Is the crime of battery a misdemeanor or felony?

Most people think of assault and battery as the same crime, but the two ideas are different. Assault is a threat which creates apprehension of harm, while battery is the actual physical act that does harm someone. Under Wisconsin law, battery is an intentional act of causing injury to another person. Whether battery is considered […]

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When can a Miranda rights waiver be found unconstitutional?

When the police investigate crimes, they often depend on information provided by suspects and witnesses to begin to form their conclusions about how the crime progressed and exactly who was involved when. This process has its flaws, though, and one of them is that during the early investigative stages, it is easy for witnesses to […]

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4 factors that may influence eyewitness testimony

Police, prosecutors and juries often rely on eyewitness testimony to determine what really happened at the scene of a crime. While this may seem like a concrete way to get a conviction, eyewitness testimony isn’t rock solid and can be affected by several factors. When you are the accused in a court case, it’s vital […]

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Officials say junk science is more common than you think in criminal courts

It seems easy on television. A crime is committed, crime scene techs come in and prove who did or did not commit the crime based on a stray hair, or a tennis shoe print. For a time it seemed to be that concrete in the real world too. Bite marks, hair identification, footwear analysis all […]

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What Can You Learn From “Making a Murderer?”

Because of the new documentary “Making a Murderer,” Wisconsin currently sits in the national legal spotlight. Other than making for high-ratings, though, can this documentary offer any concrete lessons for the average Wisconsinite? One of the key points of the documentary involves the legal representation had by the defendant in this case. The family finally […]

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Does Telling The Police You Want An Attorney Always Work?

Once you ask for an attorney during a police interrogation, you’re safe, right? Not necessarily. Here in Wisconsin, our state’s supreme court stated that you can indeed waive your right to counsel even if you, at first, ask for a lawyer. In the case of State of Wisconsin v. David W. Stevens, the defendant had […]

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Can I Just Represent Myself In My Criminal Defense Matter?

Yes, you can.  You can also set your bone yourself if you break your arm. What does that mean?  It means that you can indeed represent yourself, but you should understand that certain consequences can come with representing yourself. What are some of these consequences? When you represent yourself, you are attempting to navigate dangerous […]

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Can The Police Make Me Take A DNA Swab Test?

Yes. They can. Under certain conditions, recent changes in Wisconsin law mean you can be swabbed for DNA without having been convicted of a crime. In fact, even if you are merely arrested, a police officer can submit you to an invasive swab test. When Can You Be Swabbed For DNA? Previously, you were only […]

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Criminal Defense: If It’s Good Enough For The Rich & Famous . . .

Even the famous need a lawyer. Continuing the string of high-profile football players needing criminal defense representation, Packers tight end Andrew Quarless has now been charged with a misdemeanor for discharging a firearm in public. He joins De’Andre Johnson (misdemeanor battery charges for punching a woman in the face) as the most recent football players […]

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