Experienced Criminal Defense Attorneys in Green Bay, WI

Some of the various types of homicide include first-degree murder, second-degree murder, DUI or DWI (vehicular) homicide, First Degree Reckless Homicide, vehicular manslaughter, involuntary manslaughter, and manslaughter. Whether you’ve been accused of killing a police officer, killing a witness to a crime, killing multiple people, or killing in conjunction with committing other crimes (such as breaking and entering or carjacking), the Wisconsin Criminal defense attorneys at Brabazon Law Office are ready to defend you vigorously and aggressively or your loved one.



Homicide cases are extremely complex, and you should have an experienced Wisconsin homicide attorney defending you. Oftentimes, criminal defense attorneys must carry out wide-ranging investigations in the fields of ballistics, DNA testing, pathology, accounting, fingerprinting, toxicology, and pharmacology. In addition, our criminal defense team boasts an understanding of the rules of evidence, serology, and polygraph analysis and can explain the utilities and drawbacks of fingerprint/footprint analysis, voice identification, and eyewitness identification.

The experienced Wisconsin homicide attorneys at Brabazon Law Office have helped clients who have been charged with murder and other homicide-related charges. Given the serious nature of the accusations and the serious consequences for failing to present the best defense, you need an experienced and aggressive Wisconsin homicide attorney from Brabazon Law Office on your side to ensure that you get a fair and thorough hearing and that you can explore every possible avenue of defense.

Time May Not Be on Your Side

The longer you wait to retain a criminal defense attorney for your murder/homicide charge, the harder it can be to assemble a strong defense. The attorneys of Brabazon Law Office are here to help you when you need it most. We can represent defendants in both Wisconsin State and Federal Courts. Get a completely confidential and free consultation regarding your best defense options now by calling our experienced and aggressive Wisconsin criminal defense lawyers.

If you are convicted of a crime that is categorized as DVO, you lose your right to possess a firearm. This is due to the Domestic Violence Offender Gun Ban, commonly referred to as the Lautenberg Amendment. This act bans the ownership of firearms by anyone convicted of a misdemeanor or felony domestic violence offense. Once convicted, the only means of restoring your right to possess a firearm would be to have the conviction expunged, but this is a rare occurrence.

Even if possession of firearms is not important to you, the Domestic Violence qualifier can affect your ability to work! Typically, the Domestic Violence offense will appear on employer background checks and will prevent employment in areas where you may be working with vulnerable populations, such as in childcare facilities and nursing homes.

Most prosecutors and judges will not mention the effect of the Lautenberg Amendment or the restrictions on employment you will face when giving you an offer or taking your plea in court. These restrictions apply regardless of whether you were informed of them, and you can get in trouble for possessing a firearm even if you claim to be unaware of the law. The criminal attorneys at Brabazon Law Office can help you. Even if you are guilty of the underlying offense, our staff can attempt to work out an alternative plea deal that will allow you to retain your right to bear arms or continue your employment.

This crime is serious and can be punished by a fine, probation, and up to 90 days in jail. Because the definition is subjective and ambiguous, it is one of the most charged crimes in the State of Wisconsin. In just about any scenario where the police are called, a case for disorderly conduct can be made, and charges may result.

Seeking the representation of a qualified criminal defense attorney is important in all disorderly conduct cases -- not only because you face a criminal record and jail, but also because you face the potential loss of the right to possess a firearm and the potential to work in certain fields (See Domestic Violence). The criminal attorneys at Brabazon Law Office are trained to look for defenses and to negotiate reasonable resolutions to disorderly conduct offenses. Even if probation or jail is initially offered by the prosecutor, when forced to a trial, or when presented with mitigating information, a criminal conviction can often be avoided altogether. Brabazon Law Office offers a free initial consultation, and we will be happy to set up an appointment with you to review your case.

