So what do you do when your client is guilty? Craig Mastantuono spoke at a training seminar on criminal sentencing hearings last week at the State Public Defender’s Conference, sharing his thoughts on this very subject. His outline for that talk addresses this often misunderstood and difficult process.
Archive for the ‘Policy Issues’ Category
Criminal Sentencings, or, What do you do when your client is guilty?
Friday, November 11th, 2011Wisconsin’s New Concealed Weapon Law – Firearms Training
Thursday, October 27th, 2011As of November 1st, 2011, Wisconsin’s concealed carry law, section 941.23, is changing. Currently, anyone who is armed with a concealed dangerous weapon, except a police officer, is guilty of a Class A misdemeanor. As of November 1st, 2011, people who hold a license can carry concealed weapons. In addition, people may lawfully carry a concealed weapon in their own homes, their own business, or on their own land. To be eligible for a license, the applicant must be over 21 years old, not have criminal convictions nor conditions of bail that prohibit them from possessing a weapon, be a Wisconsin resident, and have proof of firearms training. Once a license is granted, the licensee must carry the license and photo identification at all times. The license is valid for 5 years from the date it was issued. This is all contained in Wisconsin Statute section 941.23.
Our office has extensive experience with clients who have gun-related legal problems. Most recently, Attorney Craig Mastantuono was asked by the NRA Institute for Legislative Action to speak as a guest at the NRA’s 2011 “Firearms Law & The Second Amendment Symposium” on October 15th, 2011 in San Diego, California. Attorney Mastantuono addressed the symposium attendees and was a panel member regarding police/citizen encounters and investigative stops in situations where a firearm may be present. His remarks also included reference to this office’s prior representation of a pizza delivery driver who successfully defended himself with a firearm against armed robbers, only to be subject to criminal prosecution for CCW and seizure of his weapon. Mastantuono Law Office successfully got the criminal charge dismissed and obtained a court order for return of his firearms.
At Mastantuono Law Office, we have received many inquiries from those who wish to avail themselves of the license privilege effective November 1st, and would like to also have a relationship with an attorney in case difficulties arise. We have also learned that some training courses are advising attendees to have an attorney’s contact information with them for the same reason. Our attorneys are available 24 hours a day in case of an emergency. Our office voice mail provides an emergency number for use after hours if the situation requires immediate attention.
Case Results: MLO secures dismissals of carrying concealed weapon criminal charges.
Tuesday, August 2nd, 2011Mastantuono Law Office secured dismissals in two separate carrying concealed weapon criminal cases by arguing to the prosecutors that the specific facts, and our client’s character and background, warranted such results. Both cases resolved before Wisconsin’s new CCW law was passed. Once that law goes into effect later this Fall, we expect that there will be many more arrests and cases arising from questions about what the law authorizes and prohibits. Given our vast experience in gun law cases, Mastantuono Law Office will be at the forefront of these cases, and will blog about them here. Stay tuned.
Case Results: UPDATE MLO successfully challenges the constitutionality of law that automatically bars individuals from possessing a firearm following a civil court proceeding.
Tuesday, July 19th, 2011In a decision today, a Milwaukee County Circuit Court Judge dismissed the State’s case against our client, in a case further described below. This is a victory for our client, and for our Constitutional right to possess a firearm, particularly in one’s home and for protection. The law authorizes the government to place reasonable restrictions on firearms. However, Attorney Rebecca Coffee successfully argued today that a one-size-fits all prohibition on gun possession, under any and all circumstances, for individuals following a civil court proceeding was unconstitutional as applied to our client.
