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Waukesha, WI criminal defense attorney

If you have ever had the experience of being a defendant in the criminal justice system, you know that there is a lot of uncertainty involved in the process of being arrested and charged with a crime. Every criminal case is unique because every situation is different, but they do typically follow a similar pattern. Once you are charged with a crime, your attorney will begin to work out a defense strategy for you, which may include a plea bargain or it may include proceeding to trial. Once your case has come to a decision, the judge will then determine the sentence for your crime. Depending on the facts and circumstances surrounding your case, you could be at risk for a harsher sentence.

Aggravating Factors in Wisconsin

Once you have reached the sentencing stage of your case, the judge will review your case in its entirety and determine if aggravating factors are present that would warrant additional penalties. Various aggravating factors could apply to any crime in Wisconsin, but there are also aggravating factors that are specific to a certain offense only. For example, if the defendant attempted to conceal his or her identity while committing the act, this could be applied to most crimes. However, something like knowing you are HIV positive would only be an aggravating factor if you were being tried for a sex crime.

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New Berlin criminal defense attorney juvenile crime

As a parent, one of the worst phone calls you could receive is one from your child stating that he or she has gotten into trouble with the law. Being arrested and charged with a criminal offense is a serious situation, regardless of whether or not you are an adult or a child. If your minor has been arrested or has had a run-in with the law, you may be wondering if he or she will be tried as an adult or as a child. In many cases, a juvenile will be tried and sentenced through the juvenile justice system, which functions slightly differently than the adult criminal justice system. In some cases, however, a juvenile may be tried in adult court for certain crimes in Wisconsin.

17-Year-Olds Are Considered Adults

Wisconsin is still among the few states that always consider juveniles who are at least 17 years old to be “adults.” This means that if a 17-year-old is arrested and charged with a crime, his or her case automatically is sent to adult court, not juvenile court. However, those who were 15 or 16 at the time of the offense may be tried either as a juvenile or an adult. This decision is up to the court’s discretion and mainly depends on the nature of the offense and the possibility for rehabilitation.

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Muskego OWI defense attorney

Most states have laws that make it illegal to drive under the influence (DUI) of drugs or alcohol. In Wisconsin, these laws are referred to as operating while intoxicated (OWI). These laws tend to be broadly defined, and they apply to a number of drunk driving behaviors. In Wisconsin, you can be charged with OWI if you have a BAC of 0.08 percent or more; are intoxicated and unable to safely drive; or have any detectable amount of a controlled substance in your body. If a person is under the age of 21 when he or she is convicted of OWI, he or she can face an additional set of criminal consequences in conjunction with regular OWI penalties. That is why it is essential to seek professional legal counsel to make sure your rights are protected throughout the proceedings.

Wisconsin’s “Not a Drop” Law

As in most other states, drivers are not permitted to have a BAC of more than 0.08 percent when operating a motor vehicle. In Wisconsin, drivers who are under the age of 21 are not permitted to have any alcohol whatsoever in their systems. This means the legal limit for those under 21 is 0.00, whereas it is 0.08 for everyone else. If you are under 21 and you are caught driving with a BAC higher than zero, you face a $200 fine, four demerit points on your driver’s license, and a driver’s license suspension of three months. These penalties are concurrent and separate from any other penalties you may be facing for OWI.

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Milwaukee theft defense attorney

Some of the most common crimes committed by juveniles and adults alike are theft crimes. These crimes involve the unlawful taking of property, which can become serious rather quickly. In the state of Wisconsin, theft crimes can be charged as either a misdemeanor crime or felony crime, depending on a variety of circumstances. Typically, the more the stolen property is worth, the harsher the consequences. However, there are a few circumstances in which theft is considered a felony, despite the value of the items. If you have been charged with a theft crime, your best bet for a favorable outcome is to hire an experienced criminal defense attorney. 

What Constitutes Theft in Wisconsin?

While the basic definition of theft is taking something that does not belong to you, there are certain specific situations that Wisconsin law considers to be theft. According to Wisconsin legal statutes, theft occurs when a person:

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Muskego disorderly conduct defense attorney

One of the most commonly charged crimes in the state of Wisconsin is disorderly conduct. This can include a variety of behaviors ranging from public intoxication to yelling at a police officer. The crime of disorderly conduct is often referred to as a “catch-all” crime, meaning it can be applied to a wide range of behaviors and actions. Even though it may seem like a minor offense, being charged with disorderly conduct is still a crime that can result in significant consequences. If you have been charged with disorderly conduct in Wisconsin, it is imperative that you consult with a skilled criminal defense lawyer to understand your options.

What Is Disorderly Conduct?

According to Wisconsin statutes, disorderly conduct occurs when a person “engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance.” Basically, this means you can be charged with a crime if you act in such a way as to provoke or disturb someone in particular or the public in general.

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