Hurley Burish, S.C. is proud to announce the following awards: Andrew W. Erlandson was named Best Lawyers® 2023 Litigation-Construction Lawyer of the Year, Madison, WI. As well as selection on The Best Lawyers in America 2023 Edition – Commercial Litigation. Marcus J. Berghahn was named Best Lawyers® 2023 Criminal Defense: White Collar Lawyer of the […]
Criminal Defense
Expungement
Author: Attorney Marcus J. BerghahnPhone: 608-257-0945Email: mberghahn@hurleyburish.com We’re regularly contacted by people who want to know whether their criminal conviction can be expunged. Only criminal convictions can be expunged. Wisconsin law does not provide for expungement of non-criminal convictions, like traffic or ordinance violations. A very good resource on expungement in Wisconsin was published by […]
NUTS AND BOLTS SERIES: CRIMINAL COURT IN WISCONSIN VOL. 3 – DISCOVERY AND INVESTIGATION
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. Building Our Defense: […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]