In Wisconsin, individuals who are subject to a domestic abuse civil injunction automatically lose their constitutional right to possess a firearm, under any circumstances, for any reason. A domestic abuse injunction is granted if a Court finds “reasonable grounds to believe” that the respondent has engaged in, or may engage in, domestic abuse of the petitioner. If a court grants the injunction, the statute automatically requires a respondent to surrender any firearms. This automatic ban does not contain any exceptions, other than for law enforcement officials, including no exceptions allowing an individual to possess a firearm for protection or self-defense in his or her home. The statute also does not make available any argument by a respondent, or finding by a court official, that the particular individual should not be subject to the automatic prohibition. Mastantuono Law Office has argued that this automatic ban of a fundamental constitutional right following a civil proceeding, violates our client’s right under the U.S. and Wisconsin Constitutions to keep and bear arms for self-defense and protection, a right recently re-affirmed by the United States Supreme Court in District of Columbia v. Heller, 128 S. Ct. 2783 (2008).
The case is currently pending before the trial court in Milwaukee. This blog will be updated with the result of the case.
IN THE NEWS: Mastantuono Law Office comments on recent changes in criminal law.
Tuesday, March 29th, 2011
Fragmented sentence: Attorneys debate early release laws
By Jack Zemlicka, Wisconsin Law Journal
March 28, 2011A state budget provision that would alter and eliminate early release options for inmates could prompt criminal defense attorneys to take more cases to trial.
Gov. Scott Walker’s 2011-13 state budget proposal strengthens the truth-in-sentencing laws passed more than a decade ago in Wisconsin by modifying or removing early release for many inmates.
Specifically, Walker wants to eliminate time off for good behavior for most felonies and some nonviolent misdemeanors, and he wants to replace the earned-release program with a substance-abuse treatment option for inmates with a history of dependency.
Milwaukee criminal defense attorney Mike Guerin said a lack of such incentives as earning a sentence reduction for good behavior would increase the likelihood he would take a case trail rather than strike a plea deal.
Mike Guerin
“Why not take your chances and go to trial,” he said.
Milwaukee County Deputy District Attorney Kent Lovern said he doesn’t expect the law change would affect the way prosecutors negotiate, although he acknowledged defense attorneys might be less inclined to accept plea deals.
“I don’t think this will change how we approach cases,” he said.
The changes also could result in more people unnecessarily clogging up the prison system at a time when state resources are scarce.
“You don’t want someone creating a budget bill that would take away a common sense approach,” said Guerin, of Gimbel, Reilly, Guerin & Brown LLP.
The current structure lets inmates serving sentences for more severe felonies earn one day of positive adjustment time for every 5.7 days served. For lesser felonies and nonviolent misdemeanors, offenders can earn one day for every two served.
Craig Mastantuono
Criminal defense lawyer Craig Mastantuono agreed with Guerin’s opinion that reverting back to stricter truth-in-sentencing laws is a mistake, but Mastantuono said he doubts lawyers would be inclined to take more cases to trial.
He argued the risk still would be too great to opt for a trial instead of an available plea deal, regardless of earned or early release provisions.
“I don’t see it,” Mastantuono said.
Milwaukee County Circuit Court Judge Rick Sankovitz said he will wait for the finished budget before passing judgment on whether changes would be a burden or blessing for the courts. But the presiding judge in the Felony Division is skeptical of the motivation behind the changes.
Richard Sankovitz
“If its goal is to add more punishment,” he said, “then I think it just adds cost to the corrections budget without producing any greater effects.”
While the changes will result in some offenders remaining in prison longer, that doesn’t mean the population will spike or lead to a need for more prisons, said Linda Eggert, spokeswoman for the Wisconsin Department of Corrections.
Since implementation of the expanded earned-release last year, only 479 inmates have been released under the program, a fraction of the 9,000 or so prisoners who get out of prison each year, Eggert said.
As of Jan. 31, 14 of those released under the program went on to re-offend.
“If we revert back to truth-in-sentencing, will it increase the prison population?” she said. “I don’t think you can say that at all.”
While a member of the state Assembly, Walker co-wrote the truth-in-sentencing legislation, which took effect in 1999, and he has advocated ensuring offenders serve the sentences handed down by judges.
“Inmate populations can be controlled by using methods other than letting people out early who have already been sentenced,” said Cullen Werwie, Walker’s spokesman.
