Best Criminal Defense Lawyers in Kenosha, WI

FAQs

• What is the non-emergency contact number for the local police station in Kenosha, Wisconsin?

  You can reach the Kenosha Police Department at (262) 656-1234 for dispatch or (262) 605-5200 for information.

• Where can I get a copy of police reports for incidents related to my case in Kenosha, Wisconsin?

  You can request a copy of a police report by completing a request form and submitting it via mail, email, fax, or in-person to the Kenosha Joint Services Records Department. Please allow 10 working days for your request to be responded to. The copy of the report can be mailed back to you or you can pick it up from the Public Safety Building’s Information Counter.

  Request form: http://www.kenoshajs.org/public-records/reports-request/request_for_records_fillable_2.pdf Mail to: Kenosha Joint Services Records Department, 1000 55th Street, Kenosha, WI 53140 Email to: records@kenoshajs.org Fax to: (262) 653-6909

• Can you be charged with a drug crime even if the Kenosha police didn’t find drugs on you?

  Yes. Even if the Kenosha police didn’t find drugs on your person, you can still be charged and convicted if the prosecution can prove that you had knowledge of the drug’s location and that you intended to exert physical control over it (consume, sell, or transport it). This is based on the "doctrine of constructive possession.”

• Can you commit OWI while using a snowmobile in Kenosha?

  Yes. Under state laws, no individual may operate a motor vehicle while intoxicated, and the Wisconsin Statutes Section 340.01(35) considers a snowmobile a “motor vehicle.” Penalties for snowmobile OWI in Kenosha follow the same scheme as penalties for OWI of more standard motor vehicles. The first offense is not criminal, the second and third offenses are considered misdemeanors, and the fourth offense a felony.

• Can you face both civil and criminal charges for a single event in Kenosha?

  Yes. If the act you committed violated federal or state laws, you will face criminal charges, and if the act also resulted in harm or damage to a civilian, you will face additional civil charges. This situation usually happens in DUI accidents, where a Kenosha prosecutor charges the defendant with criminal DUI and the accident victim sues the defendant for personal injury.

• Who are eligible for criminal record expungement in Kenosha?

  According to Wisconsin Statute 973.015(1m)(a)(1), expungement is available to offenders who were under 25 years of age at the time of the offense and for misdemeanors and felonies class H and I only. Also, if you were incarcerated for the crime, your imprisonment must be up to six years only. It is important that you have the representation of a capable criminal defense attorney during your trial, as the determination of your eligibility for Wisconsin expungement is made during sentencing.

• How can you get pardoned for a felony conviction in Kenosha?

  The requirements for requesting a pardon are:

  • The offender must have completed their sentence, including incarceration and probation.
  • The offender must not have existing criminal charges in the country.
  • The offender must not be required to be on the sex offender registry.
  • Five years must have passed since sentence completion.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.