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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 Posted on March 22, 2017 in OWI/DUI

No one likes to have an ignition interlock device installed in their vehicle. In fact, it's an extreme inconvenience to have to blow into the device, and also embarrassing when passengers are in the car with you. Nevertheless, these devices play a crucial role in allowing those convicted of DUI to get back on the road as soon as possible.

In the state of Wisconsin, ignition interlock device usage is particularly common. In fact, the state was recently recognized by Mothers Against Drunk Driving (MADD) because ignition interlock devices in Wisconsin prevented more incidents of DUI than these devices have in any other state. In 2016, 37,299 instances of drunk driving didn't happen because drivers were blocked from using their vehicles by these devices.

MADD has made ignition interlock device laws it's top priority. When these devices are installed in a car, they prevent drivers from operating their vehicles if they have the smallest amount of alcohol on their breath.

Under Wisconsin law, any first-time drunk driver who had a blood alcohol content of 0.15 and up, in addition to all repeat DUI convictions, must install a breath interlock device in their cars.

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 Posted on March 21, 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 20, 2017 in Criminal Defense

The act of taking an item in a concealed manner and leaving without paying is called shoplifting. Although it is a larceny, it is considered a theft of someone else's property. Although taking something from a store is considered as shoplifting, there are some other cases that may also lead to shoplifting charges. Any scenario in which you take off with something without paying will be considered shoplifting under the law.

The charges and sentencing for shoplifting usually vary depending upon the type of offense committed. For example, if the stolen goods are of more value, the sentencing could be severe. Furthermore, dangerous items like weapons being stolen is a serious issue which is why the charges are always more severe. The prosecution has the right to decide what charge they want to press against the defendant. There are several factors that the prosecutor analyzes before coming up with any formal charges. They may have a look at the defendant's prior record to see whether there is a history of shoplifting. Defendants without any serious history of shoplifting might get off easier than one's who have a history.

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 Posted on March 17, 2017 in Drug Charges

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.

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 Posted on March 16, 2017 in OWI/DUI

It is easy to go out with friends to a party or a bar and have a few too many. Imagine having a night out and on your way home, a police officer pulls you over. The officer charges you with driving under the influence. A DUI charge can come with some very serious consequences. If convicted, you could face jail time, large fines and probation. Furthermore, a conviction on your record could limit future job prospects.

Along with the consequences mentioned above, you may also have to attend a DUI prevention program. If you are facing a DUI charge, it is important to understand your rights and options. A criminal defense attorney in the Waukesha area can review your case. Read further for more information on DUI schools and alcohol treatment.

State laws

DUI criminal courts at the state level, as well as the Department of Motor Vehicles (DMV), have the authority to order an offender to participate in classes or a treatment program that focuses on alcohol abuse. Usually, the court will take your completion of such a program into consideration when determining your sentence.

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 Posted on March 14, 2017 in Fraud

The state of Wisconsin has enacted numerous laws that govern the use of credit cards. It's also developed criminal statutes with associated penalties for the fraudulent use of credit cards. If you've been accused of any type of credit card fraud, it's important to know what the potential penalties are if you're convicted.

Here is a list of penalties associated with Wisconsin credit card fraud based on the class of the crime:

-- Class A misdemeanor: This charge relates to credit card theft, counterfeit credit card possession or the illegal use of a credit card to obtain property under $2,500 in value during a six-month period. This will result in a fine of as much as $10,000 and a prison sentence of not more than nine months.

-- Class I Felony: This relates to the crime of counterfeiting credit cards or illegally using credit cards to obtain property between $2,500 and $5,000. This will result in a fine of as much as $10,000 and a prison sentence of as much as three and a half years.

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