Among those methods is Walker’s proposed substance-abuse program, which would let the DOC and Department of Health Services treat inmates transferred from state prison.
The program would be a dramatic change to the earned-release system, which puts eligible offenders through a six-month rehabilitation program. After successful completion, an inmate is eligible for release to extended supervision within 30 days.
Walker is proposing limiting the earned-release program to only those inmates with a history of substance abuse.
Mastantuono praised the intervention philosophy, but criticized the overall proposal as largely a political move rather than one designed to help the criminal justice system.
“It’s easy to have the knee-jerk reaction that prison isn’t supposed to be fun, but you need a buy-in from the offender,” he said. “I see this rollback as just another page in the old debate of rehabilitation versus incapacitation, which is counterproductive.”
Jack Zemlicka can be reached at jack.zemlicka@wislawjournal.com.
IN THE NEWS: Mastantuono Law Office contacted for comment on racial profiling.
Saturday, March 5th, 2011Bill Puts Racial Profiling Data at Risk
March 4, 2011
By Jack Zemlicka, Wisconsin Law JournalThe ongoing collection of age, race and gender data by police during routine traffic stops to assess the existence of racial profiling could be an evidentiary resource for attorneys.
But a legislative push to repeal the mandate jeopardizes the chances the data will provide any value to the criminal justice system.
On Feb. 23, the state Senate passed Bill 15, which would undo the current law passed as part of the 2009-11 budget that took effect Jan. 1.
The State Bar of Wisconsin opposes the repeal and some defense attorneys argued ongoing collection of data during stops could provide ammunition to suppress evidence in cases where racial profiling is suspected and also to challenge the credibility of police.
Milwaukee criminal defense attorney Craig Mastantuono, of Mastantuono Law Office SC, said any substantial data could be particularly useful in “borderline” cases to raise the issue of whether an officer disproportionately pulls over people of a certain race.
“Then profiling becomes more germane of an inquiry and keeping data can help,” he said.
Reliable data to support a history of initiating stops of people of primarily one race invites a challenge of police practice, said criminal traffic lawyer Basil Loeb of Schmidlkofer, Toth & Loeb LLC, Wauwatosa.
“That can certainly go to their credibility and be used early on in a proceeding to determine whether the stop or arrest is valid,” he said.But others questioned the practical significance the data would have on cases.
Given that officers have constitutional protection for pretext stops for a minor violation such as a broken taillight, criminal defense attorney Michele Anne Tjader suggested the data would have minimal impact on the outcome of a case.
“I don’t think it would have been used in an evidentiary sense as far as providing defense counsel with a basis to challenge traffic stops and so forth,” she said.
Tjader, of Tjader Law SC, Madison, said the data would be more beneficial from a policy standpoint in that law enforcement could evaluate any racial inconsistencies in traffic stops.
Regardless of the results, the data collection would be most useful in analysis, rather than case strategy, said Milwaukee County District Attorney John Chisholm.
“Race is almost never a factor in an individual case review,” he said. “But the information is always there, so the benefit is really more of a macro review of the process and trying to determine discrepancies.”
Proponents of the repeal argued the data collection during traffic stops is duplicative and tedious, given that race, gender and age are already collected on citations.
Mastantuono called those arguments “baloney” and said the data collection requires little more than checking a box.
“Let the data speak for itself,” he said. “It sounds to me that people fear the answers.”
But more than two months of empirical data would be needed to paint an accurate picture of police practices.
The impetus for the collection of racial and gender-based data during stops is rooted in a 1999 task force appointed by Gov. Tommy Thompson, which recommended police record the data to “build accountability and protect the integrity of law enforcement agencies.”
In 2007, Gov. Jim Doyle advanced the initiative by forming the Commission on Reducing Racial Disparities in the Wisconsin Justice System. A report was issued the following year and recommendations that law enforcement conduct a county-by-county baseline study of racial disparity using existing traffic citation and arrest data to determine disparity levels in the state were adopted in the 2009-11 state budget.
