Category: Sentencing

Sentence Credit – Harder Than It Seems

Calculating 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. …

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Sealing Your CCAP Record

The 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…

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“Making a Murderer” – The Search for Truth

In 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. …

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Early Release Programs in Wisconsin

Wisconsin 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…

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“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…

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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….

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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…

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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…

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Wisconsin Criminal Penalties (Misdemeanor)

In Wisconsin, “A crime is conduct which is prohibited by state law and punishable by fine or imprisonment or both.  Conduct punishable by only a forfeiture is not a crime.”  Wis. Stat. § 939.12. Crimes are classified as either misdemeanors or felonies.  Misdemeanors have three classifications. A Class A Misdemeanor is punished by imprisonment of up to…

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Wisconsin Criminal Penalties (Felony)

In Wisconsin, “A crime is conduct which is prohibited by state law and punishable by fine or imprisonment or both.  Conduct punishable by only a forfeiture is not a crime.”  Wis. Stat. § 939.12. Crimes are classified as either misdemeanors or felonies.  Felonies range from Class A to Class I and carry different penalties: A Class…

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