Posted on July 13, 2017 in OWI/DUI

In Wood County, Wisconsin, the rules used to state that someone who had been picked up for drunk driving had to stay behind bars for at least 12 hours. Obviously, it could be longer if there were other charges, but simple DUI arrests meant 12 hours in jail to sober up.

Not anymore. Now, police are able to let drivers go before the 12-hour mark if they have a responsible adult who can take care of them.

For example, a 21-year-old college student who was picked up on DUI charges could be released to his or her parents.

Some say that the change is a good one, as it opens up jail space and may help save money. Others argue that these drivers need more time behind bars and are putting others in danger if they get out early.

The sheriff did explain it by pointing out that the people being released had simply been accused and arrested, not convicted. People who will eventually be cleared in court are arrested for DUIs all of the time, and it's dangerous to assume they're guilty. Legally speaking, everyone has the right to be presumed innocent unless the court shows otherwise.

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 Posted on July 11, 2017 in OWI/DUI

You did drink a little bit before getting behind the wheel. You had a glass of wine with dinner. However, it was just one glass, you never even felt buzzed, and you ate an entire meal. You didn't think you were impaired and assumed your Blood Alcohol Concentration was pretty close to zero.

However, when the police pulled you over for not coming to a complete stop at a stop sign, you told the officer you'd had a drink. You wanted to be honest and didn't think you were drunk, not by a long shot. The officer asked to do a breath test, and you agreed to it, figuring it was the fastest way to get done and on your way home.

Then you blew a 0.09.

You felt shocked. The police arrested you and charged you with drunk driving. You understood why -- you'd seen those results -- but what you didn't know was how you could possibly be anywhere close to the limit, let alone over it. You think the test must have been wrong.

Don't assume there's nothing to do or that you just have to accept the test. You do have options. For instance, here are three reasons a test may be wrong or unreliable.

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 Posted on July 11, 2017 in Gun & Weapons Crimes

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.

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 Posted on June 26, 2017 in Theft

Wisconsin residents who charged with theft crimes face the threat of spending quite a bit of time in prison or jail if they are convicted. The severity of the punishments will increase dramatically based on the value of the property that was allegedly stolen. However, those accused of theft or larceny will have the ability to defend themselves in court.

Here are three common defenses used in theft crime trials:

-- You are the owner of the property: Perhaps you didn't steal the property at all, and you're the owner. If this is the case for you, then all you have to do is prove that you are the owner of the property and/or you have a valid claim to the property.

-- You were drunk: It might seem like a strange defense, but when people are intoxicated, they are not in their right minds, and they might confuse someone else's property with their own. For example, maybe you picked up someone else's cellphone or jacket at a bar because you were intoxicated and confused it with your own.

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 Posted on June 22, 2017 in Criminal Defense

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."

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 Posted on June 15, 2017 in OWI/DUI

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.

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 Posted on June 14, 2017 in Criminal Defense

It's natural for human beings to draw, paint and decorate their environments, but when it comes to doing this on another person's property without permission, it's referred to as vandalism and it's unlawful. Vandalism as a crime encompasses a broad range of things.

Vandalism is typically defined as a willful act intended to alter, destroy, deface or significantly change another person's property. It may include the following acts:

-- Keying or using something else to scratch paint off someone's vehicle

-- Breaking windows

-- Defacing a piece of public property

-- Making graffiti on someone's property

-- Egging a person's window or vehicle

-- Spray painting someone's property in order to deface it

-- Slashing a vehicle's tires

-- Changing or pulling down street signs

-- Damaging or kicking someone's property

-- Defacing a park bench in any way

Charges relating to vandalism may also arise out of a person simply possessing objects or tools that are likely to be used for the purpose of committing vandalism. These objects might include spray paint, normal paint, permanent markers, glass cutters, drill bits or other substances and items.

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 Posted on June 12, 2017 in Criminal Defense

The day that you are arrested for a criminal activity, your focus becomes getting out of jail. Most people don't want to have to sit in the local jail or county lockup while their case is moving through the criminal justice system.

In many cases, the criminal court will issue bail for a person who was arrested. This is a financial assurance that the person will report back to court at the appointed times. There are several things that people should know about bail.

Bail vs. bond

The court issues a bail amount. You have two options for this -- you can pay the court the entire bail amount or you can contact a bail bondsman. In some cases, you can get out of jail by going through a bail bondsman to pay a portion of that bail to get out of jail. In exchange for money, the bondsman writes a bond that covers the remainder of the bail amount. This enables you to get out of jail without having to fork over the entire bail amount.

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 Posted on June 10, 2017 in Drug Charges

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.

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 Posted on May 25, 2017 in OWI/DUI

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.

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