IN THE NEWS: Mastantuono Law Office contacted to discuss changes in DNA law.
Monday, February 15th, 2010DNA Testing Rules May Change
February 15, 2010
By Wisconsin Law Journal StaffWhen a person is convicted of a felony in Wisconsin, a DNA sample is taken and stored in a state database.
But legislators are proposing a change that would require police to collect DNA from every adult who is arrested for a felony and every juvenile who is taken into custody for sexual assault offenses that would be felonies if committed by an adult.
Senate Bill 336 received a public hearing in December. Its companion, Assembly Bill 336, is still waiting to be scheduled by the Assembly Committee on Criminal Justice.
Some criminal defense attorneys argue that the proposed change would violate the Fourth Amendment and could result in innocent people’s DNA being on file with the Department of Justice.
Hurley, Burish & Stanton SC attorney Erik R. Guenther said that the current process of having a judge determine whether to grant an order for DNA is preferable.
“The legislature is looking at allowing highly intrusive searches without any judicial oversight,” he said.
Guenther is a board member of the State Bar of Wisconsin’s Individual Rights and Responsibilities Section, which is opposing the bills on the grounds that they violate the Fourth Amendment and are unconstitutional.
The basis of that opposition, said Guenther, is that DNA analysis provides much more information about a person than just fingerprints or a photograph.
Further, he argued, “for situations in which there was no finding of probable cause to continue with criminal prosecution, access to someone’s DNA sample would be of no benefit to anyone in the legal system.”
Under the provisions of the bill, a person who intentionally fails to submit a sample is subject to a fine of up to $10,000, up to nine months in prison or both.
Destroying DNA
Once an arrestee provides a sample, criminal attorneys worry that it may be difficult to have that sample destroyed later.
The bills provide that crime labs must expunge DNA analysis from the databank if a person is not charged with a crime within one year of arrest, criminal charges are dismissed, the person is found not guilty or a conviction is later reversed, set aside or vacated.
But it is up to the individual to request that DNA be removed, something which could be problematic for some clients, said Milwaukee criminal defense attorney Craig A. Mastantuono of Mastantuono Law Office SC.
“For private lawyers, whether or not the resources are there [for a client] to cover that will be answered on case by case basis,” he said. “I doubt it will become a routine part of practice.”
Such work wouldn’t be statutorily mandated for State Public Defenders and would likely be considered post-conviction work, noted Mastantuono.
“For all of those people, forget it,” he said.
And given the tedious process for having a person’s fingerprints removed from the state database, which includes a written request and response from the DOJ, Mastantuono expects an equally “onerous” process to destroy DNA samples.
Some say a beefed-up database could benefit the criminal justice system.
Attorney John A. Pray helps coordinate the Wisconsin Innocence Project, which seeks to exonerate wrongfully convicted individuals.
He said that collecting DNA from arrestees could reduce the likelihood that the wrong person is convicted of a crime.
“In theory, having more DNA on file is a helpful thing for the Innocence Project, so we support that,” Pray said. But “we would want them to go slow so any problems are ironed out.”
One concern he has is if “pretext arrests” are made just to get a specific person’s DNA sample.
Guenther and Mastantuono also expressed skepticism as to whether the DOJ could effectively store the samples, given the recent mismanagement of several hundred DNA samples of convicted felons in Milwaukee County.
“The state of Wisconsin failed to preserve the DNA samples it already has,” Guenther said. “So dramatically increasing the database to include thousands of innocent people isn’t something the state has demonstrated an ability to handle.”
IN THE NEWS: Mastantuono Law Office contacted to discuss domestic violence homicides.
Tuesday, January 19th, 2010Domestic Violence Homicides Up
January 18, 2010
Wisconsin Law Journal StaffA preliminary report from the Wisconsin Coalition Against Domestic Violence (WCADV) revealed a dramatic spike in domestic violence homicides last year.
According to the organization, there were 60 domestic violence-related deaths in 2009, compared to only 36 in 2008.
