Jail time is mandatory for a drunk driving offense. The greater the number of OWI offenses, the longer the jail time. So, it was imperative that Attorney Tracey Wood successfully challenge her client's prior OWI convictions when he was charged with a 3rd offense, and she did. His prior convictions were not counted; he was charged with a first offense drunk driving.
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Witnesses at criminal trials
A witness at a criminal trial answers questions at a criminal trial. Those questions are called testimony, and they become evidence used at the trial to determine whether the alleged defendant is guilty of the criminal charge or charges. A witness is usually subpoenaed to court by a summons asking for his or her appearance. (A witness can also be subpoenaed to testify before the grand jury.)
Children as witnesses
If a witness is a child, the court may decide, or either party may ask the court to allow the child's testimony to be given in a separate room and televised into the courtroom, if the defendant's presence will cause the child undue emotional distress, or to minimize the trauma to the child, given the child's age, maturity, physical or mental health, and if the testimony regards antisocial conduct against the child, among other considerations.
When Witnesses Refuse To Testify
If a witness refuses to give testimony to the grand jury, in a preliminary hearing, or in a trial court because the testimony may incriminate the witness, or subject them to a penalty or forfeiture, the district attorney may contest the witness' silence by making a motion to the court asking that the witness be compelled to give testimony. The court may then order the witness to testify. This is called a grant of immunity. If the witness then testifies, they will not be penalized or prosecuted because of that testimony, so long as they testify truthfully. This does not protect them from perjury charges.
If a witness refuses to testify, but does not assert that the testimony they may give may incriminate them or subject them to penalty or forfeiture, the court may find that witness in contempt and order the witness jailed until he or she is willing to respond to the questions asked and give their testimony, or until the trial has ended, whichever occurs first, but not for any longer than one year. If the witness is confined, they are not entitled to post bond or bail, but they may appeal.
Contact Van Wagner & Wood
If you are under investigation for a crime or drunk driving offense, if you have already been charged with a crime or drunk driving violation, or if you have already been convicted but believe your conviction or your sentence were wrong, call ( locally in Madison, Wisconsin, through Wisconsin) or e-mail ( ) the attorneys at Van Wagner & Wood right away. They will give you a brief but professional first-impression analysis of your case and your situation, which will allow you to take an important first step in defending the case against you. You can also submit information about a criminal offense investigation or charge or a drunk driving OWI investigation or charge for a free case review.