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Ensuring Our Clients Don’t Face Criminal Charges Alone
A single lapse in judgment or simple misunderstanding can quickly end in criminal charges. Whether you went through self-checkout and forgot an item at the bottom of the cart or you’re facing more serious charges, such as aggravated battery or sexual assault, you need to understand your charges and what you’re up against.
When you’re facing the full weight of the criminal justice system in Wisconsin and your future and freedom are on the line, you need a partner who understands the law and can advocate for your rights. West & Dunn is a criminal defense law firm that helps those in Waunakee and the surrounding areas who have been charged with misdemeanor or felony criminal offenses.
What Rights Do You Have If You Are Accused of a Crime?
In the United States, people are guaranteed certain rights when they are charged with a crime. Most people are familiar with some of these from popular legal TV shows, such as the right to remain silent, but it’s important to understand what these rights actually mean. For example, when you are arrested for a crime, you have the right not to speak. This means that police officers cannot force you to talk to them or answer any questions if you don’t want to. It also means that this can’t be held against you later at trial.
Another is the right to due process. This is a more complicated one, but it means that you can’t be held in custody or be “deprived of life or property” without legal grounds. In Wisconsin, you cannot be held for longer than 72 hours in police custody without being formally charged. Once you are charged, you have the right to a “speedy trial.” In general, trials start within 60 days for misdemeanors and 90 days for felonies.
You also have the right to an attorney throughout the entire process, from being questioned by police to standing trial in the state and federal courts. If you tell police officers that you want to exercise your right to have an attorney, they must stop questioning you until the attorney is there. If you cannot afford an attorney, one must be provided for you.
These are just three of many rights defendants have in the criminal justice system. It’s important that you speak with an attorney as early as possible in your case so that you are aware of your rights and can exercise them to help your defense.
What Is the Difference Between a Felony and a Misdemeanor?
Criminal charges are organized into two categories: felonies and misdemeanors. Misdemeanors are generally seen as less serious crimes than felonies. This also means that the penalties are less severe. For example, misdemeanor crimes involve shorter potential sentences — less than 9 months — while some felonies, such as first-degree intentional homicide, can result in life in prison. Felony charges also generally involve larger fines, which can easily be in the tens of thousands of dollars, depending on the crime.
Misdemeanor charges also generally have less of an impact on your life after your sentence has been served. If you are convicted of a second drunk driving offense, for example, this is a misdemeanor. After you serve your sentence, which can include jail time, fines, and a license suspension, you can basically return to normal life. However, if you are convicted of a felony, you may have to notify your employer, and it could prevent you from being able to work in certain industries, such as with children or vulnerable populations like the elderly. The longer prison sentences associated with felony convictions can also make it harder to maintain relationships with your family and friends.
What Does a Criminal Defense Attorney Do?
A criminal and traffic defense attorney is your legal representative as you go through the court system. They are focused on protecting your rights and ensuring that you get as strong of a defense as possible, no matter what you’ve been charged with or the circumstances of your case. They will go over the details of the case with you and decide what defense strategy makes the most sense and has the greatest chance of a positive outcome. Depending on the circumstances, they may try to negotiate a plea bargain with the assistant district attorney or work on trial strategy, such as preparing evidence and finding and questioning witnesses.
Remember that anything you say to your attorney is bound by attorney-client privilege. This means that you can and should be 100 percent honest and transparent about what happened when you speak with your lawyer. They need to know everything that happened before, during, and after the incident to be able to successfully defend you.
What Should You Do If You’ve Been Charged With a Crime?
When you’re arrested and charged with a crime, how you act and the decisions you make directly after can have a significant impact on your case. It’s important to be cooperative with officers during the arrest but not to say anything that might harm your defense. You can ask what you’ve been charged with if you are actually being arrested and not just detained. In general, the only other time you should speak with officers during an arrest is when providing your name and asking for an attorney.
The sooner you get a criminal law attorney involved, the better — especially if your case involves the federal and state courts. An attorney can help determine if you’ve been arrested or are just being detained. They can also sit with you while answering questions from the police to ensure that the officers follow the proper procedures and that you don’t answer anything that could potentially harm your case later.
It’s also important to let a friend or family member know that you’ve been arrested so that they can take care of any obligations you have, such as children or pets. You may also need to let your employer know that you won’t be able to come to work if you are going to be held for more than a few days. If you are given the option and can afford it, you can choose to post bail as soon as possible so that you don’t have to stay in custody and can continue on with your normal life until your case is settled.
The most important thing you can do for your defense is to work with an experienced criminal defense attorney. It’s important to find a law firm with attorneys who have successfully worked on cases similar to yours before and can explain what your options are and what to expect from the process. At West & Dunn, we help defendants in Wisconsin address a wide range of criminal charges. Get help with your case by calling 608-490-9449.