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Recent Blog Posts
Muskego mother gets 2-year prison sentence for drunk driving
A woman from Muskego who has been convicted of drunk driving five times was recently sentenced to serve a two-year prison term as a result of her fifth drunk driving conviction. The woman was also sentenced to extended supervision for an additional three years.
The incident that led to the woman's most recent OWI conviction happened last Christmas Eve. According to the woman's admission, she drank a "ton" of alcohol that evening because she felt like she wanted to die.
While the woman was in an inebriated state, however, her son came home from his work and called 911. After the son made the call, the woman backed out of the driveway in her vehicle and continued into a culvert on the other side of the street. She was able to free the vehicle and drove away. She soon lost control of the car and struck a tree.
When police arrived, she fought the officers, even kicking one officer in the groin while he attempted to arrest her. Officers eventually deployed a stun gun to control the woman but it wasn't entirely successful. Eventually, police were able to make the arrest and book the woman in jail.
New proposed legislation seeks a ban on assault weapons
The latest mass shooting to shock the United States into a wave of grieving was the catastrophic incident that happened on Feb. 14, 2018, in Parkland, Florida. This sad mass murder was carried out by a lone gunman armed with an AR-15 assault rifle, which he used to murder 17 high school students.
As the media continues to rage, and communities continue to real, Democratic lawmakers introduced a newly minted gun control measure as a response. If it becomes federal law, the measure would ban individuals from owning the AR-15 assault rifle, among many other weapons that the law classifies as assault weapons.
Thus far, Republicans have strictly opposed the proposed law while Democrats are supporting it. Gun rights advocates oppose bill as well, while pointing out that the AR-15 should not be on the list of banned weapons because it is not a fully automatic rifle.
The law clearly states it will make it illegal for individuals "to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a semiautomatic assault weapon." The law also requires a public list of all assault weapons that criminals have used in carrying out their crimes.
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?
Assert your right to remain silent
Cops have a favorite fishing tactic they use on unsuspecting motorists they've just stopped. They ask an innocent-sounding question that is anything but: "Do you know why I stopped you?"
If ever there was a loaded question designed to get a motorist to begin incriminating him- or herself, that is it. Even if you have no idea what you did wrong, all sorts of possibilities probably popped up in your mind, just waiting to burst forth from your mouth to become evidence against you in court.
Admit or volunteer nothing. Politely respond, "No, officer."
Opioid addiction takes years to disappear
After the brain gets addicted to an opioid medication, it can take as long as two years for it to fully recover once the abuse of the drug stops. However, the first 90 days of recovery tend to be the most critical to ensure that the individual stays sober.
According to a leading addiction expert, creating a solid foundation of sobriety takes time and diligence. For this reason, anyone who tries to stop taking an addictive substance is encouraged to have 90 days of contact with a professional addiction therapist by way of an intensive outpatient program or a partial hospitalization program.
Experts don't know a lot about why it takes 90 days to get past the most difficult time and they don't know why it can take two years to fully heal. They just know that the process takes this amount of time with most people.
In most modern addiction treatment scenarios, therapists and recovery experts evaluate the mental health needs of the patient as well as his or her unique addiction issues. In this regard, untreated mental disorders tend to be addressed in addition to the medical aspects of addiction recovery. Patients commonly start with detox, then they receive in-patient rehab. Next, patients live in supportive housing, receive psychotherapy, take appropriate medications and go to group therapy. Part of the therapy should stress impulse control, which assists patients in controlling the impulsive thoughts that lead them to take more addictive substances.
Penalties and punishments for marijuana sale and cultivation
Certain areas of the country have legalized marijuana for medical and recreational use. However, in Wisconsin, it continues to be illegal with the exception of non-psychoactive medical CBD oil, which is used to treat a limited range of conditions.
In spite of the illegality of marijuana, some individuals are selling and cultivating the plant unlawfully. As such, state and federal law enforcement officials are actively investigating any suspected cultivation and sale activity.
However, police do not always arrest individuals appropriately for these offenses. For example, you might have been accused of marijuana cultivation simply because you were in the wrong place at the wrong time. Or, you might have been accused of marijuana sales when you were not selling the drug, but merely in possession of it.
What will happen if I'm convicted of marijuana sale or cultivation?
If accused of marijuana sale or cultivation -- and convicted of the offense by a court of law -- individuals can face serious criminal consequences. Here are the penalties and punishments associated with a conviction of marijuana sale and cultivation in Wisconsin. If convicted of selling or cultivating marijuana in the amount of:
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.
Punishment for a felon in possession of a firearm conviction
Individuals convicted of a felony in the state of Wisconsin are not permitted to possess a firearm. In fact, if you are convicted of firearm possession following a felony conviction, you will face stiff criminal punishments.
Wisconsin Act 109 establishes the penalties associated with firearm possession by a felon. However, before describing these penalties, it's important to understand who can and cannot possess a firearm in Wisconsin. If you can answer yes to any of the following questions, then you are not permitted to possess a firearm:
-- Have you had a prior felony conviction?
-- Were you adjudicated delinquent regarding an act that, had you been an adult, would be considered a felony.
-- Did you receive a verdict of not guilty for a felony act because of mental disease or mental defect?
If you answered yes to any of the above, then firearm possession for you is a Class G felony that can be punished with up to a 10-year prison sentence and up to a $25,000 fine. If your prior felony conviction involved a violent crime, and your firearm possession happened within five years of the violent offense, then you could be in danger of a mandatory three-year minimum sentence.
Set transportation plans for New Year's Eve now
With New Year's Eve less than a week away, right now is the time to make plans for transportation if you are heading out to enjoy some drinks to ring in 2019. Wisconsin is in the middle of the holiday Drive Sober or Get Pulled Over campaign. This campaign includes 25 task forces that encompass more than 100 law enforcement agencies in this state. Around 300 drug recognition experts are part of the program, and approximately 3,800 officers have been trained on Advanced Roadside Impaired Driving Enforcement.
One thing to remember is that if you are heading into Milwaukee for the festivities, you can count on free rides on Milwaukee County Transit buses. Miller Brewing is continuing the 31-year tradition of providing these to help people make it home safely. Some local taverns also have options for free transportation to get partygoers home safe. These are done through the Tavern League of Wisconsin's Safe Ride.
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.
There are more reasons -- aside from criminal and civil liabilities -- that should dissuade the average Wisconsin resident from sharing drugs with co-workers. Most importantly, it could result in you getting fired from your job. Most employers do not look favorably on employees who share drugs with co-workers at work, and for obvious reasons. Any pharmaceutical drugs possessed by someone who doesn't have a prescription is a violation of federal law.
Sheboygan man hit with fifth intoxicated driving charge
A man from Sheboygan was recently accused of intoxicated driving on his birthday. According to police, they pulled him over after he left a bar on a recent Wednesday. Sadly, it was the man's birthday and -- even worse -- it's the fifth time he's been charged with OWI in Wisconsin.
Police allege that they tracked down the man after a bartender at the bar where he was celebrating tipped them off. The bartender told authorities that a woman had asked for help, and then she left the bar with the intoxicated man in his vehicle. After police pulled them over, they performed a sobriety test on the man and decided he was too drunk to operate his vehicle.
They arrested him and charged him with OWI, in addition to four misdemeanor counts of battery. They also charged him with operating a vehicle with a revoked license and disorderly conduct. The man turned 53 years of age on the day of the incident.
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