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
Showing posts with label Double Jeopardy. Show all posts
Showing posts with label Double Jeopardy. Show all posts
Friday, November 4, 2011
Friday, November 23, 2007
Jensen Should Get A Fair Shake
Why was Scott Jensen's conviction reversed by the Wisconsin Court of Appeals?
http://criminalattorney.vanwagnerwood.com/
http://criminalattorney.vanwagnerwood.com/
Monday, July 23, 2007
Possession of Controlled Substance - Drugs - State or Federal?
If I am arrested for possession of marijuana, will it be a state or federal charge?
Possession of marijuana is charged as the crime of Possession of a controlled substance. As with any drug crime, a person can be compelled to testify before a grand jury, charged, tried, convicted and sentenced by a federal agency, a state agency, or both for each incident of possession. If convicted by both a federal court and a state court, each court can impose a separate sentence including fines, imprisonment, or both. Imprisonment for a federal offense is in a federal prison, and imprisonment for a state offense can be in a state prison, a county jail, or both.
Double jeopardy does not apply when two separate governments prosecute an individual for the same crime and the same incidence of the crime. Either agency can be the first to charge an individual, and the other agency can bring charges afterwards regardless of whether the individual is convicted or acquitted in the first trial. The same applies to plea bargains unless the settlement agreement specifically excludes the other agency from bringing charges.
In most cases, there is no discussion between the federal government and the state government regarding which government will prosecute the defendant, unless there is a very large quantity of drugs delivered or possessed with intent to deliver.
The charge of possession of a controlled substance is based on the quantity of the drug. The laws for each drug classification provide the quantity limit for "personal use", and if that limit is exceeded, the charge can also include "intent to sell, delivery or distribute".
Drug charges and convictions are posted on the Wisconsin State Circuit Court website (CCAP) located at: http://wcca.wicourts.gov/index.xsl.
Wisconsin law provides a right to an automatic appeal if a person is convicted of a crime in a Wisconsin state court. An automatic right to appeal only eliminates the process of applying for the right to be heard by the Court of Appeals. If a person is convicted of drug charges under both Federal and Wisconsin state law, an appeal is made to the respective higher court - to the US Court of Appeals for convictions from a Federal court and to the Wisconsin State Court of Appeals for convictions from a Wisconsin State Circuit Court.
Helpful information:
Wisconsin Drug Crimes
State Drug Crime Penalty Schedules
Federal Drug Crime Penalty Schedules
Federal - Distribution & Sexual Assault
Search & Seizure In Drug Crimes
Double Jeopardy
Criminal Trials in Wisconsin
Federal Defense Attorney Chris Van Wagner & Tracey Wood
Possession of marijuana is charged as the crime of Possession of a controlled substance. As with any drug crime, a person can be compelled to testify before a grand jury, charged, tried, convicted and sentenced by a federal agency, a state agency, or both for each incident of possession. If convicted by both a federal court and a state court, each court can impose a separate sentence including fines, imprisonment, or both. Imprisonment for a federal offense is in a federal prison, and imprisonment for a state offense can be in a state prison, a county jail, or both.
Double jeopardy does not apply when two separate governments prosecute an individual for the same crime and the same incidence of the crime. Either agency can be the first to charge an individual, and the other agency can bring charges afterwards regardless of whether the individual is convicted or acquitted in the first trial. The same applies to plea bargains unless the settlement agreement specifically excludes the other agency from bringing charges.
In most cases, there is no discussion between the federal government and the state government regarding which government will prosecute the defendant, unless there is a very large quantity of drugs delivered or possessed with intent to deliver.
The charge of possession of a controlled substance is based on the quantity of the drug. The laws for each drug classification provide the quantity limit for "personal use", and if that limit is exceeded, the charge can also include "intent to sell, delivery or distribute".
Drug charges and convictions are posted on the Wisconsin State Circuit Court website (CCAP) located at: http://wcca.wicourts.gov/index.xsl.
Wisconsin law provides a right to an automatic appeal if a person is convicted of a crime in a Wisconsin state court. An automatic right to appeal only eliminates the process of applying for the right to be heard by the Court of Appeals. If a person is convicted of drug charges under both Federal and Wisconsin state law, an appeal is made to the respective higher court - to the US Court of Appeals for convictions from a Federal court and to the Wisconsin State Court of Appeals for convictions from a Wisconsin State Circuit Court.
Helpful information:
Wisconsin Drug Crimes
State Drug Crime Penalty Schedules
Federal Drug Crime Penalty Schedules
Federal - Distribution & Sexual Assault
Search & Seizure In Drug Crimes
Double Jeopardy
Criminal Trials in Wisconsin
Federal Defense Attorney Chris Van Wagner & Tracey Wood
Monday, July 16, 2007
Double Jeopardy
When does double jeopardy apply?
In a criminal trial, jeopardy attaches when the jury is sworn. In a judge trial, jeopardy attaches when the first witness is sworn. If there is no trial, then jeopardy attaches when the court accepts the defendant's plea.
Double jeopardy protection applies if jeopardy previously attached, and more specifically, to a single crime and a single incidence of that crime.
Double jeopardy protection does not apply to grand jury proceedings, to other crimes committed at the same time as the crime to which jeopardy applied, or to other incidences of the same crime that were not previously charged.
Helpful information:
Double Jeopardy
Criminal Trials in Wisconsin
In a criminal trial, jeopardy attaches when the jury is sworn. In a judge trial, jeopardy attaches when the first witness is sworn. If there is no trial, then jeopardy attaches when the court accepts the defendant's plea.
Double jeopardy protection applies if jeopardy previously attached, and more specifically, to a single crime and a single incidence of that crime.
Double jeopardy protection does not apply to grand jury proceedings, to other crimes committed at the same time as the crime to which jeopardy applied, or to other incidences of the same crime that were not previously charged.
Helpful information:
Double Jeopardy
Criminal Trials in Wisconsin
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
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