Understanding the Role of the Prosecutor in a Criminal Case

May 23, 2023 | Criminal Defense Attorney

When conferring with your criminal defense lawyer, you will often hear them speak of what the prosecutor is doing and what they may be thinking. The prosecutor plays a vital role in the criminal justice system, and how they proceed could determine your freedom and future.

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The Top Defenses Used in Criminal Cases in Wisconsin

May 9, 2023 | Criminal Defense Attorney

The prosecutor has the legal obligation to prove each element of the alleged offense beyond a reasonable doubt. Even if they believe they have the evidence, it does not automatically mean that you will be convicted. For each charged offense, there may be an effective legal defense that keeps the prosecutor from being able to prove the crime. Depending on your defense, you may have your own obligation to prove each individual element. Some of these defenses amount to saying, “yes, I did what I was accused of, but there is a valid legal reason for it.” Here are some defenses that are used in Wisconsin criminal cases.

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What to Expect During a Criminal Trial in Wisconsin

April 18, 2023 | Court Hearings

Very few criminal cases will actually go to trial. Most cases result in a plea agreement with the prosecutor, where the defendant pleads guilty in exchange for a lighter sentence or lesser charges. However, you can and should fight the charges against you all the way to trial if the prosecutor does not have the evidence to prove your guilt. Here is what is in store for you if your Wisconsin criminal case goes to trial.

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Common Mistakes to Avoid When Facing Criminal Charges

April 4, 2023 | Court Hearings

What you do once you learn you are being investigated or have been criminally charged can affect the outcome of your case. There is little that you can do on your own to make your situation better. Unfortunately, there are many mistakes that you can make that can make your situation worse. Law enforcement will do everything that they can to win a conviction, and your mistakes can make their life easier. The way to avoid making crucial errors that can muddy your legal situation is to contact an attorney. Your lawyer will advise you about what not to do, and they will deal with the prosecutor on your behalf.

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A Guide to Your Miranda Rights

March 7, 2023 | Constitution

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.

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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.

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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.

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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.

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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.

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