Milwaukee Criminal Defense Motions

This is your source for Wisconsin criminal defense motions and briefs-- all for free download.

A division of:


Law Offices of

Jeffrey W. Jensen

111 E. Wisconsin Avenue

Suite 1925

Milwaukee, WI 53202-4825



Law Offices of Jeffrey W. Jensen
735 W. Wisconsin Avenue, Suite 1200
Milwaukee, WI 53233


For thirty years, the Law Offices of Jeffrey W. Jensen has been providing representation to persons charged with criminal offenses.  Attorney Jensen has handled some of the most high-profile criminal cases in southeastern Wisconsin.  When you find yourself charged with a criminal offense, there is no substitute for experience.

Wisconsin Criminal Defense Motions


This library of motions and briefs is searchable.  The best way to find the brief you are looking for is to use to search box directly above.


This is a library of common criminal defense motions.  Again, these motions are presented for educational purposes.   Do not simply download the motions and change the names.  If you are facing criminal charges, you must seek the help of an experienced criminal defense lawyer.  If you do not find what you are looking for here, visit the Custom Order Page.

 Postconviction Motion for Resentencing:  This motion seeks resentencing on the grounds that the original sentence imposed was contrary to law.  The judge, without conducting a hearing, administratively corrected the sentence; but the defendant argues that the corrected sentence fails to give him the credit that the original sentencing judge intended.

IMPORTANT UPDATE:  The motion was granted and the defendant was granted resentencing.


Motion to Dismiss Complaint:  This motion seeks dismissal of the criminal complaint because the complaint fails to allege sufficient facts to constitute probable cause.


Motion to Dismiss Complaint For Failure to Allege Time with Specificity:  A criminal complaint must allege the time of the offense with sufficient specificity to permit the defendant to prepare a defense.  This motion seeks to dismiss the criminal complaint because it fails to allege the time of the offense with sufficient specificity.


Motion to Dismiss Complaint Due to Multiplicity: The defendant was charged with several counts of child neglect.  The prosecutor charged a separate neglect count for each thing that should have been done for the child, but which was left undone.  The defendant argues that this is multiplicitous charging because child neglect is a single, continuing offense.


Motion to Dismiss Complaint Because the Charge Violates Substantive Due Process:  The criminal complaint alleges that the defendant committed child neglect by not disclosing child abuse to the health care providers.  This motion seeks to dismiss the complaint because it violates substantive due process by criminalizing the defendant's Fifth Amendment privilege to avoid self-incrimination.


Motions to Dismiss Information: This motion seeks dismissal of the criminal information for the reason that the evidence presented at the preliminary hearing was insufficient to establish probable cause.


Motion to Suppress Evidence: This is a pretrial motion that is filed in Wisconsin criminal cases seeking suppression of evidence for the reason that the evidence was seized by police in violation of the Fourth Amendment (unreasonable warrantless search and seizure).

Motion to Suppress Evidence on the Grounds of an Illegal Strip-Search.   Recently, the Milwaukee police have been conducting numerous strip-searches, and almost all of them are illegal because the statutory requirements are not satisfied.  This is a motion to suppress evidence on the grounds that the statutory requirements for a strip-search were not present.


Motion Suppress Evidence Seized from Interior of Vehicle: Since the United States Supreme Court's recent decision in Arizona v. Gant, the ability of the police to search the interior of a vehicle is severely limited.  This motion seeks to suppress evidence on seized from the interior of a vehicle.

Motion to suppress a statement "Stalking Horse": The defendant's car was stopped by police, and it was discovered that a passenger had heroin on her person.  The police lacked probable cause to arrest the defendant, so they prevailed upon the defendant's probation officer to issue a probation hold.  The officers then interrogated the defendant.  The defendant seeks to suppress his statement because the police used the probation officer as a "stalking horse".

Motion brief in opposition to the state's motion for forfeiture by wrongdoing.  The state filed a motion seeking to have a homicide victim's audio-recorded statement to police concerning an earlier shooting incident played during the defendant's homicide trial.   This brief opposes the state's claim of forfeiture by wrongdoing because the state's offer of proof fails to establish that, if the defendant killed the victim, that the defendant's motive was to make the victim unavailable as a witness in the present case.


Motion to suppress evidence because arresting officer used a defective Notice of Intent to Revoke form in an OWI case.  Beginning in early 2011, the Milwaukee County Sheriff's Department, and other suburban police departments, started using a computer-generated Notice of Intent to Revoke form.  The computer-generated form does not have statutorily-mandated warnings on it.  Therefore, this motion seeks to suppress the test result; or, in the alternative, it seeks to deny the test result its statutory automatic admissibility.


Motion to Suppress (defective warrant): This motion seeks suppression of evidence for the reason that the warrant application failed to establish probable cause.


Motion to Suppress Blood Test Results:  This motion seeks suppression of the blood test results in an OWI case because the officers lacked probable cause to arrest the defendant for operating under the influence of alcohol.



Motion to Exclude Witnesses:  If the defendant in a Wisconsin criminal case files a discovery demand, and if the State fails to serve a witness list within a reasonable time before trial, the law provides that the court may  exclude all State's witnesses.  This motion seeks imposition of that sanction.


Motion to Identify Confidential Informant:  In Wisconsin criminal cases, the State has the privilege to refuse to indentify confidential informants; except if the informants are transactional witnesses.  This motion seeks to compel the State to identify confidential informants.


Motion to admit evidence of other violent acts by the victim:  In a criminal case, if the defendant raises the privilege of self-defense, the law permits the defendant to introduce evidence of other violent acts by the victim.  This motions seeks admission of such acts.


Motion for Change of Venue: This motions seeks a change of venue due to extensive pretrial publicity.   This motion was filed in the the matter of State v. Theodore Oswald, and it was granted by the court.


Motion for change of venue due to pretrial publiciity.  This is another version of a motion for change of venue.  In additional to seeking a change of venue, the motion seeks to conduct individual voir dire, and to sequester the jury druing the trial.


Motion for Involuntary Intoxication Jury Instruction:  The defendant in this case took an Ambien pill and went to bed.  Later, he got out of bed, drove his car, and he was charged with operating under the influence of a controlled substance.  An expert witness offered the opinion that, due to the effects of Ambien, the defendant was "sleep walking" at the time he was driving his car.  Therefore, the defendant has requested an involuntary intoxication jury instruction.





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