Caller: Can I use a gun to protect my family in my home and my property with the new CCW law?
Let’s break that down into two questions. First, does the new concealed carry law allow you to protect your family in your home?
You have always had a right to protect your loved ones in your home. If you are in your home, and someone puts you into a situation in which you believe your life or the life or lives of your family are in peril, in very immediate danger of death or very serious bodily injury, and your beliefs are reasonable under the circumstances, you have a right to defend yourself or another.
Under Wisconsin law, your right to defend yourself by use of up to blunt force is extended to those people in your presence whom are in the same danger. Be careful in how you read this, and know that it is not legal advice. If you are in a situation in which your wife's life, for example, who is lying in bed next to you, or your daughter's life who is in bed in the room across the hall, and a person has placed their lives in immediate danger by pointing a weapon at them with an apparent intent to take their life, your right to defend yourself extends to your right to defend them.
If you are in your home and your home is surrounded by a dozen people even if they are carrying guns, you wouldn't open fire on them; you would call 911. Twelve to one odds are just not good odds to hope to protect yourself against them.
And second, does the new law allow you to protect your property?
Your property includes your home and the land surrounding it, as well as any real or personal items on it. So, your question is if the new law allows you protect personal and real property?
Clearly, the new law isn’t meant to encourage people to patrol their property and shoot anyone that crosses the line, and it isn’t meant to encourage folks to take up weapons to resolve conflicts. The best way to resolve conflicts is to talk through them. It also isn’t wise to brandish a handgun without cause.
The intent of the new law is to allow people to carry a weapon on their person or in their proximity to protect themselves if the situation arises, and we all hope it won’t arise for anyone.
Helpful information:
Self defense
Criminal property damage
Self defense is an affirmative defense, which means that it is an omission to having committed murder which you claim to be a justifiable homicide.
Van Wagner & Wood, S.C. is a Wisconsin based criminal defense law firm located at One North Pinckney Street, Suite 300, Madison, Wisconsin. Van Wagner & Wood attorneys represent people charged with a criminal or drunk driving offenses in the state of Wisconsin. You can contact them 24 hours a day at 1-866-262-4599 or 608-284-1200
Showing posts with label Criminal Defense Attorney. Show all posts
Showing posts with label Criminal Defense Attorney. Show all posts
Friday, November 4, 2011
Accidental Death with Concealed Weapon Usage
Caller: What happens if you miss and do property damage or kill or injure another person?
If you are going to use a deadly weapon, you must be prepared to defend your actions after the fact.
This BLOG does not provide legal advice, so think of this as fatherly or brotherly advice: if you are ever in any type of situation in which you may be charged for a criminal offense, the first and best act you can take is to contact a criminal defense lawyer and demand to have that lawyer present during all questioning.
Helpful information:
Criminal property damage
Prevention of a felony
Self defense
Intentional vs. unintentional homicide
Negligent homicide
If you are going to use a deadly weapon, you must be prepared to defend your actions after the fact.
This BLOG does not provide legal advice, so think of this as fatherly or brotherly advice: if you are ever in any type of situation in which you may be charged for a criminal offense, the first and best act you can take is to contact a criminal defense lawyer and demand to have that lawyer present during all questioning.
Helpful information:
Criminal property damage
Prevention of a felony
Self defense
Intentional vs. unintentional homicide
Negligent homicide
Using Your Carrying Concealed Weapon License
Caller: If you have a CCW license, do you have to use the license when carrying?
If you are walking down the street and someone sticks you up, and you realize that you need to pull out and use your gun or be killed, if you reasonably fear serious bodily injury or death, you are then entitled to use blunt force to protect yourself including mortal force. There is no duty to retreat in Wisconsin.
You don't have to talk to anyone, including police, without your lawyer present. Having your attorney present is your Constitutional Right; assert it in all instances in which any law enforcement agent wants to question you. You can say, "I will be happy to answer your questions, but I need to get my lawyer here for that." If you use your weapon - even justifiably, you should have your lawyer present in answering questions.
If police ask to search you, you need not consent to the search. You may not want to consent to the search for various reasons such as if there might be contraband in a pocket that you aren't aware was placed there.
If you have used your weapon even in self defense, you should immediately contact your lawyer before notifying police.
The simple act of pointing a gun has been charged as reckless endangerment in the state of Wisconsin and most notably in Madison. You should not speak with law enforcement without your attorney present.