“Tensions are certainly high in some homes and I’d imagine the economy might be a part of that,” said Waukesha defense attorney Jennifer R. Dorow.
She hasn’t had a domestic violence-related homicide case this year, but has “gotten some repeat customers” recently for lesser charges.
Kohler & Hart LLP attorney Brian Kinstler recently successfully defended a Sheboygan woman accused of killing her husband, who had abused her for more than a decade, on New Year’s Day 2009.
He suggested that there may be more women offenders in domestic violence-related homicides than in the past.
“Based on my contact with domestic violence counseling centers, I’ve sensed that there has been an increase in the number of women who are essentially taking things into their own hands,” he said.
Tony Gibart, Policy Coordinator for WCADV, said preliminary numbers show an increase in the number of female perpetrators.
“It’s still in the single digits, but there is definitely an increase,” he said.
Harder to try
Criminal defense lawyers suggest that the higher numbers could make domestic violence cases harder to win, as district attorneys seek tougher punishments.
“When domestic violence is high on a district attorney’s radar, my clients will have to jump through more hoops to get considered for formal diversion programs,” said Dorow, a former prosecutor now at Huppertz & Dorow SC in Waukesha. “Pre-trial offers get tougher and there is less room for negotiation.”
That means someone who was referred to a treatment program for a misdemeanor offense two years ago may not get the same opportunity for counseling if their case comes across the prosecutor’s desk again.
Veteran criminal defense attorney Craig A. Mastantuono agreed.
“If it’s a case that goes to trial, we need to be twice as diligent,” said Mastantuono, of Mastantuono Law Office SC in Milwaukee.
If you’re handling a case for a client accused of homicide in the domestic violence context, Mastantuono said, the first step is to explore whether a self-defense argument is viable.
Things such as a documented history of abuse in a relationship or witness testimony on the dynamic of the relationship between the accused and the decedent can help bolster a self-defense claim.
Kinstler noted that a defendant’s testimony alone is not always enough to prove repeated abuse.
He said that in his case, he was able to track down records dating back to 1995. He also recommended researching police calls for evidence of prior instances of abuse.
“Interviewing friends and confidants, police contacts and contacts that clients may have gone to at domestic violence resource centers all can help in making a case,” Kinstler advised.
But absent a solid self-defense argument or unique circumstances, domestic violence homicide cases can be tough to win, Mastantuono said.
“They are tough to mitigate,” he said, “because a person accused of domestic violence is not sympathetic.”
Kinstler said when he was picking his jury for the trial in Sheboygan, the vast majority of the initial pool revealed either a personal or family history of domestic violence.
“I think that jurors are generally more aware of domestic violence issues than you might expect,” he said. “I was amazed.”
IN THE NEWS: Mastantuono Law Office’s annual Holiday Party for Boys & Girls Clubs of Greater Milwaukee at the Ethan Allen/Wales Juvenile Correctional Institution
Monday, November 30th, 2009The Holidays Bring Out Their Best
November 30, 2009
Wisconsin Law Journal StaffSpoiler alert: If you’re a child planning on attending the Milwaukee Society of the Polish Center’s Christmas party on Dec. 13, or if you are or will be a patient (of any age) at St. Francis Hospital in Milwaukee on Dec. 2, stop reading right now!
For those of you who are still reading, I regret to inform you that Santa Claus does not exist. The Santa who’ll be in the house on those days is really Milwaukee County Circuit Court Judge Dennis R. Cimpl.
Cimpl was recruited for the role of St. Nick five years ago for the Society party. Not long afterward, Judge Michael J. Skwierawski tapped him to play Santa at the hospital, where Skwierawski’s extended family carols and gives out ornaments every year.
That first year, Cimpl studied the not-so-simple rules for being Santa.
Central among them: Never promise a child a gift; but you may express optimism that it will be under the tree in exchange for good behavior if his or her parent, who’s likely snapping a photo, gives the nod.
He says for the first few years, he used to don the suit at home before driving to the events.
