Posted on October 25, 2016 in Fraud

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.

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 Posted on October 21, 2016 in Drug Charges

Something readers may not be aware of is that federal regulators have the authority to limit the amount of controlled substances which may be manufactured in the United States on an annual basis. Under the Controlled Substances Act, the United States Attorney General is required to set annual manufacturing quotas for basic classes of Schedule I and II controlled substances to ensure an adequate supply.

The federal Drug Enforcement Administration, which is the agency delegated the authority to handle such matters, recently issued a final order establishing initial aggregate production quotas for 2017. The new numbers reportedly represent a 25 percent reduction in production for almost all Schedule II opiates and opioid medications, though the manufacture of certain medications was reduced by an even greater amount.

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 Posted on October 16, 2016 in Criminal Defense

Previously, we began looking at the problem of increased opioid abuse across the country and here in Wisconsin. Along with the surge in prescription drug abuse, one of the positive developments has been that lawmakers have taken an approach to the problem which is not merely punitive, but aimed at addressing the addiction itself.

For instance, Rep. John Nygren of Marinette was successful in passing measures back in 2014 which address the problem with education, increased access to a drug which counteracts the effects of heroin overdose, immunity for those who report suspected heroin overdose or transport an overdose patient to the hospital, and allowing municipalities to hold prescription drug collection drives and require identification to obtain prescription narcotics.

Other creative solutions to the problem are coming from the federal government. One example is the Madison Police Department’s participation in a federal grant program which involves “smart policing” in dealing with drug users. Under the pilot program, known as the Madison Addiction Recovery Initiative, nonviolent drug offenders are given the option to receive treatment instead of going through the criminal process.

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 Posted on September 27, 2016 in OWI

Drunk-driving, as readers know, is differently regulated by the states such that the consequences of DUI charges vary depending on where the case occurs. While every state, it seems, holds reduction of drunk-driving as an important goal in principle, some states focus more on criminal penalties in battling the problem than others.

States can focus their efforts in a number of areas in the fight against drunken driving, though, not just with respect to criminal penalties. A recent analysis by Wallet Hub actually ranked the states according to their overall strictness when it comes to addressing the problem of drunken driving. The survey looked at a number of parameters in making the evaluations, including those relating criminal penalties and prevention efforts.

Among the criminal penalties evaluated were: minimum jail times and fines for a first and second conviction; when a DUI charge becomes a felony; the length of time a DUI may factor into penalties for a new DUI; whether additional penalties are imposed for a higher blood alcohol concentration; and whether states impose penalties for child endangerment. Also considered were: ignition interlock requirements; administrative license suspension; whether vehicles are impounded after a DUI arrest; whether sobriety checkpoints and “no-refusal” initiatives are used, and whether alcohol abuse assessments or treatment are mandatory.

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 Posted on September 20, 2016 in OWI

At least two changes occurred earlier this year making Wisconsin stricter in how it deals with drunk-drivers. One of the changes was a new law that removed the right of first time drunk-drivers to refuse providing a blood sample to law enforcement. The new law, which went into effect back in March, allows officers to request a warrant for a blood sample. Then a second law went into effect in April which made a fourth drunk-driving offense automatically a felony. Previously, such offenses were misdemeanors in most cases.

These changes are both part of the landscape of Wisconsin’s drunk-driving policy. In our last post, we began looking at a recent analysis conducted by the website WalletHub which ranked the states according to their strictness in addressing drunk-driving. As we noted, the state of Wisconsin ranked at number 37, meaning that the state is closer to the lenient side in its DUI policies. As the above changes in law demonstrate, though, it is becoming stricter.

The WalletHub analysis highlighted a number of points concerning Wisconsin’s drunken driving policy and landscape:

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 Posted on September 19, 2016 in Criminal Defense

Previously, we commented on the importance of criminal defendants working with an experienced attorney to carefully scrutinize the actions of law enforcement officers and agents to protect their constitutional rights and to build a strong criminal defense case. The way in which law enforcement carries out its duties can and does come into play in criminal defense work, and criminal defendants deserve to know how to take advantage of the protections built into the process.

One of the tactics commonly used in law enforcement is sting operations, which come in different forms, including setting up fake businesses to catch criminals in the act. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has, in the past, heavily used this strategy in the form of undercover storefront operations. As a recent article noted, though, the use of fake storefront operations in law enforcement has been, and continues to be, problematic.

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 Posted on September 16, 2016 in Criminal Defense

Combating drug trafficking and related crimes is a high priority for law enforcement officials at both the state and the federal level, and government spends significant resources every year to target drug offenders. Law enforcement officials are particularly keen to target operations that serve as hubs in the drug market, such as the Milwaukee-based group known as “Bless Team”.

The group, according to law enforcement has been connected to 22 drug overdoses and is suspected of daily involvement in criminal activity in the city of Milwaukee. A number of members of the group, whose videos can be watched on YouTube, have already been convicted of drug-related crimes, and more cases are in the works. These cases are possible in large part because of focused efforts to target the group.

Wisconsin’s High Intensity Drug Trafficking Areas (HIDTA), which consists of 12 area police agencies, has put a particular focus on fighting the Bless Team, using a variety of tools to halt their activity. These tools include surveillance of the mobile houses vehicles with tinted windows used by the group, as well as informants who can provide details about the group’s operations.

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 Posted on September 16, 2016 in OWI

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.

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