If you plan to apply for a concealed weapons permit and carry a concealed weapon, you should also carry the name and number of your criminal defense lawyer for situations that might arise.
Van Wagner & Wood can be contacted 24 x 7 x 365 by calling the main telephone number (608-284-1200 or 1-866-262-4599). If you call after regular hours, please clearly state your name, number and message.
If you are walking down the street and someone sticks you up, and you realize that you need to pull out and use your gun or be killed, if you reasonably fear serious bodily injury or death, you are then entitled to use blunt force to protect yourself including mortal force. There is no duty to retreat in Wisconsin.
You don't have to talk to anyone, including police, without your lawyer present. Having your attorney present is your Constitutional Right; assert it in all instances in which any law enforcement agent wants to question you. You can say, "I will be happy to answer your questions, but I need to get my lawyer here for that." If you use your weapon - even justifiably, you should have your lawyer present in answering questions.
If police ask to search you, you need not consent to the search. You may not want to consent to the search for various reasons such as if there might be contraband in a pocket that you aren't aware was placed there.
If you have used your weapon even in self defense, you should immediately contact your lawyer before notifying police.
The simple act of pointing a gun has been charged as reckless endangerment in the state of Wisconsin and most notably in Madison. You should not speak with law enforcement without your attorney present.
If you plan to apply for a concealed weapons permit and carry a concealed weapon, you should also carry the name and number of your criminal defense lawyer for situations that might arise.
Van Wagner & Wood can be contacted 24 x 7 x 365 by calling the main telephone number (608-284-1200 or 1-866-262-4599). If you call after regular hours, please clearly state your name, number and message.
Carrying Concealed Weapon: Use & Judges
Who decides who will judge you? The caller states, "If I use my concealed weapon, who will judge whether it was reasonable?"
If you are charged with a crime - a homicide in the context of the caller's question - you have a right to face your accusers and to have a decision made about the reasonableness of your actions (which ultimately determines whether you are found guilty or not guilty of the criminal charge or charges), and you have a right to a trial by a jury.
The term 'a jury of your peers' often leads people to believe that the jurors will be people of like interests and concerns. But the reality is that the jury of your peers in Madison, Wisconsin, for example, aren't going to be 12 members of the NRA, like you; they'll be a mix of men and women, old and young, some tied to the University and the vast majority from within the confines of the belt line.
Helpful information:
National Rifle Association
Wisconsin Criminal Defense Lawyers
If you are charged with a crime - a homicide in the context of the caller's question - you have a right to face your accusers and to have a decision made about the reasonableness of your actions (which ultimately determines whether you are found guilty or not guilty of the criminal charge or charges), and you have a right to a trial by a jury.
The term 'a jury of your peers' often leads people to believe that the jurors will be people of like interests and concerns. But the reality is that the jury of your peers in Madison, Wisconsin, for example, aren't going to be 12 members of the NRA, like you; they'll be a mix of men and women, old and young, some tied to the University and the vast majority from within the confines of the belt line.
Helpful information:
National Rifle Association
Wisconsin Criminal Defense Lawyers
Castle Doctrine & Concealed Carry
Caller: What is my castle? I live in low income housing and manage the complex. Is it the apartment complex I manage my castle? Can I carry concealed on the complex?
Let’s break down the questions.
First, what is your castle?
Your castle is your home.
Next, is the apartment complex that you manage your castle?
No, it is not your home.
If you live in an apartment at that complex, your apartment is your castle. People who rent an apartment live in the apartment as their home, hence it is their castle and they are entitled to all the rights and privileges of using it as their home including protecting themselves or their family while in it.
Can I carry concealed on the apartment complex?
While you may have a right to protect yourself – even defend yourself with lethal force – at the apartment complex such as if a person were in your rental office pointing a gun at you, I’d be very careful not to go around the apartment complex with a gun on my side.
Let’s break down the questions.
First, what is your castle?
Your castle is your home.
Next, is the apartment complex that you manage your castle?
No, it is not your home.
If you live in an apartment at that complex, your apartment is your castle. People who rent an apartment live in the apartment as their home, hence it is their castle and they are entitled to all the rights and privileges of using it as their home including protecting themselves or their family while in it.
Can I carry concealed on the apartment complex?
While you may have a right to protect yourself – even defend yourself with lethal force – at the apartment complex such as if a person were in your rental office pointing a gun at you, I’d be very careful not to go around the apartment complex with a gun on my side.
