After the arraignment and before the trial, defendants can go through a preliminary hearing. It is optional, but it is something that you should take advantage of because the hearing can help you now and in the future.
An arraignment is your initial appearance in court for your criminal defense case. It is one of your constitutional rights to be presented with the charges against you. It is one of the defendant’s first chances to appear in front of the judge, even though your case will not be won at an arraignment. However, do not make the mistake of thinking that the arraignment is a formality.
Defense attorneys often rely on expert witnesses in making their case to the jury. In actuality, these can be a broad category of people who can provide different types of assistance to the defense’s case. Given that the prosecutor must prove their case beyond a reasonable doubt, an expert witness could help cast doubt on the case being made against you. The type of expert witness that you may use depends on the case against you. Most of us think that an expert witness will take the stand to give their opinion on the evidence against you. As you will see below, that is typically the case, but not always so.
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.
Who you choose as a criminal defense attorney could make a large difference in the outcome of your case. Not every attorney is the same. Different attorneys have varying styles, and some make work better for your situation. Between price, level of service, and legal strategy, you are putting quite a bit in your lawyer’s hands. Oftentimes, you do not have a long period of time to decide on a lawyer. Here are some things to look for when you are choosing a criminal defense attorney.
The rules about removing arrest records in Wisconsin can be complex. You have every interest in having a clean record. Arrests and convictions can show up on a background check, and they can harm your ability to move on with your life. If expungement or removal is an option for you, it is something that you should certainly pursue. First, you need to understand the state’s laws and how to get the information removed.
People who have been convicted of a crime could face consequences years into the future. So long as the crime remains on your record, others will be able to view it with a simple background check. When you are trying to find a job or a place to live, a background check could complicate things for you. Currently, Wisconsin is in the process of changing its laws to make expunging criminal records easier, in line with a national trend of criminal justice reform. However, the current laws are more restrictive. Nonetheless, it is possible to remove some convictions from your record.
Although momentum seems to be on the side of criminal justice reform and allowing for broader abilities to expunge criminal records, the Wisconsin Court of Appeals did not exactly see it this way in a recent case. The court would not allow expungement of a defendant’s criminal record when he was discharged from probation. In order to be fully eligible for possible expungement, defendants need to complete their sentence in full, no matter the circumstances. To ensure your best chances of expunging your criminal record, make sure to hire a criminal defense attorney as soon as possible.
In any criminal case that involves physical evidence, you can expect some scrutiny from criminal defense attorneys of how law enforcement seized the evidence. One of a defendant’s basic rights in any trial is their Fourth Amendment right to be free from an illegal search or seizure. When police enter a home without a warrant, their entry will almost always be challenged. This is exactly what happened when police went into a home after smelling burning marijuana. However, in the case of In the Interest of B.W.R., the Wisconsin Court of Appeals gave officers very wide latitude for a warrantless search.
Many people associate stiff drug possession penalties with illegal narcotics such as heroin and cocaine. However, the law defines illegal possession of drugs differently. For the most part, Wisconsin law groups drugs into categories for purposes of illegal possession. Some types of prescription drugs can fall into buckets where illegal possession can merit serious jail time. Either way, you need to take drug possession charges seriously from the very first minute.