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Recent Blog Posts
A Defense Lawyer Can Help You Fight a Traffic Citation
In Wisconsin, driving is a privilege, not a right. This means that the state can take away your ability to drive for a number of reasons, including being convicted of traffic violations. With some offenses, you may lose your driving privileges on the first infraction, and with others, you can receive several tickets before you lose your license. Losing your ability to drive often means that your ability to work and attend to personal responsibilities may be compromised. If you determine that your driver’s license may be at risk of suspension, you should contact a skilled attorney so that your rights can be protected.
Appointed Lawyers and the True Cost of Traffic Violations
When the crime you are accused of is punishable by imprisonment, the state will provide you with a public defender. However, many traffic violations are not punishable by imprisonment, so if you want legal counsel, you must retain a lawyer yourself. Also, many people prefer hiring a private defense attorney, as public defenders are often overworked, underpaid, and unable to dedicate the necessary attention to each case they are assigned.
Wisconsin Man Gets 25 Years for Sex Crimes Involving Children
Few offenses are treated as seriously by police, prosecutors, and judges as sex crimes against children. Even violent crimes, in general, do not result in the same emotional determination to find, prosecute, and punish those who hurt and victimize children. This a lesson that a Wisconsin man is about to learn the hard way—so to speak—as he was recently sentenced to serve 25 years in prison for child sex trafficking.
A Series of Disturbing Events
A 36-year-old man from Rhinelander was sentenced to 25 years in federal prison last week. The man had already pleaded guilty to “sex trafficking of a child under the age of 14 years old.” According to news reports, court documents, and a press release from the U.S. Attorney’s Office for the Eastern District of Wisconsin, the plea deal resulted in similar state-level charges in Marathon and Lincoln Counties being dropped.
Teens Arrested for Stealing a Car Following Police Chase
If we are being honest, we have all made decisions and done things that we are not proud of, and some might have even led to rather unfortunate results. Relatively few of us, however, have ever done something that might lead to a police chase. Frighteningly enough, this is exactly what happened last week in Milwaukee, when four teenagers allegedly stole a car and led police on a chase that ended in a late-night crash.
A Scary Situation
According to police and new reports, four teenage boys were taken into custody in the early hours of the Sunday of Labor Day weekend. The boys were arrested for allegedly stealing a car and attempting to evade Milwaukee police. The chase ended near 27th and Nash when the car that the boys were in collided with another vehicle.
Representatives from the Milwaukee police say that the driver of the allegedly stolen vehicle was a 15-year-old boy. The other occupants of the car were all males, including another 15-year-old and two 14-year-olds. The police say that vehicle was taken in a robbery and that a firearm was found in the vehicle after the accident. All four were taken into police custody pending a decision on criminal charges from the Milwaukee County District Attorney’s office.
What You Need to Know About Your Miranda Rights
Thanks to television, movies, and pop culture in general, you probably know that if you are ever arrested on suspicion of having committed a crime, you have the right to remain silent. But do you know why you have this right or why arrestees are reminded that they have it? If you are not 100% sure, you are almost certainly not alone. Many misconceptions and misunderstandings exist about the series of statements that are commonly referred to as a criminal defendant’s “Miranda rights.”
What Are the Miranda Rights?
We have all seen it on TV: A suspect is arrested and read their Miranda rights. However, it is more accurate to call them Miranda “warnings” or “reminders.” The specific wording may vary slightly, but reading a suspect their rights involves four distinct statements and one question.
The four statements are a reminder that:
Factors That Can Increase the Severity of a Criminal Sentence in Wisconsin
If you have ever been arrested and charged with a crime, you probably know that there is a great deal of uncertainty that goes along with facing the Wisconsin criminal justice system. Each case is unique, as it is dependent on the specific circumstances of a given situation, but many cases tend to follow at least some similar patterns.
Starting with your initial charges, your criminal defense lawyer will develop a strategy for defending you, which might include going to trial or negotiating a plea deal. If you are found guilty or plead guilty in accordance with your plea agreement, the judge overseeing your case must decide on a sentence. Certain circumstantial factors could put you at risk for more serious penalties, and it is helpful to know what they are.
What Happens If I Refuse a Breathalyzer Test in Wisconsin?
Even if you have never had it happen to you, you probably have a pretty good idea about what it might feel like to be pulled over after having a few drinks. You see the flashing lights in your mirror, and your stomach drops. By the time the officer gets to your window, the nerves have probably started, but you want everything to go smoothly so you can get home without incident.
