Wisconsin Plea Bargain FAQ

July 14, 2020 | Criminal Defense Attorney

What are plea bargains, and what can they do? Plea agreements also referred to as plea bargains or plea deals, are contracts entered into between criminal defendants and local prosecutors. In exchange for pleading guilty to one or more criminal charges, prosecutors may agree to do the following: Recommend a more lenient sentence or alternative arraignment to the court Drop certain charges Not bring additional charges based on newly discovered evidence Not file certain documents that would result in sentencing enhancements Speak to the court about your cooperation and character throughout the criminal process The vast majority of criminal defendants charged with a Wisconsin felony accept a plea deal. However, agreements exist only between the defendant and local prosecutors. They do not bind the judge or the courts. Appleton judges may accept a guilty plea but refuse to impose the recommended sentence, and this will not generally nullify a plea … Continued

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Should I Get a Lawyer for Misdemeanor Charges?

June 23, 2020 | Criminal Defense Attorney

Unlike certain traffic infractions, misdemeanor convictions appear on your criminal record. Misdemeanors often carry serious consequences, including imprisonment, fines, and probation. Just because felony convictions bear more substantial collateral penalties does not mean defendants should forgo their right to an Appleton misdemeanor defense lawyer.

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Wisconsin Marijuana Charges Can Result in Serious Legal Penalties

June 10, 2020 | Criminal Defense Attorney

No. Marijuana remains illegal in Wisconsin for both recreation and medical use. Wisconsin has some of the firmest anti-marijuana laws in the United States. Canada, Michigan, and now Illinois all permit recreational marijuana possession and use. As such, many first-time offenders unassumingly bring marijuana into the state without considering the consequences.

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For Students, Drug Charges are a Particularly Serious Matter

April 9, 2020 | Criminal Defense Attorney

Wisconsin has some of the strictest drug laws in the nation. Marijuana is illegal at both a state and federal level, and Wisconsin drug charges often carry serious felony-level consequences. Wisconsin students are particularly vulnerable to the direct and collateral consequences of a Wisconsin drug conviction. From difficulties obtaining financial aid and student housing to rejection or dismissal from Wisconsin universities, a single drug offense can have lifetime consequences for students.

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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

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Marijuana Charges Are Still a Serious Matter in Wisconsin

January 21, 2020 | Drug Defense Lawyer

With a quick step over the Wisconsin border to Michigan’s upper peninsula, marijuana goes from fully illegal to completely legalized. Recreational pot is also legal in Canada and has been partially decriminalized in Minnesota. All around Wisconsin, cannabis is available for legal recreation and/or medical use, but Wisconsin residents must proceed with caution. Legally purchasing medical or recreational pot in another state or country does not mean the marijuana becomes legal in Wisconsin. Transporting marijuana over state or international borders is actually a federal drug offense and illegal in Wisconsin. In fact, possession of marijuana is a felony in all but limited circumstances, and Wisconsin has some of the most repressive marijuana laws in North America.

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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

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Pretrial Release in Wisconsin

September 12, 2019 | Legal Advice

In our role as Appleton criminal defense attorneys, individuals regularly contact us with issues related to pretrial release – specifically cash bail and bond conditions. While these terms are often used interchangeably by lawyers, judges, and others in the criminal justice system, technically, bond refers to the conditions of pretrial release, and bail refers to a monetary condition of bond (money you put up to get out of jail). Once you have attended all court appearances and your case is disposed of, you should get any bail you posted back. The Eighth Amendment to the United States Constitution states that “excessive bail shall not be required.” In addition, when you have been arrested and are awaiting trial, Wisconsin law allows you to be released under “reasonable conditions.” These conditions are designed to: Assure your appearance in court Protect members of the community from serious bodily harm Prevent the intimidation of … Continued

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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.

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Wisconsin Court of Appeals: Confession Provided By Mentally Disabled Man Under Police Pressure Admissible

August 13, 2019 | Criminal Defense Attorney

When the police interrogate a person who is suspected of a crime, they are trying to obtain evidence and, if possible, a confession. In order for a confession to be admissible in court, it must be made voluntarily, however, and the tactics that police often use when interrogating suspects may call into question whether a confession was voluntary or not. As a result, criminal defendants who have provided confessions while being questioned by police often move to have their confession excluded from evidence based upon the conduct of law enforcement at the time they made their confession.

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