Posted on September 24,2021 in Criminal Defense

Being involved in a car accident can cause a number of difficulties in a person’s life. In addition to dealing with injuries and vehicle repairs, a person who may have been at fault for a collision may worry that they could face other consequences. This is especially true if an accident resulted in injuries to someone else, and in these cases, a person may be concerned about potential criminal charges that may apply. An experienced attorney can help people in these situations understand the specific charges they may face and their options for defense.

Cases Where Car Accidents May Lead to Criminal Charges

A person who is at fault for a car accident may be held liable for the damages suffered by other people, although they usually will not be charged with a crime unless they acted egregiously and put others at risk of harm. A person may face criminal charges for causing injuries to others in cases involving:

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 Posted on September 17,2021 in Gun Violations

Originally published: March 29, 2019 -- Updated: September 17, 2021

UPDATE: The state of Wisconsin does permit the open carry of firearms as described below, although there are a few cases where a person may be restricted from carrying a loaded weapon in public, such as when a person has been convicted of a felony or a domestic abuse charge. Gun owners should also be aware of the situations in which they could face criminal charges based on how a weapon was used. The offense of “endangering safety by use of a dangerous weapon” may apply in the following situations:

• If a person puts someone else at risk of harm when handling or operating a weapon, they may be charged with a Class A misdemeanor.

• If a person carries or uses a firearm while under the influence of alcohol or drugs, this is a Class A misdemeanor offense.

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 Posted on August 30,2021 in Criminal Defense

Cases involving accusations of domestic violence can be very complicated and emotional. While many of these cases arise out of legitimate concerns about the safety of family members, others may involve false accusations or reports by neighbors or family members who do not fully understand a situation. Those who have been arrested because of alleged domestic abuse will need to understand their rights, the issues that may affect them going forward, and how they can defend against criminal charges.

Arrests in Domestic Abuse Cases

Wisconsin law requires a law enforcement officer to perform an arrest if they have reasonable cause to believe that a person has committed criminal acts that may be considered domestic abuse and that one of the following is true:

• It is likely that the person will commit continued acts of abuse against the alleged victim.

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 Posted on August 26,2021 in Criminal Defense

Among the different types of criminal offenses that a person may be accused of committing, sex crimes are some of the most serious. These charges carry significant consequences, including large fines and extended sentences in prison. A person convicted of a sex crime may be required to register as a sex offender, which will affect their ability to find a job and a place to live. Even if a person is not convicted, their reputation and relationships with others may be permanently affected. Some people may be unaware of the potential ways that using computers or the internet could lead to sex crime charges. Those who are accused of these types of offenses can work with an attorney to determine their best options for defense.

Sexual Offenses Involving Computers and the Internet

There are multiple ways that a person’s use of computer systems may result in sex crime charges. These offenses may fall into one of the following categories:

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 Posted on August 13,2021 in DUI/OWI

Driving under the influence, which is known as Operating While Intoxicated or OWI in Wisconsin, is a serious criminal offense, and a conviction can lead to significant fines, the revocation of a person’s driver’s license, and a prison sentence. While most people understand the dangers of driving after drinking alcohol and the consequences they may face for doing so, some may not realize that they can face the same charges if they drive while under the influence of marijuana or certain types of prescription drugs, such as opioids. By understanding how Wisconsin law addresses these situations and working with an attorney who is experienced in defending against these types of charges, a driver can determine their best options for defense following an arrest for OWI involving marijuana or other drugs.

Wisconsin OWI Laws Regarding Drugged Driving

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 Posted on August 04,2021 in DUI/OWI

While traffic tickets can be troublesome for any driver, they can be especially problematic for drivers of commercial vehicles. These drivers are required to complete additional training and pass a variety of tests to obtain a commercial driver’s license (CDL), and maintaining a valid CDL is necessary to be able to continue working in this profession. Because of this, commercial drivers will usually be looking to avoid any activities that could threaten their CDL and their livelihood. Drivers should be aware that certain traffic violations could lead to the disqualification of their CDL, meaning that they will be unable to drive a commercial vehicle while their license is disqualified.

