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Recent Blog Posts
What Is the Predominant Aggressor in a Wisconsin Domestic Violence Case?
In Wisconsin, when responding to domestic violence incidents, law enforcement officials must determine who is the predominant aggressor in order to make an arrest. Being the predominant aggressor means that a person has used physical violence or has threatened to use physical violence against another person with whom they have a domestic relationship. If you have been arrested for domestic violence, you need legal representation to fight for your rights and interests.
Here is What the Law Says in Wisconsin
Wisconsin states that domestic violence occurs when an individual deliberately causes physical pain or injury to another person with whom they reside with or are married to. Emotional distress, sexual assault, and fear of imminent harm are also important factors in domestic abuse cases in Wisconsin. When deciding who the predominant aggressor is in a domestic violence case, factors such as a history of abuse, the severity of the injuries sustained by each party, and who has been the primary aggressor in past incidents may also be taken into account.
What Is an Alibi in Criminal Law?
An alibi in criminal law refers to a defense strategy that aims to prove the innocence of a defendant by showing they could not have possibly committed the alleged offense since they were in another location when the crime was committed. A valid alibi needs to provide evidence that challenges the prosecution’s assertion about the accused party’s physical presence at the scene and during the indicated period of the crime. If you have been charged with a crime, the prosecution will not accept you simply saying that you were not at the scene. There must be evidence to back up your claim. To help you build a defense strategy to support your claims of innocence, contact a criminal defense attorney to begin working on a rock-solid defense.
Elements of an Alibi Defense Strategy
When a defendant claims an alibi, it is their responsibility to offer enough evidence to create a credible case identifying they were at an entirely different location than the crime scene at the time of the offense. To build a solid alibi defense strategy, it is necessary to have a witness who can provide excellent and substantial evidence of the defendant’s location at the time the crime occurred. Successfully doing so will likely raise the prospect of reasonable doubt in the jury’s minds, improving your chances of a favorable case outcome.
I Have Been Wrongfully Charged with a Sex Crime. Is Jail Time Inevitable?
Being wrongfully charged with a sex crime is a serious matter that can have long-lasting consequences for the individual charged. From harm to your reputation to social ostracism, being charged, especially wrongfully charged, for committing a sex crime is likely to turn an individual’s world upside down. The looming prospect of jail time only adds to the stress of the situation. However, you may be pleased to know that jail time is not inevitable. With the help of a criminal defense attorney, you can fight to clear your name of these false charges and move on with your life.
Here is What You Need to Know About this Situation
First, remember that you are innocent until proven guilty in the United States. Being charged with a crime does not mean you will automatically go to prison. The prosecution must prove beyond a reasonable doubt that you are guilty. As such, to secure a conviction, the prosecution must also establish elements of the crime and demonstrate to the satisfaction of a jury that you did commit the offense you are charged with.
How Can an Experienced Criminal Defense Lawyer Help a Juvenile Offender?
When a juvenile is charged with a crime, it can be a traumatic and overwhelming experience for both the youngster and their parents. This is why seeking the services of an experienced criminal defense attorney is essential. Understanding how a criminal defense lawyer can be an invaluable asset to a juvenile offender and their family is crucial, as the first thing anyone should do, regardless of whether they are a juvenile or an adult, is to hire a skilled attorney to ensure they are not only aware of their rights but also can make certain that those rights are always protected.
Here is How an Attorney Can Help a Juvenile
Firstly, an experienced criminal defense lawyer can work closely with the juvenile and their parents to pursue a favorable case outcome. This is crucial when fighting for a juvenile offender’s rights due to the unique needs of young people in the criminal justice system. Attorneys can review the facts of the case and develop an effective strategy to achieve an optimal outcome, whether it be through plea negotiations, obtaining diversionary programs, or fighting for a complete dismissal of the charges.
Defending Against Domestic Violence Charges in Wisconsin
Being arrested for domestic violence in Wisconsin can be a terrifying and overwhelming experience. However, depending on the specifics of your case, there may be a number of legal strategies available to help you defend your rights and avoid or minimize penalties. Today, we are going to outline some of the potential legal strategies someone may be able to pursue in a Wisconsin domestic violence case. To start building your legal defense, contact an attorney immediately to ensure your rights can be adequately protected.
Here is What You Need to Know
Challenging the evidence is one prevalent strategy for defending against domestic violence charges. In order to secure a conviction, prosecutors in Wisconsin must prove beyond a reasonable doubt that you committed the alleged offense. This may include presenting eyewitness testimony, physical evidence, or other types of evidence that link you to the crime. By working with an attorney, you may be able to find a way to challenge the prosecution’s evidence and create reasonable doubt in the minds of the jurors.
What Is An Alford Plea in Relation to Criminal Proceedings?
