Update on Interrogation in Wisconsin

Recent cases suggest that, in serious cases, cops are still looking for ways around Arizona v. Miranda and it’s progeny. The requirement in Wisconsin that questioning of suspects be recorded is exposing the tricks of investigators bent on getting a confession, even over the requests of suspects to exercise their right to remain silent or to have representation of counsel.

The most recently exposed strategy is to temporarily leave a suspect alone after he declines to answer questions but then to send another team of detectives at him later to again try to get him to answer questions.  This is an attempt to take advantage of a window opened by Michigan v Mosely, which seems to allow such a tactic if it can be said that the suspect’s right to remain silent was “scrupulously honored”.  However, that standard has been shifting a bit since that case was decided and courts sometimes seem to be taking into account how badly their analysis would hurt the state’s case.

The point here is that the best decision a suspect can make, whether guilty or innocent, is to absolutely and without equivocation, refuse to answer any questions without a lawyer being present. As soon as the tape starts running, suspects should loudly announce that they do not wish to make a statement and they want a lawyer NOW. If it gets on tape and the cops don’t erase it, your rights should be protected later. www.reddinandsinger.com

Drunk Driving Musings

The Milwaukee Journal-Sentinel has written a long series of articles on drunk driving in Wisconsin. Whether you call it OWI, DUI, OUI or just drunk driving, there’s no question drinking and driving is a big part of the social scene in Wisconsin. The baseball team is the Brewers, everyone knows the “beer frame” in bowling, there are brewery tours at both the major and minor breweries in Wisconsin that serve plenty of beer and “happy hours” have been a big part of the bar scene for generations. How do you think people get home from all the bars in Wisconsin?

The mixed messages we send to our citizens is remarkable. We talk about getting a cab or taking a bus if you’ve had too much to drink. But we all know that outside of the urban areas, there are no cabs or buses or other public transportation.  Whether you’re in Waukesha County, Washington County or Ozaukee County, even if you’re near Milwaukee there is simply no alternative other than to  drive home even if you suspect you may have had too much to drive.

So we drink and we drive. And we hire lawyers when we drink and drive. Can the drunk driver lawyers get you off?  Sometimes. It helps if you’re not too much over the limit.  The truth is that many times all we can do is limit the damage. It would be helpful if the legislature would allow probation for 2nd and 3rd offense OWI or DUI. Currently, the only alternative for judges is to put people in jail for those offenses.  The Journal-Sentinel article complains that Wisconsin is the most lenient state in the US on drunk driving. But Illinois and other states allow for an informal probation system that allows 1st offenders to escape a conviction with the successful completion of probation. And probation would certainly benefit the majority of 2nd and 3rd offenders and help to make our streets safer. But the hardliners at MADD and BADD think probation shows weakness on OWI cases. So people go to jail for short periods of time, usually with work release, and come out just as dangerous as they went in.

My advice? Don’t drink and drive. But if you do, (and, face it, we all do) and you get caught, call a lawyer who specializes in criminal and traffic defense. He may not get you off, but he can certainly minimize the consequences. www.reddinandsinger.com

What’s This About?

I’m a lawyer in Milwaukee, recently turned on to the blogosphere. I’d like to use this blog to give people involved in the legal system in Wisconsin (or elsewhere actually), a way to exchange ideas, gripe about the system or listen to me gripe about it and maybe even to get some help with a problem in the world of crime and punishment. I’m not sure how this’ll go but expect me to talk about just about anything- internet sex crimes, drunk driving, domestic violence, in short, the cops and robbers world I practice in.  If you’re a defendant, a lawyer, a police officer, a court clerk or maybe (gasp) even a judge, feel free to be part of the dialog. I’ll be keeping the specifics of my cases out of the conversation, of course, for reasons of confidentiality, but otherwise, no subject will be off limits.  If I feel competent to offer advice, I’ll do so. I’ve been practicing in most counties in Wisconsin for almost 30 years, so I’ve been on this beat for awhile. So let’s try this and see if anyone gets anything out of it. Feel free to contact me at www.reddinandsinger.com.

