Wisconsin Criminal Defense Archives

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

New Executive Orders Institute a Commutation Process in Wisconsin

April 25, 2026 | Criminal Convictions

Governor Evers recently signed two Executive Orders relating to commutations of sentences. Executive Order 287 creates an advisory board to evaluate requests for these actions. Executive Order 288 creates a process to evaluate commutations for life sentences imposed for crimes that the defendant committed as a juvenile. These Executive Orders are intended to reform Wisconsin’s criminal justice system and to restore a process that has not been utilized in the state for 25 years. As such, it is essential that you understand the forms of relief available to you and the differences between them, which you can learn by speaking with a criminal defense lawyer at Hogan Eickhoff. Executive Order 287 Signed by Governor Tony Evers on April 3, 2026, Executive Order 287 restores Wisconsin’s commutation process for the first time in over 25 years. A commutation reduces a prison sentence and differs from a pardon, which only restores certain … Continued

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

Will I Go to Jail for a Felony Offense?

March 24, 2026 | Criminal Defense Attorney

If you have been charged with a felony in Wisconsin, imprisonment is a possibility, but not a certainty. The reality is that a felony conviction carries the possibility of prison time, but whether you will actually serve time behind bars depends on a number of factors, including the class of the felony, your criminal history, the specific circumstances of your case, and the strength of your legal defense. The criminal defense attorneys Hogan Eickhoff believe that every person facing a felony charge deserves honest answers and an aggressive advocate. Contact us right away if you have been arrested or charged for a felony offense. How Wisconsin Classifies Felonies Wisconsin divides felony offenses into nine classes, labeled A through I. The earlier the letter in the alphabet, the more serious the offense and the harsher the potential penalty. Class A felonies, which include crimes like first-degree intentional homicide, carry a maximum … Continued

How an OWI Conviction Can Affect Your Livelihood

March 10, 2026 | Criminal Defense Attorney

Most people facing an OWI charge in Wisconsin think first about the immediate consequences, such as fines, license suspension, and the possibility of jail time. Those are serious concerns, but the long-term impact on your career and financial stability can be just as devastating, and in some cases, far more lasting. A conviction follows you well beyond the courthouse, reaching into your workplace, your professional licenses, and your ability to earn a living for years to come. At Hogan Eickhoff, our criminal defense attorneys have seen firsthand how a single OWI conviction can derail careers that took years to build. We know what is at stake, and this is one of the most compelling reasons to fight your charge from the very start. Jobs That Require a Clean Driving Record If your job involves getting behind the wheel in any capacity, an OWI conviction creates an immediate problem. Employers in … Continued

Understanding Wisconsin’s Self-Incrimination Protections

February 20, 2026 | Court Hearings

As a defendant, what you say can matter greatly in your criminal case. Your own words can be used against you in court, as confessions or anything you say that implies guilt can be powerful evidence for prosecutors. This means that law enforcement wants you to speak with them, so they can gather any evidence against you. Always remember that law enforcement is not out to help you when asking questions, and self-incrimination is a huge risk when you do not have the proper representation from a criminal defense lawyer.You have rights against self-incrimination, including the right to remain silent during law enforcement questioning and the right not to serve as a witness against yourself in a criminal proceeding. If law enforcement violates these rights, your criminal defense attorney can often use it to the benefit of your defense.Call Hogan Eickhoff right after an arrest so we can exercise your … Continued

How Prior Convictions Can Affect Current Criminal Cases

February 10, 2026 | Court Hearings

The facts of a criminal case in the eyes of a judge or prosecutor can become worse based on what you may have been convicted of in the past. In some cases, a statute could have a specific enhanced penalty for those who are repeat offenders. In other cases, a prosecutor may seek a more stringent sentence (or the judge could impose one) based on your criminal history. Whether you are facing first-offense charges or a repeat offense case, an Appleton criminal defense attorney at Hogan Eickhoff can work to protect your legal rights and seek the best possible outcome in your case.Some Criminal Offenses Automatically Have Repeat Offender EnhancementsNumerous criminal statutes in Wisconsin provide for enhanced charges based on repeat offenses. Operating a vehicle while intoxicated (OWI) is one particularly common example. The type of charges that you will face, and the penalty if you are convicted, become more … Continued

Defendant at Initial Appearance, near Appleton, WI

Defending Against Weapons Charges in Wisconsin

January 20, 2026 | Court Hearings

Even if you have been charged with weapons violations in Wisconsin, a conviction is not a foregone conclusion. You still have multiple legal options available to you. It may be possible to successfully defend against these charges, but you must act now to secure a criminal defense lawyer and begin work on your case. Once you have an attorney, they can review the circumstances of your case to help determine whether you have any valid defenses to the charges against you.The experienced Appleton criminal defense attorneys at Hogan Eickhoff can provide you with common-sense and hard-hitting legal representation when you are facing weapons charges in Wisconsin. The sooner you call, the sooner we can begin building a strong defense tailored to the specifics of your case.Common Weapons Charges in WIWisconsin law imposes serious penalties for weapons offenses, with charges ranging from misdemeanors to felonies, depending on the circumstances. Common weapons … Continued

How a Criminal Record Can Impact Employment and Housing Opportunities

June 24, 2025 | Criminal Convictions

Criminal defense attorneys will tell you that there are consequences of a criminal conviction, beyond the time that you may serve in prison. Not only reputational effects from a conviction, but it can also lead to other collateral impacts on your life. You may find that you have difficulty finding a job or housing due to a criminal record. These are all factors that you need to consider when you have been charged with a crime and are deciding whether to plead guilty or fight the charges against you. Although these impacts may not be determinative of the choice that you ultimately make, they are certainly things that you would need to consider in consultation with your criminal defense attorney after you have hired them. Below, we will explore these ideas further and discuss how a dedicated criminal defense attorney from Hogan Eickhoff can help you if you face criminal … Continued