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Recent Blog Posts
Is it Legal to Possess a Firearm After a Felony Conviction in Wisconsin?
Wisconsin has gun laws that respect the rights of its citizens to engage in hunting, recreational gun ownership, and self-defense. However, people who have been convicted of a felony offense are prohibited from owning or possessing firearms and there are serious consequences for those convicted of illegal possession of a gun. If you are facing charges of illegal firearm possession, it is important to have a skilled and aggressive criminal defense lawyer who can help you build a case on your behalf.
When Can Possession of a Firearm Be Illegal in Wisconsin?
There are many situations in which a citizen may not be legally permitted to own or possess a firearm, but behavior related to felony convictions is one of the most common. Persons can be prohibited from having a gun in the following circumstances:
OWI Defense Strategies in Waukesha County, Wisconsin
A conviction for drunk driving can have significant legal and financial implications. Operating while intoxicated (OWI) can lead to fines and loss of your driver’s license. Second and subsequent OWI convictions are penalized even more harshly. Some OWI offenses even result in jail time. If you or a loved one were accused of drunk driving, it is important to explore your legal options.
How to Defend Yourself Against an OWI or DUI in Wisconsin
Being accused of a crime like drunk driving or drugged driving does not necessarily mean you will be convicted of the offense. As with all criminal charges, the prosecution must prove your guilt beyond a reasonable doubt. An experienced criminal defense attorney may use many different tactics to cast doubt on your guilt or prove your innocence.
Understanding Probable Cause in a DUI Case
Police do not have free reign to pull over drivers for no reason. Officers must have a reasonable suspicion that the driver has committed a crime. For example, if police see you run a red light or weave in and out of traffic, they have the right to pull you over. If police pull over a driver without a valid reason for doing so, any evidence obtained during the traffic stop may be inadmissible under the exclusionary rule. Evidence, such as the results of a breathalyzer test, would be unusable during future legal proceedings.
When Can the Use of a Firearm Lead to Criminal Charges in Wisconsin?
The state of Wisconsin allows residents to carry firearms in many situations. Concealed carry licenses allow people to carry handguns on their person or in their vehicle, and the state also allows for open carry of handguns and other types of firearms in locations where concealed carry is allowed. However, while some weapons charges may be avoided by ensuring that a person has obtained the proper licenses and is following the laws for carrying and transporting firearms, criminal charges may apply in situations where a person uses a firearm and causes harm to others.
Crimes Involving the Use of a Weapon
Wisconsin law specifies certain criminal charges that fall under the category of “endangering safety by use of dangerous weapon,” which includes multiple types of cases where a person may accidentally or intentionally fire a gun and injure someone else or put another person at risk of being injured. These charges may include:
What Illinois Drivers Need to Know About Wisconsin Traffic Violations
Since Wisconsin and Illinois are neighboring states, there are many situations where drivers who reside in Illinois will visit or travel through Wisconsin. While many drivers are able to avoid any serious incidents, some drivers may be pulled over by police officers and issued traffic violations. Because the two states have different laws, a person who lives in Illinois may not realize the consequences they may face if they receive a Wisconsin traffic ticket. Failure to follow the correct procedures could result in unexpected penalties, so before paying a traffic ticket or taking other steps to address a violation, it is a good idea for these drivers to consult with an attorney who is experienced in Wisconsin traffic laws.
Consequences of a Traffic Violation Conviction
The state of Wisconsin uses a points-based system for assessing penalties for traffic violations. Different violations will cause a certain number of demerit points to be added to a person’s driving record. If 12 points are added to a person’s record within one year, their driver’s license will be suspended.
What Are the Penalties for Retail Theft in Wisconsin?
As the holiday shopping season becomes busier and busier, many store owners become concerned about the losses they may suffer because of shoplifting. Because of this, retailers and police officers are likely to take strong action against anyone who is accused of committing retail theft. Those who may be facing these types of accusations will want to be sure to understand the nature of these crimes and the potential penalties they may face if they are convicted on criminal charges.
Wisconsin Retail Theft Laws
Retail theft may involve many different types of activities. While shoplifting is generally thought of as pocketing merchandise and taking it out of a store without paying for it, a person may also face criminal charges if they conceal items from a store’s owner or transfer items to someone else with the intent of stealing them. Retail theft charges will also apply if a person changes a price tag or alters the price of an item, such as by scanning the barcode of a different item at a self-checkout. A person may also be charged with retail theft if they remove a theft-detection sensor from merchandise or use a device that is meant to remove these sensors or shield them from scanners.
What Are the Penalties for a Felony OWI in Wisconsin?
