How does the appeals process work?

In federal and state cases, a defendant who received an unfavorable verdict in his or her case has the right to appeal to a higher court in an attempt to modify or reverse the original ruling. Appeals can either be “permissive,” meaning they can be approved or denied by the appellate court, or “appeals of right,” which are guaranteed to be considered. Appeals of a criminal conviction are appeals of right and will always be taken in the appellate court; however, while the new judge may choose to reverse or modify the conviction, he or she can also affirm the ruling.

Criminal defendants have a constitutional right to an attorney, and can either retain his or her own lawyer or have a criminal defense lawyer appointed by the State Public Defender’s Office.

The appeal process involves four steps:

1. Notice of Intent to Pursue Post-conviction Relief
2. Motions for Post-conviction Relief
3. Notice of Appeal
4. Court of Appeals Decision

The attorneys at Kohler & Hart, SC, have dealt extensively with the Milwaukee appellate court, and we can offer excellent representation in your criminal conviction appeal. Call us today at (414) 271-9595 to find out more.

Milwaukee Common Council voted to reduce marijuana related fines

A measure that relaxes the charges affiliated with marijuana possession in Milwaukee passed the Common Council with a ten to three vote on June 30. The measure states that individuals in possession of twenty-five grams or less of marijuana will be subject to a fine of up to fifty dollars, as opposed to the previously enforced maximum fine of five hundred dollars.

Alderman Nik Kovac voiced support of the lowered fine, saying “If you’re not bothering your neighbor and you’re not a threat to your own safety or someone else’s, why should we have any taxpayer-funded resources involved in that personal decision?”

While the new legislation represents a big step towards relaxed marijuana laws, smoking marijuana in public is still outlawed in Wisconsin. Citizens currently await the decision of Mayor Tom Barrett on whether the measure will pass or not.

The legal team of Kohler & Hart, SC, represents those who have been charged with drug crimes in the Milwaukee area. Call us at (414) 271-9595 today to begin building a defense that challenges every aspect of the charges brought against you.

Milwaukee man arrested for suspected fourth OWI offense

A 52-year-old Milwaukee resident was arrested by the Wisconsin State Patrol on June 30 on suspicion of operating a vehicle while intoxicated, according to Fox 6.

He was arrested after being stopped by police while driving on Interstate 94 SB at Braun Road in Racine County. A police trooper asked the man to step out of his vehicle after he was pulled over for an unsafe lane deviation. The officer allegedly saw an open bottle of intoxicants, although specifics were not disclosed. After a field sobriety test, the officer searched the vehicle and found cocaine and crack paraphernalia.

Our attorneys at Kohler & Hart, SC, in Milwaukee understand how overwhelmed you may feel after being charged with an intoxicated driving offense – especially if you already have a criminal record. In any situation, we fight tirelessly on behalf of our clients’ rights, and we may also help you win the best possible results from your case. Call us at (414) 271-9595 today to learn more.

Hundreds arrested nationwide on Medicare fraud allegations

A WAVE 3 News report stated that twelve individuals are facing charges in the Western District of Kentucky in relation to what might be known as the largest national Medicare fraud bust in recent history, Acting United States Attorney John Kuhn said in a press release issued on June 18.

The operation netted around 243 arrests nationwide, including arrests of 43 medical and healthcare professionals, for charges stemming from Medicare fraud worth around $712 million in false billings.

One of the doctors who was charged, Jamie Guerrero, was previously accused of writing unnecessary prescriptions for pain medication, leading to the deaths of five patients. If he is convicted of the charges he is currently facing, he could face life in prison.

If you have been charged with a crime in Milwaukee, it is critical to enlist the services of an experienced legal team as early on in the process as possible. Call the attorneys of Kohler & Hart, SC, today at (414) 271-9595 to begin taking action on behalf of your defense.

13 men arrested on gang related charges

Milwaukee police and he FBI have been working together for quite some time to investigate two Milwaukee gangs, and their efforts culminated in a raid that resulted in the arrests of thirteen Milwaukee men, according to the Journal Sentinel on June 9.

The gangs under investigation are the ATK, which apparently stands for Atkinson Ave., and HPT, an acronym which some investigators say stands for Hustlers, Pimps and Thugs, while others hold that it refers to Hampton Ave. Reports say these two gangs have operated across the north side of Milwaukee for the past two or three years.

Officers recovered ten guns and a “felony quantity” of narcotics, including $21,000 worth of marijuana that they found in one home. The arrested men face federal and state charges on issues of gun and drug violations.

Charges like this are serious and not only affect your reputation, but may also threaten your freedom. For experienced representation on behalf of your defense, enlist the help of the legal team at Kohler & Hart, SC, by calling our Milwaukee offices at (414) 271-9595 today.