Attorney Chris Van Wagner Guest on Vicki McKenna's Upfront Talk
Attorney Christopher T. (Chris) Van Wagner will be on WIBA with Vicki McKenna at 5 PM today talking about Wisconsin's Carrying Concealed Weapon law and cautions you should take if you should be stopped by police while carrying concealed. You can listen live on WIBA at http://www.wiba.com/main.html. Great BLOG Post at http://wisconsincriminallaw.blogspot.com/2011/11/prudent-cautions-when-carrying.html.
WIBA-AM
www.wiba.com
News/Talk 1310..
To read all of the live BLOG posts from the show, select Carrying Concealed to the right.
WIBA-AM
www.wiba.com
News/Talk 1310..
Monday, December 3, 2007
What is an illegal act?
What is an illegal act?
An illegal act is any action proscribed by law. In other words, in order for an act to be a crime, and therefore an illegal act, it must be prohibited under the laws of the state (or federal government), and there must be a penalty provided by law if someone is convicted of committing that act. If the law does not prohibit the act, theoretically then it is not a crime.
However, Wisconsin law has a catch-all statute that provides that if some act is not proscribed by law, but it nevertheless wronged another person or society, the state government can still prosecute the person for committing that act. On the other hand, it is unconstitutional for a person to be charged criminally for any act that is not proscribed by law, properly written as law and communicated to the public at large.
Each state is responsible for its criminal code. The legislature can make whatever law it elects.
Helpful information:
Criminal Law Overview
An illegal act is any action proscribed by law. In other words, in order for an act to be a crime, and therefore an illegal act, it must be prohibited under the laws of the state (or federal government), and there must be a penalty provided by law if someone is convicted of committing that act. If the law does not prohibit the act, theoretically then it is not a crime.
However, Wisconsin law has a catch-all statute that provides that if some act is not proscribed by law, but it nevertheless wronged another person or society, the state government can still prosecute the person for committing that act. On the other hand, it is unconstitutional for a person to be charged criminally for any act that is not proscribed by law, properly written as law and communicated to the public at large.
Each state is responsible for its criminal code. The legislature can make whatever law it elects.
Helpful information:
Criminal Law Overview
Wednesday, September 5, 2007
In Voir Dire, Listen With Great Care
Still Seizing The Jury's Answers
Yesterday, Attorney Anne Reed posted in her BLOG:
September 04, 2007
Back To Basics: Nine Things To Look For In Voir Dire
Summer's over. It's time to refocus, and if the recent search traffic here is any indication, it's time to get ready for trial. Judges are back on the bench today, and a lot of this blog's readers spent some time yesterday researching their voir dire questions.
Which brings up a question I'm asked often. We're getting an idea of what voir dire questions to ask, readers tell me, but what do we do with the answers? We know we're supposed to get jurors talking and then listen, but what are we listening for?
I've been pretty clear about what I'm usually not listening for in voir dire. I set very little store by demographics, and I don't trust bias questions to bring out jurors' secret or unconscious biases. But I do have a list of the main things I'm listening for, the things I'm usually trying to figure out in voir dire. I use it both as a checklist to develop questions, and as a reminder of what I'm looking for as I listen. I keep tinkering with this list, but here's the version I'm using right now." Read her BLOG at: Deliberations - Back To Basics
Third Jury This Year, Second In A Felony Child Sexual Assault Trial ~ Still Seizing The Jury's Answers
“Anne:
Yesterday I picked my third jury of the year, and my second in a felony child sexual assault trial. Two experiences in yesterday’s voir dire reminded me of the critical importance to the DEFENSE of seizing voir dire answers and getting a major point across.
20 years ago, as a young state prosecutor in Trenton, New Jersey, I recall plea negotiating with ace NJ Public Defender Mike McConnell (who could sell air conditioning north of the Artic Circle) in a child sexual assault case. As he outlined his client’s claims of innocence, I responded that his guy ought to go to trial, if he did not do it (which, by the way, is precisely what I tell all my felony sex assault clients in today’s climate). He responded in words that had no real meaning for me as a “wet behind the ears” prosecutor, but ring so true in my current work. “Hey, Chris, you could try this case drunk. All ya gotta do [hey, this WAS Jersey, friend!) is put the baby on the stand and say her name and you will have every single juror ready to perform the castration on the spot! I can’t go to trial in this kind of case, Chris!”
