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Recent Blog Posts
What does the Brady Handgun Violence Prevention Act say?
The federal government has established laws that control what guns you can own and how you can use them. For example, the National Firearms Act (NFA), restricts the ownership of sawed-off shotguns, silencers and machine guns. Although people can still own these NFA weapons, there's a lot of red tape that needs to be taken care of in order to legally do so. The Brady Handgun Violence Prevention Act also regulates firearms.
The Brady Handgun Violence Prevention Act was passed in 1994. This federal act offers nine primary disqualifiers for gun ownership. If any of the following is true for you, you're not permitted to own a handgun under federal law:
-- You have a misdemeanor domestic violence conviction on your record.
-- A court restraining order is in place against you regarding a child or your intimate partner.
-- You renounced your U.S. citizenship.
-- You were dishonorably discharged from one of the United States Armed Forces.
-- You're an undocumented or illegal immigrant.
What factors lead to a robbery conviction?
A robbery charge is a serious criminal accusation, and the punishments associated with a conviction for this offense become even more severe when a firearm was involved. That said, all individuals accused of this crime will have the opportunity to defend themselves against the allegations.
In all criminal cases, including robbery crimes, the burden of proof lies on the prosecution. If the prosecution cannot prove the following facts are true beyond a reasonable doubt in a robbery case, then a conviction cannot occur:
- The accused person took or stole property.
- The stolen property belonged to someone.
- The property was stolen from the owner's person or it was stolen while in the presence of the owner.
- The property was taken against the owner's will.
- The accused person committed the unlawful taking through intimidation, violence or brute force.
What facts are necessary to prove a bribery charge?
Bribery is a crime that occurs behind closed doors and in secret. The act of bribing another person involves the offering of money or favors in exchange for benefiting from the power of that person's position.
Bribery may involve a public official or politician who receives money under the table from someone who wants to receive a special favor. Ultimately, both the person who offers a bribe and the person who accepts the bribe can face these criminal charges.
What's required to prove bribery?
At its core, bribery is simple: Someone offers a thing of value in exchange for something else of value. Often, the favor given in exchange for a bribe is political influence. It might involve a corrupt judge who gives a certain ruling in exchange for a bribe. Or, it could involve a police officer who agrees to look the other way while someone commits a crime.
In terms of bribery charges that prosecutors try in federal court, there are specific elements that must be present in order for a bribery charge to stick. Those elements are:
What happens during a field sobriety test?
When it comes to drunk driving arrests, most Wisconsin residents know about Breathalyzer tests and the fact that a test result that renders a .08 percent blood alcohol content (BAC) will usually result in an immediate arrest. However, Breathalyzer tests are not always accurate, and they can often get thrown out in court so they can't be used as evidence against the victim.
As such, a police officer will try to gather more evidence against a defendant by taking notes about his or her appearance and behavior, and by subjecting the defendant to a field sobriety test.
A field sobriety test involves police officers taking a driver through a series of tests. Police will ask the diver to perform different tasks and judge the person's ability to successfully complete those tasks. Video footage and evidence gathered during the field sobriety test will then be used against the defendant during his or her criminal proceedings.
Here are a few things an officer could ask a driver to do in a field sobriety test:
What is auto-brewery syndrome?
Some people suffer from the rare condition that turns them into a walking beer factory. These individuals -- when they eat anything that has sugar in it -- suffer from an automatic process by which their bodies convert the food into beer, and this makes them unintentionally drunk. Although it's hard to imagine that it could be true, auto-brewery syndrome is real. Not only that, but in a New Jersey drunk driving case last year, a woman successfully defended against her drunk driving charges because of the condition.
The accused woman claimed that she enjoyed drinking as much as a gallon of orange juice a day, and that she was also a recovering alcoholic. On the night of her arrest, the woman says that she had been sober for nearly a decade, but she also felt drunk. In fact, the woman explained to the jury that she had been feeling strange for approximately a year before her DUI arrest. During the arrest, she blew a level .10 when given a Breathalyzer test.
What kinds of addiction treatments are available?
If you have been struggling with addiction, you likely want to get out of the vicious cycle that is plaguing your life. And your family and friends may be imploring you to get help as well. But sometimes it takes a real wake-up call to motivate an addict to get the help that he or she needs. And certainly, being arrested on drug charges can be a real wake-up call that tells you it is time to make drastic changes.
So, if you have come to the realization that you need treatment to pull your life back together, you may want to do some research regarding your possible options. The following are some of the primary types of addiction treatments:
- Short-term residential treatment, which is typically brief but intensive and takes a 12-step based approach.
What to do if you're charged with marijuana possession
Laws prohibiting the possession, sale and cultivation of marijuana have been repealed or changed in many states. This leads people to falsely believe that marijuana offenses are no longer a big deal. After all, it's legal in a half dozen states and decriminalized in a few others. However, law enforcement in the Waukesha area still take marijuana offenses very seriously. If you or someone you love has been charged with marijuana possession, it's critical that you speak with an experienced criminal defense attorney as soon as possible to minimize the impact of these charges.
Marijuana possession charges have real consequences
Getting caught with any amount of marijuana in Wisconsin won't result in a slap on the wrist. In fact, even first time offenders caught with a tiny amount for personal use still face six months of incarceration and $1,000 in fines. The first marijuana offense is a misdemeanor, but any subsequent offense will be charged as a felony.
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.
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's the status of federal marijuana decriminalization?
After years of different states legalizing same-sex marriage, the federal government finally legalized same-sex marriage for all across the entire United States. Could the same thing happen for marijuana? Not exactly, but many more states would likely come on board if the federal government decided to legalize the substance.
Senate Minority Leader Charles E. Schumer recently introduced a new piece of law that -- if passed -- would decriminalize marijuana under federal law and remove the drug from the federal government's controlled substances list. The proposed law is dubbed the "Marijuana Freedom and Opportunity Act."
According to Schumer, "The time to decriminalize marijuana is now." the senator described the legislation as "the right thing to do." He said that he hopes the legislation offers an approach that is sufficiently balanced to gain bipartisan support, not only in Congress, but also throughout the nation.
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