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Since 1992, the likelihood of an arrest leading to a conviction has generally risen. Although some defendants think that they can "beat the system" on their own, having an experienced criminal defense attorney on your side is the best way to prevent becoming another statistic.

If you are facing criminal charges, it is important to know that you have options. The legal system is designed to protect the rights of all parties involved, including defendants. It is important to have an lawyer who will fight for your rights and help you understand your options. Attorney Michele A. Tjader has been providing clients with tough, honest, and fair representation for over a decade. Contact Tjader Law, Inc. today.

Sidebar A: Whether you have been arrested for disturbing the peace and disorderly conduct or first degree murder, you are entitled to fair and just representation. Make sure you are fully aware of the options available to you. At Tjader Law, Inc, we will fight for your rights. Contact us today for a free initial consultation.

Sidebar B: Do you need an experienced criminal defense attorney? Do you want to make sure you have representation that will fight for your rights at every level? At Tjader Law, Inc, we will not just settle for an easy settlement. We are ready and willing to go to trial to make sure you get the best possible resolution. Contact us today to set up a free initial consultation.

Tjader Law, Inc.
Madison Criminal Defense Attorney

409 East Main Street, Suite 2L
Madison, WI 53703
Phone: 608-251-0006
Fax: 608-251-1527
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At Tjader Law, Inc., we represent clients throughout Wisconsin, including Madison, DeForest, Fitchburg, Middleton, Monona, Stoughton, Sun Prairie, Verona, Appleton, Baraboo, Beloit, Eau Claire, Green Bay, Janesville, La Crosse, Neenah, Oshkosh, Racine, Sheboygan, Wausau, and West Bend and the Counties of  Dane, Columbia, Jefferson, Rock and Sauk.  We do business in the Fox River Valley and in the Wisconsin Dells.

Criminal Defense - An Overview

Our criminal-justice system can be overwhelming and frightening. The United States' incarceration rate is much higher than that of other industrialized countries. Prison sentences are getting longer and more frequent. If you face the possibility of being accused of a crime, contact an experienced criminal-defense lawyer as early in the process as possible, preferably even before questioning or investigation. A skilled attorney can fight for your legal and constitutional rights. Remember that if you cannot afford to hire a lawyer, the government may have to provide one for you.

Criminal Liability

Historically in our criminal-justice system, two things must have been present for criminal liability to attach to an action. First, a person must have the intent to take the criminal action. Traditionally this culpable state of mind was called mens rea, Latin for guilty mind.

The second requirement for criminal liability is actus reus, Latin for guilty act. The prohibited physical event must take place in combination with the requisite criminal intention for the actual commission of a crime to take place.

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Constitutional Protections of the Criminal Defendant

When our country was founded, its supreme law was recorded in a document called a constitution. A national constitution establishes the country's basic philosophy and structure and can be looked at as the blueprint from which the laws will flow. The United States Constitution and its subsequent amendments define the scope of governmental power and reserve certain individual rights to the people.

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Classifications of Crimes

Because the negative behavior regulated by the criminal laws varies from relatively minor to devastatingly violent, crimes are classified into levels or degrees. The classification of a crime reflects its seriousness. If you face questioning or arrest or are accused of a crime, you should consult an experienced attorney as early in the process as possible for help protecting your legal and constitutional rights. A criminal-defense lawyer can explain the particular crime involved and its possible ramifications.

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The Death Penalty

Worldwide, capital punishment is becoming less popular and is seen increasingly as a human-rights violation. The majority of executions take place in Iran, China and the United States. In the US, 37 states and the federal government allow execution as a criminal penalty under certain circumstances. The states with the highest numbers of executions are Texas, Florida, Virginia, Missouri and Oklahoma. Experienced legal counsel is of the utmost importance for anyone accused of a capital crime.

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Finding a Job After a Criminal Conviction

Employers are becoming increasingly concerned about knowing whether applicants have criminal records. Part of this concern stems from large jury verdicts that have been rendered against employers for negligently hiring people with criminal histories who ultimately harm others. However, the laws vary widely from state to state about which criminal records an employer must or may access, what an employer may ask a potential employee and what the job applicant must reveal. If you have a criminal record and seek a job, it is in your best interest to consult with an attorney knowledgeable in criminal law and employment law so that you go into the job search fully informed of your rights and restrictions.

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Frequently Asked Questions about Criminal Defense

Q: Is unsuccessfully attempting to commit a crime an offense?

A: It may be. It depends on the circumstances and on the law of the jurisdiction. A person who intends to commit a particular crime and takes a substantial step toward perpetrating it, but fails to actually complete it may be guilty of the separate crime of attempt. Generally an act that is extremely remote from the completed crime, such as early preparation, will not be significant enough to constitute criminal attempt.

Q: What is the role of the grand jury?

A: The US Constitution requires that the federal government convene a grand jury to decide whether accusing a person of a major crime is appropriate. In a practice originating in England, the grand jury reviews the evidence and may hear testimony in deciding whether to indict someone, but the grand jury makes no decision about guilt or innocence. Another traditional purpose of the grand jury is to serve as a buffer between an overzealous prosecutor and the accused. All states also use the grand jury system to some extent.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Copyright © 2008 by Tjader Law, Inc. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.