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INFO
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Van Wagner & Wood
Criminal Defense Overview
What to Do First
If you are under investigation for a crime, if you have have already been charged with a crime or drunk driving offense, or if you have already been convicted of a crime or drunk driving:
Call (608-284-1200) the attorneys at Van Wagner & Wood for a free first impression analysis of the case against you so that you can make an informed decision.
An Introduction to Criminal Law
The term "criminal law" has several definitions. Criminal law can be used to define the legal profession (comprised of criminal defense lawyers and prosecutors), or it can be used to mean the laws on the books (statutory law, case law, and ordinances), and it can be used to also define laws that are criminal, as well as laws that are not criminal. For example, homicide is not a crime, but murder is a crime. A homicide is a death of a person caused by another person. If a person is charged with murder, then the prosecution is stating that the person committed an illegal homicide.
Laws are passed to prohibit specific conduct because society believes the conduct to be wrong. But not all laws are crimes. For example, in the state of Wisconsin, a first offense of drunk driving is a civil offense, which is not a crime, but a second offense is a misdemeanor, which is a crime.
Criminal & Non-criminal Laws
A crime is an act prohibited by law and punishable by fine or imprisonment, or both. A non-criminal act is conduct prohibited by law, but only punishable by forfeiture (fines and property surrenders). The codified laws define the elements that must exist for a crime to be committed, and the punishments available.
Criminal Charges and Non-criminal Charges
Whether the charges are criminal or non-criminal, a charge is merely an allegation. Granted, those allegations can result in a long prison sentence,, but the fact of the matter is that any charge is an allegation. If the allegation is proven to be correct, the charge becomes a conviction. When a person is convicted, they may be sentenced to jail (typically, for periods of less than 12 months) or prison (for serious crimes and sentencing of more than 12 months).
Non-criminal Charges in Wisconsin
A non-criminal charge is usually governed by local law or enacted by legislature as being a lesser offense. Examples of non-criminal charges that a criminal defense attorney would be consulted for are first-offense drunk driving, disorderly conduct (disturbing the peace), and traffic violations. For non-criminal charges, a criminal defense lawyer can help you to defend yourself against the charge. In some situations, the charges may be dismissed, reduced, alternated for a different lesser charge, or prosecuted.
Criminal Charges in Wisconsin
A criminal charge can only be made under state statutory law or Federal law. The Federal government enacts laws that concern federal security, protection, interstate transactions and crimes, and serious offenses. For example, drug offenses can be charged as a state crime under state statutory law or a federal drug crime under Federal law. If they are charged as a federal crime, then the case falls under Federal law and guidelines, as well as in Federal court.
Charges are allegations, which are accusations. Criminal charges accuse a person of violating a state or federal law (statute), and regardless of the evidence gathered, must be proven by a prosecuting attorney in a court of law or admitted (confessed) to by the defendant. Examples of criminal charges include Negligent Homicide, Fifth Offense OWI, and Drug Trafficking.
Arrests -v- Charges
In order for a person to be lawfully detained under arrest, the arresting agency must have probable cause to suspect the person being arrested. In some situations, probable cause is circumstantial - based on the circumstances, the person is believed to have committed a crime.
HOWEVER, an arrest is not a criminal charge. A person may be arrested for the killing of another person, but that does not mean that they are charged with the crime of murder. Rather, charges are said to be "brought against a person" when they are formally recorded by a department of the justice system, and the person is said to be “formally charged” or “charged” with a specific offense or offenses. Before formal charges are filed, a person is merely “suspected” of committing a crime. When the state files formal charges against a person, the state is “indicting” the person on the charges.
Indictments
Once indicted, the prosecutor tries to prove the person’s guilt, referred to a prosecuting the case, and the criminal defense attorney tries to defend the accused person against those charges by “raising reasonable doubt.” If a jury or judge concludes that a defendant is guilty of a charge, the defendant is “convicted.” If a defendant is found innocent of a charge, they are “acquitted.”
Wisconsin Classifications of Statutory Crimes
Under Wisconsin law, laws are made to prohibit conduct that society believes to be against the public good. Even though a first offense drunk driving is not a criminal act, it is still called a crime and it is prohibited by statutory law. (Laws that prohibit conduct in a city are ordinances).
The most severe crime is a felony. Generally, a felony is an offense for which the punishment exceeds one year in a prison. The attorneys at Van Wagner & Wood represent people who have been accused of, charged with, or convicted for a felony.
The lesser crimes are misdemeanor offenses. Generally, a misdemeanor is an offense for which the punishment is less than one year and consists of incarceration into a county or local jail, rather than a state prison. Van Wagner & Wood's attorneys also represent people accused of, charged with or convicted for misdemeanors.
Lastly, non-criminal charges, such as first-offense drunk driving charges (called OWI in Wisconsin), may or may not include penalties involving any jail time, depending upon the offense, and in most cases, do not require jail time, although jail time may be the result of some other law that is invoked by the commission of a non-criminal offense. Van Wagner & Wood's attorneys also represent people accused of non-criminal charges.
Wisconsin’s "Open Records" Law
Under Wisconsin law, the records of all persons arrested for, charged with, or convicted of an ordinance violation, a misdemeanor, or a felony are open to the public for review, and to provide a readily accessible manner by which the public may access those records, the Wisconsin Circuit Court system provides all of that information on a Website. You can access the site on the Internet at http://wcca.wicourts.gov.
See also: Changes to CCAP Website
First Offense Drunk Driving
A person stopped for a first offense of drunk driving will be charged with a first offense drunk driving charge (in Wisconsin, those are called OWI charges). The first offense is a civil offense, but the charge is still recorded on CCAP (http://wcca.wicourts.gov), as well as with the Department of Transportation. A second through fourth offense drunk driving is a misdemeanor charge, and a fifth or subsequent drunk driving charge is a felony.