Armed Forces Foundation exec investigated for mishandling money

The Federal Bureau of Investigation and the Internal Revenue Service are conducting investigations into Armed Forces Foundation executive director Patricia Driscoll, over allegations shown in ESPN’s television program Outside the Lines that Driscoll had been mishandling money from the nonprofit organization.

Among the practices divulged in the Outside the Lines report:

  • The organization’s funds were used like a bank to lend money or pay for personal expenses, including a company owned by Driscoll.
  • There is a mismatch between the foundation’s tax filings and audit reports, making it impossible to account for discrepancies totaling hundreds of thousands of dollars.
  • The foundation paid Driscoll and another individual a sum of $96,000 in annual rent for the foundation’s headquarters – which has been cited for direct violation of Washington’s zoning rules.

The foundation and Driscoll have since then hired attorneys to “evaluate potential libel claims for false and defamatory reporting,” and it was noted that, “the one-sided reporting of ESPN makes accusations that are blatantly and demonstrably false.”

If you have been charged with a criminal offense in Milwaukee or other areas in Wisconsin, the attorneys at Kohler & Hart, SC, may fight on behalf of your rights and interests. Call our offices at (414) 271-9595 today to learn more.

What if officers entered my home without consent?

Since the privacy of your home is protected under your Forth Amendment rights, police officers may only enter and search your home under very specific circumstances. In most cases, you must be presented with a valid search warrant before officers may legally search your home, though there are some exceptions to this general rule. If an officer illegally entered and searched your home, however, any collected evidence will fall under the exclusionary rule and will be inadmissible in court.

If you believe that your rights were violated by officers who illegally search your home, the Milwaukee criminal defense attorneys at Kohler & Hart, SC, may be able to help. To discuss your case with one of our attorneys, please call our Milwaukee offices at (414) 271-9595 today.

The decision of juvenile court would spare teen decades in prison

Forensic psychological experts testified in court on May 26 over the mental state of Anissa Weier, one of the young teenage girls who was accused of stabbing her friend for the favor of an Internet-born creature called Slender Man, the Journal Sentinel Reported.

One of the experts who testified, forensic psychologist Anthony Jurek, said Weier did not display evidence of anti-social behavior that may influence future criminal activity; in fact, her intelligence and verbal acumen may help her respond well to therapy.

If tried in adult court, Weier may face up to 65 years in prison. Juvenile court, however, could allow her to receive individualized attention and supervision until she is 18 and a legal adult.

The attorneys of Kohler & Hart, SC, are dedicated to representing those who have been charged with crimes in Milwaukee. If you are in this situation, we may work on your behalf for the best possible result from your case. Call our offices at (888) 565-7597 today.

Man charged with attempted homicide and battery after domestic dispute

Forty-year-old Little Chute resident Zohn Wang Kun Yang tried to kill his wife by attempting to run her over with a car inside their garage on April 27, WBAY reported.

Yang was arrested by local police in the 400 block of Elm Drive. According to the criminal complaint, Yang and his wife were having a domestic dispute that escalated into him intentionally hitting her with the car as she was walking in the garage.

Yang’s wife incurred critical injuries because of the event and needed to have her leg amputated. Yang was charged with attempted first degree intentional homicide and aggravated battery in Outagamie County court.

The Milwaukee attorneys of Kohler & Hart, SC, provide aggressive representation for those who have been charged with a criminal offense, and we may also be able to defend your rights and interests in court. Call our offices at (414) 271-9595 today to begin taking action to protect your future.

AC/DC drummer Phil Rudd awaits sentencing for drug charges

Former AC/DC drummer Phil Rudd is currently awaiting criminal sentencing for charges against him, including drug possession and assault. Rudd pleaded guilty for the charges last month, and told Austrailia’s channel nine program, A Current Affair, that he had seen the error in his ways.

“We all make mistakes,” said Rudd. Unfortunately, this mistake cost him the companionship of his ex-band mates, who haven’t contacted him since the incident. The iconic AC/DC recently performed a set at the Coachella music festival to kick off the rocker’s world tour, and Chris Slade, who drummed for AC/DC’s early 90’s live albums, will be replacing Rudd behind the drum set indefinitely.

Rudd’s case has been adjourned until June 26, on which day he will receive criminal sentencing. Rudd hopes for a discharge without conviction, but the jury’s still out on whether the sidelined drummer will ever regain the trust of his band mates.

Addressing criminal charges is often a long and arduous process. At Kohler & Hart, SC, our criminal defense attorneys are prepared to aggressively fight for your rights and your livelihood. If you or someone you love is facing criminal charges, including drug possession or assault, please call our offices at (414) 271-9595 to speak with a representative from our legal team today.