In criminal law, an Alford plea is a type of guilty plea in which the defendant does not admit to committing the crime but agrees that the prosecution has enough evidence to obtain a conviction. This type of plea allows the defendant to plead guilty but maintain their innocence in the eyes of the law. If you have been charged with a crime and are wondering what your options are concerning how you should plead, hire a criminal defense attorney and discuss your options as you look to pursue a favorable outcome in your legal matter.
What is Most Important to Know About Alford Pleas?
The Alford plea is a relatively recent development in criminal law, dating back to a 1970 Supreme Court decision in North Carolina v. Alford. In that case, the defendant Alford pleaded guilty to second-degree murder but maintained his innocence throughout the proceedings. Alford agreed to the guilty plea only to avoid the death penalty, which would have been the punishment if he had been convicted of first-degree murder, which was the crime he was initially charged with. Nevertheless, the Supreme Court upheld the plea, recognizing that a defendant’s decision to plead guilty may be influenced by the rational fear of the consequences a full trial could cause.
Avoiding Incriminating Yourself in a Wisconsin DUI Stop
Driving under the influence (DUI) is a very serious criminal offense in Wisconsin. Drivers that get pulled over under suspicion of DUI bring considerable legal exposure to themselves, which could lead to fines and imprisonment. Therefore, if you happen to be pulled over for suspicion of DUI, there are various effective ways to avoid incriminating yourself. Today, we will review steps you can take to avoid incriminating yourself if you are ever pulled over for DUI suspicion. Call a criminal defense attorney today to begin building your defense if you have been arrested for DUI.
How to Not Incriminate Yourself When Pulled Over for Suspicion of DUI
When pulled over in this scenario, try your best to remain composed and courteous while the officer has you pulled over. Even if you do not consider yourself under the influence, portraying calmness to the police is vital in reducing the possibility of being perceived as intoxicated or unstable. Also, remember to ask why you were pulled over in the first place, which is well within your rights to ask. In most cases, the officer will explain the reason to you. While asking this question, remain as clear and polite as possible, as the officer will likely be watching your every move during this time.
Everything You Need to Know About Boating Under the Influence in Wisconsin
Boating and enjoying Wisconsin's lakes is a beloved summer activity for many Wisconsinites. However, what started as a day of fun on the water can sometimes end in criminal charges. Boating under the influence (BUI) is a serious offense that can have significant legal consequences. If you have been arrested for BUI, contact a criminal defense attorney as soon as possible to ensure you can safeguard your rights as you look to overcome the charges.
What Constitutes BUI in Wisconsin?
Just like driving under the influence in a vehicle, Wisconsin statutes prohibit operating a watercraft while under the influence of alcohol or controlled substances. A person is considered intoxicated if their blood alcohol content (BAC) is at or above 0.08 percent or if it affects their ability to operate the watercraft safely. In Wisconsin, a BUI conviction can levy fines of up to $300. If convicted of a subsequent BUI within five years of your first, you can spend up to six months in jail and face fines up to $1,000. Moreover, a 3rd BUI conviction can land you in jail for up to one year and carry fines of $2,000.
Mistakes to Avoid Making Before Going to Traffic Court
Going to traffic court can be a stressful experience, especially if you have never been to court before. While there is no guaranteed way to win your case, there are several mistakes that you should avoid making before entering traffic court. These mistakes can hurt your chances of success and may even lead to additional penalties or fines. Remember, a traffic violations attorney can be an invaluable resource to understand what to expect in traffic court and your legal options moving forward.
Top Five Mistakes to Avoid in Traffic Court
The first mistake to avoid is failing to appear in court. You must attend court on the scheduled date and time if you have received a ticket. If you fail to appear in court, you may face additional fines, penalties, or even a warrant for your arrest, depending on the purpose of your scheduled court appearance.
The second mistake to avoid is failing to prepare your case. This may include gathering evidence to support your defense, such as witness statements or photographs. It may also involve reviewing the applicable traffic laws and regulations to ensure that you understand your rights and obligations.
Disadvantages of Representing Yourself in a Criminal Case
The Constitution of the United States of America grants every individual the right to represent themselves in court, but that does not mean it is always a good idea. In fact, it is rarely, if ever, a good idea, especially in criminal cases. Representing oneself in court in a criminal case may be tempting, especially if one believes they are innocent or trying to save money on legal fees. However, representing oneself in a criminal case can be terrible for various reasons. Therefore, if you have been charged with a crime, you must retain the services of a criminal defense attorney to ensure you understand your legal options and the legal process.
Reasons Why Representing Yourself is a Bad Idea
The following reasons are why you should never represent yourself in a criminal case, including:
- Limited understanding of the law – Criminal cases involve complex legal procedures and rules. Legal professionals have extensive knowledge and training in the law, which can be challenging to understand for someone without a legal background. As a result, representing oneself in court can quickly lead to confusion, misunderstandings, and mistakes that can negatively impact the case outcome.
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