Wisconsin Traffic Violations and CDL Disqualification

The most common violation that could lead to a CDL disqualification is drunk driving, which is referred to in Wisconsin as Operating While Intoxicated or OWI. Commercial drivers have a lower limit than other drivers for the legal blood alcohol concentration (BAC) that they can have while driving. If a driver has a BAC of .04 percent or higher when operating a commercial motor vehicle, they could not only face OWI charges, but they will also be subject to a one-year CDL disqualification. A three-year disqualification will apply in cases involving a HAZMAT violation in which a person was transporting hazardous materials.

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 Posted on July 30,2021 in Criminal Defense

A new bill has been introduced to Wisconsin lawmakers that would allow the victims of sexual assault to petition the court for a lifetime restraining order against their convicted perpetrator. “Kayleigh’s Law” was recently presented in both the House and the Senate and, if approved, would give victims the ability to obtain a restraining order against their assaulter even after the assaulter’s probation has ended. The law was recently signed into law in Arizona, the first state in the country to do so.

Sexual Assault Victims

According to state statistics, 20 percent of Wisconsin high school students say that someone has forced them to engage in sexual acts they did not want to participate in. Nationally, one in three women and one in six men have been victims of sexual violence, and 90 percent of victims know the person who sexually assaulted them.

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 Posted on July 22,2021 in Criminal Defense

Many criminal cases are “solved” by police because of DNA evidence. DNA is a complex molecule that contains an individual’s unique genetic code. With the exception of identical twins, no two people share the same genetic code. 

By Wisconsin law, if you are arrested for a violent crime, police are required to take a sample of your DNA. A new law recently signed by the governor extends the sample requirement to anyone who moves to Wisconsin who has previously been placed on parole, probation, or extended supervision in another state.

DNA Requirement

In 2015, Wisconsin passed a law that made it mandatory for any person arrested for a violent felony to submit their DNA to be stored in the Wisconsin DNA Databank. This law applies to anyone who is arrested for arson, burglary, child abuse, homicide, robbery, sexual assault, and other violent crimes. These samples are not allowed to be processed unless and until a judge rules that police have probable cause a crime was committed.

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 Posted on July 20,2021 in Criminal Defense

Last month, several Wisconsin state lawmakers introduced a handful of bills that target police and justice reform. One of the lawmakers who introduced the bills referred to as the “Enough Is Enough” package, says the proposed legislation is meant to build on and not negate the proposals that came out of Assembly Speaker Robin Vos’ Task Force on Racial Disparities.

Enough Is Enough

The Speaker’s task force and the Enough Is Enough package are in response to the demands for police reform from many Wisconsin residents who have spent the last year protesting. The proposed changes focus on what type of training police officers should and should not have, as well as who should be making decisions when it comes to disciplinary procedures for police misconduct and officer-involved deaths.

Highlights of some of the proposed training changes for officers include:

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 Posted on July 09,2021 in Criminal Defense

When a person has a criminal record, that history can significantly impact their ability to find employment, housing, and even education. This is especially true for people who committed criminal acts when they were juveniles. Many states allow that juvenile record to be expunged, depending on the circumstances of the crime. When a criminal record is expunged, it removes arrests and/or convictions as if they never occurred and not even the courts, prosecutors, or law enforcement have access to the record.

Wisconsin has a very limited juvenile expungement process and thanks to a recent Wisconsin Supreme Court ruling, that process may be even more difficult.

Juvenile Justice and Expungement

It has been well documented in study after study that a teenager’s brain is not fully developed, especially in the prefrontal cortex of the brain. This is the part of the brain that controls a person’s ability to delay and reflect on a decision. This is why many teens often will act before they think about what they are doing. This area also controls impulsivity, something that many teens have a hard time with. The prefrontal cortex also controls a teen’s ability to consider the consequences of their actions, as well as buckle to peer pressure.

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