In Wisconsin, battery is defined under WI Statue 940 and penalties depend on the section of the law that was violated:

A battery conviction can carry penalties that include fines, probation, jail time, and prolonged prison sentences in serious cases. Additionally, if there is a domestic violence qualifier, your right to possess a firearm and ability to work could be affected. An experienced criminal assault attorney can advise you about whether self-defense or defense of others applies to your case, negotiate with the prosecutors for reduced charges, such as from felony to misdemeanor, and argue for lesser sentences.

A forgery charge requires the following.

Common types of conduct that could lead to forgery charges include.

Signing a check with another's name. 

Raising a check (making a writing claiming to have been made with different terms);

Filling in blanks over the signature of another either without authority or with unauthorized terms

Forgery Uttering

Uttering forged writing, defined in § 943.38(2) of the Criminal Code of Wisconsin, is committed by one who utters (presents) as genuine, forged writing or object by which legal rights or obligations are created or transferred, knowing that the writing or object was falsely made or altered.

Uttering a forgery requires the following.

• The writing was one by which legal rights or obligations are created or transferred.
• The writing was falsely made or altered. 
• The writing was uttered (presented) as genuine. 
• The person uttering the writing knows the writing was falsely made or altered.
  

Being accused of a property crime such as theft or robbery is not only a frightening experience but is also embarrassing. Accusations of theft and robbery carry with them a strong stigma of dishonesty and deception. Such allegations can affect not only your relationships with family and friends but also can have a serious impact on your employment or ability to find future employment. If convicted of a property crime, your conviction will appear in any background check, and potential employers may choose not to hire you as a result.

If you have been accused of a property crime such as theft, robbery, or burglary, you must contact one of our experienced criminal defense attorneys at Brabazon Law Office right away. You have a constitutional right to defend yourself against such accusations. The attorneys at Brabazon Law office will immediately begin an investigation into the accusations and aggressively work to defend you and your rights and get you the best result possible.

The laws about child abuse are complicated. If you are facing child abuse charges, you should consult with an experienced child abuse lawyer. A common defense against charges of child abuse is the right of parents to discipline their children.

The right of parents to direct the care, control, and upbringing of their children is one of the oldest basic liberty interests recognized by the Supreme Court. The Wisconsin Supreme Court has also recognized the authority parents have over their minor children including the right to exercise such authority by confining or restraining a child reasonably.

“Parental privilege” refers to a parent’s right to control his or her child. The law has established limitations to the “parental privilege.” Wisconsin Statute §939.45(5) defines the “parental privilege.” 

The only individuals that may claim the parental privilege are:

• A parent
• A stepparent or guardian
• An employee of a public or private residential home, institution, or agency in which the child resides or is confined or that provides services to the child.
• Any other person who is legally responsible for the child’s welfare in a residential setting.
  

A live-in boyfriend or girlfriend does not qualify if he or she is not a parent and has no legal obligation to care for the child.

The “parental privilege” only applies to conduct that is reasonable discipline of a child. Reasonable discipline may involve only such force as a reasonable person believes is necessary. It is never reasonable discipline to use force that is intended to cause great bodily harm or death or creates an unreasonable risk of great bodily harm or death.

Wisconsin Jury Instruction 950 defines reasonable discipline as follows:

• Reasonable force is that which a reasonable person would believe is necessary.
• Whether a person would have believed the amount of force used was necessary and not excessive must be determined from the standpoint of the defendant at the time of the defendant’s acts.
• The standard is what a person of ordinary intelligence and prudence would have believed in the defendant’s position under the circumstances that existed at the time of the alleged offense.
• The test of unreasonableness is met at the point at which a parent ceases to act in good faith and with parental affection and acts immoderately, cruelly, or mercilessly with a malicious desire to inflict pain, rather than make a genuine effort to correct the child by proper means.
  

There is no inflexible rule that defines what, under all circumstances, is unreasonable or excessive corporal punishment. Rather, the accepted degree of force must vary according to the age, sex, physical and mental condition and disposition of the child, the conduct of the child, the nature of the discipline, and all the surrounding circumstances.

