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    Criminal Appeal

    After a court has convicted and sentenced a criminal defendant, the defendant may file criminal appeal to a higher court, asking it to review the lower court’s decision for legal errors that may have affected the outcome of the case. If the appellate court grants the appeal, it may reverse the lower court’s decision in whole or in part. If the appellate court denies the appeal, the lower court’s decision stands. A few factors an appellate court considers when making this decision are:

    • The Right to Appeal – A guilty plea by a defendant automatically triggers a right to an appeal, but a natural question by a court of appeal is usually, “Why did you plead guilty to the crime if you didn’t do it.” Therefore without some legal grounds they are usually unsuccessful. A guilty verdict by a jury is a different matter. Guilty verdicts by juries are based on the facts of the case and are usually given more deference by a court of appeals and thus harder to appeal without new evidence.

    The prosecution usually cannot appeal a not guilty verdict because this would violate the defendant’s constitutional right against double jeopardy  However, in the unlikely event that a judge sets aside a jury’s guilty verdict, the judge’s not guilty verdict may be appealable.

    • Process of an Appellate (Post Conviction) Review – An appeal is not a retrial, but a review of the record in the trial court. An appeal is not a retrial of the case. Rather, the appellate court reviews the record of the lower court’s proceedings to determine whether there are adequate grounds to grant the appeal. The record includes all pre-trial and post-trial motions, all evidence admitted to the court and a word-for-word transcript of the trial. In addition to analyzing the record, appellate courts also review written briefs submitted by each party. Appellate briefs frame the legal issues raised on appeal and set forth persuasive legal arguments to support their position. The court may also hear oral argument from counsel in order to clarify any points raised in the written briefs.

     

    • Grounds for Appeal – Even though defendants have a right to an appeal, there has to be some reason, or legally valid grounds, for an appeal to be successful. Potential grounds for appeal in a criminal case include legal error, juror misconduct and ineffective assistance of counsel. Legal errors may result from improperly admitted evidence, incorrect jury instructions, or lack of sufficient evidence to support a guilty verdict. To grant the appeal, the appellate court must find that these errors affected the outcome of the case. If the errors would not have changed the verdict, they are considered harmless, and the conviction will stand.

     

    • Common Bases for Appeal:
      • Legal Error
      • Juror Misconduct
      • Ineffective Assistance of Counsel

    A conviction may also be appealed if the defendant reasonably believes that the jury conducted itself improperly during deliberations or the trial itself. Jury misconduct includes  the use of experiments, drug or alcohol abuse during deliberations or trial, and improper communications between jurors and witnesses or counsel.

    Finally, criminal defendants often appeal their cases when they feel that they were not provided with adequate representation. To succeed in an ineffective assistance of counsel claim, a defendants must typically prove that but for their counsel’s actions, the outcome of the case would have been different.

    Common Criminal Law Questions

    What happens if I’m found guilty?

    If you are found guilty, the judge will decide your sentence. The prosecutor and defense lawyer can make recommendations to the judge about what kind of punishment you should get. A judge cannot give you a harsher sentence than the prosecutor or defense lawyer recommended. The judge can give you a lighter sentence than the prosecutor or defense lawyer recommends, but cannot give you a harsher one. If you are found guilty of a misdemeanor, the judge could sentence you to a fine and up to one year in jail. If you are found guilty of a felony, the judge could sentence you to a fine and between two years and life in prison. The judge could also give you a combination of these sentences, such as a fine and probation or a fine and community service. Judges are not required to follow the recommendations of the prosecutor or defense lawyer. Judges are free to sentence you to a different punishment than they recommend, or to no punishment at all.

    Types of Criminal Charges Handled by Chippewa Falls Criminal Lawyers

    Different types of criminal charges require different approaches, so it is essential to identify a lawyer who has experience dealing with the particular type of charge that you are facing. According to the search results, the most common criminal charges handled by Chippewa Falls criminal lawyers are DUI, drug offenses, robbery, and internet crimes.

    Felony Charges

    Felony charges are criminal offenses that are punishable by a prison sentence of more than one year. The most frequent felony charges in the US are typically drug crimes, violent crimes including murder and assault, and property crimes like burglary and theft. Felony charges can potentially entail severe consequences, so it is important to secure the assistance of an attorney who is knowledgeable in such matters.

    When facing felony charges, it is crucial to find a lawyer who has experience in handling these types of cases. An attorney who is familiar with the intricacies of felony cases can provide a more effective defense, increasing your chances of a successful outcome.

    Domestic Violence Cases

    Domestic violence cases necessitate specialized knowledge and experience, so ensure your lawyer is well-versed in this field. The most prevalent types of domestic violence are physical abuse, emotional abuse, sexual abuse, technological abuse, and financial abuse. Physical abuse is the most hazardous and can encompass activities like pushing, restraining, slapping/punching, kicking, scratching, etc. Emotional abuse is more difficult to discern and can be verbal, while sexual abuse has enduring consequences, and financial abuse typically commences with small actions.

