Every state in the country has an implied consent law. Basically, this law means that by accepting the privilege drive a vehicle, a licensed driver automatically consents to chemical or blood testing if a police officer has probable cause to believe that driver is under the influence of alcohol or drugs. Wisconsin’s implied consent law goes a step further. The state’s implied consent law contains a provision that stipulates that an incapacitated driver is “presumed not to have withdrawn” their consent of testing, even if they are not conscious.

This provision meant that police could conduct blood testing on a driver who was totally unconscious and unaware of what the police were doing. However, this will no longer be the case as the Wisconsin Supreme Court recently ruled that that provision is unconstitutional and violates the incapacitated driver’s Fourth Amendment protecting against unconstitutional search and seizure.

The Case

The unanimous decision was made by the justices in the case of State v. Prado. In December 2014, the defendant was severely injured in a car crash that killed the other driver. At the hospital, a police officer read the defendant, who was unconscious and intubated, the informing the accused script contained in the state’s implied consent law. Since she was unconscious, she did not answer the officer, however, because he thought he was within his rights under the law, he had a nurse obtain a blood sample without obtaining a warrant to do so first.

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If you have recently been charged with theft, you likely feel anxious and scared about your future. Whether you are dealing with a petty or felony theft charge, it can carry heavy consequences, like fines, jail time and a criminal record. It is important to consult with a Wisconsin criminal attorney about your case promptly.

How to Defend Against a Theft Charge

Just because you are facing theft charges, it does not mean you are automatically guilty, and it is possible to be acquitted or to have the charges against you dismissed. In order to have a successful outcome with your theft charge, you must have a good defense.

Here are several possible legal defenses for theft cases.

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One of the most debilitating, malignant, yet elusive social issues that plagues the United States today is domestic abuse. This form of violence occurs more often than anyone would care to admit; the National Intimate Partner and Sexual Violence Survey reported that around 1 in 4 women and 1 in 10 men reported experiencing physical violence, sexual violence and/or stalking in their lifetimes. Laws surrounding these crimes are now typically punished harshly and when possible, to the fullest extent of the law. In some cases, the officers may have no choice but to arrest the alleged suspect, due to the mandatory arrest policy for domestic violence situations.

How Domestic Arrests are Determined

Wisconsin law outlines a variety of situations in which arrests must be made after a domestic violence call has been made. If the police are called to the scene, they are required to make an arrest if they determine that a person is committing or has committed domestic abuse consistent with a crime against a family or household member, and one of the following is true:

• The officer has reason to believe that such domestic abuse is likely to continue.

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Crimes of violence are taken rather seriously in the state of Wisconsin. Even crimes like battery, which is sometimes less serious than other violent crimes, are charged and prosecuted to the fullest extent of the law. Being convicted of battery can be a serious crime, especially when it is charged as a felony. Not all battery crimes are charged as felonies. In general, battery is charged as a Class A misdemeanor, which comes with a potential sentence of up to nine months in jail and up to $10,000 in fines. In many cases, battery crimes are charged as various felonies, which can vary in severity. 

“Bodily Harm” Versus “Great Bodily Harm”

One of the easiest ways your battery charge can be elevated from a misdemeanor to a felony is by the amount of damage that is inflicted upon the victim and the perpetrator’s intent. Wisconsin law states that a misdemeanor battery crime is characterized by a person causing “bodily harm.” However, if a person is found to have inflicted “substantial bodily harm,” the charge is elevated to a Class I felony with a potential sentence of up to 3.5 years in prison and up to $10,000 in fines. Likewise, a person can be charged with a Class H or Class E felony if they caused “great bodily harm” and they intended to cause some sort of harm. Class H felonies come with up to six years in prison and up to $10,000 in fines, while Class E felonies come with up to 15 years in prison with up to $50,000 in fines.

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Many people use the terms “robbery,” “burglary” and “theft,”  during conversation as if they are one and the same. However, many people may not know that there is a legal distinction between all three of those crimes. A burglary occurs when a person enters a dwelling and takes items from that dwelling. Robbery occurs when a person steals property from another person or another person’s presence by using force or threat of force. Theft includes a wider variety of actions and could apply to several different situations. If you have been charged with the crime of theft in Wisconsin, you should speak with a criminal defense attorney about your options.

What Constitutes Theft in Wisconsin?

Under the law in Wisconsin, you can be subject to a theft charge if you:

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