• Bribery – Either taking or paying a bribe.
• Computer Fraud – Using a computer to commit a crime.
• Embezzlement – An individual is taking property entrusted to them by a business or employer.
• Extortion (Blackmail) – Using the information to threaten another person to gain a profit.
• Fraud – Gaining a financial advantage by misrepresenting facts, such as tax fraud or health care fraud.
• Identity Theft – Using another’s personal information for your gain.
• Larceny – Taking property belonging to another without payment.
• Obstruction of Justice – Impeding a criminal investigation, such as providing false information to law enforcement officials or destroying documents.
• Perjury – Lying in a judicial proceeding in which the individual is under oath.
• Price Fixing – Parties are agreeing to set prices in violation of the free market.
• Racketeering – Extortion of money through force or a pattern of criminal activity to advance the interests of a criminal syndicate.
• Securities and Commodities Law Violations – These may include misrepresentation of a financial fact, Ponzi schemes, or insider trading.
  

These crimes are prosecuted at the state or federal level, depending on the circumstances and whether state or federal law was violated. The penalty can be a fine, restitution to victims, jail time, and federal prison sentences. Victims often seek help from an attorney to recover money lost as a result of white-collar crime.

Commonly, these crimes involve the use of a computer. Our firm works with a computer expert to analyze this evidence and ensure that our client’s rights are protected. In addition, we may employ the assistance of other experts such as financial analysts, accountants, private investigators, and psychologists to develop the most effective defense strategy.

Wisconsin traffic law can be very confusing and overwhelming. You must contact one of our experienced criminal defense attorneys at Brabazon Law Office to help you through this process. We have a proven track record of successfully representing individuals facing traffic offenses. Whether you intend to fight your charges to a trial or need someone to guide you through the process and find the best resolution possible, the traffic attorneys at Brabazon Law Office can help.

There are many different types of traffic offenses. The following is a list of common traffic offenses under Wisconsin law:

Traffic convictions remain on an individual’s driving record for five years from the date of conviction. However, convictions involving alcohol (such as drunk driving) and some commercial violations may remain on an individual’s driving record for life.

What are the Penalties for Traffic Offenses?

The penalties associated with traffic offenses vary greatly. The penalty for some offenses may be as simple as a fine. However, with certain types of offenses, the potential penalties can be very serious. The range of penalties includes warnings, fines, suspension/revocation of operating privileges, and jail time.

How Do I Get My License Reinstated After Revocation?

If your operating privilege has been revoked, the following is a list of tasks you will need to complete before having your license reinstated:

• Find out how long you need to file proof of insurance.
• If you currently have acceptable proof of insurance filed, check your financial responsibility status.
• File proof of insurance (form SR22).
• Go to a DMV service center (except express centers) and complete the Wisconsin Driver License (DL)/identification card (ID) Application (form MV3001).
• Bring a parent or legal guardian to sign as a sponsor if you are under the age of 18.
• Provide proof of identity.
• Provide proof of legal presence (if applicable).
• Provide proof that you are a US citizen, lawful permanent or conditional resident, or temporary visitor.
• Pass required examinations (a road test fee may be required).
• Pay the reinstatement fee.
• If your license is revoked or suspended in another state, you will need to satisfy that state’s requirements to have your license reinstated in Wisconsin.
  

How Do I Get My License Reinstated After Suspension?

An individual’s operating privileges remain revoked until the privilege is reinstated. The following is a step-by-step directive on getting your license reinstated if you have a Wisconsin driver's license in your possession:

• Mail your registration payment (check or money order) to the DOT. Be sure to include your name, address, date of birth, license number, and social security number.
• File proof of insurance with the DOT (Form SR22).
• Bring a parent or legal guardian to sign as a sponsor if you are under the age of 18.
• After the suspension time has elapsed, confirm that all necessary documentation was received and that your license is valid online.
  

