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 […]

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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 […]

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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 […]

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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 […]

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Wisconsin Supreme Court Permits Warrantless Taking of Blood from an Unconscious Driver

By: Attorney Marcus J. Berghahn Phone: (608) 257-0945 Email: mberghahn@hurleyburish.com Attorney Marcus Berghahn was interviewed on Wisconsin Public Radio’s Central Waters program about the Wisconsin Supreme Court’s decision.  Listen to the discussion here:  https://www.wpr.org/state-supreme-court-says-police-can-draw-blood-unconscious-drunken-drivers On July 3, 2018, the Wisconsin Supreme Court held in State v. Mitchell, 2018 WI 84, that police  could take blood […]

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Wisconsin Supreme Court Decides Handgun Case

If Transporting a Handgun in an Automobile, You Should Have a Concealed Carry Permit to Avoid Criminal Liability By: Attorney Marcus J. Berghahn Phone: (608) 257-0945 Email: mberghahn@hbslawfirm.com We previously wrote about a case in the Wisconsin Supreme Court dealing with the conflict of two statutes that address the carrying of a firearm in an […]

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Governor Walker Signs Important Revision to Wisconsin’s Asset Forfeiture Statutes Into Law Restoring Balance Between the Power of State and Rights of Its Citizens

By: Attorney Marcus J. Berghahn Phone: (608) 257-0945 Email: mberghahn@hbslawfirm.com On April 3, 2018, Governor Walker signed 2017 Wisconsin Act 211, a bill that changes the rules the State has to follow when it seeks to forfeit property after it has been seized in relation to a crime. The Act significantly changes Wis. Stat. § […]

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Every Day Matters:  What constitutes “a day” for jail credit purposes?

By: Attorney David E. Saperstein & Law Clerk Sarah E. Schuchardt Phone: 608-257-0945 Email: dsaperstein@hbslawfirm.com One of the more inconsistent practices of circuit courts in criminal sentencing hearings over the years has been the calculation of jail credit earned by a defendant prior to the sentencing hearing.  Depending on the jurisdiction, or even sometimes the […]

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Important Changes to CCAP Relating to Criminal Cases: Acquitted and Dismissed Cases Will Be Removed from CCAP Two Years after the Disposition

Author: Attorney Marcus J. Berghahn Email: mberghahn@hbslawfirm.com Phone: 608-257-0945 The Director of State Courts, Randy Koschnick, announced that he will implement recommendations made by a study committee regarding the length of time certain case information is publicly available on CCAP. When the changes are implemented, those cases in which criminal charges are dismissed or which […]

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