As you expect, the officer asks whether you have been drinking. You acknowledge that you did have a couple earlier in the night. Then, the officer asks you to take a breath test. Do you have the right to refuse?
What the Law Says
Under the law in Wisconsin, you give your “implied consent” to chemical testing for blood-alcohol concentration (BAC) by driving your vehicle on the highways and streets of the state. Specifically, you consent to such testing when requested by the officer in certain situations or when required by law.
Know the Law in Wisconsin Regarding Teens and “Sexting”
Smartphones have affected virtually every aspect of life in today’s increasingly connected world. It is easier than ever before to snap a quick photo and send it to family members, friends, and even potential romantic interests. When the photo is sexual in nature, however, and the person in the picture is legally a minor child, the individual who took the photo—and anyone who possesses it—could face criminal prosecution. Sometimes referred to as “sexting,” exchanging explicit photos might seem like no big deal for teens today, but this behavior can lead to extremely serious charges and criminal penalties.
Naked Photos Could Lead to Severe Consequences for Teens
Under Wisconsin law, it is illegal for anyone to create sexually explicit images—including taking nude photos—of any person under the age of 18. It is also against the law to possess such images or to distribute such images to anyone else.
What You Need to Know About Assault and Battery in Wisconsin
The way that certain words are used is perhaps the most confusing part of the law and the legal system at large. Often, a word’s legal definition is much different from the meaning it has in everyday use. This occurs because, in any legal application, words must be defined in a manner that can be clearly understood in a particular jurisdiction. Without intentionally and carefully defined terms, there would be a great deal of confusion among judges, lawyers, juries, law enforcement, and criminal defendants.
One of the clearest examples of a word being used differently in the law versus in casual conversation can be found in the word “assault.” You might be surprised to learn what the legal meaning of the word actually is—at least according to Wisconsin law.
What is the Legal Definition of Assault?
When you are involved in everyday conversation and you refer to an assault, you probably mean that an entity—a person, a gang, or even a military group—attacked another entity and inflicted violence. “That dude assaulted the girl before he ran off.” “The tactical operations team conducted a midnight assault on the suspected drug house.” Most of the time, people understand exactly what you mean.
How to Handle False Accusations of Domestic Violence
If you and your spouse or significant other have a hostile relationship, it is possible that he or she may falsely accuse you of domestic violence. Although legitimate instances of domestic violence are sadly common, not every accusation of abuse turns out to be true. Being accused of domestic violence can negatively affect a person’s ability to maintain employment, spend time with their children, and continue relationships with friends and family. False accusations of abuse can also seriously impact divorce proceedings. If you have been accused of domestic violence, there are some things you can do to help protect yourself.
Notify Family Members About What is Happening
If a person has brought unsubstantiated accusations of domestic violence against you, you may feel overwhelmed, angry, betrayed, and confused about how to respond. The most important step you can take at this point is to contact a domestic violence defense attorney. Next, do not wait for the person falsely accusing you to contact your friends and family. If he or she reaches them first, he or she may be able to turn your loved ones away from you. It can be embarrassing to admit to such a situation, but hiding it will not help your case. Reaching out to others can also be helpful in working through the emotional pain that false accusations of domestic violence cause.
Can Using Prescription Drugs Lead to OWI Charges in Wisconsin?
Most drivers understand that driving under the influence of alcohol or even recreational drugs can lead to Operating While Intoxicated (OWI) charges. However, there is less clarity when it comes to prescription drugs. Although many types of prescription drugs, including opioids, come with warnings against driving or operating heavy machinery after use, driving while under the influence of these drugs which can impair your ability to safely drive continues to occur. Given the serious charges which can result from an OWI conviction, it is essential to work with an experienced OWI defense attorney.
Field Sobriety Tests for Drugs
Wisconsin law prohibits operating a motor vehicle when under the influence of any controlled substance that renders a person unable to drive safely. For alcohol, this means having a blood alcohol content (BAC) of over .08 percent. The officer who stopped you can perform a breathalyzer test after you have been pulled over. With substances including marijuana, other drugs, and prescription medications, there is no equivalent field test. If the use of a substance other than alcohol is suspected, an additional officer may be called in. Some Wisconsin police officers are trained as drug recognition experts (DRE). The trained DRE will administer a series of tests to assess the subject. These tests include checking the subject’s pulse, examining their eye movements, performing tests to assess the subject’s level of attention, and testing vital signs, and other assessments.
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