Posted on April 23, 2017 in Criminal Defense

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.

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 Posted on April 22, 2017 in OWI/DUI

A DUI charge can happen to any Wisconsin resident who takes the risk of driving after drinking alcohol. However, in some cases, a Wisconsin driver will find him or herself facing drunk driving charges again and again. Drivers need to be very careful after being charged with multiple DUI offenses because the punishments will get more severe with each consecutive conviction.

In one such case, a Milwaukee man with seven drunk driving convictions on his criminal record has been arrested and accused of drunk driving for the 8th time. Police arrested the man after his van collided with a trailer, according to the sheriff's office.

The collision happened a little before 6 p.m. last Tuesday on Interstate 43. The man was driving northbound on the highway when he allegedly collided with the trailer. Police say that the man admitted to drinking a martini and taking Adderal before getting into the crash. When authorities tested his blood alcohol content, he allegedly tested with a BAC of 0.18 percent, which is more than double the legal limit.

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 Posted on April 19, 2017 in OWI/DUI

In Wisconsin's Waukesha County, a drunk driving charge is formally referred to as Operating While Intoxicated (OWI). There are various ways to be charged with an OWI offense, including driving with a blood alcohol content (BAC) of 0.08 percent or higher; driving under the influence of an illegal drug or other controlled substance; driving with a noticeable measure of restricted or controlled substance in the blood; or driving under the influence of any intoxicant such as alcohol, prescription or over the counter medication, or an illegal or controlled drug.

When pulled over by the police, most people's first inclination is to volunteer information. Although it is generally not wise to refuse to speak with an officer asking routine questions, it would be wise to avoid embellishing or providing extra information. This is because the probability of incriminating yourself or providing more facts that support your guilt increases the more you speak. Rather, you should be polite, calm, and cooperative with the police.

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 Posted on April 18, 2017 in Criminal Defense

Individuals convicted of a felony in the state of Wisconsin are not permitted to possess a firearm. In fact, if you are convicted of firearm possession following a felony conviction, you will face stiff criminal punishments.

Wisconsin Act 109 establishes the penalties associated with firearm possession by a felon. However, before describing these penalties, it's important to understand who can and cannot possess a firearm in Wisconsin. If you can answer yes to any of the following questions, then you are not permitted to possess a firearm:

-- Have you had a prior felony conviction?

-- Were you adjudicated delinquent regarding an act that, had you been an adult, would be considered a felony.

-- Did you receive a verdict of not guilty for a felony act because of mental disease or mental defect?

If you answered yes to any of the above, then firearm possession for you is a Class G felony that can be punished with up to a 10-year prison sentence and up to a $25,000 fine. If your prior felony conviction involved a violent crime, and your firearm possession happened within five years of the violent offense, then you could be in danger of a mandatory three-year minimum sentence.

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 Posted on April 17, 2017 in Gun & Weapons Crimes

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.

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 Posted on April 14, 2017 in OWI/DUI

The state of Wisconsin has seen a dramatic decline in drunk driving deaths. Due to law enforcement efforts, education programs and criminal penalties during the last decade, deaths caused by drunk driving have decreased by 50 percent, believe it or not. However, there is a new kind of behavior that is increasing the total number of roadway fatalities: distracted driving.

Everyone knows that if you're drunk and you cause an injurious car accident, you could go to jail, but did you know that if you're texting-while-driving and you cause a deadly or injurious accident you could also go to jail? These days, law enforcement officers commonly check for evidence of cellphone usage following a catastrophic accident.

No social stigma attached to texting-while-driving

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 Posted on March 29, 2017 in Criminal Defense

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.

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 Posted on March 28, 2017 in OWI/DUI

If being charged with operating a vehicle under the influence of alcohol were like most other driving-related charges, you could simply settle the matter by paying a fine and moving on with your life. But DWI, DUI and OWI charges are far more complicated. The state of Wisconsin takes drunk driving offenses very seriously and is prepared to hand out very severe penalties for those who are convicted.

Of course, if you are charged with operating under the influence, you will be facing a fine, but that is likely the least of your worries. Every other possible penalty can put a major pinch on your life and your wallet. For example, for a first-time conviction, you could be required to outfit your car with an Ignition Interlock Device for up to 12 months. And you will be financially responsible for the installation and maintenance of the device.

You could also have your driving privileges revoked for as long as nine months. If this happens, you will be forced to find alternative forms of transportation, the cost of which you will have to cover. And even your auto insurance premiums could be raised.

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 Posted on March 27, 2017 in Drug Charges

Depending on who you ask, the so-called war on drugs has been either ineffective or a complete disaster. Indeed, attitudes about drugs seem to be changing in the country with medical marijuana becoming the norm and recreational pot find support in several states. However, drug possession charges can be complicated in that they can be governed and prosecuted at both the state and the federal level. Laws and the ways they're enforced can vary from one state to another also, which makes defending yourself against charges even more confusing.

To boil it down to its most basic part, a drug possession charge must have two elements: the person had to know that the substance was controlled and had to knowingly possess it. The law generally divides possession into two types: possession for personal use and possession with the intent to distribute. It's an important distinction because the penalties can be at opposite ends of the spectrum. Simple possession could mean a fine whereas possession with intent could land you in prison for a long time.

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 Posted on March 24, 2017 in Criminal Defense

Organized retail crime (or “ORC”) is a type of crime that involves multiple actors. It appears that some people have realized that certain retail items are extremely valuable when they are sold on the street and have organized their efforts to hit stores in a coordinated fashion to maximize their bang for the criminal buck. These organizations are relatively new and only recently began attracting media attention. This post will go over ORCs and the potential consequences for people who are caught participating in them.

These are not “fly by the night” organizations. Many ORCs and their associated criminal enterprises can make millions of dollars a year reselling stolen goods. The initial thefts, the boosters, and fencers who eventually sell the products all stand to make major profits on sales of stolen goods.

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