Disorderly Conduct or Strangulation in Wisconsin

If you’ve been accused of disorderly conduct or strangulation in Wisconsin, it’s crucial to obtain experienced representation, especially if it’s your first offense. Skilled criminal defense attorneys know every available option for your unique circumstances and can guide you to the best possible outcome for your case.

At Huppertz & Powers, S.C., our Waukesha disorderly conduct attorneys have more than 40 years of combined legal experience. Attorney Mark Powers is a former Waukesha County prosecutor with a unique insight into what prosecutors are looking for in domestic violence and disorderly conduct cases. Attorney Matthew Huppertz is a seasoned criminal defense attorney, having argued hundreds of cases in front of judges and juries in Wisconsin, including five cases at the Wisconsin Supreme Court.

When so much is at stake with this kind of charge, having our experience on your side can give you a huge advantage in protecting your future and your reputation. Whether a negotiated plea deal, treatment option or trial is the best strategy for your specific case, we have the knowledge and skills to effectively represent you.

But in addition to valuing intelligence and experience, it’s important that our clients receive the utmost individual care and attention. We are compassionate to your fears and will be there for you every step of the way.

Our Waukesha domestic assault defense attorneys offer 100% free and confidential initial consultations. Please contact us today to schedule your first meeting.

Illegal Uses of a Concealed Carry Weapon License in Wisconsin

According to Wisconsin statute 946.71, there are several ways individuals can use a Concealed Carry Weapon license (CCW) in an unlawful manner.  To law enforcement officers, this refers to licenses issued under s. 175.60 (2) or (9r).

If your license has been revoked, suspended or fraudulently altered – or if it’s a fake altogether – and you intentionally try to pass it off as valid and current, this is unlawful in Wisconsin.

If your license is current and valid, yet you sell or lend it to someone else or knowingly let someone else use it unlawfully, this is illegal in Wisconsin. Or, if you’re on the opposite side of this and try to use or buy someone else’s license, this is just as unlawful.

Knowingly reproducing a license for carrying a concealed weapon or using a copy is prohibited, as is intentionally defacing or altering a license on purpose.

If you have been found committing one of the acts above, you could be facing Class A misdemeanor charges. It’s in your best interest to contact a Waukesha Criminal Defense Attorney to learn your available legal options.

You can schedule a free first meeting to discuss your case with the experienced lawyers of Huppertz & Powers, S.C. by calling 262-549-5979 or by filling out our confidential contact form.

Facing a Denied Appeal in Wisconsin? We Can Help.

You’ve extended your case with an appeal, but that appeal has been denied. Does that mean your case is over? Not necessarily.

If you’re facing a denied appeal in Wisconsin, there are multiple avenues you can explore at this point, depending on your unique circumstances.

You can file a motion for reconsideration with the Court of Appeals.  This motion asks the appellate court to review the case again, especially useful if a fact has been misconstrued, a mistake has been made or if the court’s law influenced the ruling.

Another option, you can petition for review with the Wisconsin Supreme Court within 30 days of a decision. This involves taking your case to a new level and asking the state supreme court to review the findings. Though a new set of eyes can be helpful to your case, please keep in mind that the Wisconsin Supreme Court has no obligation and can choose to deny your petition.

If your appeal has been denied, there are many important factors to consider, including deadlines required by law. That’s why having an experienced Wisconsin Criminal Defense Attorney on your side is crucial.

To schedule a 100% free and confidential first meeting with the lawyers of Huppertz & Powers, S.C., you can call 262-549-5979, fill out our criminal defense intake form or send us an email for a prompt response.

Criminal Record Expungement in Wisconsin

Criminal records of any kind can affect your credibility when applying for work, housing and other things. Like many states, Wisconsin will expunge or seal an individual’s records from the public eye (the terms are synonymous these days), but their rules are stricter than many other states. Still, expunging your record is a good option for protecting your reputation if you meet the requirements.

