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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 Posted on March 12, 2017 in Criminal Defense

Weapons crimes are capital felonies that should be taken seriously by all Wisconsin residents. Just to remind those who might not know, weapons crimes refer to atrocities arising from the illegal possession of arms irrespective of your intentions or location. In most cases, being convicted of weapons charges can adversely your freedom, let alone your reputation. To aggravate the situation, a harsh penalty awaits you once the jury brands you a criminal. Most felonies revolving around illegal gun possession tend to escalate out of control, hence the need to enforce stiff penalties to perpetrators.

Weapons Crimes lead to grave consequences with murder being the unfortunate fatality to victims. The possession of a weapon during the commission of a felony is widely considered to be a malicious intent to exploit an unsuspecting victim. However, the sentencing of such a convict greatly depends on the following factors necessary in the execution process of the intended crime:

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 Posted on February 27, 2017 in Theft

There are people all over who make the decision to commit a crime. While some are able to get away with the wrong they have done, not all of them can say they have been successful. Being charged with a theft or property crime like shoplifting or burglary can have a negative effect on your life. However, depending on how the crime is classified, the consequences may not be as harsh as some people believe.

Taking something that does not belong to you is what makes it a crime. A theft crime is typically categorized as petty or grand. When courts are determining which category a crime should fall into, they will consider various things, including the kind of property that was stolen and how much it was worth.

In many states, when a crime is considered petty, the property that was stolen is not valued above a certain amount. For example, if a bracelet was less than $1000, the courts may decide that it was a petty crime. When a crime is considered grand, the value of the item or items stolen exceeds that of a petty crime. These two crimes also differ because one is usually considered a misdemeanor, and the other is considered a felony.

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 Posted on February 22, 2017 in OWI/DUI

The government of Wisconsin, along with a prominent group of bar owners, is looking to change the way the state deals with repeat DUI offenders. The Badger State saw 24,000 convictions in 2015 for DUIs, which averages out to 66 per day.

A new legislative package being introduced is designed to make the penalties for drunk driving harsher:

• It would change the minimum sentence for a drunk driving homicide to five years.
• It would change the six-month minimum sentence for five- and six-time offenders to 18 months.
• It would add prosecution for drivers who were caught driving without the court-imposed ignition interlock device. This would be on top of any penalties for driving without a license.

Previous bills like the ones being considered now have failed because of the increased costs it would add to every Wisconsin taxpayer's annual bill. The new legislation doesn't include anything about upgraded penalties for first-time offenders. Right now, first offenses are treated like a traffic violation rather than a criminal offense.

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 Posted on February 17, 2017 in OWI/DUI

In general, a police officer can stop a driver if she has reasonable suspicion of criminal behavior. Furthermore, an officer that thinks you have committed a crime can stop and detain you for a brief period while she conducts a limited investigation. Perhaps this is what happened to you while you were driving home from the weekly family dinner at your parents' house.

You had left your parents' house and had made it almost halfway back to your apartment when a police officer pulled you over. As far as you knew, you were not speeding, you were not weaving and your headlights were on. Next thing you knew, the officer was handcuffing you and placing in the back of her cruiser.

Was there reasonable suspicion?

In order to be legal, your drunk driving arrest had to begin with the officer having reasonable suspicion that you were involved in some sort of criminal activity. This is the case even if you were not engaging in any illegal behavior. If the officer did not have reasonable suspicion for the stop, then it is possible that the court will dismiss your case. An experienced Wisconsin criminal defense attorney can guide you through the process of dealing with a DWI charge.

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