    When selecting an attorney for a domestic violence case, it is important to consider their experience in similar cases, knowledge of local laws, and dedication to defending your rights. A lawyer with expertise in domestic violence cases can provide the necessary support and guidance throughout the legal process, ensuring the best possible outcome for your situation.

    Our Attorneys

    Good criminal attorneys and public defenders are key if you are ever facing Chippewa Falls or Chippewa County criminal charges. Every state has different categories for these criminal statutes. This is why hiring a good criminal lawyer is important.

    Private attorneys, more specifically, criminal defense attorneys at Mullen, Schlough & Associates criminal defense law firm center their practice area around criminal law. A criminal lawyer should search for evidence and witnesses that will help your defense during the trial, research the elements of the crime and show the court, prosecutor and jury why they do fit a defendant’s case.  That’s what a lawyer is paid to do.

    Call us at 715-723-7160 and we will discuss in detail the Chippewa County defense attorney services we provide, why one should get a lawyer for their first misdemeanor criminal charge or repeater or felony charges, and hiring a Chippewa Falls criminal lawyers near you.

    We will also discuss what to consider when deciding if you need a lawyer for a misdemeanor charge Chippewa County. Finally, we will provide helpful tips on how best to choose a Chippewa Falls criminal & criminal defense attorney that is right for you. We are a criminal defense law firm in Chippewa Falls, WI. We know your criminal case and the legal issue and legal rights you are about to face.

    What to Expect During Your Initial Consultation with a Chippewa Falls Criminal Defense Lawyer

    Our initial consultation with a Chippewa Falls criminal defense lawyer should include a discussion of your case and an assessment of the attorney’s approach. This is an opportunity for you to ask questions, provide comprehensive information about your case, and evaluate the attorney’s strategies and experience in handling similar cases.

    Discussing Your Case

    During the consultation, it is imperative to be honest and provide comprehensive information about your case to the attorney. Present all pertinent documents and communicate your objectives clearly. Additionally, compile a list of questions to ask the lawyer and articulate your objectives for the case and what you would like to avoid during the consultation.

    By providing all the necessary information and discussing your case thoroughly, you can ensure that your attorney has a clear understanding of your situation and can provide the most effective representation possible.

    Assessing the Attorney’s Approach

    To assess a criminal lawyer’s approach to your case, it is advisable to have a face-to-face meeting with them to effectively evaluate your case and gain a thorough comprehension of all the details. Evaluate the attorney’s strategies and approach to ensure they are taking the appropriate measures to ensure a successful outcome.

    You can gain further insight into the attorney’s approach by consulting their website or reviewing online reviews. Ultimately, it is essential to choose an attorney whose approach aligns with your goals and expectations for your case.

    Our Attorneys

    Proving Answers & Peace of Mind During Litigation Chaos
    Mark Mullen

    Mark R. Mullen

    Managing Partner – Business Operations

    Chippewa Falls, Wisconsin

    OWI Defense
    Email: mark.mullen@msa-attorneys.com
    Mobile: (715) 828-4780

    Attorney Mark Mullen spends most of his time managing Mullen, Schlough & Associates S.C. He uses his business education along with extensive knowledge of everyday law firm operations combined with 10 years courtroom experience to insure attorneys with the firm provide quality legal representation. In addition, he believes and strives to insure successful attorneys start with an organized office environment with highly trained and experienced staff providing attorneys to have only one issue on their minds: winning the case.

    Scott S. Schlough

    Scott S. Schlough

    Managing Partner – Legal Services

    Menomonie, Wisconsin

    Criminal Defense & OWI Defense
    Email: scott.schlough@msa-attorneys.com
    Mobile: (715) 821-1287

    Attorney Schlough attended the University of Minnesota-Twin Cities where he studied Political Science and Communications. He also had to opportunity to complete two internships in the Minnesota government, first with the Minnesota House of Representatives and then with former Governor Tim Pawlenty. After completing his bachelor’s degree, he immediately enrolled in law school at William Mitchell College of Law. While at William Mitchell, Attorney Schlough was active in the Phi Alpha Delta law fraternity and was also president of the Ski and Snowboard club at William Mitchell. He is licensed in both Minnesota and Wisconsin.

    sawan-homepage

    Sawan Talwar

    Practicing Attorney – Legal Services

    Eau Claire, Wisconsin

    Criminal Defense & OWI Defense
    Email: sawan.talwar@msa-attorneys.com
    Mobile: 715-497-8391

    Sawan attended the University of Wisconsin – La Crosse, where he received a bachelor’s degree in microbiology. After spending time in the workforce, he later attended Minnesota State University, Mankato, where he received a master’s degree in biology. Coming from a science-heavy background, Sawan found his calling in criminal defense, by being able to combine his past experiences with the legal field. While in law school, Sawan spent a portion of his time getting practicable, real-world experience. At the University of St. Thomas School of Law, Sawan participated in the Misdemeanor Defense Externship, being place in Hennepin County. Additionally, he participated in the Law School’s Trademark Clinic and Compliance Externship. He also participated in serval clubs and was a part of a mentorship program for younger students. Outside of the Law School, Sawan was a law clerk for a criminal defense firm in Bloomington, MN before joining Mullen, Schlough, & Associates, S.C.

