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Recent Blog Posts
What types of actions constitute vandalism?
Pranks and practical jokes are funny – until someone has to go to jail. Unfortunately, this is the reality for some individuals who do things that deface someone else's property. It is important to avoid any activities that might lead to vandalism charges.
There are many aspects of these charges that must be considered when you are trying to figure out if something is going to run afoul of the law. All of these can have an impact on whether you will face criminal charges.
Does vandalism always destroy property?
It isn't necessary for the property to be destroyed for you to face a vandalism charge. Instead, it only needs to be altered from its normal state. Throwing toilet paper in trees or egging a home or vehicle can lead to criminal charges. Another form of vandalism is graffiti. While this is often called a work of art, it is a criminal act unless the owner of the property has given you permission to paint. Even knocking street signs over falls under this crime. Scratching or keying property, kicking or punching something or breaking the windows are also covered here.
Citizens are pushing back against anti-marijuana laws
The question of marijuana is one of the hot topics across the country, and Wisconsin isn't an exception. In fact, Eau Claire recently set a $1 fine for marijuana possession in the city. The city council members there hope to send a message to lawmakers that marijuana isn't worth the priority status it has been given.
Prior to passing the law, the fines for possession ranged from $100 to $500. The new $1 fine is only applicable to first-time offenders who have 25 grams or less. They will still have to pay court fees, so the total will be $138 for a person who is arrested there for their first time facing this crime.
Despite the push from some cities and counties, marijuana for recreational use remains illegal in this state. Possession of marijuana is punished as a misdemeanor for a first offense. It carries a fine of up to $1,000 and up to six months in jail. Offenses after the first one are charged as felonies.
Common-sense approaches to DUI defense
Defending yourself against a crime often involves a mix of simple, common-sense approaches combined with rock-solid criminal defense experience on the part of your defense attorney. For now, let's focus on the common-sense aspect of the drunk driving defense process by looking at the most important thing everyone knows about criminal defense in the United States: An accused person will remain innocent of the alleged crimes until -- and only if -- the prosecution proves that he or she is guilty beyond a reasonable doubt.
On a very "common sense" level, the notion of 'innocent until proven guilty' puts the burden of proof on the prosecution during your litigation process. If the prosecutions can't definitively and clearly prove that you were driving drunk, there's a good chance you'll receive a verdict of not guilty. And what does the prosecution need to prove you committed the crime? Irrefutable facts and evidence. This is why it's essential for those who have been wrongly accused of drunk driving to target the evidence in their defense process.
How can a criminal defense lawyer help me?
Having a criminal defense lawyer by your side during your drug crime proceedings is essential. However, for those who have never been through a criminal litigation process, they may not understand how much a lawyer can help. They might even make the mistake of trying to defend themselves pro se, i.e., navigate their legal proceedings without legal representation. When it comes to a drug-related trial, a pro se defendant might find him or herself unintentionally digging into a deeper and deeper hole.
If you're on the fence about hiring a lawyer in your case, you might want to consider some of the potential benefits of contacting a criminal defense attorney:
Reduction of criminal charges
The severity of your punishment depends on the severity of your criminal charges. For example, if you're convicted of speeding instead of drunk driving, your criminal consequences and potential punishments will be significantly less. Sometimes, a criminal attorney can succeed in getting his or her client's criminal charges reduced, which ultimately serves to make the punishments less in the event of a conviction.
What's an implied consent DUI law?
Implied consent laws require all drivers to submit to chemical testing when police accuse them of driving while intoxicated. Of course, they still have the right to refuse such tests. However, as a result of implied consent laws, the driver will likely be immediately arrested on suspicion of DUI.
Implied consent laws function by assuming that when a driver gets a driver's license and enjoys the privilege of driving, they automatically consent to being tested for drugs or alcohol when police suspect them of driving while intoxicated. Such chemical tests could include urine, blood and breath tests.
When a driver refuses to take a chemical test, they will usually endure a mandatory driver's license suspension that could last up to a year. Interestingly, it's common for the license revocation to be longer after a driver refuses a test than if they take the test and fails. In some cases, a driver could even face harsher punishments if convicted of DUI after refusing to take a test.
What are the elements of a drug manufacturing charge?
Whether a defendant was growing marijuana in the basement or maintaining a chemical lab to manufacture designer drugs, the charge of drug manufacturing relates to the creation of illicit drugs. Some of the most common drugs that people are accused of manufacturing are methamphetamine, marijuana and ecstasy.