Well, Mike Mac’s words came back to me last night, when I reflected on a spotlight moment yesterday in my latest voir dire effort. When the judge asked the potential jurors if the charges themselves would make it difficult for anyone to be fair and impartial, a woman raised her hand and said, “With these charges, I know he’s guilty already. I will find him guilty. He would have to prove his innocence to me, but I don’t think he can because of the fact of what he did.” Ouch.
She was excused, naturally, and before any attorney asked. The ADA, no doubt, was pleased. Then she – the prosecutor - gave me the answer I needed, in her own voir dire of the jurors. She used the phrase “in light of what the defendant did to these girls” as if the matter were a foregone conclusion. Double ouch?
Not at all.
Twenty minutes later, when the voir dire baton was passed to me, I seized upon the prosecutor’s ill-advised choice of words, and asked if any juror had heard her say what I had heard her say. An older, articulate female juror in the very front row – less than 5 feet from me – raised her hand and said she had heard that very phrase. I then honed in ad asked her how she felt about the phrase – even though for lots of reasons I knew I’d probably strike her if the AD did not.
She said: “I was very troubled and offended. I thought that the defendant was presumed innocent, and that it was OUR job to decide if he did anything to the girls. I found it uncomfortable that the DA was talking as if she KNEW he was guilty, and as if there were no presumption of innocence.”
[CVW to self: “Nice.”]
I then asked if anyone else had any other reaction or the same reaction to the DA’s ill-advised words. Half the hands in the box went up.
[CVW to self: “Very nice.”]
Then, just as another juror started speaking out about the same concerns, the prosecutor stood up and said that she thought she had said “what the defendant had allegedly done to the victims.”
CVW to jury venire: “That was not what I wrote down as a quote…
And then, I went right back to the “he’s guilty as sin” juror answer – with her long gone from the courtroom, asking they jury venire if they had heard HER answers. And if they had any reaction to HER views – i.e., “Fry the SOB!” The jurors then discussed for 10 full minutes – in their own words and with only a little prodding from me – the meaning and importance of the presumption of innocence AND the burden of proof beyond a reasonable doubt. The prosecutor – after 10 minutes of this GREAT defense stuff – finally started objecting to the “discussion” – another point scored for the defense voir dire, since the jury liked the discussion and the DA tried to stop it.
Today’s lesson, reinforced: in voir dire, listen with great care to the BAD things jurors – and the DA– are saying, and discuss them openly with the rest of the panel. It can only help the cause. Mike McConnell’s viewpoint notwithstanding … although he won too often for my then-prosecutor’s tastes."
CVW
Helpful information:
Criminal Trial Proceedings
10 Rules For Jurors
Yesterday, Attorney Anne Reed posted in her BLOG:
September 04, 2007
Back To Basics: Nine Things To Look For In Voir Dire
Summer's over. It's time to refocus, and if the recent search traffic here is any indication, it's time to get ready for trial. Judges are back on the bench today, and a lot of this blog's readers spent some time yesterday researching their voir dire questions.
Which brings up a question I'm asked often. We're getting an idea of what voir dire questions to ask, readers tell me, but what do we do with the answers? We know we're supposed to get jurors talking and then listen, but what are we listening for?
I've been pretty clear about what I'm usually not listening for in voir dire. I set very little store by demographics, and I don't trust bias questions to bring out jurors' secret or unconscious biases. But I do have a list of the main things I'm listening for, the things I'm usually trying to figure out in voir dire. I use it both as a checklist to develop questions, and as a reminder of what I'm looking for as I listen. I keep tinkering with this list, but here's the version I'm using right now." Read her BLOG at: Deliberations - Back To Basics
Third Jury This Year, Second In A Felony Child Sexual Assault Trial ~ Still Seizing The Jury's Answers
“Anne:
Yesterday I picked my third jury of the year, and my second in a felony child sexual assault trial. Two experiences in yesterday’s voir dire reminded me of the critical importance to the DEFENSE of seizing voir dire answers and getting a major point across.
20 years ago, as a young state prosecutor in Trenton, New Jersey, I recall plea negotiating with ace NJ Public Defender Mike McConnell (who could sell air conditioning north of the Artic Circle) in a child sexual assault case. As he outlined his client’s claims of innocence, I responded that his guy ought to go to trial, if he did not do it (which, by the way, is precisely what I tell all my felony sex assault clients in today’s climate). He responded in words that had no real meaning for me as a “wet behind the ears” prosecutor, but ring so true in my current work. “Hey, Chris, you could try this case drunk. All ya gotta do [hey, this WAS Jersey, friend!) is put the baby on the stand and say her name and you will have every single juror ready to perform the castration on the spot! I can’t go to trial in this kind of case, Chris!”
