Legal Advice Archives » Page 3 of 10

What is a Sentencing Hearing and What Happens During One?

February 21, 2023 | Court Hearings

Sentencing is when the court imposes a punishment on the defendant after they have been found guilty at trial or has pled guilty to a crime. A judge will hold a hearing before they render their decision about the criminal sanctions for the defendant. The sentencing hearing is a tremendously stressful proceeding for the defendant because they literally learn their own fate. The defendant has a right to be heard before the judge hands down a sentence.

Criminal Defense Attorney in Appleton, WI

What are Pretrial Conferences and What Happens During Them?

February 7, 2023 | Court Hearings

There are numerous things that must be considered before trial that are far more than just “housekeeping” items. The actual trial is where your freedom is at stake, and the court system takes it extremely seriously. Criminal trials are coordinated and planned to an extent to allow both the state and you to effectively present their case. The pretrial conference is a critical milestone in your case because it both sets the ground rules for the trial and could even facilitate a resolution of your case.

What to Expect at a Preliminary Hearing

January 17, 2023 | Court Hearings

There is much that happens early in your case, well in advance of trial. In the beginning, you must learn of your legal rights and enter a plea (as you do in the initial appearance), and the basis for the case against you must be established. There is a screening process to weed out weak cases because forcing you to trial on a vague and unestablished case is inconsistent with your legal rights.

Defendant at Initial Appearance, near Appleton, WI

What to Expect at an Initial Appearance

January 3, 2023 | Arraignment

You may be more familiar with another term for an initial appearance – an arraignment. The initial appearance is exactly what its name implies – it is your first time in front of a judge in your criminal case.

What to Do if You Are Pulled Over for OWI This Holiday Season

December 20, 2022 | Criminal Defense Attorney

OWI arrests throughout Wisconsin often increase dramatically over the holiday season. People celebrate the holidays at gatherings where alcohol is served. Accordingly, police departments increase enforcement efforts during the holiday season to deter and catch drunk drivers. Christmas and New Year’s Eve are among the days when there is the highest number of OWI arrests.

The Difference Between a License Suspension and Revocation in Wisconsin

December 6, 2022 | Criminal Convictions

If you have been convicted of certain traffic offenses, you may lose your right to drive for a certain period of time. There are various terms that the law uses for the loss of your ability to drive. The two most common terms are revocation and suspension of your driver’s license. Although these terms are largely the same, there are some key differences of which you should be made aware by your attorney. While you do not have full driving privileges, you will be punished far more seriously when you are caught driving with a revoked license.

Four Tips for Building A Strong Criminal Defense

November 22, 2022 | Arraignment

What you do after you have been arrested and charged with a crime could dictate whether you face legal consequences and how serious they are. You can help or hurt your own criminal defense based on your own actions. Regardless of the charges against you, there are things that you can do to put yourself in the position to get the best possible legal outcome in your case. Here are four tips for you to consider as you seek to build the strongest possible criminal defense in your case. Hire an Experienced Attorney Immediately You should never try to face the criminal justice system on your own. Law enforcement has seemingly unlimited resources that they can use in your case. You are up against an experienced prosecutor who knows the process well. Although they may have many cases on their docket, they know how to move along the ones that … Continued

Tips for Managing Finances After An Arrest

November 10, 2022 | Criminal Defense Attorney

Being arrested presents challenges and numerous areas of your life. Besides your mental health and reputation, an arrest could challenge your finances. You will need to have money to pay for legal defense, so you must manage your finances during this time, as difficult as it may seem. You Cannot Spend as if Nothing Is Happening There are no two ways around the fact that you will need to cut back your spending until your case is resolved. If your case involves potential jail time, your family will need to survive while you are in prison. You will also need money to pay for your legal defense. You simply cannot continue to spend like you were before the arrest because a criminal defense costs money. You should inventory your expenses to figure out what you can eliminate or reduce. Ideally, you should reduce your expenditures to the bare minimum possible … Continued

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

Don't Agree To Be Interviewed By The State Prosecutor Without Your Attorney Present

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