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Recent Blog Posts
When an ignition interlock device required in Wisconsin?
Every year, thousands are injured in drunken driving accidents, and almost one out of three traffic deaths on American roads involve drunk driving. Wisconsin is no exception; in 2014 the Badger State saw nearly 2,700 injuries and 162 fatalities from alcohol related accidents.
To help reduce these frightening statistics, on July 1, 2010 Wisconsin Act 100 went into effect, which requires judges to order an Ignition Interlock Device (IID) in certain cases.
What is an ignition interlock device?
This is a device, similar to a breathalyzer, which is installed in the vehicle and measures the amount of alcohol in the driver's system. The driver must breathe into it, and if the alcohol level exceeds the pre-programmed amount, the device temporary locks the vehicle's ignition. The first fail results in the ignition being locked for a few minutes; each successive fail will disable the vehicle for a longer period. The data from each breath sample are sent to the institution that ordered the device.
When does assault turn into aggravated assault?
Weapons crimes are not crimes that states take lightly. People are often hurt when a person has been accused of committing weapons crimes, and there is often a harsh punishment if there is a conviction. In some cases, the crime is even escalated to a more serious crime. One example of this is when an assault charge is turned into aggravated assault.
The following factors will determine if assault should be considered aggravated assault:
- Status of the assaulted party.
- Intent of the person who committed the assault.
- Presence and use of a weapon during the assault.
- Degree of injury that has been caused to the assaulted party.
This is a serious charge and you may face severe consequences if convicted. When a person has been accused of aggravated assault, there is a chance that the crime will be considered a felony. In this case, the consequences for the crime could be harsh. However, depending on the degree of the assault, it is possible that the crime will be considered a misdemeanor and will carry a lesser sentence.
Where do common drugs fall under the federal drug schedules?
The federal government classifies controlled substances into five different schedules with Schedule I having the most severe criminal consequences attached to them and Schedule V having the least severe consequences. Familiarizing yourself with the following drug schedules is important if you've been accused of a drug crime or if you want to avoid getting in trouble with the law for a drug crime.
Schedule V: This category of drugs includes those that the federal government believes are the least dangerous in terms of their propensity for abuse, addiction and potentially damaging effects. They include: Parepectolin, Lyrica, Lomotil and Motofen.
Schedule IV: This category is believed to be slightly more dangerous than Schedule V. They include Darvon, Soma, Xanax, Valium, Ambien and others.
Schedule III: These drugs present a moderate to low threat of addiction and dependency. They include anabolic steroids, ketamine, testosterone and certain codeine-containing medications.
Which drug leads to the most arrests in Wisconsin?
Studies have been carried out to see which drugs are used most commonly across the United States, with results giving some indication of which drugs are most likely to lead to an arrest. In Wisconsin, it turns out that drug treatment centers most often deal with marijuana.
This is a common theme. Marijuana is also most common in Wyoming, Washington, Virginia, Texas, South Dakota, South Carolina, Oregon, Oklahoma, Ohio, North Dakota, North Carolina, Montana, Missouri, Mississippi, Minnesota, Michigan, Louisiana, Kansas, Iowa, Indiana, Idaho, Hawaii, Florida, Colorado, Arkansas, Alaska and Alabama.
The second most-common drug listed by treatment centers was cocaine. This too was common, as cocaine often ended up second on the list. It never topped that list, but did show very high usage levels all across the United States. The closest it got to the top was in Washington, D.C., though it was tied with heroin.
Another common drug, which wasn't used as often in Wisconsin, was methamphetamine. This doesn't mean it isn't used of that arrests aren't made, but it was No. 1 in states like Utah, Nevada, and Nebraska.
Who can't own a gun in Wisconsin?
The Second Amendment famously gives people in the United States -- including Wisconsin -- the right to bear arms. However, don't make the mistake of thinking that this right extends to everyone or can't be taken away. Under certain circumstances, it can, and not everyone is allowed to own a gun.
For example, under state law, anyone who has been charged with and then convicted of a felony is barred from owning a gun. If you have felony assault charges on your record, for example, then it's illegal to own a gun, even if you acquired it lawfully in the past.
The law also extends to say that it's illegal for anyone to own a gun if he or she has been convicted of a crime in another state, if that crime would have been a felony in Wisconsin. While many felonies are the same everywhere, this shows that you can't simply move to another state and get your gun ownership rights back. If you lost them in Michigan or California, you also lost them in Wisconsin.
