even after your sentence is completed, you may be living with the effects of a conviction for the rest of your life. In fact, anyone with the knowledge (or who is obligated) can access much of your criminal record (including potential partners and friends) and leaves you vulnerable to the other effects of criminal charges. Mistakes that you make can follow you in life for a long time.
The Wisconsin Supreme Court continues to make life harder for criminal defendants throughout the state, broadening law enforcement’s power through its recent rulings. In one case, the Supreme Court has practically criminalized being in a “high-crime area,” allowing officers practically unlimited ability to view any ordinary behavior in these areas as a pretext to search possible suspects. With rulings like these, defendants need attorneys more than ever to help them fight illegal searches and seizures.
In any criminal case that involves physical evidence, you can expect some scrutiny from criminal defense attorneys of how law enforcement seized the evidence. One of a defendant’s basic rights in any trial is their Fourth Amendment right to be free from an illegal search or seizure. When police enter a home without a warrant, their entry will almost always be challenged. This is exactly what happened when police went into a home after smelling burning marijuana. However, in the case of In the Interest of B.W.R., the Wisconsin Court of Appeals gave officers very wide latitude for a warrantless search.
Many people associate stiff drug possession penalties with illegal narcotics such as heroin and cocaine. However, the law defines illegal possession of drugs differently. For the most part, Wisconsin law groups drugs into categories for purposes of illegal possession. Some types of prescription drugs can fall into buckets where illegal possession can merit serious jail time. Either way, you need to take drug possession charges seriously from the very first minute.