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

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

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.

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.