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Criminal Law

Wisconsin Criminal Defense Lawyers

In Wisconsin, people accused in criminal cases face prosecutors who are determined to obtain convictions. Because prosecutors have the power of the state behind them, criminal defendants need an advocate who will stand up for their rights. At Kindt Phillips Friedman & Fremgen, we believe in aggressively defending the rights and freedom of our clients.

The firm of Kindt Phillips Friedman & Fremgen represents clients facing all types of criminal charges, including those involving:

• OWI (drunk driving)
• Property crimes – including burglary, car theft and robbery
• Drug possession, distribution and manufacturing
• Prescription fraud involving oxycontin or other drugs
• Violent crimes – including assault, sexual offenses and homicide
• White collar crimes
• Juvenile crimes – such as underage drinking, possession of drugs and delinquency
• Parole revocation matters
• And others

Drunk Driving Defense That Protects Your Rights

If you have been arrested for Operating While Intoxicated (OWI) you face two challenges – the fight to protect your drivers license and the fight to minimize or avoid the effects of the criminal charge. These are two different proceedings which require representation by an experienced criminal defense attorney. Mark R. Fremgen, the lead attorney in our criminal and drunk driving defense practice, has more than 15 years of experience in the field of criminal defense. He has successfully represented numerous clients involved in drunk driving, drug arrests and other criminal matters.

When you speak with Mr. Fremgen regarding your case, he will give you a frank assessment of your situation and your options. Based on the facts of the case and the strength of the prosecution’s evidence, he will then formulate an aggressive defense strategy and posture. His goal is always to obtain the best result possible for our clients.

For a consultation with Kindt Phillips Friedman & Fremgen, call 920-231-1500 or contact us online.