Well, Mike Mac’s words came back to me last night, when I reflected on a spotlight moment yesterday in my latest voir dire effort. When the judge asked the potential jurors if the charges themselves would make it difficult for anyone to be fair and impartial, a woman raised her hand and said, “With these charges, I know he’s guilty already. I will find him guilty. He would have to prove his innocence to me, but I don’t think he can because of the fact of what he did.” Ouch.
She was excused, naturally, and before any attorney asked. The ADA, no doubt, was pleased. Then she – the prosecutor - gave me the answer I needed, in her own voir dire of the jurors. She used the phrase “in light of what the defendant did to these girls” as if the matter were a foregone conclusion. Double ouch?
Not at all.
Twenty minutes later, when the voir dire baton was passed to me, I seized upon the prosecutor’s ill-advised choice of words, and asked if any juror had heard her say what I had heard her say. An older, articulate female juror in the very front row – less than 5 feet from me – raised her hand and said she had heard that very phrase. I then honed in ad asked her how she felt about the phrase – even though for lots of reasons I knew I’d probably strike her if the AD did not.
She said: “I was very troubled and offended. I thought that the defendant was presumed innocent, and that it was OUR job to decide if he did anything to the girls. I found it uncomfortable that the DA was talking as if she KNEW he was guilty, and as if there were no presumption of innocence.”
[CVW to self: “Nice.”]
I then asked if anyone else had any other reaction or the same reaction to the DA’s ill-advised words. Half the hands in the box went up.
[CVW to self: “Very nice.”]
Then, just as another juror started speaking out about the same concerns, the prosecutor stood up and said that she thought she had said “what the defendant had allegedly done to the victims.”
CVW to jury venire: “That was not what I wrote down as a quote…
And then, I went right back to the “he’s guilty as sin” juror answer – with her long gone from the courtroom, asking they jury venire if they had heard HER answers. And if they had any reaction to HER views – i.e., “Fry the SOB!” The jurors then discussed for 10 full minutes – in their own words and with only a little prodding from me – the meaning and importance of the presumption of innocence AND the burden of proof beyond a reasonable doubt. The prosecutor – after 10 minutes of this GREAT defense stuff – finally started objecting to the “discussion” – another point scored for the defense voir dire, since the jury liked the discussion and the DA tried to stop it.
Today’s lesson, reinforced: in voir dire, listen with great care to the BAD things jurors – and the DA– are saying, and discuss them openly with the rest of the panel. It can only help the cause. Mike McConnell’s viewpoint notwithstanding … although he won too often for my then-prosecutor’s tastes."
CVW
Helpful information:
Criminal Trial Proceedings
10 Rules For Jurors
Thursday, July 12, 2007
Jury Deliberations BLOG
Helpful Information About Jury Deliberations
Criminal trials are "procedural" (see Trial Proceedings). Before the jury can deliberate a case, certain prodecures must be followed, particularly where alternate jurors are concerned - they must be retained or dismissed before deliberations (see Jury Deliberations).
Jury Procedures provides a detailed information about the exact process for jury selection.
More Helpful Jury Information For Attorneys
Anne Reed, a trial lawyer and jury consultant in Milwaukee, Wisconsin, maintains a BLOG regarding jury deliberations. Her BLOG includes very helpful information. Attorney Reed's BLOG: http://jurylaw.typepad.com/.
CVW
Criminal trials are "procedural" (see Trial Proceedings). Before the jury can deliberate a case, certain prodecures must be followed, particularly where alternate jurors are concerned - they must be retained or dismissed before deliberations (see Jury Deliberations).
Jury Procedures provides a detailed information about the exact process for jury selection.
More Helpful Jury Information For Attorneys
Anne Reed, a trial lawyer and jury consultant in Milwaukee, Wisconsin, maintains a BLOG regarding jury deliberations. Her BLOG includes very helpful information. Attorney Reed's BLOG: http://jurylaw.typepad.com/.
CVW
Monday, July 9, 2007
A Jury Of Your Peers
If the jury will be my peers, does that mean that they will be about my age, same nationality, same economic position in life, and so forth?
