Appleton Criminal Defense | Oshkosh Criminal Defense | Wisconsin Criminal Defense
Petit & Dommershausen, SC provides experienced counsel with proven results. We help you consider all of the options so that we can take the best course of action for your individual situation. Call us today for professional, comprehensive and confidential legal advice in the following areas:
- Sexual Assault
- Drug Offenses
- Battery & Domestic Violence
- OWI (Operating Whilte Intoxicated/Drunk Driving)
- Juvenile. Our team of Attorneys can help you with Juvenile Law and Juvenile Defense too! (Delinquency & School Expulsion Proceedings)
- All others. Call now for a consultation.
If you are questioning whether or not you need an attorney, click here.
Criminal Do’s and Don’ts
- 1. Retain an attorney who specializes in criminal defense as soon as possible, preferably before you have talked to or answered the questions of a police detective.
- No matter how charming or terrifying the detective is, do not share any information other than your name, address and vital statistics (i.e., date of birth, etc.).
- Refuse to talk to anyone about your case except for your attorney and his or her staff.
- Refuse to answer any questions asked by the police or anyone else about the present charges or any other charges or alleged crimes without the advice of an attorney.
- Refuse to give any consent or waivers to the police.
- Refuse to submit to any line-ups, identifications, examinations or tests without prior consultation with your attorney.
- It is better to not say anything than to lie. Lying to a police officer can be an additional charge of obstructing which, in Wisconsin, is a misdemeanor with a maximum of a $10,000 fine and/or 9 months in jail.
- Police officers cannot make legally binding promises to you regarding your prosecution. Only a District Attorney or a U.S. Attorney has the power to make any deal.
- Be polite to everyone concerning this matter, but do not discuss the case.
- Be aware that if you are out on bond, you must not violate that bond or have any additional violations of the law. If you violate any condition of the bond or are arrested, the District Attorney could add a charge of bail jumping, which could be a felony with an additional 6-year penalty.
- You must notify your attorney and the Clerk of Courts within 48 hours of any change of address.
Drunk Driving / OWI
If you’ve been arrested for a DUI in Wisconsin, you may feel like the weight of the world is on your shoulders. Your family depends on you… and you need a lawyer that you can depend on. Petit & Dommershausen, SC will provide dedicated, personalized service from the moment you step foot in our office. Let us help begin preserving your rights and getting your legal needs met.
Drunk driving is the act of operating and/or driving a motor vehicle while under the influence of alcohol and/or drugs to the degree that mental and motor skill is impaired. It is illegal in all jurisdictions within the U.S. The specific criminal offense can be called driving under the influence [of alcohol and/or other drugs], driving while intoxicated, operating while impaired, or operating a vehicle under the influence. In Wisconsin, it is called OWI, operating while intoxicated. Such laws may also apply to boating or piloting aircraft.
What You Need To Know If You Are On Probation
This is a brief procedural guide for when your agent accuses you of violating your rules of supervision. Arrest If your agent suspects you of violating your rules, you may be arrested and taken to the county jail. It will likely be a few days before you see your agent or another agent to discuss the allegations with you. The Department of Corrections investigates reported violations and will have some information before they visit you.
At this point, you have probably been in jail on a “hold” for at least a day or two. Your agent believes you violated your rules or you wouldn’t have been arrested. Unfortunately you are required to give a statement to your agent. While this statement cannot be used against you, if new charges are filed, they can be used to revoke you. The reason it can’t be used in a criminal prosecution is because you’re required to give the statement and therefore it constitutes a compelled statement which also means your agent will not read you any Miranda warnings. When your agent speaks with you, you are required to give a truthful statement. If your alleged violations involve drugs or alcohol, be receptive to treatment.
To revoke or not
Your agent now needs to determine whether to revoke you, release you with a warning or offer you an alternative to revocation. If it is revoked, there is only one question – how much time you will be locked up for. If your probation is not revoked you cannot be held in jail by your agent beyond the appellate time period window. If you haven’t already consulted an attorney now is the time to do so, before this decision is made. It may be possible for a good attorney to convince your agent not to revoke or at least to put you in the best possible position for your hearing.
Preparing for the revocation hearing
A good criminal defense attorney can make all the difference at a hearing. It is important to identify all of the issues and needs that you have. You should hire somebody who can effectively advocate your interests and can negotiate with the probation agent. If the case goes to hearing, you need to be prepared to argue for an appropriate alternative to revocation. You should also be prepared to defend vigorously against false allegations. Remember, criminal cases are often prosecuted in conjunction with probation revocations—a revocation hearing can be one opportunity to confront your accusers in an informal setting.
Many times a good attorney can stop you from being revoked. Many people consider probation revocations to be very difficult to win; however, they can be won or at least you can get a better sentence with proper preparation and can get valuable information if new charges are filed. These cases are defensible and should be approached aggressively. Not to mention, witnesses and alleged victims can be questioned at these hearings with no real attorney helping them (only the agents). This testimony can be invaluable to both sentencing if revoked and new criminal charges if filed.