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Berghahn, Marcus J.

Hurley, Burish & Stanton, S.C.
33 East Main Street
Suite 400
Madison, WI 53703-3095
Phone: (608) 257-0945
Fax: (608) 257-5764
Contact Us
Websites associated with this firm:http://www.hbslawfirm.comSummary
Languages
- German
Lawyer Overview
Marcus concentrates his practice on defense of individuals and corporations accused of misconduct. He appears regularly in state and federal courts, handling all types of criminal cases – most often involving white-collar types of offenses – from investigation, through trial and appeal.
Marcus' skills have been recognized in his AV rating from Martindale Hubbell® (signifying the highest level of legal ability and very high adherence to standards of professional conduct) as well as his selection as a Wisconsin “Rising Star” by Milwaukee Magazine's Superlawyer edition.
Marcus takes pride in helping clients through a very difficult time in their lives and delivers on what he believes to be three core client needs:
- helping clients understand exactly what will happen at each stage of their case;
- having compassion for the stress and anxiety attendant to criminal proceedings;
- leaving no stone un-turned: fighting hard for the client’s benefit and obtaining the best possible result.
About the firm’s criminal defense group, Marcus notes that “in our criminal defense group, we have an unparalleled breadth of experience – we are able to bring a number of attorneys and professionals into any given case with expertise and insight to obtain the best possible result. Because of this, we can staff and litigate cases on a level that matches the government’s resources – and win.”
"We listen to our client’s concerns and their case; effective listening is critical for the client to obtain the best advice on how to proceed and to achieve the best possible result."
Marcus is a member of the State Bar of Wisconsin, National Association of Criminal Defense Lawyers, Wisconsin Association of Criminal Defense Lawyers, Dane County Criminal Defense Bar Association, Dane County Bar Association, U.S. District Court for the Western District of Wisconsin Bar Association, and the U.S. Court of Appeals for the Seventh Circuit Bar Association.
A first generation American, Marcus speaks fluent German; his parents having moved to Madison from Germany before he was born. With his first Birkebeiner ski marathon behind him, Marcus continues to enjoy the non-legal challenges of ski marathons, sea kayaking and spending time with his wife and kids.
Areas of Practice
- Criminal Defense
Representative Cases
- United States of America v. Joseph Schulte, 144 F.3d 1107 (7th Cir. 1998)
- In the Interest of A.S., 243 Wis. 2d 173, 626 N.W. 2d 712, 2001 WI 48 (2001)
- State of Wisconsin v. Debra Head, 2002 WI 99 (2002)
- United States of America v. Duane Pede & Jeffrey D'Ambrosia, 313 F.3d 987 (7th Cir. 2002)
- State of Wisconsin v. John Powers, 2004 WI App 156 (Ct. App. 2004)
- State of Wisconsin ex rel. An Individual Subpoenaed To Appear At Waukesha County John Doe Case No. 2003 JD 001 v. The Honorable J. Mac Davis and State of Wisconsin, 2005 WI 70 (2005)
- United States of America v. Georgia Thompson, 484 F.3d 877 (7th Cir. 2007)
West Practice Categories
Criminal Law
Qualifications
Bar Admissions
- Wisconsin
- U.S. District Court Western District of Wisconsin
- U.S. District Court Eastern District of Wisconsin
- U.S. District Court Western District of Michigan
- U.S. District Court Northern District of Illinois
- U.S. Court of Appeals 7th Circuit
- U.S. Court of Federal Claims
Professional Associations and Memberships
- National Association of Criminal Defense Lawyers (NACDL)
- Wisconsin Association of Criminal Defense Lawyers (WACDL)
- Western District of Wisconsin Bar Association
- Wisconsin Bar Association
- State Bar of Wisconsin
- Dane County Criminal Defense Bar Association
- Dane County Bar Association
- Seventh Circuit Court of Appeals Bar Association
Honors and Awards
- 2007 Dane County Bar Association Pro Bono Superstar, 2007
- AV Rated – Martindale Hubbell®
