Free Consultations | Available 24 / 7

Call Us262-232-6699

711 W. Moreland Blvd. Suite 205
Waukesha, WI 53188
Recent blog posts

Waukesha County criminal defense lawyerEvery state in the country has an implied consent law. Basically, this law means that by accepting the privilege drive a vehicle, a licensed driver automatically consents to chemical or blood testing if a police officer has probable cause to believe that driver is under the influence of alcohol or drugs. Wisconsin’s implied consent law goes a step further. The state’s implied consent law contains a provision that stipulates that an incapacitated driver is “presumed not to have withdrawn” their consent of testing, even if they are not conscious.

This provision meant that police could conduct blood testing on a driver who was totally unconscious and unaware of what the police were doing. However, this will no longer be the case as the Wisconsin Supreme Court recently ruled that that provision is unconstitutional and violates the incapacitated driver’s Fourth Amendment protecting against unconstitutional search and seizure.

The Case

The unanimous decision was made by the justices in the case of State v. Prado. In December 2014, the defendant was severely injured in a car crash that killed the other driver. At the hospital, a police officer read the defendant, who was unconscious and intubated, the informing the accused script contained in the state’s implied consent law. Since she was unconscious, she did not answer the officer, however, because he thought he was within his rights under the law, he had a nurse obtain a blood sample without obtaining a warrant to do so first.

...

Waukesha family law attorneysFrom the physical and mental health of both parents to the wishes of the children, family law judges look at a number of factors before making custody and visitation decisions. They may also consider a parent’s use of drugs or alcohol because frequent use of these substances can impact a parent’s ability to take care of a child. If you are trying to gain custody of your children, but have a history of substance abuse, you should enlist the help of a Wisconsin family lawyer.

How a Judge May Respond to Parental Substance Abuse

Judges do not take alcohol or drug abuse in custody battles lightly. Parents who abuse these substances often neglect to give their children what they need. They may also put their kids’ lives in danger. For example, if a parent is heavily drunk and forgets to turn off the stovetop, it can increase the risk of a fire in the house. Judges want to prevent these sorts of incidents from occurring, so they are weary about awarding custody to parents with substance abuse issues.

If a judge hears an allegation that a parent is abusing drugs or alcohol, he or she will fully investigate that claim. A judge will typically have the accused parent take a drug test. If illegal drugs are found in the parent’s system, the court may award custody to the other parent.

...

Waukesha County family lawyerA Wisconsin divorce becomes even more stressful when there are children involved, especially if you and your spouse strongly disagree about what is best for them. The idea of losing custody of your children is devastating to even think about. Although navigating through a custody battle may not always be easy, you can take steps to increase your chances of a positive outcome.

Tips For Securing Custody of Your Children

In order to achieve the best possible result in your custody case, you must prove to the court that you are responsible and a good role model to your kids. Here are a few tips to help you maintain custody.

  • Make your children a top priority. Wisconsin courts prioritize a child’s best interests when making custody decisions. You should do everything you can to demonstrate your commitment as a parent. Always arrive on time for visits and be there to support your children.

    ...

Milwaukee criminal defense attorneyIf you have recently been charged with theft, you likely feel anxious and scared about your future. Whether you are dealing with a petty or felony theft charge, it can carry heavy consequences, like fines, jail time and a criminal record. It is important to consult with a Wisconsin criminal attorney about your case promptly.

How to Defend Against a Theft Charge

Just because you are facing theft charges, it does not mean you are automatically guilty, and it is possible to be acquitted or to have the charges against you dismissed. In order to have a successful outcome with your theft charge, you must have a good defense.

Here are several possible legal defenses for theft cases.

...

wisconsin domestic violence defense lawyerOne of the most debilitating, malignant, yet elusive social issues that plagues the United States today is domestic abuse. This form of violence occurs more often than anyone would care to admit; the National Intimate Partner and Sexual Violence Survey reported that around 1 in 4 women and 1 in 10 men reported experiencing physical violence, sexual violence and/or stalking in their lifetimes. Laws surrounding these crimes are now typically punished harshly and when possible, to the fullest extent of the law. In some cases, the officers may have no choice but to arrest the alleged suspect, due to the mandatory arrest policy for domestic violence situations.

How Domestic Arrests are Determined

Wisconsin law outlines a variety of situations in which arrests must be made after a domestic violence call has been made. If the police are called to the scene, they are required to make an arrest if they determine that a person is committing or has committed domestic abuse consistent with a crime against a family or household member, and one of the following is true:

  • The officer has reason to believe that such domestic abuse is likely to continue.

    ...
NTL BBB Best DUI Lawyers in Milwaukee EDWBA WACDL Commerce WCBA SBW
Back to Top