Drunk or intoxicated driving is taken very seriously by law enforcement officials. A person who is arrested and charged with operating while intoxicated (OWI) can face serious consequences, including the requirement to pay fines and court costs, as well as the loss of their driver’s license for a significant period of time. In some cases, a person may also be sentenced to time in prison. There are certain circumstances where OWI may be charged as a felony, and a person will face even more serious penalties. An experienced attorney can help determine the best defense strategy in felony OWI cases.
Felony Drunk Driving Charges
In Wisconsin, a first-time OWI is a civil infraction rather than a criminal charge, and a second or third OWI is a misdemeanor, although a third OWI may be charged as a felony if a minor under the age of 16 was in the vehicle. Any subsequent OWI will be charged as a felony. A fourth OWI is a Class H felony, and a conviction can result in a prison sentence of 60 days to six years, as well as a fine of $600 to $10,000. A fifth or sixth OWI is a Class G felony, and a person who is convicted may be sentenced to between one and 10 years in prison and fined between $600 and $25,000. A seventh, eighth, or ninth OWI is a Class F felony that can result in a sentence between three and 12.5 years and a fine of up to $25,000. A tenth or subsequent OWI is a Class E felony, and a person may receive a sentence of four to 15 years and be fined up to $50,000.
What Are the Most Common Types of Violent Crime Charges in Wisconsin?
Of the different types of criminal charges that a person may face, violent crimes are among the most serious. Because these offenses involve serious harm to an alleged victim, an alleged offender may be required to pay a high amount of bail following an arrest, and they may be subject to restrictions regarding the places they can go and the types of activities they can engage in. If a person is convicted, they are likely to be sentenced to a lengthy prison sentence, as well as additional restrictions upon their release. By understanding the types of violent crimes that are most commonly charged in Wisconsin and working with an experienced attorney, people facing these types of charges can determine their best options for defense.
Wisconsin Violent Crimes in 2020
According to the FBI’s Uniform Crime Report, the rate of violent crimes in Wisconsin increased by 8.85 percent in 2020. According to reports submitted by law enforcement agencies in the state, the following types of offenses were charged most often:
Requirements That Apply to Registered Sex Offenders in Wisconsin
A sex crime conviction can have many different types of consequences that will affect a person’s life. In addition to criminal consequences such as a lengthy prison sentence, large fines, or periods of probation, a person must usually register as a sex offender. When a person is on the sex offender registry, they will need to meet a number of ongoing requirements, and they will face restrictions on where they can live and the places they can visit. Those who are facing sex crime charges can secure representation from a criminal defense attorney who can advise them of their options for defense and make sure they understand the potential consequences of a conviction.
Reporting Requirements for Sex Offenders
The sex offender registry will maintain information about a person who has been convicted of a sex crime, including identifying information such as their name, gender, date of birth, height, weight, hair color, and eye color, as well as details about the laws they violated, when they were discharged from prison or placed on probation or parole, and when their sentence will be completed.
What Are the Penalties for Distracted Driving in Wisconsin?
Drivers are required to follow a multitude of traffic laws, and these laws are meant to ensure that people act safely while behind the wheel and protect others from harm. There are many different types of traffic violations that may cause a police officer to pull a driver over and issue a traffic ticket. Distracted driving is an offense that is commonly committed by drivers, and those who have been charged with this type of violation will need to understand the specific laws that apply to them and the possible penalties that they may face.
Wisconsin Laws Addressing Inattentive Driving
Distracted driving can take many forms. In Wisconsin, drivers are prohibited from engaging in any activities that interfere with their ability to operate a vehicle safely. These activities may include anything that takes a driver’s attention away from the road, such as eating food, drinking beverages, engaging in conversations with passengers, turning around to attend to children, reaching for objects in the vehicle, or adjusting a car’s radio, environmental controls, or the position of a seat.
Can I Refuse a Breathalyzer Test in Wisconsin?
Drivers in Wisconsin and throughout the United States understand that it is illegal to drive while under the influence of alcohol or drugs. Doing so may result in an arrest by a police officer and charges of operating a vehicle while intoxicated (OWI). Drivers who have been pulled over and are suspected of driving while intoxicated will want to understand their rights and the steps they can take to protect themselves from consequences. Tests used to measure a driver’s blood alcohol content (BAC) are one issue that these drivers may need to address, and it is important to understand whether a person can refuse these tests or whether they should consent to testing.
BAC Tests and Implied Consent
In Wisconsin and other states, drivers are considered to have given consent to chemical testing of their BAC when they obtained a driver’s license. This means that a driver could potentially face consequences for refusing to take a BAC test. However, it is important to understand that the implied consent law applies to tests that are performed following an arrest rather than to roadside tests performed by a police officer prior to an arrest.
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