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Category: Criminal Defense

Does the plain-view doctrine apply in Wisconsin?

On behalf of J. Kippa Law, LLC | April 11, 2018

As in all states, residents are protected from unlawful searches and seizures — including arrests — by the Fourth Amendment of the Constitution. This protection is a cornerstone of criminal defense. Essentially, the Fourth Amendment says that a person or property may not be searched or seized without a warrant. It is important, however, to…
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The effect of pretrial incarceration on criminal cases

On behalf of J. Kippa Law, LLC | January 30, 2018

Criminal defendants in Wisconsin and around the country who are denied bail are far more likely to plead guilty or be convicted according to researchers from three leading universities. Their study, which was published in the February 2018 edition of the American Economic Review, looked into the effect pretrial incarceration has on how criminal cases…
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Study shows disparity in prison sentences for black men

On behalf of J. Kippa Law, LLC | November 22, 2017

Wisconsin residents may be surprised to learn that according to a study by the U.S. Sentencing Commission, black men on average spend more time in prison than white men who commit the same crimes. The study looked at data from 2012 to 2016 and showed that black men served sentences that were 19.1 percent longer…
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Study reveals that race affects plea offers and convictions

On behalf of J. Kippa Law, LLC | November 6, 2017

The plea offers and sentences that criminal defendants in Wisconsin ultimately receive may partially depend on whether they are black or white, according to a new study. Black people, including those who have no criminal records, are much likelier than whites to receive harsher convictions and sentences. According to a study that was conducted by…
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What to do if you get in a bar fight

On behalf of J. Kippa Law, LLC | August 27, 2017

It is no secret that people tend not to make the best decisions when they have been drinking, as alcohol impairs judgment. Some people are happy drunks, some do dumb but harmless things, and others get aggressive and contentious. The combination of these various types in a setting where the prime activity is downing drink…
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Probable cause and expectations of privacy

On behalf of J. Kippa Law, LLC | July 14, 2017

The protections of the Fourth Amendment against unlawful searches and seizures by law enforcement officers is an important part of the Constitution and our legal system. Determining the legality of a search is an important part of many criminal cases. There are two legal terms that have a substantial impact on whether or not a…
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Unreasonable delay of criminal trial could violate rights

On behalf of J. Kippa Law, LLC | June 7, 2017

An arrest by Wisconsin law enforcement authorities that result in criminal charges being filed initiates a defendant’s rights under the Sixth Amendment to the U.S. Constitution. Under this part of the Bill of Rights, a criminal defendant has a right to a speedy trial although the circumstances of the case could support reasonable delays. If…
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Differences between a misdemeanor and a felony

On behalf of J. Kippa Law, LLC | May 24, 2017

Wisconsin has several different categories for crimes depending on their severity. In general, the state categorizes a crime as an infraction, a misdemeanor or a felony. An infraction usually includes crimes that are not particularly serious, like certain traffic violations. As long as the associated fine is paid, a person usually will not be sentenced…
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Taking a plea bargain

On behalf of J. Kippa Law, LLC | March 6, 2017

A defendant in a criminal case can face many confusing situations as the case goes on. One of these is the plea bargain. At some point in the case, the prosecutor may put an offer on the table. If the defendant agrees to take the offer, there will be no trial. In exchange, prosecutors typically…
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Concealing exculpatory evidence may result in a mistrial

On behalf of J. Kippa Law, LLC | October 6, 2016

Wisconsin residents likely know that criminal suspects are guaranteed due process by the Fifth and Fourteenth Amendments of the U.S. Constitution, and they may also know that prosecutors are required to hand over all exculpatory evidence to defense attorneys during the discovery process. Mistrials may be declared when defendants in criminal cases are denied access…
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