Firm Overview

PLEASE NOTE THAT ROBERT AND ELLEN HENAK ARE IN THE PROCESS OF RETIRING. WE ACCORDINGLY ARE NOT TAKING IN ANY NEW CASES. We are sorry for any inconvenience this may cause.

When your liberty is on the line, experience, creativity, and integrity matter. That is why Henak Law Office, S.C. is the top Wisconsin law firm focused solely on defending the rights of those convicted of crimes.

We represent inmates and those on supervision throughout the state of Wisconsin and in the Federal Courts on direct criminal appeal, post-conviction motions, sentence modification or adjustment motions, habeas petitions, imposition of prison discipline, and the denial of parole. In short, if there is a procedure available to challenge someone's Wisconsin or Federal conviction or sentence, we likely are familiar with it and know how to use it.

In addition, we represent those committed, at least in part, as a result of a criminal charge. We represent people who have been found not guilty by reason of mental disease or defect and those committed as sexually violent persons under Chapter 980, regardless whether they are in a mental health facility or on supervision.

We also consult with criminal trial attorneys on legal and procedural issues, both to increase the chances of success without the need for an appeal and to preserve the record should an appeal ultimately be necessary.

The vast majority of our clients are referred to us by other lawyers, by our current clients, or by "jailhouse lawyers," inmates with a particular interest in the law. These are individuals who know of our commitment to our clients and the quality of our work.

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In The News

Wisconsin Supreme Court Refuses to Correct Erroneous Interpretation of State Conspiracy Statute

In State v. Sample, 215 Wis.2d 487, 573 N.W.2d 187 (1998), the Wisconsin Supreme Court held that the "plain language" of Wis. Stat. §939.31 criminalizes unilateral (i.e., feigned agreement) "conspiracies" as well as traditional bilateral conspiracies. HLO research has disclosed that the language the Court relied upon as intended to adopt the unilateral theory was drafted several YEARS before the unilateral conspiracy theory was even suggested in the U.S., thus corroborating the othe legislative history demonstrating that the Legislature did NOT intend to enact the unilateral conspiracy theory. Henak Law Office identified the obvious mistake in Sample and asked the Court in one of our cases to address the conflict between the Court's decision in Sample and the historic facts, but the Wisconsin Supreme Court denied review on January 12, 2015.

Criminal defense attorneys should be raising this issue in appropriate cases. Hopefully, the Court eventually will be willing to admit to its mistake before too many more defendants are convicted of something that the Wisconsin Legislature never enacted as a crime. (1/12/15)
HLO Petition for Review is State v. Stellmacher

R. Henak Powerpoint re Arguments You Should Preserve in State Court for Later Presentation in Federal Court
(11/7/14)

HLO U.S. Cert. Petition in Starks v. Wisconsin
(10/21/14)

HLO Outlines Responses to Denial of PC Motion as Facially Insufficient
(12/7/11)

HLO Outlines Procedures for Cherry Challenge to DNA Surcharge
(10/27/10)

Justice Gableman Recusal Documents