    Sawan believes that helping the client understand the legal process and education is at the forefront of effective defense. He understands that while some people have been through the system before, others have not and providing guidance is the first step for building trust.

    Why Our Flexible Flat Fee Prices and Payment Plans Fit Your Situation

    When defendants research in Chippewa Falls, WI, Eau Claire county or Chippewa county, Wisconsin and decide before hiring the firm or counsel is the best representation choice look at resources, who is the most helpful, what criminal lawyers have the most trial and motion skills, trial wins and those criminal lawyers who can negotiate the best plea deal.  Research which lawyer is going to be most helpful to your side of the story.  Sometimes if you cannot afford our fee a judge may appoint us to your case.  We handle a court appointed case, a government paid, or public defender appointed case or private paid representation in the same manner:  all defendants deserve the utmost professional standard in representation, no matter how we are paid and to what fee.  When a defendant in Chippewa Falls, WI, Chippewa county, Wisconsin or Eau Claire county, Wisconsin is facing criminal charges selects a lawyer sometimes their salary dictates who they can afford but how we represent them never changes, only 100% no matter what.  We represent our people to the best of our ability no matter how much we are getting paid…. period. We try to keep you out of prison either through a motion hearing or trial.

    Our Prices & Payment Plans

    Criminal Defense

    Felonies

    Starting at $6000
    Half Required Down Before We Start
    Criminal Defense

    Misdemeanors

    Starting at $4500
    Half Required Down Before We Start
    Popular
    OWI/DUI Defense

    1st to 3rd

    Starting at $4500
    Half Required Down Before We Start
    OWI/DUI Defense

    4th+

    Starting at $6000
    Half Required Down Before We Start

    What People Say About Us

    There really is one hallmark of a good criminal defense attorney: whether in Chippewa Falls, WI, Chippewa County or anywhere else is communication skills with a defendant pinpointing a strong defense addressing your legal needs. Criminal lawyers know not only a set of criminal offense codes, but a lawyer communicates the criminal law to their clients in a way that makes sense and give a better understanding of local state or federal crimes, whether misdemeanor or felony, to everyone. We protect your best interest whether that be a life in prison or just an arrest.

    Online Research and Reviews

    Utilizing legal directories such as Avvo, Justia, and LegalZoom is one of the most effective methods for researching and evaluating criminal defense law firms online. These directories provide ratings, reviews, and disciplinary records for attorneys practicing in various areas. By researching online reviews and ratings, you can gain valuable insight into the quality of service offered by various firms.

    It is important to remember that while online reviews and ratings can be helpful, they should not be the sole basis for your decision. Make sure to also consider the attorney’s experience, expertise, and success rate in cases similar to yours.

    Personal Recommendations

    Requesting personal recommendations from friends, family, and colleagues is an effective approach to finding a suitable lawyer. When searching for a lawyer who is suitable for your case, you should seek personal recommendations from people you trust. When requesting recommendations, it is essential to inquire about the individual’s experience with the attorney and the result of their case.

    OWI Case
    Attorney - Mark Mullen
    “I just wanted to say thank you for helping me out when you did. It now has been 3 years since I had gotten arrested and found you. I am thankful that you helped me and the whole experience has changed my life for the better and now I am helping out other people that were in my shoes to help turn their life better. Again, thank you for defending me. God Bless”

    - Ruth Fane
    OWI Case – ’12
    Attorney - Scott Schlough
    ” Back in December 2012 I was charged with a 2nd offence D.U.I. due to a vehicle crash I created while driving drunk. The next morning after being let out of jail I went across the street to Mullen, Schlough & Associates. I presented my case to Attorney Scott Schlough and Attorney Mark Mullen.  They took action right away, both Attorneys filed a motion with the DMV of Wisconsin to preserve my drivers license. "
    - Rob Ciotti
    OWI Case
    Attorney - Mark Mullen
    “I just wanted to say thank you for giving me a 2nd chance in life. I was able to overcome the accident, and because of the plea deal that I received, I was able to start over and get my life back. At first, it was hard getting a job, but (some company) gave me an opportunity as an agent, and I’m making the most of it. I hope that the other clients that you serve can be helped as much as you helped me. Thanks Again.”
    - Collen Risher

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