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David Saperstein
About | Practice Areas
Hurley Burish, S.C.
33 East Main Street Suite 400 Madison, WI 53703» view map
Estate and Criminal Defense Law
A Law Firm You Can Trust

Dedicated to providing clients with the comprehensive, creative, and thorough work.

608-257-0945
1. David Saperstein Madison, WI
  Attorney at Law- WI
  DePaul University College of Law, J.D. 1995
2. AboutHurley Burish, S.C.
  A Law Firm You Can Trust
3. Practice AreasExpertise
  Estate Law
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Jay M. Englund

White Collar Crime, Criminal

Status: In Good Standing

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214 1St Street, Baraboo, WI 53913

Joseph L. Viney

Real Estate, Estate, Divorce & Family Law, Criminal

Status: In Good Standing Licensed: 48 Years

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137 3Rd Ave, Baraboo, WI 53913

Richard G. Davis

Criminal

Status: In Good Standing Licensed: 31 Years

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219 E Conant St, Portage, WI 53901

Kathryn Michelle McClain

Criminal, DUI-DWI, Felony, Misdemeanor

Status: In Good Standing Licensed: 14 Years

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Tomah, WI 54660

John D. Hanson

Criminal, Family Law, Children's Rights, Personal Injury

Status: Inactive Licensed: 58 Years

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2205 Fremont Ave, Madison, WI 53704

800-923-0641

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LEGAL TERMS

ACTUS REUS

Latin for a 'guilty act.' The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For ... (more...)

Latin for a 'guilty act.' The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For example, the crime of theft requires physically taking something (the actus reus) coupled with the intent to permanently deprive the owner of the object (the mental state, or mens rea).

AGGRAVATING CIRCUMSTANCES

Circumstances that increase the seriousness or outrageousness of a given crime, and that in turn increase the wrongdoer's penalty or punishment. For example, th... (more...)

Circumstances that increase the seriousness or outrageousness of a given crime, and that in turn increase the wrongdoer's penalty or punishment. For example, the crime of aggravated assault is a physical attack made worse because it is committed with a dangerous weapon, results in severe bodily injury or is made in conjunction with another serious crime. Aggravated assault is usually considered a felony, punishable by a prison sentence.

ARRAIGNMENT

A court appearance in which the defendant is formally charged with a crime and asked to respond by pleading guilty, not guilty or nolo contendere. Other matters... (more...)

A court appearance in which the defendant is formally charged with a crime and asked to respond by pleading guilty, not guilty or nolo contendere. Other matters often handled at the arraignment are arranging for the appointment of a lawyer to represent the defendant and the setting of bail.

MENS REA

The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act (the actus reus) in a certain mental s... (more...)

The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act (the actus reus) in a certain mental state (the mens rea). The mens rea of robbery, for example, is the intent to permanently deprive the owner of his property.

SELF-INCRIMINATION

The making of statements that might expose you to criminal prosecution, either now or in the future. The 5th Amendment of the U.S. Constitution prohibits the go... (more...)

The making of statements that might expose you to criminal prosecution, either now or in the future. The 5th Amendment of the U.S. Constitution prohibits the government from forcing you to provide evidence (as in answering questions) that would or might lead to your prosecution for a crime.

OWN RECOGNIZANCE (OR)

A way the defendant can get out of jail, without paying bail, by promising to appear in court when next required to be there. Sometimes called 'personal recogni... (more...)

A way the defendant can get out of jail, without paying bail, by promising to appear in court when next required to be there. Sometimes called 'personal recognizance.' Only those with strong ties to the community, such as a steady job, local family and no history of failing to appear in court, are good candidates for 'OR' release. If the charge is very serious, however, OR may not be an option.

HUNG JURY

A jury unable to come to a final decision, resulting in a mistrial. Judges do their best to avoid hung juries, typically sending juries back into deliberations ... (more...)

A jury unable to come to a final decision, resulting in a mistrial. Judges do their best to avoid hung juries, typically sending juries back into deliberations with an assurance (sometimes known as a 'dynamite charge') that they will be able to reach a decision if they try harder. If a mistrial is declared, the case is tried again unless the parties settle the case (in a civil case) or the prosecution dismisses the charges or offers a plea bargain (in a criminal case).

MISDEMEANOR

A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk d... (more...)

A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk driving and leaving the scene of an accident are all common misdemeanors.

ARREST

A situation in which the police detain a person in a manner that, to any reasonable person, makes it clear she is not free to leave. A person can be 'under arre... (more...)

A situation in which the police detain a person in a manner that, to any reasonable person, makes it clear she is not free to leave. A person can be 'under arrest' even though the police have not announced it; nor are handcuffs or physical restraint necessary. Questioning an arrested person about her involvement in or knowledge of a crime must be preceded by the Miranda warnings if the police intend to use the answers against the person in a criminal case. If the arrested person chooses to remain silent, the questioning must stop.

SAMPLE LEGAL CASES

State v. Kramer

... Id. Â¶ 11 A primary question the court of appeals addressed was whether evidence of Wagner's subjective belief that criminal activity might be taking place operated to preclude his conduct from coming within the scope of his community caretaker function. Id., Â¶ 13. ...

State v. Harris

... I. Did the State violate Wis. Stat. Â§ 971.23(1) (the criminal discovery statute) or the ... Stat. Â§ 971.23(1) (the criminal discovery statute) by failing to disclose timely the defendant's request to put on a particular pair of pants? If so, was the defendant prejudiced by the violation? III. ...

State v. Schaefer

... 2 After permitting Schaefer's interlocutory appeal, the court of appeals certified the following question to this court: "Does a criminal defendant have a subpoena right to obtain and copy police investigation reports and nonprivileged materials prior to the preliminary hearing ...

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Wisconsin Dells Criminal Lawyer, Wisconsin

Sponsored Law Firm

Hurley Burish, S.C.

SPONSORED LAWYERS

Jay M. Englund

Joseph L. Viney

Richard G. Davis

Kathryn Michelle McClain

John D. Hanson

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LEGAL TERMS

ACTUS REUS

AGGRAVATING CIRCUMSTANCES

ARRAIGNMENT

MENS REA

SELF-INCRIMINATION

OWN RECOGNIZANCE (OR)

HUNG JURY

MISDEMEANOR

ARREST

SAMPLE LEGAL CASES

State v. Kramer

State v. Harris

State v. Schaefer

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