The Sixth Amendment to the United States Constitution entitles you to a jury trial in a criminal case. You will have your proverbial “day in court,” where the prosecution will present the evidence against you in the form of witnesses. You will also have the right to put on your own case. Here is what you can expect at a criminal trial in Wisconsin.
If you have been convicted of a crime in Wisconsin, it is far from the end of the legal story in your case. The law gives the judge the discretion to impose a sentence in your case. There is a wide range of potential that could range from probation to the maximum possible period of incarceration under the law. The judge may consider a number of factors before they reach their decision. Two defendants could receive entirely different sentences based on their own personal situations, both in life and surrounding the crime that was committed. One key concern in any sentencing proceedings is mitigating factors.
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.
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.
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.
Prescription drugs may have multiple uses. While you may need them for a certain purpose, others may have their own needs for them, some of which may be illegal. Something that is completely legal may cross a line if it is used incorrectly or illegally distributed. You can still face criminal charges for misusing prescription drugs even after your physician had written up a legitimate prescription – in some cases, even when the need was genuine. OWI for Operating a Vehicle Under the Influence It is important that you read the instructions that go along with your prescription drugs. Some may advise you that you should not operate any type of heavy machinery for a certain period of time after taking the medication. Heavy machinery, in this case, will include a car. Some prescriptions may have a similar impact on alcohol or drugs. Wisconsin OWI law is not just centered … Continued
Being arrested and charged with a crime already puts you in enough legal jeopardy. There are things that you can do that can actually make your own legal situation worse. Nearly all of these mistakes are made by people who do not have an experienced criminal defense attorney. The longer you go without legal representation, the more likely you are to make an error that can handicap your criminal defense. What follows are common mistakes that defendants make that may increase the chances of being convicted or can lead to stiffer penalties when they are sentenced. You should retain counsel immediately to avoid making them. Speaking to Law Enforcement (Especially Without an Attorney Present) Some people may think that they can just give their side of the story to law enforcement and talk their way out of trouble. Talking is perhaps the worst thing that you can do after you … Continued
Many people think that the protections of the legal system are enough to keep an innocent person from being convicted of a crime. However, the mere fact that an innocent person is in the court system is a large problem in itself. They are subject to an extreme amount of pressure and stress. They must also expend large amounts of money on legal defense. Any time that someone is in the legal system, there is a risk of conviction and jail time. If you have been charged with a crime that you did not commit, you need an attorney immediately.
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.
Even though prosecutors must prove their case beyond a reasonable doubt to obtain a conviction, they have a number of advantages over criminal defendants. While the law demands that you are innocent until proven guilty, prosecutors have a number of powerful tools that they can use to further their chances of winning a conviction, making it even more important for you to have a tough and experienced criminal defense attorney.