ANSWER:
Maybe.
Under the Constitution of the United States of America, a person accused of a serious crime (one for which the penalties can deprive him or her of life or freedom), has a right to a trial by an impartial jury (Sixth Amendment). Under the due process clause of the Constitution (Fourteenth Amendment), the Supreme Court has applied the Sixth Amendment guarantee to state criminal cases, and under the Seventh Amendment, the Constitution guarantees that right in Federal suits.
The Supreme Court has held that an "impartial jury" - a jury of your peers - means that the jurors are chosen randomly from the community and that no particular race, sex, national origin or other representative classification of the population is excluded. The random selection process, as with any statistical process, will result in a representative body being selected from the community. Over time, the entire jury pool will include members from each of the community's races, national origins and all other classifications of people, as well as the changes to the community.
The jury for a criminal trial is selected through a process called voir dire (for more information, refer to criminal trial procedures), which provides your criminal defense attorney an opportunity to eliminate some jurors. Even so, whether the jury consists of people of your same age, race, religious beliefs and national origin or not will depend upon the random selection process and whether people from those groups were selected to serve at the time of your trial.
ANSWER:
Maybe.
Under the Constitution of the United States of America, a person accused of a serious crime (one for which the penalties can deprive him or her of life or freedom), has a right to a trial by an impartial jury (Sixth Amendment). Under the due process clause of the Constitution (Fourteenth Amendment), the Supreme Court has applied the Sixth Amendment guarantee to state criminal cases, and under the Seventh Amendment, the Constitution guarantees that right in Federal suits.
The Supreme Court has held that an "impartial jury" - a jury of your peers - means that the jurors are chosen randomly from the community and that no particular race, sex, national origin or other representative classification of the population is excluded. The random selection process, as with any statistical process, will result in a representative body being selected from the community. Over time, the entire jury pool will include members from each of the community's races, national origins and all other classifications of people, as well as the changes to the community.
The jury for a criminal trial is selected through a process called voir dire (for more information, refer to criminal trial procedures), which provides your criminal defense attorney an opportunity to eliminate some jurors. Even so, whether the jury consists of people of your same age, race, religious beliefs and national origin or not will depend upon the random selection process and whether people from those groups were selected to serve at the time of your trial.
Helpful links:
Criminal Trial Proceedings
Jury Selection
Juror Rules
Saturday, June 30, 2007
Probation or Parole?
What's the Difference Between Probation and Parole?
ANSWER:
Both probation and parole represent ways for people convicted of crimes to avoid doing time. What's more, they're both conditioned on good behavior -- if the offender messes up, they're shown back to their cell. But there is a major procedural difference between probation and parole. Probation is part and parcel of the offender's initial sentence, whereas parole comes much later, allowing the offender early release from a prison sentence.
Probation is handed down by the judge at trial. It may be in lieu of jail time or in combination with some jail time. The judge will specify restrictions on the offender's activities during the probationary period.
Parole is granted by a parole board, after the offender has served some -- or perhaps a lot of -- time. The parole board may consider factors such as the offender's behavior in prison and level of rehabilitation, and let him or her out early. The parole board can also specify restrictions on the person's activities while on parole.
Last but not least, probation has one more vowel and two more consonants than parole.
CVW
ANSWER:
Both probation and parole represent ways for people convicted of crimes to avoid doing time. What's more, they're both conditioned on good behavior -- if the offender messes up, they're shown back to their cell. But there is a major procedural difference between probation and parole. Probation is part and parcel of the offender's initial sentence, whereas parole comes much later, allowing the offender early release from a prison sentence.
Probation is handed down by the judge at trial. It may be in lieu of jail time or in combination with some jail time. The judge will specify restrictions on the offender's activities during the probationary period.
Parole is granted by a parole board, after the offender has served some -- or perhaps a lot of -- time. The parole board may consider factors such as the offender's behavior in prison and level of rehabilitation, and let him or her out early. The parole board can also specify restrictions on the person's activities while on parole.
Last but not least, probation has one more vowel and two more consonants than parole.
