There’s plenty of misconceptions regarding how the legal system works in Wisconsin. One of the most common (and most harmful) misconceptions is a defendant won’t need a lawyer because they’re not guilty. Another mistake is someone won’t contact a lawyer because so far, their case consists “only of accusations.”
These giant mistakes can lead to jail time.
Many of our clients are incredibly smart, talented individuals. However, having a successful defense case demands a lawyer with in-depth experience and knowledge which anyone outside of criminal law practice simply won’t have. Contact our team at Hogan Eickhoff to schedule a consultation today.
First, it’s important to understand there’s a large gap in understanding law which is written in books and the actual practice of law. Reading Wisconsin law books won’t help you win your case, no matter how much you’ve read. It takes years of practice and studying law to become an attorney, and further years of practicing law after passing the bar exam to properly handle a case. It’s better to let a professional handle the heavy lifting.
Furthermore, the attorney can give perspective on your case, providing a valuable and honest opinion of where your case stands and what the possible outcomes could be. Your attorney will know what evidence to look for, how to communicate on your behalf with police, judges and prosecutors and will build your case for the best possible outcome.
In some situations, an experienced criminal defense attorney can stop a case from even making it to jury courtroom.
Another misconception of criminal law is that an alleged victim of a crime files criminal charges against a defendant. This is not true. A state or federal prosecutor looks over criminal cases and decides what charges are going to be filed or if charges or going to be filed at all.
For example, in a domestic violence case, an alleged victim and the defendant might agree to have charges dropped. But only the prosecutor has the power not to file criminal charges (this is known as prosecutorial discretion). In this case, a criminal defense attorney could talk with the prosecutor on the defendant’s behalf to stop charges from being filed. In other situations, an attorney serves as a powerful negotiator and could have charges lessened depending on different factors of a case.
Another valuable insight an experienced attorney can provide is determining probable cause. It’s nearly impossible for defendants to determine the probable cause of their cases on their own. When your attorney looks at your case and assesses the evidence, only they can conclude there’s very little probability you’ve committed the crime you’re accused of based on evidence provided. In this situation, your attorney could talk with the prosecutor and convince them not to persue charges. This would not be possible to do on your own.
Perhaps the largest reason to hire an attorney is to put a barrier between you and talking to the police. If you remember anything, remember this: even if you’re completely innocent of the allegations against you, never talk to the police without an attorney present. You have no idea what you’ll say to the police which they’ll use as admissible evidence, everything told to the police must be well thought out and approved by an attorney.
Have you been accused of a crime and need help? Contact Hogan Eickhoff at (920) 450-9800 to talk with a professional Wisconsin criminal defense attorney.
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