“The looks I got from people, driving my little red car on the freeway,” Cimpl recalls.
One year, he locked his keys in his car. He was fumbling around outside, looking not-so-jolly, and not wearing the hat, wig and beard, when he saw a group of children approaching. Realizing the gravity of the situation, he quickly adjusted his attitude and put his gear back on.
Now he dresses up onsite, so he’s not forced to be in character unexpectedly. He’s also more careful with the keys.
Parties focus on philanthropy
Milwaukee County Circuit Court Judge Jane V. Carroll has been doing a little extra holiday shopping for the past four years that she’s been assigned to Children’s Court.
She takes “elves” — her own children — with her on her shopping trips to help her pick out and wrap gifts for children in the foster care system in Milwaukee. They receive a child’s name and wishlist; this year, Carroll took on five.
The family distribute the presents at a party hosted by the Bureau of Milwaukee Child Welfare. Now in its fifth year, the event’s guests of honor are about 250 children. Also attending are countless foster parents, social workers, judges, lawyers, court staff, people from all walks of life, and of course, Santa Claus. There are games, activities and a full meal is served.
Carroll says, “It’s something that’s completely positive and fun for these families.
“During the rest of the year, we see their struggles and challenges, so it’s nice to let them know we care. It’s a very concrete, specific way to give back. My own kids and I enjoy that we get a name, an age and a wishlist; we get to learn a little about them, and help make them happy.”
This year’s party is on Dec. 11 at the Northside YMCA, Urban Campus Center at 1350 W. North Ave. To get involved, call Kelly Bell at (414) 220-7919.
Another holiday party is held … in jail?
Absolutely, says Milwaukee criminal defense attorney Craig A. Mastantuono. His firm, Mastantuono Law Office, annually sponsors an event for youth who attend the Boys & Girls Clubs of Greater Milwaukee at the Ethan Allen/Wales Juvenile Correctional Institution.
“These are kids who’ve been sent to juvenile corrections — or prison — and who have earned the privilege to attend the Boys & Girls Club within the institution,” Mastantuono explains.
“Moving through prison gates and walls to get to one spot of positive in an otherwise depressing environment is emotional. The Clubs’ motto — ‘the positive place for kids’ — is never more apparent than when one visits this particular club.
“It’s always the most moving holiday event that I attend during the season, by far. These kids, many there for very serious offenses, show themselves, in that setting, to be kids like any other, who appreciate someone with whom to celebrate the holidays,” says Mastantuono.
Mastantuono and his co-workers organize the event and recruit volunteers, who bring food and gifts. Among them this year will be Milwaukee County Assistant District Attorney Katharine F. Kucharski, Milwaukee Municipal Court Judge Derek C. Mosley, and a few others “who think that these kids deserve to know that someone cares about them.”
In attendance are the kids and their families, and Boys & Girls Club staff.
The date of this year’s party has not been determined. Any financial assistance is appreciated. Contact Cynthia McPhedran at cynthiam@boysgirlsclubs.org to donate.
Finally, the La Crosse County Bar Association will get together to honor staff at its Christmas party on Dec. 18 at Logistics Health.
But some attendees just can’t stop working. They’re members of the La Crosse chapter of the Paralegal Association of Wisconsin, and they’re busy collecting non-perishable food items and donations for the Hunger Task Force and West Avenue Food Emergency Resource, as well as food pantries for local schools.
Now in its eleventh year, the drive typically results in dozens of bags of groceries and several hundred dollars for the cause.
Marlane Myhre, a paralegal at Hale Skemp Hansen Skemp & Sleik in La Crosse, is one of the four organizers. It’s a fairly time consuming task, post-party, to transport the food. But they love the reactions they receive from the donees, especially the schools.
“A lot of kids no longer have free or reduced-rate lunches from their schools because of the break. They really count on getting some food from their schools to take home with them,” Myhre says.
IN THE NEWS: Going the Extra Mile – Mastantuono Law Office attorney talks about helping clients prepare for appearance at trial.