Drunk Driving in Wisconsin-The Rules Are About to Change

The Wisconsin legislature, under intense pressure as the result of the Mark Benson tragedy, recently made some changes to Wisconsin’s DUI (or OWI, your choice) laws. They were touted as toughening drunk driving penalties,  but the reality isn’t nearly as clear. Yes, 4th offenses are now felonies, meaning prison is now a possibility instead of a 1 year jail sentence. However, there really aren’t that many 4th offenses anyway, so the effect isn’t likely to be that great and judges are not required to impose prison, just permitted to do so.  For the much larger category of drunk drivers, the 2nd and 3rd time offenders, the laws are actually likely to result in more lenient sentences.

It’s a dirty little secret that OWI sentences in Wisconsin have been creeping down for some time now. In some northern counties, as well as in The Fox Valley, minimum sentences or close to it are again being imposed.  And in many counties, including Milwaukee, all or virtually all of the time imposed is done on house arrest. Now, under the new law, probation will now be available for 2nd and 3rd offenders. This sentencing alternative has long been opposed by MADD and other such organizations as being too “soft”. In reality, it makes far more sense than a few days of jail, as the community will likely be far safer by supervising individuals for a year and encouraging rehabilitation. The law also allows for more experimental programs aimed at rehab rather than punishment. Waukesha County, Winnebago county and others have already implemented such programs, which reject the philosophy of longer sentences as the answer to substance abuse problems.

If you or a loved one has recently been arrested for DWI, make sure your  lawyer is up on the available sentencing options in your county.

Let’s Legalize Marijuana (Everywhere)

States everywhere continue to modify their laws to allow for the use of marijuana for medical purposes. What about Wisconsin? Civilization doesn’t seem to be crumbling inn these other states. While we’re at it, why not decriminalize possession of small amounts of marijuana for all of us? Prosecutors complain about not enough resources to charge all the cases that are brought to them. Maybe the answer is to stop bringing them cases that have no business ion the criminal justice system. There is considerable disparity in the various Wisconsin counties regarding the prosecution of marijuana cases. Ozaukee County cops bring all marijuana cases into the DA’s office because the county has no ordinances prohibiting possession. Just across the county line in Milwaukee County, MPD cops routinely dump small amounts of pot out and send people on their way rather than do the paperwork to even send them to municipal court. Let’s end the injustice of uneven prosecution. Decriminalization-the time has come.

Jury Trials in Criminal Cases

Having recently completed a jury trial in a felony matter, I am reminded of the many many things that can happen unexpectedly in a trial, some good, some bad. Overall, though, I think lawyers and clients have become a little too chicken about putting their cases before 12 fellow citizens. It’s always interesting to see how often the cases look better on paper for the state than when they’re required to put the witnesses on the stand. Especially in state court, defense attorneys are frequently able to take advantage of the district attorney’s lack of knowledge about his own case and the inexperience of the prosecutor to gain the upper hand. Given the volume of cases DAs are required to handle and the high turnover in their offices these days, defense lawyers have no excuse for not knowing far more about the facts of a case than their opposition.

While the majority of cases brought by prosecutors simply have no defense, in general I think more prosecutions need to be challenged.  I think more  defendants would like their day in court if they received a little encouragement from their lawyer. reddinandsinger.com

Drugged Driving in Wisconsin-Is It Fair?

Under Wisconsin law, driving with any detectable amount of a controlled substance in your system is a crime. Even if there’s no evidence of impairment, if you have drugs in your system, your subject to prosecution.

But is the law fair? There’s very little reason to believe that there’s any correlation between some residual marijuana in your system and the safe operation of your car. Are we punishing people for endangering citizens or simply for using a recreational but illegal drug? This comes up frequently in the case of an accident and the consequences can be devastating. Causing an injury or death while having marijuana, cocaine or some other controlled substance in your system is usually a ticket to prison.

