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Recent Blog Posts
Was your DWI arrest legal?
In general, a police officer can stop a driver if she has reasonable suspicion of criminal behavior. Furthermore, an officer that thinks you have committed a crime can stop and detain you for a brief period while she conducts a limited investigation. Perhaps this is what happened to you while you were driving home from the weekly family dinner at your parents' house.
You had left your parents' house and had made it almost halfway back to your apartment when a police officer pulled you over. As far as you knew, you were not speeding, you were not weaving and your headlights were on. Next thing you knew, the officer was handcuffing you and placing in the back of her cruiser.
Was there reasonable suspicion?
In order to be legal, your drunk driving arrest had to begin with the officer having reasonable suspicion that you were involved in some sort of criminal activity. This is the case even if you were not engaging in any illegal behavior. If the officer did not have reasonable suspicion for the stop, then it is possible that the court will dismiss your case. An experienced Wisconsin criminal defense attorney can guide you through the process of dealing with a DWI charge.
Weapons laws in Wisconsin: Facts you should know
When carrying a firearm in Wiscon, you're also carrying a huge responsibility. As such, specific laws may apply to your possession, ownership and use of a firearm. Be sure to read the information below to find out how you may be affected by our state's gun laws.
Who does the law permit to own a firearm? In the state of Wisconsin, all adults can own a firearm if they have not been convicted of a felony and passed a background check to purchase the weapon they want to buy.
What happens to felons who possess firearms? The unlawful possession of a firearm by a felon is an extremely serious offense that could result in a prison sentence of 10 years.
What are the requirements to carry a concealed weapon? In order to carry a concealed weapon, you must complete the Wisconsin concealed weapons licensing program. Failing to have the appropriate license may result in the criminal charge of carrying a concealed weapon without a license.
Were you accused of arson in Wisconsin?
When a house or business burns down, police will investigate the incident to determine what went wrong. Even if it was a complete accident, police will sometimes accuse a homeowner or business owner of setting a piece of property on fire just to collect the insurance money. In criminal law, this crime is not only referred to as insurance fraud, but it's also called "arson."
Arson is the deliberate act of setting property on fire. In many cases, arson is a part of insurance fraud allegations. However, it can also be committed as a part of a hate crime, or it could involve the setting on fire of forest lands. Arson is classified as a felony due to its capacity to hurt someone.
Arson crimes become more serious depending on the facts and circumstances. For example, setting fire to an occupied building versus setting fire to an unoccupied building represents starkly different severity levels.
Since fires result in so much destruction, it can be difficult to pinpoint the exact cause and/or origin of a fire. For this reason, forensic investigators can spend months and years getting to the bottom of a particular arson case.
Were you accused of vandalism?
Although you might not think that you're hurting someone's property by spray-painting your initials or a picture on the side of it, the owner of the property could feel differently about it. In fact, the owner – and the police for that matter – might see such an act as vandalism. Vandalism – i.e., the destruction, defacing or harming of someone else's property – is illegal and those who are found guilty of the offense will face various criminal punishments.
If you're not sure what constitutes vandalism under the law, here are a few examples of the crime:
- Intentionally throwing a rock into a neighbor's window and breaking it
- Spray-painting the side of a building with your initials or spray-painting your favorite design on a street sign
- Ripping the picture off a billboard
- Drawing a mustache and glasses on a poster next to a bus stop
- Using a permanent marker to draw on a bathroom stall
- Painting graffiti on a sidewalk
Were you arrested for boating under the influence?
Boating under the influence charges happen frequently in Wisconsin's waterways. In fact, some Wisconsin boaters may have been arrested and charged with BUI even though they are innocent. This is partly because the very nature of being on a boat with friends can result in an inappropriate arrest.
Unlike a car, boat drivers can switch off with passengers very easily. One minute you might be driving the boat, and the next minute your friend is driving the boat. Because it's easy for boat passengers to move around and switch positions with the driver, police might be confused about who was actually driving the boat.
