Wisconsin Criminal Defense Archives

What Happens If Police Fail to Read You Your Miranda Rights

September 23, 2026 | Court Hearings

Most people can recite some version of the Miranda warning from television or the media: the right to remain silent, the warning that anything said can be used in court, and the right to an attorney. Because these words are so familiar, many people assume that any arrest without them is automatically thrown out. That assumption is one of the most common misunderstandings in criminal defense, and it can lead people to misjudge the strength of their own case. Our criminal defense attorneys at Hogan Eickhoff regularly evaluate whether Miranda warnings were properly given in a client’s case and explain what a violation actually means for the charges a client is facing. Where the Miranda Requirement Comes From The Miranda warning takes its name from the 1966 United States Supreme Court decision in Miranda v. Arizona, which held that the Fifth Amendment protection against self-incrimination requires police to inform a … Continued

How Bail Is Set in Wisconsin, and How to Request a Reduction

September 10, 2026 | Bail

An arrest is only the beginning of a criminal case, but the hours that follow often decide whether you spend the coming weeks at home with your family or in a jail cell awaiting trial. For many people, the first real encounter with the court system happens at a bail hearing, where a judge sets the terms under which they may be released while their case is pending. The amount and conditions set at this hearing can affect a person’s job, housing, and ability to assist in their own defense. Our criminal defense attorneys at Hogan Eickhoff represent clients at bail hearings throughout Wisconsin and advocate for release terms that allow clients to keep their lives intact while their case moves forward. What Is Bail Meant to Accomplish? Bail is not a punishment. Under Wisconsin law, the purpose is to reasonably assure that a defendant appears for future court dates … Continued

Expungement Eligibility in Wisconsin: What Cases Qualify and How to Apply

August 25, 2026 | Criminal Convictions

A criminal record can follow you for years after a case is closed, showing up on background checks for jobs, housing, and professional licenses. If you were convicted of a crime in Wisconsin, you may be wondering how to clear your record in Wisconsin and whether expungement is an option. The answer depends on several factors, including the type of offense, your age at the time of the crime, and whether the judge ordered expungement at sentencing. The criminal defense attorneys at Hogan Eickhoff help clients throughout Wisconsin understand their options and pursue expungement when eligible. What Is Expungement Under Wisconsin Law Expungement is a legal process that allows certain criminal records to be sealed from public view once the terms of a sentence are successfully completed. Under Wis. Stat. § 973.015, a court may order that the record of a conviction be expunged upon successful completion of the sentence, … Continued

What Happens at a Wisconsin Preliminary Hearing?

August 15, 2026 | Court Hearings

If you have been charged with a felony in Wisconsin, one of the first major court dates you will face is the preliminary hearing. This step in the criminal process often causes confusion and anxiety, especially for people who assume it works like a trial. It does not. Nevertheless, the preliminary hearing represents an important step in your case, and it is one that cannot be ignored. The criminal defense attorneys at Hogan Eickhoff regularly represent clients at preliminary hearings throughout Wisconsin and can walk you through what to expect. The Purpose of a Preliminary Hearing A preliminary hearing is a procedural step required in felony cases in Wisconsin. Its purpose is narrow: to determine whether there is probable cause to believe a felony was committed and that the defendant committed it. This is not a determination of guilt or innocence. It is simply a check to make sure the … Continued

Can a Criminal Conviction Affect My Future Employment?

July 31, 2026 | Criminal Convictions

If you are currently facing criminal charges in Appleton, one of the biggest questions on your mind should be “what happens in court,” but “what happens after.” You may only see what is immediately in front of you, but you must also think about the future. Long after your case is resolved, the choices you make right now, whether to fight the charge, accept a plea, or pursue an alternative resolution, can shape your ability to get hired for years to come. At Hogan Eickhoff, our criminal defense lawyers help clients think through their case with an eye toward the future, not just the immediate outcome, because the two are often more connected than people realize. Possible Employment Protections in Wisconsin Wisconsin law offers real protections for people with criminal records in the hiring process, but those protections have limits. Although you cannot necessarily see into the future, you must … Continued