Finally, state law says that those who are not convicted on the basis of insanity or mental defect are also not able to own firearms. These pleas can sometimes get a person out of the initial charges -- claiming he or she was not mentally capable of understanding the crime, for instance -- but Wisconsin says that's not enough for the gun ownership rights to stay in place.
Why plead not guilty in an embezzlement case? P.1
Last month, a Wisconsin woman who former worked at a Lutheran Church in Oak Creek was charged with embezzling almost $100,000 in her employment there. The woman had reportedly worked at the church in a variety of capacities over a four-year period of time, including as an administrative assistant and acting director through March of this year. In this capacity, she was given access to a debt card and bank account privileges for financial management of the church.
The woman reportedly resigned in March after the pastor inquired about her use of church accounts to pay for concert tickets. By the end of the month she had resigned from her position. Among the types of theft with which she was accused were: theft of payments for childcare fees; withdrawing funds from automatic teller machines and spending them on personal expenses; as well as inflated gas and grocery expenses. In total, authorities accuse the woman of embezzling $95,778.21, obviously a lot of money.
Earlier this month, the woman pleaded not guilty to the embezzlement charges. Sources say she was due back in court this week, but didn’t mention whether a trial date has been set. A guilty plea in such a case, it is important to understand, is not necessarily a denial of all criminal liability. In the criminal process, a defendant is presented with the charges against him or her in first appearances and may plead guilty or not guilty. In any case, of course, pleading guilty should not be done haphazardly, but with solid legal guidance to ensure the defendant has the opportunity to consider the charges, negotiate with prosecutors about resolving the case, and to weigh the risks and benefits of going to trial.
Why plead not guilty in an embezzlement case? P.2
In our last post, we began looking at a case in which a Wisconsin woman has been charged with embezzling nearly $100,000 during her employment at an Oak Creek Lutheran Church. Earlier this month, she pleaded not guilty to the embezzlement charges. As we said last time, there are a variety of reasons why a defendant might choose to plead not guilty in a criminal case.
One obvious reason is that the defendant denies that he or she is guilty of a criminal offense. In such cases, the defendant works to build a case that prosecutors do not have sufficient evidence to justify conviction on the charges. In the case of embezzlement, a lack of documentation that there was any theft, lack of opportunity to access company funds, the possibility of other individuals having stolen the funds in question, and other factors become important in such cases.
In many embezzlement cases, a not guilty plea is not so much about denying all liability, but about denying the accuracy of charges. A defendant, in other words, is not necessarily denying all guilt for missing funds, but the sufficiency of the state’s evidence, particularly with respect to the amount of stolen funds. Inaccuracy of criminal charges is no small matter in embezzlement cases, since the outcome of such cases depends on the amount of theft involved. In cases where the state has significant evidence of superstition, disputing the accuracy of the amount stolen can, therefore, become an important issue in an embezzlement case.
Why your Ignition Interlock Device is a friend, not an enemy
At Bucher, Wolff & Sonderhouse, LLP, we know that nobody wants to have an Ignition Interlock Device (IID) in their vehicle. These devices require you to blow into them, and if you have the smallest amount of alcohol on your breath, the device will render your car undrivable. You will also have to intermittently blow into the device while operating your vehicle.
Like it or not, if you've been convicted of drunk driving, you IID device could become a faithful companion for many months. You need to make sure you understand all the rules that apply to your IID to avoid getting into further trouble. You'll also want to know how it works so that you don't make a mistake that results in a legal violation.
How your IID is helping you
In the past, a drunk driving conviction could prevent you from driving an automobile for months. Losing your driving privileges is a significant problem in the modern world -- such a problem that many people with DUI convictions would continue driving. Lawmakers soon realized, after numerous repeat DUI offenses, that they needed a new strategy to prevent drunk driving.
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.
Wisconsin alternative drug treatment programs
Drug addiction is a mental and emotional illness, just as much as it can be a crime. Fortunately, more and more states are beginning to treat the mental health issues that cause drug offenses rather than simply sending people to jail.
Through alternative drug treatment techniques called Treatment Alternatives and Diversion (TAD) programs, states across the country -- including Wisconsin -- have helped many nonviolent drug offenders get the help they need through voluntary substance abuse treatment as an alternative to prison or jail sentences.
TAD programs in different Wisconsin counties
The TAD programs available to drug defendants in Wisconsin vary depending on the county where the alleged offense occurred. These programs have helped many people overcome their addiction problems. They have also saved taxpayers money because they bypass the costs associated with imprisonment.
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