Let's say your good friend was driving your boat, and he was a responsible boater, a great boat driver and also stone-cold sober. You, on the other hand, were not entirely sober because you just finished drinking four beers over the last couple hours. Because you are technically the owner of the boat, however, police got confused and mistakenly fell under the impression that you were operating your boat while intoxicated.
Were you charged with boating under the influence?
Getting charged with boating under the influence is not that different from getting charged with driving under the influence. Perhaps the main distinction, however, is that people who drive boats tend to be more at risk of such allegations -- that's because lots of Wisconsin residents like to bring alcoholic beverages with them when they head out onto our state's rivers and lakes.
Just like driving under the influence, a boating under the influence charge will trigger when the boat operator has an blood alcohol content (BAC) of 0.08 percent or more. However, unlike drivers, boaters don't have the right to refuse a blood alcohol content test. Simply by the act of operating a watercraft or boat, operators are seen to have pre-consented to sobriety tests. In fact, it is a legal violation for a boater to refuse such a test when an officer requests it. Boaters must also stop when asked to do so by an officer of the law or by a patrol boat.
It is not uncommon for a boater who is operating under the influence to also get hit with charges related to underage drinking, having an open intoxicant and engaging in public drunkenness. If convicted of the charges, boaters can expect to incur fines, impoundment of property and even jail time.
What are the benefits of plea bargaining?
When things look grim based on the factual scenario in a criminal defendant's lawsuit, and a conviction is likely, the defendant may elect to negotiate a plea deal. Negotiating the plea, or plea bargaining, is a useful defense tactic that benefits both the defendant and the prosecution.
Let's take a look at how plea bargaining benefits both sides of the criminal defense equation:
How plea bargains help defendants
When a guilty verdict is likely in a criminal defense matter, plea bargaining offers a way for the defendant to pursue a less severe punishment and a less severe charge. This could also help the defendant's criminal record: In many cases, the defendant will have a lesser offense listed on the record. There are monetary benefits to the defendant as well because he or she will bypass the legal costs associated with lengthy trial proceedings.
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.
What are the most common gun crimes?
Wisconsin is home to numerous weapons laws that every resident and visitor of the state must adhere to. For example, did you know that those who have been convicted of a felony may not possess a firearm? These and other restrictions could apply to you and your use of a firearm -- and you might not even know it. Therefore, it's a good idea to familiarize yourself with the various weapons crimes in Wisconsin so you can be sure to follow the law and avoid getting into legal trouble unnecessarily.
Here are some of the most common gun crimes the criminal court sees on a regular basis:
Carrying a gun or shotgun without having a permit
Wisconsin residents who carry a weapon openly, and those who carry a concealed weapon, will need to have the proper permitting to do so. Failure to have a permit could result in gun crimes charges.
Having a gun while you're intoxicated
Getting drunk on alcohol or other drugs can happen much sooner than you think it will. One minute you're perfectly sober, and the next minute you're drunk. If you happen to have a gun on your person at the time you become intoxicated, you could get in serious trouble with your local law enforcement officer.
What are the penalties for fraudulent credit card use?
The state of Wisconsin has enacted numerous laws that govern the use of credit cards. It's also developed criminal statutes with associated penalties for the fraudulent use of credit cards. If you've been accused of any type of credit card fraud, it's important to know what the potential penalties are if you're convicted.
Here is a list of penalties associated with Wisconsin credit card fraud based on the class of the crime:
-- Class A misdemeanor: This charge relates to credit card theft, counterfeit credit card possession or the illegal use of a credit card to obtain property under $2,500 in value during a six-month period. This will result in a fine of as much as $10,000 and a prison sentence of not more than nine months.
-- Class I Felony: This relates to the crime of counterfeiting credit cards or illegally using credit cards to obtain property between $2,500 and $5,000. This will result in a fine of as much as $10,000 and a prison sentence of as much as three and a half years.
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