The following is a step-by-step directive on getting your license reinstated if you DO NOT have a Wisconsin driver's license or if your license has expired:

• Apply for a duplicate license or renewal at a local DMV office (except express offices).
• Provide proof of identity.
• Provide proof of US citizenship.
• Pay the reinstatement fee.
• If your license is revoked or suspended in another state, you must comply with that state’s reinstatement requirements before your license will be reinstated in Wisconsin.
• How do I get my license reinstated if I am an out-of-state resident?
• If your license has been revoked or suspended and you are not a Wisconsin resident, you will be required to pay the reinstatement fee. You can confirm that your fee has been received by checking your eligibility status online. After the revocation or suspension period is complete, you can confirm your eligibility status online.
  

Wisconsin Demerit Point System

Demerit points are assessed to drivers when convicted of a traffic violation. The Wisconsin Department of Transportation (DOT) Division of Motor Vehicles (DMV) receives records of all traffic convictions from local courts. Drivers who hold a probationary license are assessed double points for the second and all subsequent points. An individual’s license will be suspended for a minimum of 2 months if that individual has accumulated 12 or more demerit points in one year.

If an individual attends an approved traffic safety course, they may be able to reduce the number of points accumulated by 3 points. However, there are limitations on an individual’s ability to reduce the number of demerit points accumulated. Contact an attorney to learn more about rules and restrictions on reducing demerit points.

Juvenile cases are similar to adult criminal cases in a lot of ways, but juveniles are not afforded all of the same rights as adults. The attorneys at Brabazon Law Office understand Wisconsin juvenile law and have experience in both protecting and aggressively defending juvenile rights.

If your child is facing juvenile charges for a juvenile crime, you must contact one of our experienced juvenile attorney specialists at Brabazon Law Office as soon as possible. The sooner you get a juvenile attorney specialist from Brabazon Law Office on your side, the sooner we can start taking the necessary steps to get the best possible outcome for your child. Your child’s future needs, and their juvenile rights need to be protected, and we can help.

More Information on Juvenile Law

Juvenile Law is an area of criminal law that applies to individuals for whom Chapter 938 of the Wisconsin Statutes governs crimes committed by minors, or “juveniles.” Enacted by the State Legislature in 1996, this chapter is designed to treat juveniles similarly to adult offenders under the Criminal Code (chapters 939-951).

How are Juvenile Cases Different from Adult Criminal Proceedings?

The juvenile court system is set up similarly to the adult court system but with some key distinctions. For example, under the Wisconsin Juvenile law, there is no right to a jury trial. Instead, a fact-finding hearing is heard by a judge in a closed courtroom.

The terminology used in juvenile cases is different than that used in adult criminal cases. The following are some examples:

How are Juvenile Cases Similar to Adult Criminal Proceedings?

Many of the essential rights afforded to adult offenders are also present in the juvenile system.

First and foremost, the Juvenile Justice Code provides juveniles with an absolute right to be represented by an attorney. Similar to the Criminal Code for adult offenders, where a juvenile or his/her parents cannot afford an attorney, the juvenile may be eligible to have a Public Defender appointed. Often, where a public defender is appointed to represent the juvenile, the Court may require the parents to pay for the cost of representation.

As is the case in adult criminal cases, the attorney will represent the interests of the juvenile at every stage of the proceeding unless the juvenile requests to continue without counsel and the judge permits this.

The burden of proof in juvenile cases is the same as in adult criminal cases. The State must prove the charges beyond a reasonable doubt. This is the highest burden of proof in our legal system.

Procedure Under the Juvenile Code

When Can a Child be Tried as an Adult?

At age 17, a child charged with a crime will be tried as an adult in criminal court. In most cases, if a child under the age of 17 is charged with a criminal offense, he/she will be tried in a juvenile court. However, there are certain serious offenses for which a child under the age of 17 may be charged in adult court. One such offense is intentional homicide. The child may request that the case be tried in juvenile court. The judge will determine whether the nature of the charge requires that the child proceed to adult court and face adult penalties. Additionally, a prosecutor may request a juvenile case be transferred to adult court for any offense committed by a child who is 15 years or older.

