Category: Sentencing

Mandatory minimum sentences for child porn convictions: On December 14, 2015 a client of Van Severen Law Office 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….

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…

How 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,…

Expungement 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….

Withheld sentences vs. imposed and stayed sentences: When the court places the defendant on probation it also determines what to do with the underlying sentence.  Should the court announce a penalty on the front end for a failure of probation?  Or should the court wait and only sentence the defendant if he fails probation?  That’s…

What’s the actual definition of a misdemeanor? Section 939.60 of the Wisconsin Statutes provides us the actual definition of misdemeanor: A crime punishable by imprisonment in the Wisconsin state prisons is a felony.  Every other crime is a misdemeanor. We certainly believe that the focus on time is easier to understand.  By this definition, a…

Felonies carry a variety of sentences: A 12 month sentence is much different than a life sentence.  One is painful.  The other is a complete restriction of our liberty for the rest of your life.  So, how do we break down felonies? Felonies range from Class A to Class I and carry different penalties.  Section…