Posted on November 16, 2017 in Criminal Defense

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.

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 Posted on November 11, 2017 in Criminal Defense

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:

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 Posted on October 26, 2017 in Gun & Weapons Crimes

Wisconsin residents need to know their gun laws if they want to avoid unintentionally getting into trouble. One area of the law that could be subject to changes from year to year relates to machine guns, which are currently considered illegal in the state. Gun owners should review the following rules and regulations pertaining to machine guns to ensure that they don't get into trouble with state and local law enforcement regarding the firearms they possess and carry.

It is unlawful to transport, possess or sell a machine gun or fully automatic weapon unless these actions are performed in strict alignment with applicable gun laws. The term "machine gun" in this context relates to any firearm that can automatically shoot -- or automatically be rearmed to shoot -- over one shot at a time without the need to manually reload, simply by pulling the trigger of the weapon.

There are some exemptions to the above ban. For example, machine guns are exempt if they are:

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 Posted on October 22, 2017 in Drug Charges

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.

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 Posted on October 21, 2017 in OWI/DUI

Not everyone who is accused of drunk driving is guilty. In fact, Wisconsin police frequently make mistakes during traffic stops that lead to an inappropriate arrest. Here are three ways that false DUI arrests might happen:

Police thought you were driving when you were the passenger: Imagine your friend is the designated driver who is diligently taking you home from a party in your own car. However, on the way home, your friend gets into an accident. You both get out of your car to examine the damage, and when police arrive, they don't believe that your friend was driving. Instead, they assume that you were driving while drunk and they arrest you for a DUI.

You have mouth alcohol: Imagine you just drank an alcoholic beverage, so the alcohol is still in your stomach. You can also smell it on your breath. However, your blood alcohol level is well within the legal limit. If police pull you over, they might smell the alcohol and decide to give you a breathalyzer test. If you accidentally burp while doing the breathalyzer exam, it could result in mouth alcohol that elevates your breath test reading beyond the legal limit. Mouth alcohol happens frequently, which is why police must observe you for approximately 15 minutes before giving you a breath test to ensure that you haven't burped.

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 Posted on October 20, 2017 in OWI/DUI

If you've been accused of drunk driving, you're in danger of having a bad mark on your criminal record. That mark could get in the way of employment opportunities -- particularly ones that involve driving.

Different kinds of criminal background checks expose different types of offenses. Depending on the nature of the check, your prospective employer might discover your drunk driving charge. Although your employer -- be it a federal agency or a Wisconsin business -- cannot discriminate against you based on a drunk driving conviction without a valid reason, this kind of discrimination can happen under the radar.

Background checks and getting hired for a job

Under federal case law, federal courts have ruled that prospective employees can seek protection from hiring discrimination based on a prior drunk driving conviction. More specifically, courts have ruled that employees can receive protection from hiring discrimination via Title VII of the Civil Rights Act of 1964.

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 Posted on October 19, 2017 in OWI/DUI

The best way to handle a drunk driving charge in Wisconsin is to avoid getting arrested in the first place. Aside from becoming a teetotaler and refraining from drinking completely, there are a few precautions that every Wisconsin driver should make if he or she wants to prevent getting hit with this very serious criminal charge.

Here are a few tips from State Farm Insurance, which will prevent you from getting arrested and charged with a DUI:

• Select a designated driver for the night. This person will be your sober buddy who will make sure you get home safely without needing to drive drunk.
• Ask someone to give you a ride. If you're too drunk to drive, don't be shy to ask a sober friend to give you a lift. Most people will be happy to oblige.
• Take keys away from drunk people. If someone is intoxicated at a party, don't be shy to take the person's keys away from him or her. Even though the person might react negatively, think of it this way: You could be saving a friend's life.

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 Posted on September 29, 2017 in OWI/DUI

It's that time of year again: Labor Day weekend. A time when we spend the weekend with family and friends at fun barbeques and parties. Most Wisconsin residents look forward to this fun time to enjoy the last days of summer with the people we love. Wisconsin police also prepare for this time because it's when they increase their drunk driving patrols via the statewide "Drive Sober or Get Pulled Over" campaign.

The Drive Sober or Get Pulled Over initiative started on Friday, Aug. 18, and will not end until Labor Day, Sept. 4. Here's what the Director of the Wisconsin Department of Transportation's Bureau of Transportation Safety said about the campaign: "Whether it's caused by alcohol, prescription medications or other drugs, impaired driving is illegal, it's dangerous, and it risks the lives of everyone along our roadways."

Wisconsin drivers be warned: The Drive Sober or Get Pulled Over initiative means that extra officers will be patrolling the roads for more hours of the day. The increased visibility of police is meant to encourage people to drive responsibly and refrain from getting behind the wheel while drunk. The officers will also be conducting more arrests. WisDOT is encouraging drivers to download its Drive Sober mobile application which offers a blood alcohol estimator, a feature to select your designated driver for the night and a find-a-ride home feature, which helps you find alternative transportation if you become inebriated.

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 Posted on September 23, 2017 in OWI/DUI

When a Wisconsin driver gets pulled over and police suspect him or her of drunk driving, it can lead to an arrest and DUI charges. However, it's important to note that these incidents can happen in many different ways -- and sometimes the charges brought against the accused person are in error, or they are unlawful.

When faced with unlawful or wrongful DUI charges, accused motorists may need to defend themselves in court to preserve their legal rights and innocence of the crime. Accused persons will have a host of DUI defense strategies available to them, but depending on the facts pertaining to their cases, only a handful of defense strategies will likely apply.

Here are two less common defenses that may only apply to a select few circumstances:

• The person accused of DUI was not driving: Imagine you were riding with your friend as a passenger and you get into a car accident. Your friend was perfectly sober, but you were drunk. When police arrive, they wrongly accuse you of being the person at the wheel. Not only are you charged with DUI, but you're also charged with causing an accident and injuries while drunk. As such, your criminal defense will need to focus on revealing that you were not the person behind the wheel.

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 Posted on September 20, 2017 in Criminal Defense

Milwaukee was the host of the National Rifle Association's "Concealed Carry Fashion Show." The fashion show was intended to show off gun-toting fashion accessories.

The show included regular guys and regular gals as models who donned special gun-friendly clothing, bags and purses to model for the audience.

Details about the Concealed Carry Fashion Show

Approximately 30 companies were represented at the fashion show, including brand names such as Man-Pack and Femme Fatale. Many of the fashion pieces included shoulder bags and corset holders that were made to assist in the quick drawing and firing of a weapon.

The NRA has been promoting its fashion show for the last several months and even worked with a professional designer to coordinate and plan the event. Marketing literature from the NRA's press release before the event stated, "The Fashion Show will showcase the Expo's top concealed carry products and demonstrate the features and benefits to an audience of firearm enthusiasts and industry media."

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