constitutional rights Archives

Overview of Constitutional Protections During the Criminal Process

April 10, 2026 | Constitution

From the moment of investigation through trial and sentencing, the Constitution provides critical protections designed to ensure fairness and prevent government overreach. If you can show that the government has violated your rights, you may be entitled to remedies, such as having evidence thrown out or even getting the charges against you dismissed. It is vital that you know your rights at all times, and criminal defense lawyers at Hogan Eickhoff can explain them to you. Fourth Amendment The Fourth Amendment provides you with protection from unreasonable searches and seizures. Law enforcement is allowed to conduct searches under certain circumstances. The general requirement is that law enforcement must seek a warrant prior to conducting a search. They must demonstrate to a magistrate that there is probable cause to believe that a crime has or is being committed. Once the magistrate grants the search warrant, law enforcement can only conduct the … Continued

Understanding Search and Seizure Laws: Protecting Your Rights

June 10, 2025 | Constitution

Both the federal and Wisconsin Constitutions contain prohibitions against unreasonable searches and seizures that protect you to an extent in criminal cases. The Fourth Amendment to the United States Constitution guarantees the following: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” In many circumstances, understanding your rights isn’t enough to protect them. Read on to learn more about the complexities of search and seizure laws and how a skilled criminal defense attorney from Hogan Eickhoff can help you if you think your rights were violated.

The Importance of Early Legal Representation in Criminal Cases

May 27, 2025 | Constitution

Although the criminal defense process may be lengthy, much happens immediately following your arrest. What occurs in these early moments could set the stage for the rest of the criminal defense process. If you make any key mistakes during this time, or you miss a chance to go on offense when the situation calls for it, it may be far more difficult for you to obtain the best possible legal result. Accordingly, you need to contact a criminal defense attorney from Hogan Eickhoff early in the legal process. They can immediately go to work to protect your legal rights and begin to plot the legal strategy of your defense.

Bail Hearings and Pre-Trial Release: What to Expect

January 28, 2025 | Bail

When you have been charged with a crime, your freedom while you are awaiting the final outcome of your case is not guaranteed. The judge would have to decide whether you can be released before you were to stand trial or whether you must remain in jail while you await trial. Before the judge can make this decision, you are entitled to due process and the right to be heard. Below, we will talk through what you can anticipate before a trial and how a criminal defense attorney at the firm of Hogan Eikhoff can represent you at any pre-trial hearings.

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The Role of Miranda Rights in Criminal Defense Cases

April 2, 2024 | Criminal Defense Attorney

We’ve all seen it in movies and television shows when a police officer arrests someone: the officer says, “You have the right to remain silent, you have the right to an attorney,” and so on. This warning is what is known as a person’s Miranda rights or a Miranda warning, and it serves an important legal function in our criminal justice system. Any errors in the way police advise you about your Miranda rights could result in your statements being inadmissible in court – which could have a significant impact on the outcome of your case.

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Understanding Your Miranda Rights in Wisconsin

July 18, 2023 | Constitution

The United States Supreme Court came to the decision that the Fifth Amendment to the United States Constitution forbade prosecutors from using a person’s statements made in response to interrogation in police custody as evidence at their trial unless they can prove the person was informed of their right to consult with a criminal defense attorney before and during questioning, and the person not only understood their rights but also voluntarily waived them, in the landmark case of Miranda v. Arizona, 384 U.S. 436 (1966). Miranda had an immediate impact on law enforcement throughout the United States, making the Miranda warning a matter of routine for police procedure and the practice becoming known as “Mirandizing.”

Constitutional Rights in Wisconsin Criminal Cases

July 5, 2023 | Constitution

The United States Constitution is the supreme law of the country, and the first 10 amendments to the Constitution were known as the Bill of Rights. In total, there have been 33 amendments to the Constitution proposed by the United States Congress and sent to the states for ratification, with 27 being ratified by the requisite number of states and becoming part of the Constitution, six being adopted by Congress and sent to the states but not ratified by the required number of states, four still pending, one being closed and failing on its own terms, and one being closed and failing by the terms of the resolution proposing it.

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.

Should You Talk to the Police without a Lawyer Present?

April 21, 2020 | Criminal Defense Attorney

Criminology and police psychology are mandatory courses for most Outagamie County detectives. Appleton criminal investigators count on suspects believing that hiring an attorney or refusing to speak with police officers will indicate their guilt but that openly speaking with officers will ease suspicion. Truthfully, if you’ve been asked to “come down to the station” or otherwise submit to police questioning, the police already suspect you of a crime. Nothing you say or do will prove your innocence at this stage of the investigation, but speaking with police officers can certainly prove your guilt. For this reason, you should always have a lawyer present when you’re questioned by the police.