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Recent Blog Posts
Helping you strategize a defense against drug charges
Fighting against drug crime allegations can appear to be overwhelming and at times hopeless. Defendants may hear about the evidence collected against them and believe that they do not have a chance to stand up against the state's case against them. However, defendants should understand that the quantity of evidence does not mean the evidence is valid or there aren't any defense options available.
At the Bucher Law Group, LLC, our experienced legal team knows how prosecutors think. We anticipate their actions, which allow us to construct a strong and effective criminal defense strategy. Our goal is to meet the needs and interests of our clients, and, we are therefore dedicated to serving individuals in the Lake County area accused of drug crimes navigate the defense process.Whether you are facing a misdemeanor or felony drug charge, we have the skills and knowledge to guide you through the defense process. We understand that not all evidence collected against our clients can hold up in court. If authorities conducted an unlawful search and seizure, for example, it is possible to use that information to suppress evidence. Ultimately, if evidence is suppressed, a defendant may be able to obtain reduced or dismissed charges.
Understanding the criminal trial process
Being accused of a crime is anything but an easy circumstance to face. While some residents in Wisconsin feel as is they have no option but to accept their fate, criminal defendants should be fully aware of their legal options. Asserting a defense, no matter how severe the charge or how many charges one faces, is always an option. Thus, it is important to understand the criminal defense strategies available.
While spending time in a courtroom is anything but appealing, it is an atmosphere that could grant a defendant freedom or access to lesser charges. Therefore, it is imperative to consider going to trial and to understand the procedure he or she is about to embark on.
When it comes to the criminal trial process, there are six phases to be aware of. The first phase involves jury selection. In a jury trial, a pool of potential jurors will be questioned, determining if they are fit to act as a juror in the case. Through peremptory challenges and challenges for cause, the defense and prosecution can exclude jurors for both non-discriminatory reasons and reasons that lead one to believe that a potential juror cannot be objective when deciding the case.
Can Breathalyzer tests fail?
When individuals are slapped with a drunk driving charge, prosecutors rely on certain tests to try to prove their case. While field sobriety tests and breath tests are considered reliable evidence that a driver is under the influence of alcohol, motorists in Wisconsin should note that these tests and devices are not always accurate and reliable. Thus, it is possible to challenge these results, helping an accused individual assert a strong defense.
Can Breathalyzer tests fail? While these tests are the backbone of drunk driving campaigns and are heavily relied on by law enforcement to determine if the blood alcohol content of a driver is intoxicated, these tests are prone to errors and mistakes.
The process of collecting a breath sample and analyzing it might seem scientific, allowing for an equitable and fair result, but, this is not always the case. It is not scientific and it does not rely on any existing or accepted science. Because there is a wide variation of results form person-to-person, it is tough to say that this test can fairly assess whether a person is actually impaired.
Oconomowoc man faces 10 felony counts after suspected OWI crash
Being involved in an wreck is a serious and tragic event. However, when a motorist is accused of a crime following a car accident, the matter's severity can increase significantly. If an officer believes that a driver was negligent or under the influence of alcohol at the time of the crash, for example, it is likely that the officer will take investigative steps based on those suspicions. This could mean forcing a driver to going through a sobriety test and a breath test. If the results of these tests reveal that a driver was intoxicated, then he or she may be hit with a drunk driving charge.
According to recent reports, a Wisconsin man is in this situation after he was recently charged with various felonies following an alleged drunk driving crash. According to police, the Oconomowoc man collided with a good Samaritan who had stopped to help a family change a flat tire. While helping the family along the side of Interstate 94 in Delafield, the 37-year-old accused individual allegedly crashed into the parked vehicle while the victim was under it.
A plan for Packers' season you forgot to make
Are you ready for Packers' football? If your answer is an emphatic "yes," you might not be as ready as you think. People who are going to head out to enjoy Packer parties need to plan ahead now for how they will get home if they are going to drink any alcohol.
Think about how drunk driving charges will ruin the rest of Packers' season! The first preseason game isn't until Aug. 10 at Lambeau Field, so that means that you would likely have this legal issue hanging over your head for the rest of the season, which will hopefully go through the Super Bowl.
The definition of drunk driving in Wisconsin
Drunk driving in Wisconsin can come from alcohol or drugs. If you can drink legally in the state, you must have a blood-alcohol concentration percentage of .08 percent or less. If your BAC is above this level, you will likely face drunk driving charges.
Milwaukee warrant sweep leads to several arrests
Milwaukee police, joined by federal law enforcement officers, conducted a series of raids in a part of Milwaukee that is known for drug offenses and violent crime. Caught up in the ensuing arrests and searches were some people who were connected to a shooting that left two minors hurt.