The majority of expungements occur for individuals who were juveniles when they were convicted. The court is also more lenient for individuals under the age of 25 if the crime was a Class H or I felony, the individual had no prior offenses, his or her prison sentence was six years or fewer, the individual will benefit from or the public will not be harmed by the expungement, This occurs after the completion of a sentence, and the individual usually has to petition for expungement.

If you happen to receive a pardon, this doesn’t necessarily mean your record will be expunged. Your record will indicate the pardon, but the public will still be able to access the details. The pardon program has been suspended in Wisconsin indefinitely since 2013, however.

If you are thinking of petitioning for expungement, it’s best to comply with the decision makers’ conditions for your probation and avoid any more convictions in the meantime. In the same court that convicted you, you can fill out a Petition to Expunge Court Record of Conviction form to get started.

The specifics of Wisconsin law are complex and change often. That’s why it’s important to have an experienced lawyer on your side. The Criminal Defense Attorneys of Huppertz & Powers, S.C. have over 40 years of combined experience with Wisconsin law and can advise if your records are eligible for expungement

Call us at 262-549-5979, fill out our criminal defense intake form or email us to discuss your case. The first meeting’s on us.

FoodShare Fraud in Wisconsin

 

Here in Wisconsin, our extension of the USDA’s SNAP program is called FoodShare. Did you know it’s considered an act of fraud to sell food stamps with potentially hefty consequences for doing so?

If people have enough groceries, it’s logical they would try to liquidate their food stamps to meet other financial needs. And it’s not uncommon for people to search for food stamps on Facebook sale groups, Craigslist and other websites. But both of these actions are considered fraud, along with stealing benefits, using someone else’s ID to buy benefits, trading food purchased with FoodShare, refunding the food for cash, selling food purchased with FoodShare, buying food someone else bought with FoodShare benefits and more.

The federal government is helping states monitor FoodShare fraud and cracking down, especially online with undercover operations and forms to submit anonymous tips. Activity of this nature can result in temporary or permanent suspension of benefits or federal criminal charges that could cost you fines or prison time. Consequences are determined according to the nature of the offense, how much money was improperly used and whether or not that individual has a prior conviction.

If you’ve been approached by a federal or state investigator regarding FoodShare fraud in Wisconsin, you do not have to answer questions without a lawyer. Instead, contact the southeastern Wisconsin criminal defense attorneys of Huppertz & Powers, S.C. to discuss how we can help you in a free initial consultation. We will fight for you and make sure you’re fairly and accurately represented in court.

The Federal Habeas Corpus Petition

For prisoners who have exhausted all of the State of Wisconsin’s options, there may be a last resort. Those who believe their sentence is a violation of federal law can file a petition for a writ of federal habeas corpus if there are grounds for it. This can only be filed if the prisoner has tried every other option and/or has proof that the state’s process is ineffective or non-existent.

According to the Columbia University Law School’s Columbia Human Rights Law Review, some examples of violations of Federal law and individuals’ constitutional rights include investigation and policing that violates the Fourteenth Amendment right to due process, an involuntary confession that violates the Fourteenth Amendment due process rights, right to counsel violations that violate the Fifth and Sixth Amendments and more.

Keep in mind:

  • The petition must be filed within one year of the prisoner’s last state appeal, but will be extended throughout the process of a state post-conviction appeal.
  • All claims presented to the Federal Court must first be brought before the State Court.
  • A close friend, family member or attorney can file on behalf of an incarcerated individual. This person is called a “next friend” and must establish that he or she has the prisoner’s best interests at heart and that the prisoner cannot bring the petition.
  • If the prisoner has entered a plea bargain, the writ of federal habeas corpus may not be applicable.

Last, but certainly not least, it’s almost impossible to file more than one writ of federal habeas corpus. If you feel the writ of federal habeas corpus may apply to you or a loved one’s case, let the knowledgeable attorneys of Huppertz & Powers, S.C. help you get your petition right the first time.

Contact us today to schedule your free initial consultation.

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