(715) 394-3939
Act Fast
Time is of the essence following any criminal charge or OWI. Do not give a statement to the police. Be proactive, and call Johansen Law Office, S.C. instead.
Miranda
The police officer did not read me my Miranda rights. Can I get my case dismissed? The police are not required to read Miranda rights unless there is a custodial interrogation. A custodial interrogation occurs when the police question a suspect that is restrained freedom of movement, like an arrest. The rule does not apply to all questions. At a traffic stop, even if the officer asks incriminating questions, since you are not in custody, Miranda would not apply. Nor does it apply to routine questions after an arrest such as name and date of birth. Miranda only applies to those questions designed to elicit an incriminating reply. Once arrested, the officer may not ask you incriminating questions without first advising you of your Miranda warnings. If the officer arrests the suspect, fails to read Miranda warnings, and continues to ask incriminating statements, any statements made would not be admissible in court.
Stakes are High
Beyond probation, confinement, and/or financial penalties, a felony conviction can adversely impact an individual's career, reputation, and future prospects.
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Suppression Motions/Dismissals
Unlawful Seizure under Newer - DISMISSED​
Johansen Law Office, S.C. brought a motion under State v. Newer leading to suppression of the evidence and a dismissal of the case.
​ Warrantless Entry Into Home - DISMISSED
Johansen Law Office, S.C. filed a motion to suppress based on unlawful warrantless entry into defendant's home leading to a dismissal.
​ Unconstitutional Rodriguez Search - DISMISSED
​ Johansen Law Office, S.C. brought a Rodriguez motion arguing unlawfully prolonged stop to conduct the K9 sniff. Case dismissed. ​ Not Guilty at Jury Trial - DISMISSED
Following the felony jury trial, defendant was found NOT GUILTY.
Felony Charges Dismissed at Preliminary Hearing - DISMISSED
Client was released from bond and the case was never refiled.
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