IF YOU ANSWERED YES TO ANY OF THESE QUESTIONS YOU NEED LEGAL HELP. DO NOT RETURN ANY PHONE CALLS, MAKE ANY STATEMENTS, AGREE TO SUBMIT TO A LIE DETECTOR TEST, OR PROVIDE A DNA SAMPLE OR OTHER EVIDENCE WITHOUT CONSULTING WITH AN EXPERIENCED WISCONSIN CRIMINAL DEFENSE ATTORNEY.

It is rarely, if ever, a good idea to talk to the police. Most people confronted by police decide to talk to the police because they want it to look like they have something to hide. They want to appear cooperative and compliant and not anger the officer. Many people think they can talk their way out of the situation.

THE ONLY PERSON YOU SHOULD BE TALKING TO IS AN EXPERIENCED WISCONSIN CRIMINAL DEFENSE ATTORNEY.

Consulting with a Wisconsin defense attorney before cooperating with law enforcement can provide the following benefits.

• Pre-charging representation may save the expense of future attorneys’ fees.
• Provides an opportunity to begin investigating/defending the case before misdemeanor charges of felony charges are even filed.
• Provides an opportunity to negotiate bond/release conditions if misdemeanor charges or felony charges are filed.
• Provides an opportunity to convince the prosecutor not to file misdemeanor charges or felony charges.
  

REMEMBER

DNR Citations

Hunting and fishing are the time-honored and cherished activities in the State of Wisconsin. Certain activities can result in the Wisconsin DNR issuing a citation. This issue must be carefully addressed, as the citations may range from fines of $150 to felonies that carry penalties, which may include two years in jail and a fine of up to $20,000. Additionally, a citation may result in hunting and fishing licenses being revoked for as long as five years. In most cases, the penalty is a fine of less than $1,000 with little or no jail time, but the citation must be taken seriously. The criminal defense lawyers at Brabazon Law Offices represent clients charged with DNR citations in the Green Bay, WI, and De Pere, WI areas.

Citations may be issued in three ways: in the field, at a precinct, or by mail. Regardless of how a citation is issued, it should be addressed properly. The DNR revokes all rights for hunting, fishing, and trapping until the issue is resolved. For this reason, you must appear in court and pay your fines.

Citations may be issued for a range of actions related to the natural resources of Wisconsin. Some common citations include hunting or fishing without a license, operating an ATV, snowmobile, or boat under the influence of drugs or alcohol, abuse of wildlife, or harming public forests or waters. Our criminal defense lawyers are here to help.

They appear in courts in Green Bay, WI, De Pere, WI, and throughout the state of Wisconsin to help clients deal with DNR citations. Our goal is to obtain the best possible outcome for your situation.

Admission to Canada

Since September 11, 2001, traveling outside the United States has become more difficult and time-consuming. Even getting to the border countries of Canada and Mexico has become more cumbersome.

Many of our clients have been having difficulty getting into Canada because of a law violation being on their record. In many cases, the violation can be from twenty or more years ago! Even a first-offense OWI (or DWI), a civil infraction here in Wisconsin, can prevent you from entry into Canada.

Sometimes clients have repeatedly crossed the border for many years and only recently have experienced difficulties when a routine background check at the border found a very minor offense that barred them from entry to Canada.

If you have an “indictable” offense, “summary conviction” or “dual procedure offense” according to Canadian Immigration Laws, we can guide you through the complex rules of admissibility.

A person who is deemed inadmissible to Canada because of past criminal or other offenses may have one or more of the following options available to them:

• Temporary Resident Permit – a temporary pass
• Rehabilitation Application –permanent removal of the grounds of inadmissibility
• Deemed Rehabilitation – available if at least 10 years have passed since the completion of the sentence and that conviction would equate to a hybrid or indictable offense in Canada.
  

If you are considering a trip to Canada, whether for work or pleasure, and you have any type of offense, you may want to discuss your options with one of our experienced Green Bay attorneys. We can research your background and help you determine what type of documentation will need to be filed for you to enter Canada.

