Civil asset forfeiture Case ran paralell to criminal case... Criminal Appeal in progress

[Frozen Tundra]

Jurisdiction

Wisconsin

Civil case was mutually agreed upon for stipulation and order.

criminal case has now been sentenced, and is in early appeal phases.

Considering there was a stipulation, how would it work if somehow the criminal appeal was successful?

Am I supposed to appeal civil case in the meantime as well? Civil case was supposed to follow criminal case, but Judge refused to hold sentencing hearing until civil case was over. I was able to get most of my stuff back through the stipulation, so I agreed for now. Judge accused me of delaying the sentencing hearing by being stubborn in civil case.

 

[army judge]

Civil case was mutually agreed upon for stipulation and order.

criminal case has now been sentenced, and is in early appeal phases.

Considering there was a stipulation, how would it work if somehow the criminal appeal was successful?

Am I supposed to appeal civil case in the meantime as well? Civil case was supposed to follow criminal case, but Judge refused to hold sentencing hearing until civil case was over. I was able to get most of my stuff back through the stipulation, so I agreed for now. Judge accused me of delaying the sentencing hearing by being stubborn in civil case.

Normally what happens in a criminal case has no bearing on a civil case arising out of the same set of facts, or related incidents.

If you plead guilty (took a deal), there is no appeal available to you.

You are barred from appealing the plea deal.

Read your paperwork, its all explained in there, as well as the admonishment by the judge in open court under oath.

You and your attorney, as well as the prosecutor signed it, as did the judge.

 

[Frozen Tundra]

if my appeal is victorious and fruits of the search become poisonous.....

the civil case still remains stipulated and I lose all that stuff and money?

 

[army judge]

if my appeal is victorious and fruits of the search become poisonous.....

the civil case still remains stipulated and I lose all that stuff and money?

You can't appeal a plea bargain.

Remember all that stuff the judge read to you as he/she went over the deal in open court, and under oath?

Your rights were read to you, you were asked if anyone had coerced you or promised you anything to take the deal, if you had discussed it with yoru lawyer, you were able to ask questions, and you understand the deal, etc...

One of those admonishments spoke to the fact that if the judge approved the deal, you could not appeal the deal.

You were told you are pleading guilty of your own volition.

It went on for almost an hour, sometimes longer.

You have copies of all those documents, and if you review them, you'll see that you can't take leave to appeal.

Whatever happens with the defense you're taking insofar as the civil forfeiture is another matter.

However, when you plead guilty, you lost your potential defenses.

I don't see how you can argue in the civil forfeiture matter that the search was illegal, when you plead guilty in criminal court.

The deal you took, almost assures that the state will keep whatever it is they seized from you.