Nuts and Bolts Series: Criminal Court in Wisconsin Vol. 2 – Initial Appearances, Preliminary & Plea Hearings

Author: Attorney David E. SapersteinPhone: 608-257-0945Email: dsaperstein@hurleyburish.com This practical series, “Nuts and Bolts,” is intended to demystify the process of being charged with a crime in Wisconsin state (circuit) courts. The court process can be overwhelming. Knowing what to expect from the process may make it less confusing and unpredictable, and hopefully less stressful. Is […]

Read More…

Nuts and Bolts Series: Criminal Court in Wisconsin Vol. 1 – Bail and Pretrial Release

Author: Attorney David E. SapersteinPhone: 608-257-0945Email: dsaperstein@hurleyburish.com This practical series, “Nuts and Bolts,” is intended to demystify the process of being charged with a crime in Wisconsin state (circuit) courts. The court process can be overwhelming. Knowing what to expect from the process may make it less confusing and unpredictable, and hopefully less stressful. Will […]

Read More…

On False Statements & Talking to the Police

Author: Attorney Marcus BerghahnPhone: 608-257-0945Email: mberghahn@hurleyburish.com We advise our clients to not speak with law enforcement without first seeking the advice of counsel.  Because when speaking with law enforcement you have two choices:  tell the truth or say nothing at all.  Anything short of the truth—even when law enforcement knows the statement to not be […]

Read More…

Parking Enforcement, Chalk, License Plates Readers and the Fourth Amendment

Author: Attorney Marcus J. BerghahnPhone: 608-257-0945Email: mberghahn@hurleyburish.com Given that parking tickets are probably one of the most common and annoying types of police contacts that a citizen may have, it’s not surprising that a smart attorney found the right case to challenge the manner in which parking restrictions were enforced:  by chalking tires.  In Madison, […]

Read More…

When Asserting Your Innocence Can Be a Crime

By: David E. Saperstein Email: dsaperstein@hurleyburish.com Phone: 608-257-0945 We are taught as children, and presumably we still teach our children, that telling the truth is a virtue; that there is nothing more important than the truth. One could argue that truth is elemental to a cohesive societal order. It is also a foundational, elemental principle […]

Read More…

I’ve Been Convicted of a Crime. Now what?

Author: Attorney Catherine E. WhiteEmail: cwhite@hurleyburish.comPhone: 608-257-0945 When plea bargaining or trial doesn’t go the way you wanted it to, the final judgment entered by the trial court may be just the beginning of the legal battle. The first step is usually a direct appeal. In a direct appeal, the defense attorney will usually file […]

Read More…

Using 28 U.S.C. § 2241 To Challenge an ACCA Sentence

Attorney Catherine E. WhitePhone: 608-257-0945Email: cwhite@hurleyburish.com A federal conviction for being in unlawful possession of a firearm, in violation of 18 U.S.C. § 922(g), usually carries a 10-year maximum sentence. But under the Armed Career Criminal Act (ACCA), the defendant is instead subject to a 15-year mandatory minimum sentence, with a maximum possible sentence of […]

Read More…

New Department of Corrections Interpretation of Sex Offender Registry Statute Now Requires Thousands of Individuals to Register as Sex Offenders For Life.

Attorney Marcus Berghahn Phone: 608-257-0945 Email: mberghahn@hurleyburish.com Wisconsin law provides that an individual who has been convicted of a “sex offense” must register as a sex offender. A qualifying “sex offense” is defined in Wis. Stat. § 301.45(1d)(b). Unless the individual was convicted of the most serious offenses or was found to be a sexually […]

Read More…

An Expunged OWI Counts for Purposes of Determining Penalties for Subsequent OWIs

Attorney Sarah SchuchardtPhone: 608-257-0945Email: sschucardt@hurleyburish.com The Wisconsin Supreme Court issued a unanimous ruling on December 21, 2018 in State of Wisconsin v. Justin A. Braunschweig, 2018 WI 113, that a prior expunged OWI must be counted when determining penalties for subsequent OWIs.  State of Wisconsin v. Justin A. Braunschweig, 2018 WI 113, ¶ 2.  The […]

Read More…