The crime of drug manufacturing does not have to involve the complete manufacturing process. An individual could be involved in only one small part of the illicit drug creation process, and a court could still construe the action to be "drug manufacturing." For example, individuals who knowingly sell drug manufacturing equipment, precursor chemicals or only make an offer to manufacture and produce controlled substances could be convicted of this crime.
Usually, drug manufacturing is a felony-level offense, which means that those who are convicted could face high fines, prison time and probation. If the drug manufacturing activities happen close to a playground or school, these punishments could be more severe in certain cases.
Will past good deeds help in your criminal defense?
We all make mistakes, but not all of us make profound and positive contributions to our communities. But what happens if you make lots of big mistakes and lots of big contributions to the community? Perhaps, community leaders will come to your aid and support you by speaking in favor of your good name and past good works.
Normally, when someone gets arrested on a sixth offense DUI charge, the person is described by news media and public officials as if he or she were the dirge of the community. However, that's not what happened in the case of a 56-year-old bar owner who was arrested and later convicted of a sixth operating while intoxicated charge in August.
Officers said that they received reports of the drunk man trying to get into his truck at 11:30 p.m. on Aug. 11. When police arrived, they found him urinating on his feet and on the ground, and they told him not to drive. Next, police saw the man get in his truck and drive away, so they pulled him over and arrested him on intoxicated driving charges after he failed his Breathalyzer and field sobriety tests. He pleaded "no contest" in court and accepted the felony sixth OWI offense conviction.
Madison men accused of drug and weapons-related crimes
Police arrested two men in Madison, Wisconsin last week on drug and weapons-related charges. Allegedly, the apprehended men were associated with a north Madison home, where authorities seized thousands of dollars of cash, narcotics and firearms.
The arrests happened in the wake of a long-term drug investigation that resulted in three searches of two north Madison residences and a storage locker last Tuesday. Police claim that they seized cocaine, heroin, $12,500 in cash and five guns as a result of their searches. Allegedly, the guns that police found during the search included an AR-15, an SKS 7.62 rifle, two .44-caliber handguns and a .22-caliber assault rifle.
The men were not in either of the residences at the time of the search and seizure operations. However, police later found the men and arrested them after chasing each on foot. The arrested men included a 38-year-old man from Madison and a 34-year-old man from Chicago. The 38-year-old was charged with cocaine delivery, heroin delivery and resisting arrest. The 34-year-old was charged with party to the crime of heroin delivery and resisting arrest.
4 women arrested on meth charges in Arcadia
Police throughout Wisconsin are diligent in their efforts to enforce state and federal drug laws. In some cases, police operatives even go undercover to arrange drug deals that may lead to an arrest.
In a recent case like this, four women were taken into custody on meth charges in Arcadia. According to the Trempealeau County Sheriff's Office, the women have been accused of selling methamphetamine. The arrests took place as a part of an undercover operation on Sept. 10. The arrested women were 38, 41, 47 and 50 years of age.
The Trempealeau County Sheriff's Office conducted the covert operation, which involved an undercover operative who allegedly purchased meth from one of the women. Three additional women who were in the first woman's care were also arrested.
After the sale, police carried out an investigation of the woman's car with a K-9 unit on scene. The K-9 unit alleged discovered 50 milligrams of illegal meth in the car. Next, police conducted another search of a hotel room that was connected to the women.
Police arrest 4 in alleged drug and guns bust
Sometimes people accused of crimes find themselves in trouble with the law because they actually committed a criminal act. Other times, they get arrested because they were spending time with the wrong group of friends at the wrong time. Still, in other cases, police are completely misguided and arrest someone who is completely uninvolved in the alleged crimes.
In a recent drug bust, we can't know whether the people the authorities arrested are guilty of their alleged crimes until the conclusion of their criminal cases. Until they confess to the crimes by pleading guilty, or until a criminal court finds them guilty beyond a reasonable doubt, these individuals remain innocent in the eyes of the law.
The arrests and alleged drug bust happened in Fitchburg on a recent Monday. Police apprehended four young men, two 19-year-olds, a 20-year-old and a 21-year-old. Police carried out the arrests at approximately 10 a.m. Three of the men were arrested for violating probation. One was arrested on suspicion of being a felon in possession of a firearm.
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