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Waukesha Criminal Law Blog

Which drug leads to the most arrests in Wisconsin?

Studies have been carried out to see which drugs are used most commonly across the United States, with results giving some indication of which drugs are most likely to lead to an arrest. In Wisconsin, it turns out that drug treatment centers most often deal with marijuana.

This is a common theme. Marijuana is also most common in Wyoming, Washington, Virginia, Texas, South Dakota, South Carolina, Oregon, Oklahoma, Ohio, North Dakota, North Carolina, Montana, Missouri, Mississippi, Minnesota, Michigan, Louisiana, Kansas, Iowa, Indiana, Idaho, Hawaii, Florida, Colorado, Arkansas, Alaska and Alabama.

Drunk drivers no longer staying in jail for 12 hours

In Wood County, Wisconsin, the rules used to state that someone who had been picked up for drunk driving had to stay behind bars for at least 12 hours. Obviously, it could be longer if there were other charges, but simple DUI arrests meant 12 hours in jail to sober up.

Not anymore. Now, police are able to let drivers go before the 12-hour mark if they have a responsible adult who can take care of them.

3 reasons a breath test may be wrong

You did drink a little bit before getting behind the wheel. You had a glass of wine with dinner. However, it was just one glass, you never even felt buzzed, and you ate an entire meal. You didn't think you were impaired and assumed your Blood Alcohol Concentration was pretty close to zero.

However, when the police pulled you over for not coming to a complete stop at a stop sign, you told the officer you'd had a drink. You wanted to be honest and didn't think you were drunk, not by a long shot. The officer asked to do a breath test, and you agreed to it, figuring it was the fastest way to get done and on your way home.

Who can't own a gun in Wisconsin?

The Second Amendment famously gives people in the United States -- including Wisconsin -- the right to bear arms. However, don't make the mistake of thinking that this right extends to everyone or can't be taken away. Under certain circumstances, it can, and not everyone is allowed to own a gun.

For example, under state law, anyone who has been charged with and then convicted of a felony is barred from owning a gun. If you have felony assault charges on your record, for example, then it's illegal to own a gun, even if you acquired it lawfully in the past.

Oh, no! Cops are behind me — what should I do?

The Fourth of July holiday weekend is here, with plenty of entertainment and celebrations taking place in and around Waukesha. Inevitably, however, the holiday also brings a marked increase in police presence on the highways.

If you see the dreaded blue lights behind you in your rear-view mirror, do you know what to do to avoid incriminating yourself in the traffic stop?

Were you charged with boating under the influence?

Getting charged with boating under the influence is not that different from getting charged with driving under the influence. Perhaps the main distinction, however, is that people who drive boats tend to be more at risk of such allegations -- that's because lots of Wisconsin residents like to bring alcoholic beverages with them when they head out onto our state's rivers and lakes.

Just like driving under the influence, a boating under the influence charge will trigger when the boat operator has an blood alcohol content (BAC) of 0.08 percent or more. However, unlike drivers, boaters don't have the right to refuse a blood alcohol content test. Simply by the act of operating a watercraft or boat, operators are seen to have pre-consented to sobriety tests. In fact, it is a legal violation for a boater to refuse such a test when an officer requests it. Boaters must also stop when asked to do so by an officer of the law or by a patrol boat.

Bail: When there isn't any get-of-jail-free card

The day that you are arrested for a criminal activity, your focus becomes getting out of jail. Most people don't want to have to sit in the local jail or county lockup while their case is moving through the criminal justice system.

In many cases, the criminal court will issue bail for a person who was arrested. This is a financial assurance that the person will report back to court at the appointed times. There are several things that people should know about bail.

3 defenses against theft crimes

Wisconsin residents who charged with theft crimes face the threat of spending quite a bit of time in prison or jail if they are convicted. The severity of the punishments will increase dramatically based on the value of the property that was allegedly stolen. However, those accused of theft or larceny will have the ability to defend themselves in court.

Here are three common defenses used in theft crime trials:

Sharing your prescription drugs at work is a bad idea

It's difficult to watch a co-worker suffer through a workday in pain. You might be tempted to alleviate his or her discomfort by giving your co-worker one of the pain medications you take for your bum knee; however, it would be a very bad idea and it could get you in serious trouble with the law.

Imagine your co-worker got stopped by the police on the way home from work -- perhaps because he or she took too many of the Vicodin you gave him or her. The police might decide to arrest him or her for intoxicated driving, and if they find your Vicodin, they'll want to know who gave them to him or her. Furthermore, if your friend gets into a serious car accident, gets injured or causes injury to others, you could be financially and criminally responsible for the crash.

Common examples of vandalism

It's natural for human beings to draw, paint and decorate their environments, but when it comes to doing this on another person's property without permission, it's referred to as vandalism and it's unlawful. Vandalism as a crime encompasses a broad range of things.

Vandalism is typically defined as a willful act intended to alter, destroy, deface or significantly change another person's property. It may include the following acts:

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