Caller: What is the definition of the word threatened? What does it mean? When can you pull the gun?
If a person is carrying concealed, they will be more likely to use a gun to protect themselves.
There are two elements to self defense. The first is that you sincerely believe that you are in a situation in which you will be killed, nearly killed or very seriously injured. The second is that your belief that you were at great risk was reasonable under the circumstances.
The type of situation then that might give rise to that type of situation for pulling the gun is one in which there is eminent danger such that you believe you will be killed or gravely injured. It means that your life, or the life of someone else in your presence, is in immediate deadly danger.
Every person in possession of a concealed weapon should have a number handy of a criminal defense lawyer who is experienced in both defending people against criminal charges and with Wisconsin's various gun laws so that you can call them if ever you should use your gun to protect yourself.
Showing posts with label Free Consultation. Show all posts
Showing posts with label Free Consultation. Show all posts
Friday, November 4, 2011
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.
Wednesday, August 20, 2008
Pro Se - Representing Yourself In A Criminal Trial
I have been charged with a felony crime and I want to represent myself in court. Any suggestions or guidance that you could provide me would be appreciated. Thank you.
ANSWER:
If you are charged with a felony, my only suggestion to you would be to hire a criminal defense attorney and to seek guidance from that attorney. Self representation is at the cornerstone of our legal system, with your right to represent yourself in any criminal proceeding protected by the United States Constitution. And yet, the Constitution also affords you an absolute right to representation by an attorney at law even if you cannot afford one.
US Federal Courts and Wisconsin State Circuit Courts operate by different courtroom rules and procedures. You will be expected to know those rules and procedures. In addition to knowing how and when to proceed, you will also be treated as though you are an experienced attorney with knowledge of criminal law, criminal procedure, constitutional law, evidential law and rules, and case law (previously decided cases). The court and the prosecutor are on the same payroll, and neither of them are required to teach you the law or courtroom procedure. The outcome can have a very negative effect on your finances or freedom. (See Pro Se Defendant Loses - Gets Convicted of 3rd Offense OWI; Wood Wins on Appeal)
If you are considered "indigent" under state guidelines, you can have an attorney appointed to you at no cost. Those attorneys are called public defenders. (Refer to Wisconsin State Public Defenders).
In some counties, if your income exceeds the guidelines for indigent status, and the county has funds or a program by which to fund court-appointed counsel, you can have an attorney appointed to you at no costs or at very reduced rates.
In all situations, regardless of whether you qualify for a court-appointed attorney, you should consider the facts that 1) the state is your opponent, 2) their attorneys are very experienced in prosecuting felony cases, 3) and they have access to state labs and other resources to support their case against you. As well, district attorneys may not be so readily agreeable to negotiating a plea settlement (often called plea bargaining) with a person who is not represented by an expert legal advisor, or you may be the subject of a less than honorable agreement (See District Attorney violates Supreme Court rules).
Most criminal defense attorneys provide free initial consultations to help you understand the basic requirements of proof involved in a case such as yours, the penalties available to the court if you are convicted, and their initial fees - a retainer - required to hire them to represent you. At Van Wagner & Wood, we provide a free first-impression analysis via phone, e-mail or a meeting. Unless the attorney knows you, your history and ALL of the facts of your case, a first initial consultation will be a first-impression of the merits of the state's case against you and your defense. Consequently, you may be required to pay additional fees beyond the initial retainer.
If a criminal defense attorney offers a free initial conversation, it would be well worth your time and effort to take advantage of that offer before you make a decision to represent yourself.
It may also be of some merit in your decision process to know that criminal defense attorneys do not "go pro se" if they are charged with a crime, even though they know criminal law and how to defend a case in a criminal trial. (See Attorney Staton Found Not Guilty).
If after all these considerations, you are still determined to go it alone, then you will want to have these sites bookmarked in your favorites. These suggestions represent only a few of the resources you will need, but they will get you started.
Wisconsin Criminal Code, Statutes
Wisconsin Circuit Courts, locations
Legal Handbook, Wisconsin Courts
Circuit Court Open Records, Online Access
Wisconsin State Court of Appeals, Opinions
Wisconsin Supreme Court Opinions
A legal dictionary - there are several, this is one
Jury Instructions
Helpful information:
Criminal Defense Overview
Free Initial First-Impression Analysis
Plea Agreements - Plea Bargaining
US Courts - Defense against federal charges
Wisconsin Courts
ANSWER:
If you are charged with a felony, my only suggestion to you would be to hire a criminal defense attorney and to seek guidance from that attorney. Self representation is at the cornerstone of our legal system, with your right to represent yourself in any criminal proceeding protected by the United States Constitution. And yet, the Constitution also affords you an absolute right to representation by an attorney at law even if you cannot afford one.
US Federal Courts and Wisconsin State Circuit Courts operate by different courtroom rules and procedures. You will be expected to know those rules and procedures. In addition to knowing how and when to proceed, you will also be treated as though you are an experienced attorney with knowledge of criminal law, criminal procedure, constitutional law, evidential law and rules, and case law (previously decided cases). The court and the prosecutor are on the same payroll, and neither of them are required to teach you the law or courtroom procedure. The outcome can have a very negative effect on your finances or freedom. (See Pro Se Defendant Loses - Gets Convicted of 3rd Offense OWI; Wood Wins on Appeal)
If you are considered "indigent" under state guidelines, you can have an attorney appointed to you at no cost. Those attorneys are called public defenders. (Refer to Wisconsin State Public Defenders).
In some counties, if your income exceeds the guidelines for indigent status, and the county has funds or a program by which to fund court-appointed counsel, you can have an attorney appointed to you at no costs or at very reduced rates.
In all situations, regardless of whether you qualify for a court-appointed attorney, you should consider the facts that 1) the state is your opponent, 2) their attorneys are very experienced in prosecuting felony cases, 3) and they have access to state labs and other resources to support their case against you. As well, district attorneys may not be so readily agreeable to negotiating a plea settlement (often called plea bargaining) with a person who is not represented by an expert legal advisor, or you may be the subject of a less than honorable agreement (See District Attorney violates Supreme Court rules).
Most criminal defense attorneys provide free initial consultations to help you understand the basic requirements of proof involved in a case such as yours, the penalties available to the court if you are convicted, and their initial fees - a retainer - required to hire them to represent you. At Van Wagner & Wood, we provide a free first-impression analysis via phone, e-mail or a meeting. Unless the attorney knows you, your history and ALL of the facts of your case, a first initial consultation will be a first-impression of the merits of the state's case against you and your defense. Consequently, you may be required to pay additional fees beyond the initial retainer.
If a criminal defense attorney offers a free initial conversation, it would be well worth your time and effort to take advantage of that offer before you make a decision to represent yourself.
It may also be of some merit in your decision process to know that criminal defense attorneys do not "go pro se" if they are charged with a crime, even though they know criminal law and how to defend a case in a criminal trial. (See Attorney Staton Found Not Guilty).
If after all these considerations, you are still determined to go it alone, then you will want to have these sites bookmarked in your favorites. These suggestions represent only a few of the resources you will need, but they will get you started.
Wisconsin Criminal Code, Statutes
Wisconsin Circuit Courts, locations
Legal Handbook, Wisconsin Courts
Circuit Court Open Records, Online Access
Wisconsin State Court of Appeals, Opinions
Wisconsin Supreme Court Opinions
A legal dictionary - there are several, this is one
Jury Instructions
Helpful information:
Criminal Defense Overview
Free Initial First-Impression Analysis
Plea Agreements - Plea Bargaining
US Courts - Defense against federal charges
Wisconsin Courts
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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