News

Nov

Failure to Appear in Court is a Conviction

The Wisconsin Court of Appeals has ruled that a failure to appear in court as ordered by a judge on a charge of operating while intoxicated resulting in a warrant issued by a judge for the offender’s arrest is, in fact, a conviction for that offense and can be used as a prior conviction for repeat offense purposes. The defendant failed to appear in court as ordered after her arrest in Arizona and also after her arrest in California for operating while intoxicated. A warrant was issued for her arrest in both states. Although she was not “convicted” in either Arizona or California from her ...

Nov

Mandatory Minimum Jail Sentences

In an effort to restrain judicial discretion, the legislature has created a number of mandatory minimum prison sentences upon conviction for certain felony offenses. Sex offenses, particularly against children, have a mandatory minimum period of confinement in prison of 25 years, 5 years, 3.5 years, and 3 years, depending on the conviction. There are mandatory minimum sentences for repeat serious violent crime offenders or repeat firearm offenders of 5 years or 4 years, depending on the conviction. For serious repeat intoxicated drivers, the mandatory minimum prison sentence is 3 years or 4 ...