Criminal Appeals, Postconviction, and Internet Crimes Against Children
Practice
Trial-level and appellate or postconviction representation in cases involving allegations of possession, distribution, or production of child sexual abuse material; internet crimes against children, and cases at the intersection of technology and the Fourth Amendment.
Representation in direct appeals from criminal convictions in federal courts, addressing trial errors, evidentiary issues, and constitutional violations.
Representation in direct appeals from criminal convictions in Wisconsin state courts, addressing trial errors, evidentiary issues, and constitutional violations.
Specialized representation and consultation in cases involving the anonymous peer-to-peer network Freenet/Hyphanet, with expertise in Fourth Amendment technology issues.
Representation of victims of domestic abuse, stalking, and harassment in injunction proceedings on a case-by-case basis.
Federal court challenges to state court convictions based on constitutional violations that were not properly addressed in state proceedings.
Preparation and argument of petitions to the Wisconsin Supreme Court, seeking review of Court of Appeals decisions in criminal cases.
Post-conviction motions challenging federal convictions based on constitutional violations, ineffective assistance, or jurisdictional issues.
Specialized petitions addressing ineffective assistance of appellate counsel in Wisconsin criminal cases.
Petitions to the United States Supreme Court seeking review of federal appellate court decisions in criminal cases.
Motions seeking reduction or modification of criminal sentences based on new factors or changed circumstances.
Challenges to a conviction filed after an unsuccessful direct appeal or after the timeline for a direct appeal has expired.
Expungement of Misdemeanors and Class H and I Felonies
Expungement of Misdemeanors and Class H and I Felonies
At the time of sentencing, a judge may order that court records related to a person's conviction be expunged, or removed, if the person meets certain eligibility requirements and successfully completes the sentence. An expungement does not reverse or set aside the conviction; instead, it removes and seals all records relating to the conviction from the court's record system.
A court can order expungement (with a few exceptions) only if all of the following criteria apply:
For Class H and Class I felonies, the person must not have a prior felony conviction and the offense cannot be defined as a violent offense, stalking, intentional or reckless child abuse, sexual assault, or concealing the death of a child.
Expungement is not automatic even if the court permits expungement at sentencing. Upon completion of the sentence, there are several steps the person must take to effectuate the expungement.