A Guide to Your Miranda Rights

March 7, 2023 | Constitution

Many people have the exact phrasing of Miranda Rights memorized after years of watching courtroom television. However, they may not exactly understand what these rights are and how they come into play in a criminal trial. Whether police officers have properly read you your rights can impact your entire criminal trial.

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Three Ways Prescription Drugs Can Lead to Criminal Charges

October 18, 2022 | Constitution

Prescription drugs may have multiple uses. While you may need them for a certain purpose, others may have their own needs for them, some of which may be illegal. Something that is completely legal may cross a line if it is used incorrectly or illegally distributed. You can still face criminal charges for misusing prescription drugs even after your physician had written up a legitimate prescription – in some cases, even when the need was genuine. OWI for Operating a Vehicle Under the Influence It is important that you read the instructions that go along with your prescription drugs. Some may advise you that you should not operate any type of heavy machinery for a certain period of time after taking the medication. Heavy machinery, in this case, will include a car. Some prescriptions may have a similar impact on alcohol or drugs. Wisconsin OWI law is not just centered … Continued

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Five Mistakes People Make After an Arrest

October 5, 2022 | Arraignment

Being arrested and charged with a crime already puts you in enough legal jeopardy. There are things that you can do that can actually make your own legal situation worse. Nearly all of these mistakes are made by people who do not have an experienced criminal defense attorney. The longer you go without legal representation, the more likely you are to make an error that can handicap your criminal defense. What follows are common mistakes that defendants make that may increase the chances of being convicted or can lead to stiffer penalties when they are sentenced. You should retain counsel immediately to avoid making them. Speaking to Law Enforcement (Especially Without an Attorney Present) Some people may think that they can just give their side of the story to law enforcement and talk their way out of trouble. Talking is perhaps the worst thing that you can do after you … Continued

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How Does an Innocent Person End Up in the Court System?

September 20, 2022 | Arraignment

Many people think that the protections of the legal system are enough to keep an innocent person from being convicted of a crime. However, the mere fact that an innocent person is in the court system is a large problem in itself. They are subject to an extreme amount of pressure and stress. They must also expend large amounts of money on legal defense. Any time that someone is in the legal system, there is a risk of conviction and jail time. If you have been charged with a crime that you did not commit, you need an attorney immediately.

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How Social Media Can Affect a Pending Criminal Case

September 9, 2021 | Constitution

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.

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When Can Police Conduct a Warrantless Search of a Vehicle?

April 6, 2021 | Constitution

Police will usually try to do everything that they can to have a reason and an excuse to execute a search without a warrant. Whether it is for convenience or effectiveness, they want to be able to search you right now as opposed to having to show probable cause for a search warrant from a magistrate. While this may conflict with your constitutional rights, there are circumstances in which law enforcement can conduct a warrantless search. This includes being able to search your car at times without a warrant. If law enforcement has conducted a search without a warrant, contact Hogan Eickhoff today!

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