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Defending Against Domestic Violence Charges in Wisconsin

Posted on in Criminal Defense

WI defense lawyerBeing 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.

Another legal strategy that may be available is to plead guilty to a lesser charge in exchange for reduced penalties. Of course, this course of legal defense would rely on the strength of the evidence against you. In many cases, a person will refuse to plead guilty in any way to a crime. However, in other cases, if the evidence is especially strong against a defendant, they may try to plead down to avoid receiving a substantial prison sentence or other forms of penalties.

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What Is An Alford Plea in Relation to Criminal Proceedings?

Posted on in Criminal Defense

WI Defense LawyerIn 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.

By entering an Alford plea, the defendant acknowledges that the prosecution possesses enough evidence to likely convict them if the case were to go to trial. An Alford plea results in a criminal conviction, but the defendant is able to maintain their innocence in the eyes of the court. In general, one significant benefit of entering an Alford plea is that it can often result in a more favorable outcome than a contested trial. For instance, in some cases, prosecutors may offer reduced charges or sentences for having pleaded to an Alford plea.

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Avoiding Incriminating Yourself in a Wisconsin DUI Stop

Posted on in DUI/OWI

WI defense lawyerDriving 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.

Next, consider declining any field sobriety test you are asked to take part in, particularly if you have some form of disability that may make it appear that you are drunk or intoxicated when in fact, you are not. In Wisconsin, declining field sobriety tests do not result in your license being automatically revoked. However, keep in mind that declining field sobriety tests will likely encourage the officer to perform a chemical test. And if you refuse a chemical test, your license may face automatic revocation.

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Everything You Need to Know About Boating Under the Influence in Wisconsin 

Posted on in DUI/OWI

waukesha county BUI lawyerBoating 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. 

Please note that an exception to the 0.08 percent limit is if you are a commercial boating captain, wherein you are required to maintain a BAC of below 0.04 percent.

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Mistakes to Avoid Making Before Going to Traffic Court

Posted on in Criminal Defense

WIGoing 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.

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