- "Rising Star" - Super Lawyers and Rising Stars®/Milwaukee Magazine, 2006 - 2008
- Wisconsin Association of Trial Lawyers Nathan Heffernan Award, Excellence in Trial Advocacy, Co-recipient
Classes and Seminars
- Do You Cyber[Law]?: Facebook and the First Amendment, ACLU of Wisconsin Membership and Activist Conference, September 27, 2008
- Adam Walsh Act: Sex Offender Registry For Youths & Adults, Wisconsin State Public Defender 2007 Conference, October 11, 2007
- Adam Walsh Act: Implementation, Implications and Challenges, Federal Defender Services of Wisconsin, Inc., April 5, 2007
- Don't Get Arrested Over Spring Break!, UW-Madison Students for a Sensible Drug Policy and ACLU-UW, March 22, 2007
- Preventing and Defending School Disciplinary Proceedings, Advocacy Institute for Racial Equality, March 10, 2007
- Thoughts on Best Sentencing Practices, Wisconsin Association of Criminal Defense Lawyers, June 15, 2006
- Defending a Child Pornography Case, Professional Education Systems Inc., February 15, 2005
- CJA Panel Training Seminar, Pretrial Motions, Federal Defender Service of Wisconsin, Inc., January 25, 2005
- Sections on Pretrial Release, Pretrial Motions and Relevant Conduct, U.S. District Court for the Western District of Wisconsin CJA Federal Defender Introductory Panel Training Seminar, May 7, 2004
- UW-Madison Students for Sensible Drug Policy: A Student’s Guide to Criminal Law, April 14, 2004
- Sections on Pretrial Release, Pretrial Motions and Relevant Conduct, U.S. District Court for the Western District of Wisconsin CJA Federal Defender Introductory Panel Training Seminar, May 7, 2004
- UW-Madison Students for Sensible Drug Policy: Know Your Rights: A Student Guide to Police Contacts, April 16, 2003
- College of Letters and Science: Individual Rights and Responsibilities: Your Rights, UW-Madison, Alcohol Behavior, Culture & Science 111, March 3, 2003
- Lawyering Skills Course Faculty Member Criminal Proceedings Week, University of Wisconsin Law School, January 27, 2003 - January 30, 2003
- UW-Madison Students for Sensible Drug Policy: Drug Offenses and the Federal Sentencing Guidelines, November 12, 2002
- UW-Madison Students for Sensible Drug Policy: Know Your Rights, April 24, 2002
- Federal Grand Jury Practice, U.S. District Court for the Western District of Wisconsin CJA Federal Defender Training Seminar, January 28, 2002
- Getting your Client released on Bail, U.S. District Court for the Western District of Wisconsin CJA Federal Defender Training Seminar, January 28, 2002
- Negotiating a Plea with the U.S. Attorney, U.S. District Court for the Western District of Wisconsin CJA Federal Defender Training Seminar, January 28, 2002
- Preparing for Sentencing – Effective Sentencing Practice, U.S. District Court for the Western District of Wisconsin CJA Federal Defender Training Seminar, January 28, 2002
- General Practice Skills Course Faculty Member: Skills Intensive Training, University of Wisconsin Law School, March 30, 2001 - March 31, 2001
- Effective Sentencing Practice, Dane County Criminal Defense Bar Association, March 13, 2001
- Lessons from Federal Court, Dane County Criminal Defense Bar Association, March 13, 2001
- A Student’s Guide to Police Contacts, University of Wisconsin-Madison ACLU Chapter and UW-Madison Students for Sensible Drug Policy, February 21, 2001
- Pretrial Release – the Defense Perspective: Tools for Winning (at Trial and Sentencing), U.S. District Court for the Western District of Wisconsin CJA Federal Defender Training Seminar, November 2, 2000
Education
- University of Wisconsin Law School, Madison, Wisconsin,
1996
J.D. - University of Wisconsin, Madison, Wisconsin,
1990
B.A.
Major: German Literature
Fees
Offers Free Initial Consultation
Accepts Credit Cards
Articles
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, December, 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 & Sex Offender Registry for Youths and Adults
- Preventing and Defending School Discipline Proceedings
Office Information
Address
33 East Main Street
Suite 400
Madison, WI 53703-3095
Phones
(608) 257-0945
Faxes
(608) 257-5764