Category: Pre-trial motions

Entrapment is one of the most commonly known defenses to criminal liability.  But, what does it actually mean?  And when does it apply?  In this blog post, criminal defense attorney Benjamin Van Severen explains what entrapment is.  He also explains common crimes where entrapment can be used. Procedure for the Entrapment Defense The accepted definition…

A stand your ground case in Florida recently made national headlines.  Earlier this week, an Uber driver shot and killed a man who threatened him with what he believed to be a gun.  This post recaps the Florida case.  And it discusses the legal implications had this occurred in Wisconsin. If you are facing any kind…

At what point would our criminal defense attorneys challenge an illegal statement? Let’s assume that you provide a statement to police and we have some reason to challenge that statement.  For example, let’s assume the police failed to read your Miranda rights prior to an in-custody interrogation.  At which point in the criminal process do…

We all know what the 4th amendment says:  “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and…

Our criminal defense attorneys describe Stringray devices: The use of a cell site simulator, or Stingray, continues to crop up in headlines across the country.  Courts regularly address various concerns regarding the Stingray device, specifically when examining Fourth Amendment issues.   Should law enforcement obtain a warrant before using a Stingray?  How intrusive is the device? …

Many potential clients who call or come in for a consultation are understandably hesitant to reveal the details of their situation.  Be assured: everything you talk about with your attorney is strictly confidential and cannot be repeated without your express authorization thanks to the attorney-client privilege. When does the Attorney-Client Privilege begin? The attorney-client privilege begins the…

Self defense – it’s brought up in high profile cases and featured in TV shows and movies.  But what really constitutes “self defense?”  And is it really that commonly used?  This post will examine what self defense really is and the scenarios where self defense can, and cannot, be used. The Law of Self Defense…

There are dozens of crimes involving possession of something prohibited by law.  Controlled substances and weapons are the most common items where possession is regulated.  Possession seems pretty straightforward, but in fact, it’s quite the opposite.  This post will examine the different ways to possess an item and legal defenses to possession. Possession – What…

If you face criminal charges contact Van Severen Law Office immediately.  Criminal justice actors throughout Wisconsin recognize our defense attorneys as among the best in the state.  Whether you’re charged with a drunk driving offense, a drug offense, or any other kind of crime, contact us at (414) 270-0202. Reasonable suspicion and extending the stop…