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

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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

Read More

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

Read More

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

Read More

In Wisconsin, Traffic Stops Can Turn Into Expansive Investigations

August 29, 2019 | Criminal Defense Attorney

At Hogan Eickhoff, we know that traffic stops are the most common form of police contact in the United States, and law enforcement often uses traffic stops as an opportunity to determine whether a driver is impaired, carrying contraband, or involved in some other illegal activity. The 4th Amendment to the, however, prohibits unreasonable searches and seizures and limits how and when officers can stop people and search them, their belongings, and their homes.

Read More