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Wisconsin Drug Defense LawyerThere are multiple types of drug crimes that a person may face, ranging from “simple” charges of drug possession to more serious offenses involving manufacturing or distributing controlled substances. Because these types of crimes are taken so seriously by law enforcement, a person who is arrested on drug charges may be concerned that they will face serious consequences, such as the requirement to pay large fines or serve a lengthy sentence in prison. Alleged offenders should be aware of the options for probation that may be available in some cases, and they will need to understand the rules and restrictions they may face if they receive this type of sentence.

Conditional Discharge for First-Time Drug Possession Offenses

If a person had not previously been convicted of any drug-related offenses, they may receive a sentence of conditional discharge following a guilty plea or verdict for a charge of possession or attempted possession of controlled substances. Conditional discharge is another term for probation. When sentencing a person to probation, a judge will determine an appropriate period for the sentence, which is usually between six months and three years. After completing probation, all charges against the person will be dismissed, and they will not have a criminal conviction on their record. Conditional discharge for drug possession charges is only available to a person once during their lifetime.

When sentencing a person to probation, a judge will impose certain terms and conditions that the person will be required to follow. Any violations of these terms and conditions may result in the court imposing the applicable penalties for the offense, and a conviction will remain on the person’s record. In drug possession cases, the terms of probation may include the requirement to receive treatment for substance abuse at an inpatient or outpatient treatment facility. Other rules that a person may be required to follow during probation include:

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waukesha criminal defense lawyerWhile the Second Amendment of the United States Constitution guarantees that Americans have the right to bear arms, there are some cases where laws restrict people’s ability to own or possess weapons. Some states have passed what are known as “red flag” laws that make it illegal for certain people to own firearms or other types of weapons based on their criminal history or other issues that could potentially create a danger to others. People in Wisconsin will want to understand what types of weapons laws apply to them, and anyone who is facing weapons charges can work with an attorney to determine their options for defense.

Laws Addressing Firearm Ownership in Wisconsin

States that have implemented “red flag” laws may prohibit gun ownership for people who are considered a threat to other people or society at large. Usually, these laws allow for temporary restrictions in certain situations, such as when a person is accused of committing domestic violence. In many cases, only law enforcement officials are permitted to implement protective orders requiring a person to surrender their firearms. However, other people, such as a person’s spouse or family members, may be able to request these types of orders.

Currently, Wisconsin does not have “red flag” laws that allow for “extreme risk” protection orders that revoke a person’s right to own a firearm. However, if a person is subject to a restraining order based on accusations of domestic abuse, child abuse, or harassment, they will be required to surrender any firearms they own. If there is clear and convincing evidence that a person may use a weapon to harm someone else or endanger public safety, they may be prohibited from owning or possessing firearms while a restraining order is in effect. Those who have been convicted of felonies are also prohibited from owning or possessing firearms, and these restrictions also apply to those who have been involuntarily committed to a mental health facility. Illegal possession of a firearm is a Class G felony.

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drugged driving lawyerThe use of marijuana has become more acceptable in the United States over the past several years. Many people treat this substance the same as alcohol, considering it to be a relatively harmless recreational drug to be used in moderation. However, even though multiple states have made marijuana legal as either prescription medication or a recreational substance, it continues to be illegal in Wisconsin and at the federal level. Drivers in Wisconsin should be aware of the potential consequences they may face if they are arrested for OWI/DUI based on their use of marijuana.

“Driving While High” in Wisconsin

Since marijuana can have intoxicating effects similar to alcohol, those who drive while under the influence of this substance could be pulled over by a police officer and arrested for Operating While Intoxicated (OWI). However, there are a few differences between OWI cases involving alcohol and those involving marijuana.

Wisconsin law recognizes a legal limit for the blood alcohol concentration (BAC) that a driver can have before being considered intoxicated. If a driver has had one or two drinks, their BAC may be below .08 percent, making it legal for them to drive. However, Wisconsin law does not have a legal limit for marijuana. In fact, the law states that it is illegal for a person to drive with any detectable amount of a restricted controlled substance in their blood.

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Waukesha County Divorce LawyerIt is not uncommon for there to be a number of disagreements between a couple who is going through a divorce. While there are often personal issues lingering that caused the divorce to begin with, the couple must now decide how their married life will be divided – including child custody, division of marital assets and debt, child support, and more. This can result in even more disagreements and acrimony. Unfortunately, in many cases, even after the divorce has long been finalized, one spouse may still refuse to comply with the court’s orders. In these situations, the other spouse can seek the assistance of a Milwaukee County family law attorney in taking the legal steps to enforce the court’s orders.

Enforcing a Court Order

The final divorce agreement that the judge signs off on should specify how the couple’s assets and debts will be distributed, how child custody and parenting time will be shared, and how much – if any – child support and/or spousal support will be paid. Each spouse is legally required to obey this order. If either one fails to follow the order, they can be held in contempt of court.

In order for the court to hold that spouse in contempt, the spouse who is seeking the order must first file a petition with the court that issued the divorce decree. The court will then schedule a hearing where the spouse who filed the petition will present their evidence. The other spouse will also have an opportunity to defend themselves against the petition and argue why they should not be held in contempt.

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Waukesha County Criminal Defense AttorneyIn 2020, the Wisconsin Department of Justice's Division of Forensic Sciences reported the average time it took the state’s crime lab to process DNA evidence analysis was 94 days. Although this was a slight decrease from the prior year, it was still significantly longer than the 76 days it took in 2017. These types of delays can cause the wheels of justice to turn very slowly for a defendant, but how does it affect a defendant’s constitutional right to a speedy trial?

DNA Testing

Whenever police collect evidence that needs to be tested, that evidence is sent to one of the three state crimes labs. According to the lab’s Administrator for the Division of Forensic Sciences, almost all of the evidence their department receives are for felony charges. The process usually involves a “first-come-first-serve basis,” although there are situations where evidence may be able to get pushed to the front of the line, such as when there is a public safety threat or there is a jury trial scheduled.

Until the evidence for a case has been processed by the lab, the criminal justice process cannot proceed. Although a defendant can be charged with a crime, there can be no trial until the evidence testing results have been returned. This means that a pending charge can hang over a defendant’s head for months on end with no timely resolution.

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