You must start this process immediately. If we need to file the appropriate paperwork to apply for permanent rehabilitation, the process of obtaining all the necessary documents and other forms will take significant time. In addition, after the appropriate documents are filed, the Canadian Immigration officials can take up to a year to decide.

If you have been denied access to Canada, or are seeking entry into Canada, you need to meet with our experienced Green Bay attorneys to determine the best method possible. The Green Bay attorneys and staff of Brabazon Law Firm are ready to assist you in gaining entry into Canada.

Federal Crimes

If you have been charged with a federal crime, you must consult with an experienced federal criminal defense attorney. A federal attorney is a defense attorney who is licensed to practice in federal court. Not every defense attorney is qualified or permitted to represent individuals facing federal charges.

A crime is considered a federal crime if it is an offense that is illegal under Title 18 of the United States Code or a crime that occurs on U.S. federal property. The Federal Bureau of Investigation (FBI) is responsible for investigating federal offenses. Some federal crimes include the following:

Federal crimes are handled much differently than state crimes. An experienced federal criminal lawyer will be able to explain the often complicated and confusing set of federal rules and sentencing guidelines.

The federal sentencing system is based on a set of sentencing guidelines that judges are required to follow. Determining the sentencing guideline for a specific offense is based on the offense level and an individual’s criminal history score. A federal criminal defense attorney can help you understand how the sentencing guidelines apply in your case. Every federal crime has a specific offense level assigned to it. The Sentencing Guidelines Manual describes the different offense levels for all of the various crimes. The guidelines also allow for adjustments to the offense level based on certain circumstances some of which include:

• Whether the crime involves certain categories of victims (i.e. law enforcement, elderly, etc.)
• The role the individual played in the crime.
• If the individual abused a public or private trust or used a special skill in the commission of the crime
• If the individual used or attempted to use a minor to commit the offense
• If the individual obstructed or impeded the administration of justice during the investigation, prosecution, or sentencing in the case.
• If the crime involved the use of a firearm or body armor
• If the individual accepts responsibility
• If the individual provides a truthful statement to law enforcement also known as the “Safety Valve” or “Escape Hatch” clause
• If the individual cooperates with the Government
  

An individual’s criminal history category depends on their prior criminal convictions and sentences. An individual must make a list of all their prior convictions, including the sentence they received on each one, the dates when they were released from each prison term, and the date they were discharged from their most recent parole or probation. Each conviction is assigned a point value depending on the type of conviction and sentence. Some convictions don’t count as priors or are counted only if they meet other requirements. Some sentences imposed for an offense committed before an individual’s 18th birthday count only under certain circumstances. Some special considerations can also raise the criminal history score.

Once an individual determines the final offense level and their criminal history points and has considered the special categories that might raise the offense level or the criminal history category, they can use the Sentencing Table to determine the applicable sentencing guideline range.

Drug-related federal crimes carry special penalties. Almost all federal drug crimes involve statutorily required minimum and maximum penalties. For drug crimes, the most common statutory sentencing ranges are 0 to 20 years, 5 to 40 years, and 20 to life. The lower number in each range is the “statutory minimum,” or the smallest sentence that the judge can impose. The higher number in each range is the “statutory maximum” of the greatest sentence that the judge can impose. These statutorily required minimums overrule the sentencing guidelines. For example, if you are convicted of a crime with statutory penalties of 5 to 40 years, but the guidelines are only 48 months, the judge will still have to sentence you to the 5-year mandatory (statutory) minimum.

In drug cases, all the drugs an individual was involved with are added together to determine the proper offense level. Even if an individual pleads guilty to one count and the other counts are dismissed the drugs in the dismissed counts will be added together with all the drugs plead to determine the total that will be used to calculate the offense level. Conspiracies are also considered. For example, if you conspire to deliver 5 kilograms of cocaine but only deliver one, the amount for purposes of determining the offense level is 5 kilos.