Investigation and Arrest
If you under investigation or a suspect to a crime, the police may want to question you. Regardless of the fact that they may tell you that you do not have a need to have an attorney present (usually because you are not under arrest), the reality is that you have a right to have an attorney present. If they state that you do not have a need for an attorney because you are not under arrest, they are not denying you your constitutional right to have an attorney present, nonetheless, the information that they obtain during questioning will be used during the investigation, even if you are not under arrest.
Constitutional Rights
The Constitution of the United States provides laws to protect the rights of those accused of a crime including the right to refrain from testifying against one’s self - called self-incrimination under the 5th Amendment, the right to legal representation.
The Prosecutor
The state or federal government is the "plaintiff" in a criminal case and is represented by the District Attorney’s office that assigns a "prosecutor".The police, prosecutor, district attorney, judge, and bailiff are all members of the justice system. All of the facts, evidence, forensics lab findings, police investigation, and witness testimony create the "case", and the prosecutor tries to prove that case against the defendant in a jury or bench (judge-only) trial.
Limitations on Prosecution
The government may be limited in its prosecution of a person for a non-criminal act, as well as a criminal act. That limitation may be imposed upon the prosecuting authority by reasons of mental saneness, age, or physical or mental abilities of the the defendant to commit the crime charged. Other limitations are imposed by statutory law or administrative rule.
Understanding The Prosecution Role
All of the members of the court system, the governmental body that arrested you, and the support personal that help to arrange your arraignment are employees of the judicial system. They are not employed to help you understand the written law, the criminal defense process, how to have charges dismissed, how to avoid being charged for a drunk driving offense or crime, or how to suppress evidence; in fact, the entire justice system has the exact opposite purpose - to prosecute you.
The Defendant
The person charged is the “defendant.” Even if the charges are not of a criminal nature, the person charged is still the defendant and must defend him or herself against prosecution. For example, a disorderly conduct charge can be a misdemeanor or an ordinance violation (typically, in the state of Wisconsin, it is charged as a misdemeanor and then plea bargained to an ordinance violence, if that is an option).
The Criminal Defense Attorney
The person representing the defendant is a "criminal defense lawyer" or "criminal defense attorney" (the terms attorneys and lawyers are interchangeable). A criminal defense lawyer assesses the charge or charges against you, may seek to have charges dismissed or reduced whenever that is an option, motion the court to have evidence suppressed if it should be, and explain your options to you. Your criminal defense lawyer will also ensure that your rights are protected.
Privileged Communications
When you hire an attorney, the conversations between you and your attorney with regard to your pending case are privileged. Conversations about other matters that do not pertain to the case and e-mail's that are sent over the Internet are not privileged.
Juvenile Justice System
Crimes committed by children (people under the age of 18 years), known as “juvenile crimes,” fall under “juvenile law” and the jurisdiction of the juvenile justice system. Juvenile court procedures tend to be less formal, and many juvenile justice systems offer alternative sentencing, such as diversionary programs and voluntary probation sentences. It may surprise you to know that under Wisconsin Law, as well as is common in most other states, a person over the age of 5 years can be charged with a crime, and a person who has attained the age of 13 years can be moved into adult court, depending upon the circumstances.
Appeals
Under Wisconsin law, if a person is convicted of a crime in the state of Wisconsin, they have a right to appeal the conviction or the sentence. That process is commonly called "a right to appeal" and a state that provides that right by statute is referred to as a "right to appeal state".
If you believe that your conviction or sentence were wrong, call (608-284-1200) or e-mail the attorneys at Van Wagner & Wood right away.
Disclaimer
The information on this Website is not legal advice, and the use of this information is subject to the terms and conditions in disclaimer.
Contact Van Wagner & Wood
If you are under investigation for a crime or drunk driving offense, if you have already been charged with a crime or drunk driving violation, or if you have already been convicted but believe your conviction or your sentence were wrong, please call (608-284-1200) or contact the attorneys at Van Wagner & Wood via e-mail right away. The criminal defense attorneys at Van Wagner & Wood will give you a free brief but professional "first-impression" analysis of your case and your situation, which will allow you to take an important first step in defending the case against you.
Van Wagner & Wood's office is located at Martin Luther
King, Jr. Blvd. and Doty Street. 10 East Doty is located on the outside
of the first circle surrounding the capitol building. You can park under
the building by entering the parking lot from Doty Street. If you park
under 10 East Doty, the offices of Van Wagner & Wood will validate
your parking ticket so that you do not have to pay to park. If the parking
ramp is full, there are numerous parking places surrounding 10 East Doty,
as well as a public parking ramp on State street. 
Appeals & Serious Crimes - Homicide - Murder
Federal Crimes
Drug Crimes
The criminal defense attorneys at Van Wagner & Wood
handle cases involving drug offenses in which the accusation is made by
either a state or a Federal prosecutor, arrests by state officials or
Federal agents, and other drug cases such as those handled by the DEA.
Drunk Driving (OWI, DUI, DWI)
Madison (Dane County), Richland Center (Richland County),
La Crosse (La Crosse County), Jefferson (Jefferson County), Wisconsin
Dells (Columbia County and Sauk County), Stevens Point (Portage County),
Dodgeville and Mineral Point (Iowa County), Portage (Columbia County)
and Montello (Marquette County).
Sexual Assault & Sex Crimes
Dane (Madison, Middleton, Monona, Fitchburg), Green (Monroe),
Lafayette (Darlington), Dodge (Beaver Dam, Waupun), Portage (Stevens Point),
Wood (Wisconsin Rapids), Sauk (Wisconsin Dells), Columbia (Columbus),
Richland (Richland Center) and Juneau (Mauston) area.