If you find yourself in this situation, call or write us. www.reddinandsinger.com

Finding a Criminal Defense Lawyer

You say you’ve been arrested in Waukesha, WI for OWI?  Or maybe you’re under investigation in Washington County, WI for growing marijuana?  Or, God forbid, the Federal authorities from either the Eastern or Western Districts of Wisconsin want to talk to you?  So now you need a lawyer that does criminal defense work. What do you do?

First, talk to your family or friends. Have they ever used a criminal defense attorney in Wisconsin? Hopefully, they’ll have a recommendation for you. We get many of our clients from other attorneys in the Milwaukee area that refer their inquiries on criminal matters to us and from old clients.

If you can’t get a personal referral, check the internet. Google “criminal defense lawyer” and include your criminal matter and/or your geographic area. For example, a search such as, “Milwaukee criminal defense lawyer” will get you a representative list. Or, “Waukesha County marijuana attorney” will get you what you need.

The Wisconsin and the Milwaukee Bar Associations maintain a referral service that may be of help. Let them know you need a criminal defense lawyer in Milwaukee County or Racine or wherever.

Finally, feel free to call or e-mail us. Even if we can’t take your case or we don’t do that kind of case, we’ll direct you to a lawyer that can help you. We’re at www.reddinandsinger.com

Domestic Violence in Wisconsin

Yes, domestic violence is real.  When it happens, I’m sure it’s frightening and painful.  However, as a lawyer, I see far too many instances of spouses using the system to gain an advantage in a divorce or to get an obnoxious partner out of the house for a few days.  Then, they’re surprised to learn that prosecutors won’t listen when they want to withdraw the charges.  A case is issued, a no contact order goes into effect and now the woman wants to know how she’s supposed to pay the bills or take care of the kids without help from their partner.

The defendant now needs to hire a lawyer for thousands of dollars that the family can’t afford. But, a conviction for a DV related offense that was really just an argument has even higher long term costs. There frequently are some strategies to get a family out of this mess but the real solution is to not cry wolf in the first place. But, if it’s too late for that call us. We’re at www.reddinandsinger.com

Criminal Sentencings in Wisconsin

Looking at maybe going to jail in Wisconsin?  Sometimes there’s no way to actually win the case and all you can do is try to minimize the damage. Why do some lawyers’ clients do better than others when the judgment day rolls around? Here’s some tips.

First, know your audience. Judges have blind spots and the good lawyers know how to construct a sentencing argument that works around those idiosyncrasies.

Second, use the time between arrest and sentencing constructively. If you have alcohol or drug issues, get into treatment. A letter from a qualified therapist documenting your serious efforts at rehabilitation can make a huge difference at sentencing. Get a job, sign up for school, do some community service work, in short, get busy and stay busy. It’s much more difficult to incarcerate someone who’s working and paying taxes than someone who’s lying around the house playing video games.

Work with your attorney to use your opportunity to address the court. Sometimes what you say to the judge is more important than what your lawyer says. Practice your speech. If you get too nervous, write out what you want to say and read it to the judge.

Finally, relatives and friends can demonstrate your strong ties to the community and your solid family support. Don’t be afraid to ask others to write letters of support. Judges know that defendants with strong family support are much more likely to successfully rehabilitate themselves.

If you’d like more tips, or want to discuss your sentencing issues, we’re at www.reddinsinger.com

Are You Really Using Heroin?

I’m a lawyer. I’m 54 years old. I spent a good portion of my life in the 70s. I now do criminal defense work, helping young adults and their parents navigate the current drug scene. What I find amazing is the number of heroin cases currently finding their way into the courts in Milwaukee, Ozaukee, Waukesha and other Counties in Southeastern Wisconsin. While I’m happy to help you if you have been arrested for a heroin offense or oxycodone possession offense, or any narcotic offense, I’m amazed that the word has not gotten out about the consequences and dangers of heroin use. Heroin is not marijuana, it’s not ecstacy, it’s not even cocaine.  If you’re thinking about using heroin or any synthetic painkiller, keep in mind that the legal and personal consequences will likely be higher than you can ever imagine. If you need a lawyer, contact me at www.reddinandsinger.com.