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Marcus J. Berghahn

p 608.257.0945
f 608.257.5764

mberghahn@hbslawfirm.com

Marcus J. Berghahn defends individuals and businesses accused of criminal misconduct. He appears regularly in state and federal courts where he handles all types of criminal cases at all stages of criminal proceedings—from investigation to pre-charging negotiation, to practice before a Grand Jury or a John Doe magistrate, to motion hearings, to jury trial and through appeal. Because of the depth of his experience, Marcus also counsels witnesses and victims when they are involved in criminal proceedings.

Marcus regularly handles cases involving allegations of bribery, fraud, tax offenses, computer crimes, sex crimes, wildlife and hunting violations and university-related misconduct. He has obtained positive results for many of his clients.

Marcus’ skills have been recognized by his inclusion in Best Lawyers in America® (Criminal Defense: White-Collar), his designation as a Super Lawyer® (Criminal Defense), as well as his AV rating from Martindale Hubbell® (signifying the highest level of legal ability and very high adherence to standards of professional conduct). The skills of Marcus and his colleagues are noted in Hurley, Burish & Stanton’s recognition as a Tier 1 Best Law Firm, according to U.S. News & World Reports in the areas of non-white-collar criminal defense, white-collar governmental investigations, white-collar litigation and DUI/DWI defense.

Marcus lectures regularly on topics of criminal law at continuing legal education seminars and is also an adjunct professor at the University of Wisconsin Law School, where he teaches a seminar on constitutional and criminal law.

Marcus takes pride in helping clients through a very difficult time in their lives and delivers on what he believes are three core client needs:

— Helping a client understand exactly what will happen at each stage of their case and what that means for them.
— Having compassion for the stress and anxiety attendant to criminal cases.
— Listening to a client's concerns and priorities in order to deliver the best advice possible, leading to the best result possible.

Emphasis

Criminal defense in state and federal courts at both the trial and appellate level.

Bar Admissions

Wisconsin
United States Court of Federal Claims
United States District Court for the Western District of Wisconsin
United States District Court for the Eastern District of Wisconsin
United States District Court for the Western District of Michigan
United States District Court for the Northern District of Illinois
United States Court of Appeals for the Seventh Circuit


Education

University of Wisconsin Law School
University of Wisconsin Madison

Honors & Awards

Best Lawyers®, Criminal Defense: White Collar

"Super Lawyer" - Super Lawyers and Rising Stars®/Milwaukee Magazine

“Rising Star” - Super Lawyers and Rising Stars®/Milwaukee Magazine

Dane County Bar Association Pro Bono Superstar Nominee

AV Rated – Martindale Hubbell®

10.0 Superb Avvo Rating (Top Attorney Criminal Defense)

Wisconsin Association of Trial Lawyers Nathan Heffernan Award for Excellence in Trial Advocacy (Co-recipient)

Professional Associations & Memberships

State Bar of Wisconsin
National Association of Criminal Defense Lawyers (NACDL)
Wisconsin Association of Criminal Defense Lawyers (WACDL)
Dane County Criminal Defense Bar Association
Dane County Bar Association
Western District of Wisconsin Bar Association



Published Works

Frequently Asked Questions Upon Conviction in Federal Court

An Introduction to Federal Grand Jury Practice

Pretrial Release: The Foundation for Winning at Trial or Sentencing

The Attorney-Client Privilege: The Self Defense Exception To The Attorney-Client Privilege, Wisconsin Defender, January 1998

Admissibility of "Soft Science" Expert Testimony in Wisconsin and Techniques to Challenge its Use, Wisconsin Defender, December 1998

Straw, Sticks or Bricks: How Strong is the Attorney-Client Privilege? A Cautionary Tale for Defense Counsel, Wisconsin Defender, June 1998

"Sharp Practice:" The Use of Section 908.01(4)(b) Admission by Party-Opponent to Hoist A Prosecutor By His Own Words, or the Lessons of State v. Cardenas-Hernandez, Wisconsin Defender, December 1999

Potential Consequences Collateral to a Criminal Conviction

Adam Walsh Act & Sex Offender Registry for Youths and Adults

Adam Walsh Act: The Federal Sex Offender Registry and So Much More

Preventing and Defending School Discipline Proceedings

The Nuts and Bolts of the Adam Walsh Act: What SORNA Really Means, Wisconsin Association of Criminal Defense Lawyers: Crime, Collateral Consequences and Cyberspace, 12/12/2009

BEST IN SHOW: ADMISSIBILITY OF POLICE DOG EVIDENCE., 8/20/11

BEST IN SHOW: ADMISSIBILITY OF POLICE DOG EVIDENCE., 8/20/11

Best in Show: Admissibility of Police Dog Evidence., Hurley, Burish & Stanton, 2011

Best in Show: Admissibility of Police Dog Evidence., Hurley, Burish & Stanton, 2011

Legal proceedings: What is a John Doe investigation anyway?, State Bar of Wisconsin InsideTrack, 02/15/2012

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