What to Expect if You Are Arrested for Domestic Violence

July 15, 2026 | Criminal Convictions

Being arrested for domestic violence is a frightening and disorienting experience, especially when it happens without much warning. Whether the arrest followed a heated argument that escalated or a misunderstanding that spiraled beyond your control, you must be able to make clear decisions during a stressful time. At Hogan Eickhoff, our Appleton criminal defense attorneys regularly guide clients through domestic violence arrests, and we want you to know exactly what to expect from the moment of arrest through the early stages of your case. The Arrest Itself In Wisconsin, police officers who respond to a domestic violence call are required by law to arrest a suspect if they have probable cause to believe an act of domestic abuse occurred. This is different from many other types of calls, where an officer might have discretion to simply separate the parties or issue a warning. Because of this mandatory arrest policy, even … Continued

What Constitutes Theft by Fraud in Wisconsin?

June 20, 2026 | Criminal Convictions

Most people picture theft as someone physically taking property that belongs to another person. Wisconsin law, however, recognizes that property can be stolen through deception just as easily as it can be taken by hand. Theft by fraud occurs when someone obtains another person’s property by lying to them, and prosecutors across the state pursue these charges aggressively. A conviction can result in jail or prison time, steep fines, and a permanent criminal record that follows you for life. If you are facing a theft by fraud charge, the criminal defense attorneys at Hogan Eickhoff can explain the allegations against you and begin building your defense right away. Wisconsin’s Theft by Fraud Statute Theft by fraud is defined in Wisconsin Statute Section 943.20(1)(d). Under this provision, a person commits theft by fraud when they obtain title to the property of another person by intentionally deceiving that person with a false … Continued

Can You Refuse a Breathalyzer in Wisconsin?

June 10, 2026 | Criminal Defense Attorney

It is one of the most common questions drivers ask after a traffic stop goes wrong: can you refuse a breathalyzer in Wisconsin? The short answer is that you can physically refuse, but doing so carries serious and automatic consequences for your driver’s license, and it will not necessarily keep the State from obtaining evidence against you. Wisconsin’s implied consent law makes refusal its own violation, separate from any drunk driving charge. If you have been arrested for OWI or cited for refusing a chemical test, the criminal defense attorneys at Hogan Eickhoff can protect your license and your record. Understanding how the law works is the first step. Wisconsin’s Implied Consent Law Under Wisconsin Statute Section 343.305, anyone who drives on Wisconsin roads is deemed to have already consented to chemical testing of their breath, blood, or urine when a law enforcement officer has probable cause to believe they … Continued

What is Clemency in Wisconsin, and How Can it Help Me?

May 25, 2026 | Criminal Convictions

If you or a loved one is serving a sentence that feels unjust, excessively harsh, or no longer reflects the circumstances of your case, clemency may offer a path forward. Clemency is a formal act of mercy granted by a government authority, allowing sentences to be reduced, suspended, or erased entirely. It exists outside the traditional appeals process and can provide relief when the courts cannot. It helps your application when you have an experienced Appleton criminal defense lawyer at Hogan Eickhoff guiding you. Clemency is a direct and special relief that you can only obtain directly from the Governor of Wisconsin. Clemency describes leniency that the Governor may give to you or an incarcerated loved one. It is an umbrella category that encompasses relief that can either reduce a jail sentence or eliminate the conviction altogether. The following are forms of relief that you can receive through the clemency … Continued

What Does the Wisconsin Governor Consider in a Commutation Request?

May 11, 2026 | Criminal Convictions

When you are seeking commutation, whether it is on behalf of yourself or a loved one, the application will be considered by the Governor. Before the decision reaches the Governor’s desk, it will be reviewed by a board, which will provide a recommendation. The board and the Governor will consider a number of factors before reaching a decision on the application. A criminal defense lawyer at Hogan Eickhoff can help highlight factors that are in your favor on your petition. Since there is no legal right to commutation, the decision made by the Governor is highly discretionary. They can make their decision for any number of reasons. Not only will the Governor consider certain facts about you and your situation, but they may also consider certain political factors, and that is within their right. At the same time, the Governor may also consider the public interest in your case. You … Continued