“Good time” in Wisconsin

Defendants in criminal cases often don’t understand good time.  Does it apply to prison?  Is it only in jail?  How is it calculated? Good time only applies to county jail sentences Section 302.43 of the Wisconsin Statutes provides the guidelines for good time.  “Every inmate of a county jail is eligible to earn good time in…

CONTINUE READING

Standardized field sobriety tests – What are they and what are they looking for?

Before you’re arrested for a drunk driving offense law enforcement will typically ask you to complete a series of standardized field sobriety tests.  The three tests most commonly used by law enforcement in Wisconsin are 1) Horizontal Gaze Nystagmus (HGN); 2) Walk and Turn; and 3) One-Leg Stand.  Although officers may throw in a few non-standardized tests,…

CONTINUE READING

Grand Jury’s Decision in Michael Brown Shooting in Ferguson – How Wisconsin Grand Juries Work

On Monday, November 24, 2014 the decision by a grand jury not to indict Darren Wilson was announced by St. Louis County prosecutor Robert P. McCulloch.  Mr. McCulloch indicated that Officer Wilson faced potential charges ranging from first-degree murder to something as mitigated as involuntary manslaughter.  The grand jury brought no charges against Officer Wilson. Officer…

CONTINUE READING

Underage Alcohol Consumption/Possession Tickets

Underage alcohol consumption/possession (underage drinking) tickets are extremely common once students return to college.  Fortunately, an underage drinking ticket is a forfeiture.  A forfeiture is a non-criminal offense that results in a fine.  Jail or prison time are not consequences of a forfeiture, but certain other collateral consequences are. Section 125.07(4) of the Wisconsin Statutes…

CONTINUE READING

The Castle Doctrine

On December 7, 2011 Governor Scott Walker signed a bill passing the Castle Doctrine in Wisconsin.  The law provides criminal immunity (along with civil protection) for individuals who use a gun in self-defense while on their property.  The doctrine provides the gun-user a presumption that use of the gun was justified.  The law is a “stand…

CONTINUE READING

Guide to Expunction (Expungement)

One of the most common questions individuals convicted of crimes ask if whether their convictions can be expunged.  This question usually occurs after the individual suffers collateral consequences for the conviction.  Unfortunately, expunction is not always easy to do and most often individuals are not eligible to have their offenses expunged. On July 1, 2009 Wis….

CONTINUE READING

I was just sentenced. I want to appeal. What do I do?

Sometimes your case isn’t finished when you’re sentenced.  If something doesn’t seem right, or you think someone screwed up, whether it’s the court, your attorney, or the district attorney, you might have a basis to seek relief in the Court of Appeals. The first, and important, step to take when you want an appeal is…

CONTINUE READING

Probation and extended supervision revocation. What is it? Can I fight it?

When an offender fails to comply with his probation or extended supervision rules he risks being revoked from his probation and being sent to jail/prison. The first step a probation agent takes for a revocation is placing the offender on a “probation hold.”  A probation hold is initiated when the agent believes the offender violated a rule/rules of his…

CONTINUE READING

Probation. What is it? What should I expect?

Once a defendant is convicted of certain crimes in Wisconsin he can be placed on probation.  Probation is not available when an individual is convicted of a crime which is punishable by life imprisonment.  It’s also not available when specifically prohibited by statue for a specific offense.  (Probation Statute Wis. Stat. §973.09(1)(a)) When a defendant is placed on…

CONTINUE READING

What is a preliminary hearing?

Wisconsin criminal laws require that an individual charged with the commission of a felony be given a preliminary hearing. A preliminary hearing requires that the State show there is probable cause to believe the defendant committed a felony.  Probable cause is a low hurdle for the prosecutor to overcome.  It requires that the prosecutor show the…

CONTINUE READING
Page 5 of 6« First...23456