Everyone is familiar with the courtroom scene where the lawyer stands up and says, “Objection, your honor.” The judge then rules on the objection, deciding whether to sustain it or overrule it. If the judge sustains the objection, opposing counsel cannot continue with that line of questioning. Your lawyer must be quick on their feet, or else you would lose the right to object. In other words, silence amounts to a waiver of the objection.
If you are facing criminal charges, caution is the best course to follow in all areas of your life. You never quite know what you say to others may come back to hurt your criminal defense. Even worse may be information that you put out into the public realm for everyone to see. Social media may give a prosecutor the ammunition that they need to convict you of the charges. Here are several ways that your posts could be used against you.
If you have been charged with a crime in Wisconsin, your lawyer will look for all possible defenses to see if there is a way to fight the charges. Depending on the facts, there are a wide variety of legal defenses available. Here are some of the possible ways that you can try to contest the case against you that the prosecution brings.
The Wisconsin Supreme Court continues to make life harder for criminal defendants throughout the state, broadening law enforcement’s power through its recent rulings. In one case, the Supreme Court has practically criminalized being in a “high-crime area,” allowing officers practically unlimited ability to view any ordinary behavior in these areas as a pretext to search possible suspects. With rulings like these, defendants need attorneys more than ever to help them fight illegal searches and seizures.
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.
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.
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.
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.
If you have recently been accused of a misdemeanor offense, you may be wondering whether you really need to retain an attorney. While it’s certainly true that misdemeanors are less serious than felonies, the fact is that any criminal conviction can result in significant legal and collateral consequences that have the potential to affect nearly every aspect of your life. For this reason, if you have been arrested or received a summons for any criminal charge – whether it’s a misdemeanor or a felony – you should absolutely call an Appleton criminal defense attorney as soon as you can.