Criminal Law FAQ's

1. Do I have to talk to the police?
   As with most questions involving criminal law, the answer is mixed. Yes, you must answer non?interrogation questions asked by an officer who may have stopped you in your car or on the street, such as your name and address. However, you are under no obligation to answer questions whether in custody or not. You may not obstruct an officer, though; that is, you may not tell an officer false information (false name, false address, etc.). If you answer questions, you must tell the truth or face a possible misdemeanor charge of obstructing.
2. Can the police look through my belongings, enter my house or look in my car without my permission?
   It is very possible that the police may be able to look through your belongings, house or car without your permission if (the car was stopped legally and) the police have a warrant to search the vehicle/home or belongings or an exception to the warrant requirement exists. The courts recognize the following exceptions to a warrant: search incident to arrest, plain view, exigent circumstances.
3. What happens if I am arrested?
   First, do not resist the officer's attempts to arrest you. Second, do not speak with the police until you have spoken with an attorney. Third, call an attorney. If the police come to your home and threatened to arrest you unless you speak with them, close your mouth and put out your hands. More harm can happen to you from a 10 minute conversation with the police than a night in jail. In Wisconsin, you have to be brought before a court or court commissioner within a reasonable period of time following an arrest. Most bond hearings will be held within 24 to 48 hours. At that time, you will be released from custody on some form of bond (signature or cash). If you are charged with a felony, your next appearance will be at a preliminary hearing in which the state must prove to a court that there is probable cause that you committed a felony. If the state fails to prove probable cause, the charge must be dismissed. In a misdemeanor case, the next appearance will require the entry of a plea (guilty, no contest, or not guilty). In a felony matter, the next progression involves the arraignment (or entry of a plea). Following a not guilty plea, the court will schedule the matter for a trial ( or other proceeding such as a motion hearing or plea hearing). If you enter a guilty or no contest plea, the court may proceed directly to sentencing or adjourn the matter for sentencing.
4. The police never read me my Miranda rights. Can they still arrest me?
   The most frequently asked question by any person arrested for a crime is whether the charge should be dismissed if the police failed to read the Miranda rights. The simple answer is "no." If you are in custody and are interrogated by the police, if the police have failed to provide the Miranda warnings, your statement could be suppressed. If the only evidence that the police have has been derived from your statement or is the statement, alone, your case should be dismissed. The only time that the Miranda warnings are important is if the prosecutor wants to use that statement against you.
5. If I do not want to go to trial, can I negotiate a plea instead?
   Nine out of ten criminal cases are resolved with some form of a "plea negotiation". A plea negotiation requires the defense attorney and prosecutor to come to an agreement as far as the charge, the number of charges, or the sentence, and to present that agreement to the judge. Some times the agreement may involve the state deferring the prosecution for a period of time in which certain conditions must be met before the state will dismiss the charges. If the judge accepts the deal, the matter will not need to proceed to trial. Often times the negotiations will involve a joint agreement in which both attorneys recommend one sentence to the court. Other times, the attorneys may simply agree on the charge or number of charges and argue sentencing to the court. Only the defendant can enter a plea to any charge. You can not be forced or coerced to enter a plea. Never feel obligated to enter into an agreement. However, discuss all options with your attorney before making any decision.
6. If I have been convicted of domestic abuse, can I still hunt?
   It is very likely that if you have been convicted of a domestic crime in Wisconsin, that you may no longer possess a firearm. The Lautenberg Act of 1975 makes it a federal violation for a person who has been convicted of a crime of "domestic violence" to possess a firearm. Although the state of Wisconsin does not have a specific crime of "domestic violence", the state does have an enhancement statute that specifically proscribes crimes against spouses, family members or significant others. For instance, battery is a misdemeanor crime. If the battery occurs to a spouse, it is a domestic violence crime.
7. Do I have to talk to the police?
   As with most questions involving criminal law, the answer is mixed. Yes, you must answer non-interrogation questions asked by an officer who may have stopped you in your car or on the street, such as your name and address. However, you are under no obligation to answer questions whether in custody or not. You may not obstruct an officer, though; that is, you may not tell an officer false information (false name, false address, etc.). If you answer questions, you must tell the truth or face a possible misdemeanor charge of obstructing.
8. Can the police look through my belongings, enter my house or look in my car without my permission?
   It is very possible that the police may be able to look through your belongings, house or car without your permission if (the car was stopped legally and) the police have a warrant to search the vehicle/home or belongings or an exception to the warrant requirement exists. The courts recognize the following exceptions to a warrant: search incident to arrest, plain view, exigent circumstances,
9. What happens if I am arrested?
   First, do not resist the officer's attempts to arrest you. Second, do not speak with the police until you have spoken with an attorney. Third, call an attorney. If the police come to your home and threatened to arrest you unless you speak with them, close your mouth and put out your hands. More harm can happen to you from a 10 minute conversation with the police than a night in jail. In Wisconsin, you have to be brought before a court or court commissioner within a reasonable period of time following an arrest. Most bond hearings will be held within 24 to 48 hours. At that time, you will be released from custody on some form of bond (signature or cash). If you are charged with a felony, your next appearance will be at a preliminary hearing in which the state must prove to a court that there is probable cause that you committed a felony. If the state fails to prove probable cause, the charge must be dismissed. In a misdemeanor case, the next appearance will require the entry of a plea (guilty, no contest, or not guilty). In a felony matter, the next progression involves the arraignment (or entry of a plea). Following a not guilty plea, the court will schedule the matter for a trial (or other proceeding such as a motion hearing or plea hearing). If you enter a guilty or no contest plea, the court may proceed directly to sentencing or adjourn the matter for sentencing.
10. The police never read me my Miranda rights. Can they still arrest me?
    The most frequently asked question by any person arrested for a crime is whether the charge should be dismissed if the police failed to read the Miranda rights. The simple answer is "no." If you are in custody and are interrogated by the police, if the police have failed to provide the Miranda warnings, your statement could be suppressed. If the only evidence that the police have has been derived from your statement or is the statement, alone, your case should be dismissed. The only time that the Miranda warnings are important is if the prosecutor wants to use that statement against you.
11. If I do not want to go to trial, can I negotiate a plea instead?
    Nine out of ten criminal cases are resolved with some form of a "plea negotiation". A plea negotiation requires the defense attorney and prosecutor to come to an agreement as far as the charge, the number of charges, or the sentence, and to present that agreement to the judge. Some times the agreement may involve the state deferring the prosecution for a period of time in which certain conditions must be met before the state will dismiss the charges. If the judge accepts the deal, the matter will not need to proceed to trial. Often times the negotiations will involve a joint agreement in which both attorneys recommend one sentence to the court. Other times, the attorneys may simply agree on the charge or number of charges and argue sentencing to the court. Only the defendant can enter a plea to any charge. You can not be forced or coerced to enter a plea. Never feel obligated to enter into an agreement. However, discuss all options with your attorney before making any decision.
12. If I have been convicted of domestic abuse, can I still hunt?
    It is very likely that if you have been convicted of a domestic crime in Wisconsin, that you may no longer possess a firearm. The Lautenberg Act of 1975 makes it a federal violation for a person who has been convicted of a crime of "domestic violence" to possess a firearm. Although the state of Wisconsin does not have a specific crime of "domestic violence", the state does have an enhancement statute that specifically proscribes crimes against spouses, family members or significant others. For instance, battery is a misdemeanor crime. If the battery occurs to a spouse, it is a domestic violence crime.

Serving northeastern Wisconsin, including Appleton, Oshkosh, Neenah,
Fond Du Lac, Menasha, and other communities in Outagamie County, Winnebago County, Green Lake County, Waushara County, Waupaca County, and Calumet County.

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