If you have been charged with a misdemeanor or felony or are currently being investigated by the police or the State, you have a lot to lose.  You could lose your job, house, license, family, reputation, and personal freedom.  When charged with a crime, the State will use its unlimited resources to prosecute you and the prosecutors will point out each and every negative fact in your case and even try to bring up past events to show how bad of a person you are.  You need someone on your side to fight for you, put the State to its burden of proof, and to inform the court or jury of what truly happened, not just the police officer's version.

Attorney Clayton Griessmeyer has experience representing criminal defendants in various crimes from traffic tickets, to misdemeanors, to felonies.  He has represented defendants throughout the Southern Wisconsin area including in Madison, Monroe, Baraboo, Waukesha, Juneau, The Wisconsin Court of Appeals, and other courts. 

DEFENDANT'S CONSTITUTIONAL RIGHTS

WISCONSIN DEFENSES TO CRIMES

Criminal Defense attorneys are hired to investigate your case and explore all possible scenarios. They have a duty to investigate all possible defenses even if you admit guilt.  In Wisconsin, some statutory and other defenses include: Intoxication, privilege, coercion, necessity, adequate provocation, mistake of fact mistake of law, self-defense, mistake, defense of property, protection against retail theft, consent, duress, infancy, entrapment insanity, diminished capacity, PTSD

If charged with a crime, contact Attorney Clayton Griessmeyer who can help explain to you the different possible defenses to your case and whether they are likely to apply.

DO THE POLICE NEED A SEARCH WARRANT-SEARCH WARRANT EXCEPTIONS

Wisconsin and all states must abide by the 4th amendment concerning searches and search warrants. Although the 4th amendment and other laws are supposed to prevent searches by the police or government without a warrant, there are numerous exceptions.

Some common exceptions allowing police to search you or your property without a warrant include:

■A search performed after you are lawfully arrested-called a search incident to lawful arrest.

■A search of your vehicle based on probable cause.

■Evidence found in "plain view".

■A consent search. When you give the police permission to search you or your property.

■Stop and Frisk. The police can detain you and perform a pat of your outer clothes area without a warrant to protect themselves.

■Exigent Circumstances. Generally, your home has the most protection from unreasonable searches and only when there are "exigent circumstances" can the police enter your home without a warrant. Some of these would include if the police believe someone inside your home needs help, or if the police believe they need to enter to prevent the destruction of evidence.

■Community Caretaker. This exception is used by police when they need to check up on someone who they believe may be injured.

WISCONSIN SEARCH WARRANT HYPOTHETICALS

The 4th amendment as well as the Wisconsin Constitution prevent the government from conducting unreasonable searches. Search protections apply to people, cars, houses, any many other things/ areas. Wis. Const. Art. I, § 11 (2007) Section 11. Searches and seizures. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

Below are some common questions and hypothetical answers regarding search warrants in Wisconsin. (Note cases and notes are provided for general information and may be out of date and or overruled.  Every case has unique circumstances and therefore you should always investigate your personal case with a lawyer and not rely on any general hypothetical situations.) Also note that just because a search was valid in one case does not mean you should not argue against it in your case.  If you had a reasonable expectation of privacy and there was a warrantless search- challenge it.  Failing to do so will encourage the police and government to continue to search all of us without obtaining judicial approval first. 

1. Can a person use Electronic eavesdropping without your consent? Electronic Eavesdropping, done with the consent of one of the parties, does not violate the U.S. constitution.

 2. Can the police search you or your without probable arrest, probable, cause, or another exception if the police are only investigating a civil forfeiture and not a crime (like a 1st OWI)? The prohibition against unreasonable searches and seizures is not limited to criminal cases. It applies in forfeiture actions arising out of ordinance violations.

3. Can Police lock a car to protect its contents after arresting the driver. Probably. But if it is already locked, they cannot enter it and say they needed to just to lock the car.

4. Can police officers in search a borrowed car if the lawful user of that car gives consent to search? Probably.

5. Is it legal for the police in to fly over houses at 800 feet and use standard binoculars and standard zoom camera lenses to surveil what is below? Courts have found this type of behavior legal.

6. If the police admit evidence that was seized in an illegal search at your trial, does it mean you get a new trial? Not necessarily, the court can find that other evidence that was uninfluenced by the inadmissible evidence was sufficient to convict you despite any illegal evidence.

7. Can the police look through your garbage without a search warrant? Probably, There is generally no reasonable expectation of privacy in garbage once it has been routinely collected by garbage collectors.

8. Can the police use evidence that they seized at your house in violation of your rights and based on a defective search warrant? Oftentimes under the inevitable discovery exception, the police might prove that they would have found the evidence anyway based on a later inventory or some other search.

9. If a police officer observes a traffic violation, stops your car to render assistance and inadvertently discovers criminal evidence in your car, can that evidence be used against you? Probably.

10. If you park your car at a hotel, can the police come by at night and use a police dog to sniff your car where it is parked without a warrant. Probably yes, courts have found there is no expectation of privacy around the air space around a car in a motel parking lot.

11. Can the police use infrared sensing devices to detect heat (example if someone is using grow lights) without a warrant? Most courts have found that using an infrared sensing device constitutes a search and requires a warrant.

12. Can a police officer search you or a bathroom stall you are in if you share the stall with another and leave the door slightly ajar. Probably yes because the there is evidence the stall is not being used for its intended purpose.

13. Do the police need a search warrant to search your porch or the inside of your house after viewing contraband through the porch? It depends, a court has found that a defendant had no reasonable expectation of privacy in a porch when the door to the living area was visible and an officer came to the defendant's residence for a legitimate purpose, and observed contraband from the porch through a window in the interior door.