Monday, October 19th, 2009Sprucing Up Your Criminal Client for Court
October 19, 2009
Wisconsin Law Journal StaffImage matters. And it especially matters when your criminal client is facing trial.
Lawyers need to convey the importance of wearing clothes which won’t be distracting or disrespectful, said attorney Paul E. Bucher.
“Never assume that your client knows how to dress for court,” said Bucher. “You will prove yourself wrong more than you prove yourself correct.”
At the same time, you don’t want to make your clients feel uncomfortable.
“The most important for thing for my clients is that they dress in way that makes them comfortable and not self-conscious,” said Madison attorney Christopher T. Van Wagner.
Appropriate attire can also depend on the image the attorney wants to convey to jurors, he said.
Someone who comes to court nattily attired, but is normally a jeans and T-shirt person could be seen as “putting on a show” for the jury, said Van Wagner, of Van Wagner & Wood SC.
Van Wagner represented a truck driver accused of assault and rather than have his client wear a suit, he told him to come to court casually dressed, complete with a hat the man wore regularly.
“We wanted the jury to understand that he was a simple-blue collar guy,” he said. “If he was uncomfortable, it would have been hard for the jury to pay attention.”
In some cases, attorneys have to dip into their own pockets to craft a wardrobe that fits the client’s personality.
Rebecca M. Coffee of Mastantuono Law Office SC in Milwaukee has gone shopping for a client the night before trial on more than one occasion.
“I’d say three or four times I’ve gone out and bought pair of pants or a nice shirt for clients simply because they don’t have anything or any family members in town to provide an outfit for them,” she said.
Attorney Raymond M. Dall’Osto said that when he did work for the State Public Defender’s Office in the 80s, he helped establish a “clients’ clothes closet” to provide defendants with some court-worthy wardrobe options that they would feel comfortable in.
Not too comfy
There’s a risk that allowing a client to be too comfortable can damage his or her credibility.
Dall’Osto recalled a robbery case in which he was summoned as a potential juror. During voir dire the defendant came to court wearing a black T-shirt which featured a skull and hatchet.
“As soon as I saw that shirt, as a juror my first thought was ‘I don’t like him and in the recesses of my mind, that person is guilty,’” said Dall’Osto, of Gimbel, Reilly, Guerin & Brown, (http://www.grgblaw.com/) in Milwaukee.
He typically recommends that clients dress for court as if they were dressing for church.
Bucher currently practices at Gatzke Ruppelt & Bucher SC in Waukesha but previously served as a district attorney. He said on at least on occasion, a defendant’s attire probably helped his case as a prosecutor.
“There was a drunken driving case that I felt like I got a conviction just by the person walking into court with an alcohol-related shirt on,” he said.
While criminal defense attorneys agree that sloppy or too-casual clients can be a problem, “overdressing” a client is also risky.
A defendant who appears with gaudy jewelry can be just as distracting to jurors as someone with a visible facial piercing, suggested Dall’Osto.
“In a fraud case someone with a $50,000 watch might be seen as too ‘Madoffian,’” Dall’Osto said. “Have a client be in something that is understated and neutral.”
Van Wagner often follows this standard rule of thumb.
“Never let clients dress better than their attorney,” he said.
Outside appearances count
Hurley, Burish & Stanton attorney Erik R. Guenther notes that the need for a professional appearance can extend outside of court.
If there is a trial with significant public interest, Guenther recommends controlling the client’s image in the media, even before opening arguments are made.
“I generally will try to provide a studio photo of a client [to the media] rather than a mug shot,” he said.
Assuming a client is not in custody, Guenther typically makes arrangement to have the person get a professional head shot done at a local studio. He then circulates the pictures to various media outlets that may have an interest in the case. He said that most choose to run the head-shot.
“It’s really not just white-collar crimes, but anything that generates media interest,” Guenther said. “It’s a way to remind people that there is a presumption of innocence and my client has a right to a fair trial.”