Police claim to have arrested 16 residents and have taken $4,000 cash as well as several firearms. Police also located some illegal drugs, cocaine and marijuana, during the raids. The police said most of the charges were related to weapons violations and drug crimes.
In a statement to the press, the chief of the Milwaukee Police Department described the raids as important because the area in which the police operated had a disproportionate impact on the entire metropolitan area's overall violent crime rate.
Although in some sense Delafield may seem like a long way from inner city Milwaukee, police in this area also take drug charges seriously, and drug use and possession does happen out in the suburbs of the city as well.
Consequences for refusing to submit to a breath test
Wisconsin drivers who are pulled over by police officers may not be fully aware of their rights. A driver might be compelled to say "no" to an officer's request, not fully understanding the consequences of such an action. While individuals stopped by law enforcement have rights and the ability to invoke them, when a driver suspected of drunk driving says no to a breath test, he or she could face penalties regardless of whether he or she is charged and convicted of a DUI.
In addition to these potential penalties, motorists should note the ability of a prosecutor to use a driver's refusal to submit to a breath test in court. While it was argued that a driver had a constitutional right to refuse the test, thereby preventing the prosecution from present it to a jury because it constituted an attempt to infer guilt, the Wisconsin Supreme Court determined that there is no constitutional right to refuse a breath test. However, the Court did hold that the current law is too broad and misleading.
Helping initiate a strong and aggressive criminal defense action
No one expects to face criminal charges. Thus, when individuals in Wisconsin and elsewhere are faced with a crime, he or she is not prepared for the criminal defense process. Nonetheless, defendants should not let the opportunity to defend their rights and possibly beat any criminal allegations pass them by. Initiating a strong criminal defense begins by taking immediate action. From the moment of accusation, defendants can begin the process of proving their innocence.
The criminal defense process is not an action that defendants have to complete alone. It can be an overwhelming and emotional time, causing some defendants to become rather confused and vulnerable. At Bucher Law Group, LLC, we understand that many thoughts and concerns are rushing through the minds of criminal defendants. Thus, we are dedicated to helping individuals in the Delafield area understand their circumstances and navigate the criminal defense process.
Whether you are facing a felony or a misdemeanor charge, it is important to take any criminal charge seriously. This means becoming fully aware of the elements of the crime or crimes they are accused of. Because the prosecution needs to prove these elements beyond a reasonable doubt, steps might just possibly be taken to disprove or remove evidence used in the case. This ultimately could make it difficult or impossible to prove these criminal elements, possibly resulting in reduced or even dismissed charges.
What are collateral consequences following a criminal conviction?
Facing a criminal charge can be an overwhelming experience. It can be difficult to process everything that is going on, and many thoughts and concerns run through the accused's mind. How serious is the charge? What evidence can be used against me? What penalties could I face? Are there any other consequences I could be hit with for having a criminal conviction? These are all normal question to face. However, many defendants in Wisconsin and elsewhere do not always focus on the last question and how a conviction could mean more than facing the penalties associated with the crime.
What are collateral consequences following a criminal conviction? To begin, it should be noted that collateral consequences are different from social consequences. Social consequences include things like losing a job and living with the social stigma of being convicted of that particular crime. In simple terms, a collateral consequence is any consequence that is a result of the sentence faced by a particular offender. In the United States, collateral consequences include the loss of or the restriction of professional licensures, the ineligibility for public funds, which includes welfare benefits and student loans, the loss of voting rights, the inability to serve on a jury, and even deportation if the convict is an immigrant.
Addressing the heroin epidemic in Wisconsin
The heroin epidemic in Wisconsin is so bad that at the beginning of this year, Governor Scott Walker called on the government to take action. He called a special legislative session and noted that the heroin problem here is one that has to be attacked head-on.
One of the points that the governor called on the legislature to enact is a bill that would enable the legal system to forcibly commit a person into rehabilitation so they can get the help they need. Even though this seems like a good thing, it might be nothing more than a waste of taxpayer funds since most addicts won't get clean even with rehab until they are ready to get off the drugs.
Current legal consequences
Currently, all charges related to heroin are felony charges. Possession of heroin is a Class I felony. Selling heroin ranges from a Class F in the lower amounts up to a Class C in higher amounts. Enhanced charges are possible in cases that involve minors, which come with double the normal penalties, and selling heroin within 1,000 feet of a school, which has a mandatory minimum prison term of three years without the possibility of parole.
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