"A sexual assault charge is one of the worse charges a person can have made against them," says Attorney Christopher T. Van Wagner. "Even if they are acquitted, the social stigmatism seldom ends with the not guilty verdict."
"A convicted sex offender will be prohibited from attending many events... his daughter's school dance, his son's boy scout camping trip."
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Lifetime Supervision of Serious Sex Offenders
Sexual Assault Of A Child
Repeated Acts - Same Child
1st Degree Sexual Assault
2nd Degree Sexual Assault
3rd Degree Sexual Assault
4th Degree Sexual Assault
Sexual Intercourse 16 Years Old
Failure To Prevent - Protect
Prosecution After Death
Solicitation Of A Child
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Sexual Assault & Battery
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Attorney Christopher Van Wagner
Attorney Tracey A. Wood
Van Wagner & Wood Firm
If a person is convicted of a serious sex offense or found not guilty of a serious sex offense by reason of mental defect, the court may, in addition to sentencing the person to prison and placing the person on probation, place the person on lifetime supervision at the court's discretion to protect the public and if the person was given proper notice. In all instances where lifetime supervision is sought by the prosecuting attorney, the court will direct a separate verdict as to whether the conduct of the crime was for the convicted person's sexual arousal or gratification.
What Is Lifetime Supervision?
Lifetime Supervision or Supervision is probation on steroids. Lifetime supervision places a person subject to the control of the department of corrections, and more specifically under conditions set by the court and regulations established by the department that are deemed necessary to protect the public and rehabilitate the convicted sex offender.
When does Lifetime Supervision begin?
If a person is placed on probation for the convicted serious sex offense, then lifetime supervision begins when he or she is discharged from probation.
If a person is sentenced to prison or incarcerated into a mental health facility, lifetime supervision begins after the person is discharged from prison, parole, extended supervision, or commitment, whichever occurs last.
If a person is not sentenced to prison, placed on probation, or committed, then lifetime supervision begins upon the person being sentenced for the serious sex offense.
Incarceration of Person on Lifetime Supervision
If the department of corrections deems that the person on lifetime supervision has violated a condition or regulation of lifetime supervision, then the department may take that person into custody for as long as is reasonably necessary to investigate whether a violation has occurred. If the department of corrections accuses the person of committing a violation of lifetime supervision, custody can be extended during the time in which the department refers the violation and the person to the prosecuting agency.
If at any time during the period of lifetime supervision the supervised person denies having committed the crime or having committed the crime for purposes of sexual gratification or arousal, the department of corrections can incarcerate the person.
More Sex Offender Restrictions
Court ordered restrictions imposed upon a sex offender encompass every aspect of life. In almost all instances, the convicted sex offender will be restricted from living within a certain distance of a school attended by children, prohibited from attending school functions where children may be present, even if his or her child is involved in the function. The convicted sex offender will be prevented from working in any job that involves children, even if his or her current or previous job was defendant upon working with children.
Violation Of Lifetime Supervision
If a person on lifetime supervision knowingly violates a condition or regulation of the lifetime supervision, whether the condition was established by the court or the department of corrections, then they are guilty of a Class A misdemeanor, unless the conduct that violates the supervision is a felony, then they are guilty of a Class I felony.
Petition For Termination of Lifetime Supervision
Under Wisconsin law, a convicted sex offender on lifetime supervision may file a petition for termination of lifetime supervision with the court that ordered the lifetime supervision if he or she has not been convicted of a crime that was committed during lifetime supervision after a period of 15 years has elapsed since the date of placement on lifetime supervision.
When the court receives the petition, the court will refer it to the district attorney who had previously prosecuted the serious sex offense that was the basis for the order of lifetime supervision. The district attorney will research the record of the person on lifetime supervision to determine whether any crimes have been prosecuted against him or her during the period of lifetime supervision, and report all findings to the court.
If the district attorney's report indicates that the person on lifetime supervision was convicted of any criminal offenses during the period of lifetime supervision, the court will deny the petition without a hearing. If the DA's report indicates that the person on lifetime supervision has not been convicted of any criminal offenses during the supervision, then a entire process begins involving an evaluation of the person on lifetime supervision, notification to the department of corrections so that they may submit a report including information concerning the person's conduct while on lifetime supervision and an opinion as to whether lifetime supervision of the person is still necessary to protect the public. A hearing is scheduled to hear the petition.
The court will consider any relevant information and request any additional information as it deems necessary to make a decision as to whether the person petition for termination of lifetime supervision shall be granted that request. If the court denies the petition for termination of lifetime supervision, the person may not file a subsequent petition requesting termination of lifetime supervision until at least 3 years have elapsed since the most recent petition was denied.
No criminal defense attorney can make promises about the outcome of a hearing to revoke lifetime supervision, and the attorney at Van Wagner & Wood are no exception to that rule, but they are exceptional attorneys with a long history of favorable outcomes in many types of criminal defense cases.
If lifetime supervision has effected your life, then you should at least consider taking advantage of the free consultation offer from the attorneys at Van Wagner & Wood.
Criminal Defense Attorneys
Van Wagner & Wood is a criminal defense law firm located in Madison, Wisconsin. The firm's address and a link to a map are below. The attorneys at Van Wagner & Wood, Christopher Van Wagner and Tracey Wood, represent people under investigation for a crime or drunk driving offense or people arrested and charged with a crime or DUI throughout Wisconsin (a list of the courts where those attorneys most frequently appear is provided below and on the Wisconsin court page). Those attorneys also represent people previously convicted of a crime or drunk driving who want to challenge or directly appeal the conviction or sentence.
Free Initial First-Impression Analysis
The criminal defense attorneys at Van Wagner & Wood are very experienced in defending people who have been charged with a crime or drunk driving, and they are very straightforward with their clients, never sugar coating the true or building a client up only to let them down in the end. For that reason, they prefer to refer to a first initial consultation as a mere first impression analysis because no good criminal defense attorney can even begin to fully digest all of the complexities of a sex crime case in the short and often hurried first meeting. If you would like a straightforward brief and professional opinion about the reality of the state's case against you and how you might prevail, please call ( in the Madison area, or statewide) the attorneys at Van Wagner & Wood for a brief but professional free first-impression analysis of your case. You can also send your case information online, or email the attorneys.