Appeals court affirms overturning of man’s murder conviction

The 7th United States Circuit Court of Appeals has affirmed the decision made by a lower court in Milwaukee, Wisconsin to overturn the conviction of Pleasant Prairie resident Mark Jensen, who was found guilty of poisoning his wife with antifreeze back in 2008.

In a 2-1 ruling issued last Tuesday, September 8, the three-judge panel of the federal appeals court agreed with an earlier ruling submitted by the lower court to disregard statements that Julie Jensen made prior to her death, overthrowing these statements from evidence.

The panel ruled that the use of Julie Jensen’s letter accusing Mark Jensen as the one responsible for her death violated his constitutional right to confront his accuser.

Our attorneys at Kohler & Hart, SC in Milwaukee are ready, able, and willing to fight for your legal rights if you have been charged with a criminal offense in the state of Wisconsin. We specialize in handling firearms offenses, internet sex crimes, Medicare and healthcare fraud, RICO conspiracies, homicide/murder, among others. Call our offices today at (888) 565-7597 to schedule an appointment with a member of our legal team.

Sex offender in Madison argues pictures found in his possession were not illegal

The Fourth of District Court of Appeals in Madison, Wisconsin has ruled that a sex offender cannot be faulted for keeping photographs of children that can be easily and legally accessed by the public.

Albert Chagnon was charged last year with 23 counts of intentionally photographing a minor without consent. He was about to be released from prison when a jail guard found a notebook inside his pants that contained photographs of fully-clothed girls that were cut out of magazines and newspapers.

In his defense, Chagnon said he wasn’t the one who took the photographs, nor were the young girls in the photographs nude or inappropriate.

The appeals court sided with Chagnon, noting that there is nothing in Wisconsin law prohibits Chagnon’s actions.

If you have been charged with a criminal offense in Milwaukee or other areas in Wisconsin, seek legal representation from our aggressive and competent lawyers at Kohler & Hart, SC. To find out more information about your legal options, call our offices today at (888) 565-7597.

Slender Man stabbers to be tried as adults

Waukesha County Circuit Judge Michael Bohren ruled on Monday that the two 13-year-old girls faced with charges of attempted first-degree intentional homicide will be tried as adults.

Morgan Geyser and Anissa Weier attempted to kill their classmate, Payton Leutner, after a sleepover at Geyser’s home in celebration of her 12th birthday. The two lured Leutner into a nearby wooded area where Geyser proceeded to stab her 19 times.

According to Bohren, trying the girls in juvenile court would “unduly depreciate the seriousness of the offense.” The girls now face up to 45 years in prison if convicted, where they would have only faced three years of incarceration followed by two years of extensive supervision had their case gone to juvenile court.

Bohren’s decision will not likely affect Geyser’s intention to plead not guilty by reason of mental disease or defect. The two girls explained in a statement to the police that they perpetrated the stabbing in an attempt to impress a fictional Internet character called Slender Man, who they believed would kill them or their families unless they murdered their friend.

The case has served as a lightening rod for debate regarding juvenile justice reform, as advocates feel the two girls’ interests will not be served by an adult prosecution. The girls’ legal representatives called experts in adolescent brain development to the stand, as well as psychiatrists and psychologists who had examined the defendants in an effort to convince Bohren to try them as minors, but their testimony failed to convince the judge.

If you are facing criminal charges in the Milwaukee area, it is critical that you retain the help of an experienced criminal defense attorney. The legal team of Kohler & Hart, SC may be able to help you. To speak with a Milwaukee attorney about the particulars of your situation, please feel free to call (414) 271-9595 today.

Milwaukee man confesses to taking the blame for son’s hit-and-run

After serving over a year of his sentence, 45-year-old Milwaukee man Juan G. Silva Sr. confessed to taking the blame for a hit-and-run for which his son was actually guilty, according to the Chicago Tribune on July 27. The crime occurred in September of 2013 outside a local tavern and resulted in the death of Juan R. Zapata-Guerrero and the injury of another pedestrian. Silva’s five year sentence was vacated by a judge this past Monday.

Police reopened investigations into the accident after hearing from a co-worker of Silva Sr.’s wife, who reported in late June that she had said her husband was serving time for a hit-and-run that he did not commit in order to protect their son from jail time.

Silva Sr. admitted the truth when questioned by officers in prison, and his son, Juan G. Silva Jr., then acknowledged that he was in fact the driver at the time of the collision. Silva Jr. was charged on Thursday and faces three felony counts. He is due back in court on August 3rd.

According to Assistant District Attorney Grant Huebner, it doesn’t look like Siva Sr. will face charged for his lie. It is expected that he will be released within the next few days.

The attorneys of Kohler & Hart, SC, know all too well that every case is unique. For dedicated representation when facing charges in Milwaukee, call us at (414) 271-9595 today.

Wisconsin ex-attorney found guilty of embezzlement

A jury in Dunn County, Wisconsin, found 55-year-old former Menomonie lawyer William Lamb guilty on charges of felony embezzlement and forgery on Friday, July 17.

Members of the jury – five men and seven women – sided with assistant attorney general Annie Jay, who claimed that Lamb signed Miller’s name on an insurance check worth $10,500 and took the money for himself. Jay told the jury that Lamb’s chaotic financial life and problems with alcohol motivated his crimes. Lamb is facing up to 16 years in prison and a $35,000 fine.

If you have been charged with a criminal offense in Milwaukee or other areas in Wisconsin, get the legal team of Kohler & Hart, SC behind you to represent and defend you against the charges you are facing. For a consultation with our attorneys, or to set up a face-to-face meeting with a member of our defense team, call our offices today at (414) 271-9595.

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.