The Sixth Amendment to the United States Constitution entitles you to a jury trial in a criminal case. You will have your proverbial “day in court,” where the prosecution will present the evidence against you in the form of witnesses. You will also have the right to put on your own case. Here is what you can expect at a criminal trial in Wisconsin.
Kyle Rittenhouse was an 18-year-old man charged with reckless homicide and intentional homicide in the shooting of three men during protests against the shooting of a black man, Jacob Blake, by a white police officer in Kenosha in 2021. Rittenhouse’s defense attorneys argued that Rittenhouse was the person facing danger, with one man trying to attack Rittenhouse with a skateboard and Rittenhouse only defending himself against his would-be attackers.
The United States Supreme Court came to the decision that the Fifth Amendment to the United States Constitution forbade prosecutors from using a person’s statements made in response to interrogation in police custody as evidence at their trial unless they can prove the person was informed of their right to consult with a criminal defense attorney before and during questioning, and the person not only understood their rights but also voluntarily waived them, in the landmark case of Miranda v. Arizona, 384 U.S. 436 (1966). Miranda had an immediate impact on law enforcement throughout the United States, making the Miranda warning a matter of routine for police procedure and the practice becoming known as “Mirandizing.”
The United States Constitution is the supreme law of the country, and the first 10 amendments to the Constitution were known as the Bill of Rights. In total, there have been 33 amendments to the Constitution proposed by the United States Congress and sent to the states for ratification, with 27 being ratified by the requisite number of states and becoming part of the Constitution, six being adopted by Congress and sent to the states but not ratified by the required number of states, four still pending, one being closed and failing on its own terms, and one being closed and failing by the terms of the resolution proposing it.
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.
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
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
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.
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.
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!