Expungement, Removal of Arrest Records, and Official Pardons

According to the "open records law" in Wisconsin, criminal records are open to the public. Anyone can obtain criminal proceeding records from law enforcement agencies or courts. For this reason, you should consult with an expungement lawyer if you have a misdemeanor or felony conviction. At Brabazon Law Offices, we assist clients with expungements in the Green Bay, WI, and De Pere, WI areas.

Circuit court records can be accessed by the public at no cost on the Wisconsin Circuit Court Access website, which is known as the Consolidated Court Automation Programs, or CCAP. The Crime Information Bureau (CIB) is the Wisconsin Department of Justice's criminal history database. Anyone can pay a fee for a criminal background check on another person.

Because it is easy for the general public to obtain information about a felony or misdemeanor conviction, it is understandable to be concerned about someone accessing your records. For this reason, you should contact an expungement attorney. When records are expunged, the record of the conviction is removed from the WCCA, and a request will show that no record is found. The record cannot be considered at a subsequent sentencing, for sentence enhancement, or to attack the individual's credibility.

There is no requirement for the records to be destroyed, so records maintained by law enforcement agencies are not affected by expungement. The CIB database contains information about arrests, charges, court findings, and sentences. The information is based on arrest fingerprint cards. This information can be removed from the database in certain situations. This includes people released without charges or cleared in court proceedings.

A form is available from the Department of Justice to request that information in the CIB database be removed. This does not affect the availability of the information from court files and police records. When information that was reported to the FBI, the Department of Justice will notify them to remove the information from FBI records.

A judge may expunge a conviction, provided that four conditions are met, including being under the age of 25 at the time of the offense, an offense that carries a maximum penalty of 6 years or less, the court must find but expungement would be a benefit to the individual, and no harm to society. In addition, the determination must be made at the time of sentencing and the sentence completed successfully.

The sentence is considered completed when the person has not been convicted of a subsequent offense, probation was satisfied and not revoked. A certificate of discharge must be forwarded to the court of record. No record can be expunged for a person with a prior felony conviction or current conviction for a violent felony, such as substantial bodily harm, homicide, murder, substantial or aggravated battery, unborn-child battery, kidnapping, intimidation of victims or witnesses, causing harm to a child, child abduction, and other serious offenses.

Pardons

The power to pardon lies with the governor and can be exercised however the governor sees fit. This power is granted in Article V, section 6 of the Wisconsin Constitution: 

• The governor has the power to grant pardons and commutations for any offense other than treason or impeachment. Each year, the governor must communicate with the legislature about each case, including the name of the individual, crime, sentence, date, pardon or reprieve, and reasons for granting it.
• A pardon restores the rights lost after conviction, including voting, possessing a firearm, jury duty, and holding public office and various licenses.
  

A pardon does not expunge the criminal record or prevent it from being discovered. There are several factors to consider when applying for a pardon, including:

• Nature of the Crime - More serious crimes are less likely to be pardoned, such as crimes against young children, aggravated or violent crimes, or multiple crimes.
• Time Since Conviction When more time has passed, the request is more likely to be considered.
• Punishment Served without problem - You must be able to demonstrate that the conditions of probation were completed. A pardon is likely to be denied when the person exhibits bad conduct in prison.
• Conduct Since the Crime - A positive change in behavior since the offense is essential. The individual must show that they are a productive member of society and have had no further contact with law enforcement.
• Need -Generally, applicants need a pardon to pursue or advance in a career or overcome a barrier caused by the conviction.
• Community Support - When applying for a pardon, the individual must submit letters of support from employers, coworkers, law enforcement officials, or others who are respected and trusted in the community.
• District Attorney's Position - The DA who prosecuted the case must be notified and can make comments to the Pardon Advisory Board.
• Judge's Position - The sentencing judge must be notified and the judge’s comments can have a significant impact on the decision to grant a pardon.
• Input from Victims and Others - Letters of testimony from victims or probation agents can influence the decision to grant a pardon.
• Sincerity - The applicant will appear before the board and be judged on the credibility and sincerity of the applicant.