When will my sentencing after revocation be scheduled? This is a common question asked by individuals who have been revoked from probation or extended supervision. Your probation officer alleged that you violated rules of supervision. You went to a hearing, and the administrative law judge found that the allegations against you were appropriate for revocation. …
CONTINUE READINGDisorderly conduct tickets: How do they show up on my record? Disorderly conduct is a catch-all offense. It’s pretty simple to prove. The exact wording of the law is straightforward: Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud other otherwise disorderly conduct under circumstances in which the…
CONTINUE READINGCalculating sentence credit in Wisconsin is more difficult than you’d expect. Sentence credit calculations should be simple. I spent “x” days in jail. Therefore, I should receive “x” days of credit towards my sentence. But calculating your sentence credit is rarely that easy. In this post, criminal defense attorney Benjamin Van Severen discusses sentence credit. …
CONTINUE READINGThe Wisconsin Circuit Court Access website, or CCAP, shows all filings in circuit courts throughout Wisconsin, including criminal, family, and small claims cases. As it relates to a criminal case, a user can discover a wealth of data with only a few clicks, including the status of the case, the next court date, and what…
CONTINUE READINGIn a little under one month since its release, the Netflix original documentary “Making a Murderer” has taken America by storm. The 10-part series was released on December 18, 2015, just in time for the holidays. The filmmakers take viewers on a nearly 30 year journey, beginning with Steven Avery’s 1985 conviction for sexual assault. …
CONTINUE READINGMandatory minimum sentences for child porn convictions: On December 14, 2015 a client of Meyer Van Severen, S.C. was sentenced for possession of child pornography in the Fond du Lac County Circuit Court. Although charged with possession of ten images, our criminal defense attorney was able to negotiate for seven of the counts to be dismissed….
CONTINUE READINGWisconsin is known as a “Truth in Sentencing” state. This means that someone sentenced to the Wisconsin State Prison System must serve a bifurcated sentence – a period of initial confinement and a period of extended supervision. The “truth” in the sentence comes from the fact that the offender knows exactly how much time he…
CONTINUE READINGHow do defendants lose this credit? Defendants lose good time when they aren’t good. The law says: An inmate who violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section,…
CONTINUE READINGExpungement for individuals 25 years old and younger: Old law: The legislature amended section 973.015 of the Wisconsin Statutes on July 1, 2009. Prior to that date, expungement only applied to misdemeanor convictions and defendants under 21 years old. The law excluded felonies. Finally, the law also prohibited expunction for defendants over 21 years old….
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