CVW
Helpful links:
Parole Probation Post-conviction challenge Wisconsin criminal penalties
Friday, June 29, 2007
Introduction
In any given month, our firm receives more than 12,000 virtual (Internet) visitors. At our website, http://www.vanwagnerwood.com/, we focus on current criminal law issues to provide people with an idea of the types of criminal and drunk driving cases we regularly handle. While most of the people who really need a criminal defense attorney call our office to arrange a confidential consultation with one of our attorneys, we receive about half as many contacts via e-mails. About half of those e-mails are from people looking for an answer to a simple question, such as "What is the difference between probation and parole?", or "If my record is expunged, will the DA remove it from CCAP?" From time to time, we will post those types of non-legal thoughts here, but you should always remember that no BLOG or website can replace a consultation with an attorney.
At Van Wagner & Wood, we offer a free first-impression analysis, which is based on our more than thirty combined years of criminal law experience and providing expert criminal defense consultations. We call a first consultation a "first-impression analysis" to emphasize the fact that every case almost always requires more than a short initial conversation to gather all of the facts. The criminal defense lawyers at Van Wagner & Wood take hundreds of calls every week from people who have been accused or convicted of a criminal or drunk driving offense, parents of high school children or UW students who have found themselves in a bit of jam with the law, and spouses and significant others of people who have already been arrested.
Whether your freedom, reputation or finances are at stake, you may want to consider taking advantage of the free legal advice from our firm or any of the very knowledgeable and experienced attorneys in our network because at the end of the day, the other side (the DA) will always have tried more cases, be more knowledgeable of the law, and have gained more experience in knowing how and what to argue than most people can acquire in the short period of time between an arrest and a trial. Moreover, the DA will undoubtedly employ those skills to your disadvantage in a court of law. If you are considering going pro se, please read, "Representing Yourself In A Criminal Case".
Below are some helpful links.
How to choose a good criminal defense lawyer
When to hire a criminal defense attorney
Criminal trials - what to expect
CVW
At Van Wagner & Wood, we offer a free first-impression analysis, which is based on our more than thirty combined years of criminal law experience and providing expert criminal defense consultations. We call a first consultation a "first-impression analysis" to emphasize the fact that every case almost always requires more than a short initial conversation to gather all of the facts. The criminal defense lawyers at Van Wagner & Wood take hundreds of calls every week from people who have been accused or convicted of a criminal or drunk driving offense, parents of high school children or UW students who have found themselves in a bit of jam with the law, and spouses and significant others of people who have already been arrested.
Whether your freedom, reputation or finances are at stake, you may want to consider taking advantage of the free legal advice from our firm or any of the very knowledgeable and experienced attorneys in our network because at the end of the day, the other side (the DA) will always have tried more cases, be more knowledgeable of the law, and have gained more experience in knowing how and what to argue than most people can acquire in the short period of time between an arrest and a trial. Moreover, the DA will undoubtedly employ those skills to your disadvantage in a court of law. If you are considering going pro se, please read, "Representing Yourself In A Criminal Case".
Below are some helpful links.
How to choose a good criminal defense lawyer
When to hire a criminal defense attorney
Criminal trials - what to expect
CVW
The Disclaimer
Folks:
The information in this BLOG is not nor is it intended to be legal advice. Every letter, word or sentence ever published here appears without any legal research. Anybody who relies upon this information is certifiably insane or should be checked right away. Naturally, that also means that no attorney-client relationship can be formed through this or any other of our Internet publications (websites, BLOGS, etc.).
If you are a suspect in a criminal investigation, if you have been arrested for a criminal or drunk driving offense, or if you have already been convicted of a crime or drunk driving in Wisconsin and believe the conviction or sentence were wrong, please refer to the contact information on our firm's website (http://www.vanwagnerwood.com/) to access a form to send us your contact information or call (1-866-262-4599) Van Wagner & Wood, S.C. to speak with a criminal defense attorney for a confidential, no-obligation, brief but professional free first-impression analysis of your case.
The information in this BLOG is not nor is it intended to be legal advice. Every letter, word or sentence ever published here appears without any legal research. Anybody who relies upon this information is certifiably insane or should be checked right away. Naturally, that also means that no attorney-client relationship can be formed through this or any other of our Internet publications (websites, BLOGS, etc.).
If you are a suspect in a criminal investigation, if you have been arrested for a criminal or drunk driving offense, or if you have already been convicted of a crime or drunk driving in Wisconsin and believe the conviction or sentence were wrong, please refer to the contact information on our firm's website (http://www.vanwagnerwood.com/) to access a form to send us your contact information or call (1-866-262-4599) Van Wagner & Wood, S.C. to speak with a criminal defense attorney for a confidential, no-obligation, brief but professional free first-impression analysis of your case.
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