WISCONSIN AND FEDERAL SPEEDY TRIAL RIGHTS

Defendants in criminal cases are afforded protection against prejudicial delays in their criminal cases. Depending on the length of delay, reasons for delay, and whether and when the defendant was arrested and or charged, the defendant may need to file a motion to dismiss for violation of due process and or speedy trial rights. In Wisconsin, the statutory right to a speedy trial is: 971.10(1) (1) In misdemeanor actions trial shall commence within 60 days from the date of the defendant's initial appearance in court. 971.10(2)(a) (a) The trial of a defendant charged with a felony shall commence within 90 days from the date trial is demanded by any party in writing or on the record. If the demand is made in writing, a copy shall be served upon the opposing party. The demand may not be made until after the filing of the information or indictment. For remedies, see 971.10(4) (4) Every defendant not tried in accordance with this section shall be discharged from custody but the obligations of the bond or other conditions of release of a defendant shall continue until modified or until the bond is released or the conditions removed.

Violation of the Constitutional right to a speedy trial may result in dismissal of the charges. Both the Sixth Amendment to the United States Constitution and article I, section 7 of the Wisconsin Constitution guarantee an accused the right to a speedy trial.  [4] In order to determine whether an accused’s right to a speedy trial has been violated under the Federal Constitution, we use the four-part balancing test established in Barker, 407 U.S. at 530, and we use the same test under the Wisconsin Constitution. Day v. State, 61 Wis. 2d 236, 244, 212 N.W.2d 489 (1973). We consider (1) the length of delay; (2) the reason for the delay; (3) the defendant’s assertion of his right; and (4) prejudice to the defendant. Barker, 407 U.S. at 530. The right to a speedy trial is not subject to bright-line determinations and must be considered based on the totality of circumstances that exist in the specific case. Id. Essentially, the test weighs the conduct of the prosecution and the defense and balances the right to bring the defendant to justice against the defendant’s right to have that done speedily. Id. The only remedy for a violation of the right to a speedy trial is dismissal of the charges. Id. at 522.  [4] The Sixth Amendment to the United States Constitution provides that “the accused shall enjoy the right … in prosecutions by indictment or information to a speedy public trial.” Article I, section 7 of the Wisconsin Constitution provides in part that “[i]n all criminal prosecutions the accused shall enjoy the right to a speedy and public trial.” State of Wisconsin v. Urdahl 2005 WI App 191

SHOULD YOU PLEAD GUILTY?

People are often intimidated by the court system and afraid when they get to court, especially on a first offense crime. Because of this, many criminal defendants often choose to just plead guilty at their initial appearance. This is very often not the smartest thing to do. When you plead guilty, you are admitting you committed the crime(s) charged and most likely forever waiving your right to fight the charges. It is very difficult to re-open a plea after it has been entered. In Wisconsin, as with any state, before pleading guilty you should consider the following: You may be sentenced to jail, prison, large fines, probation, parole, mandatory classes like anger management or driver's safety plans, alcohol assessments. In addition, you may give up certain rights like the right to vote or own a gun. In Wisconsin, a misdemeanor conviction for domestic violence disorderly conduct can result in an order preventing firearm ownership. Pleading guilty may also result in job loss and other negative consequences. Last, consider the prosecutor on your case may not have strong evidence of the alleged crime, may have problems with witnesses, and there may be problems with the police not following the rules which could result in your case getting dismissed. Before entering any plea, it is wise to seek a free consultation with a defense attorney.

WHY HIRE A LAWYER?

■Every person charged with a crime should at least consult with an attorney, even if the crime seems to be very minor or the d.a. has already made an offer of probation.  Most Madison, Wisconsin criminal defense Attorneys will offer a free first appointment.  The legal system is very confusing and courts do not have the time to explain things to criminal defendants.  Attorney Griessmeyer has kept Wisconsin criminal defendants out of jail and prison, and has saved various clients substantial amounts of money including over $800 on a Madison DUI case and over $20,000 in restitution on a separate case. 

■Very minor details play huge roles in the legal system and overlooking a small detail could lead to a very bad result on your case.  For example, a self represented person could easily overlook something as simple as a jury demand in certain types of cases.   By missing this date, the defendant forever waives his right to a jury on the case.  Other examples include filing a request for a refusal hearing within the time limits, and filing a motion to extend the amount of time allowed for a suppression motion.  Wisconsin criminal lawyers are familiar with important and often confusing legal rules and concepts.

■Attorneys can negotiate "plea deals" with prosecutors and often obtain reduced charges, lesser sentences, and sometimes even get cases dismissed.  Self represented persons not only do not have the knowledge to argue their case with the prosecutor, they also have no bargaining power because the d.a. knows the self represented person could never win a trial against him. 

 ■Attorneys are very familiar with sentencing and how to argue for a lesser sentence or other alternatives like electronic monitoring, work release or 1st offender Oftentimes these additional options are very hard to find and a self represented party would most likely never even be aware of certain things like a reduction in fine.  For example, Attorney Griessmeyer was able to obtain a reduced fine on a Madison DUI case because his client was not making a lot of money.  The clerk downstairs at the court had not even heard of this happening before. 

■Attorneys can also provide clients with a big picture scenario and whether to accept any offer and what the likely outcome will be.  In addition to the above, a Wisconsin Criminal Defense attorney can provide representation at non-court hearings including administrative hearings/ DMV hearings/DOT hearings to help keep a person's license.  For more information on Wisconsin DUI and OWI laws and defenses, click here: Wisconsin Dui Defense

WHY HIRE A GOOD LAWYER?

WHAT CAN A LAWYER DO TO HELP YOU?