Free Consultations | Available 24 / 7
262-232-6699
711 W. Moreland Blvd. Suite 100,
Waukesha, WI 53188
Recent Blog Posts
What Are the Consequences for Disorderly Conduct in Wisconsin?
One of the most commonly charged crimes in the state of Wisconsin is disorderly conduct. This can include a variety of behaviors ranging from public intoxication to yelling at a police officer. The crime of disorderly conduct is often referred to as a “catch-all” crime, meaning it can be applied to a wide range of behaviors and actions. Even though it may seem like a minor offense, being charged with disorderly conduct is still a crime that can result in significant consequences. If you have been charged with disorderly conduct in Wisconsin, it is imperative that you consult with a skilled criminal defense lawyer to understand your options.
What Is Disorderly Conduct?
According to Wisconsin statutes, disorderly conduct occurs when a person “engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance.” Basically, this means you can be charged with a crime if you act in such a way as to provoke or disturb someone in particular or the public in general.
How Is Child Support Calculated in Wisconsin?
Traditionally, child support payments were a product of divorce proceedings. If a husband and wife got divorced, the wife was typically granted sole custody of the children, while the husband had designated visitation rights. The husband would also pay a certain amount to the wife each month to help with the cost of raising the children. In today’s world, the situations in which child support is awarded have vastly changed, although the general purpose still remains the same. Child support is intended to be used for expenses relating to the child, such as clothing, food, and other essential items. Most courts across the country have agreed that both the mother and the father have the responsibility of financially providing for their children, regardless of where the child lives. Child support calculations can become confusing, but an experienced family law attorney can help explain the legal process.
Can I Refuse to Take a Breathalyzer Test During a Wisconsin OWI Stop?
Since the 1980s, both state and federal agencies have attempted to reduce the number of drunk driving accidents that occur. For the most part, this has succeeded. In Wisconsin, there were nearly 30,000 alcohol-related traffic crashes in 1980. By the time 2015 rolled around, there were only 5,174 alcohol-related traffic crashes recorded in Wisconsin. Even though the number of drunk driving accidents decreased immensely, they still remain a significant safety issue. Wisconsin OWI laws are taken seriously and are often enacted to their full extent. That is why if you or someone you know is charged with OWI, it is crucial to hire an experienced criminal defense attorney to make sure your rights are protected.
Implied Consent Laws in Wisconsin
Nearly every state in the United States has an implied consent law that requires drivers to submit to chemical testing if they are suspected to be driving while intoxicated. Wisconsin is no exception. If you are driving a vehicle in Wisconsin, you are deemed to have given your consent to submit to “one or more tests of blood, breath, or urine.” These tests are used to determine the amount of alcohol or drugs in your system, and they are typically performed after a person has been arrested on suspicion of drunk driving.
Who Can Own and Possess Firearms and CCW Licenses in Wisconsin?
Since the United States was founded, citizens have always had the right to own and possess firearms. Although this right is guaranteed by the U.S. Constitution, there are certain restrictions that can limit some people from having a firearm or carrying a concealed weapon. Both the state of Wisconsin and the federal government have laws pertaining to eligibility for owning or possessing a firearm or legally carrying a concealed weapon. Citizens of Wisconsin are not only subject to Wisconsin laws involving firearms, but also federal laws. Violating these requirements can result in serious charges that can carry harsh penalties.
Eligibility For a CCW License
Wisconsin is one of the states that does not mandate its residents to have any type of permit or license to own or possess a firearm. While you can own a firearm without any additional state requirements, there are obligations that you must meet if you want to get a concealed carry weapon (CCW) license, which is necessary to legally carry a concealed weapon in the state of Wisconsin. To be eligible for a CCW license, you must:
Top Tips for Creating a Wisconsin Parenting Plan
Ending a marriage can be extremely difficult for many reasons. For some couples, their union ends in heartbreak with much tension between them. In other cases, the split is more peaceful, and ending the marriage allows the couple to close a chapter of their life in anticipation of a fresh start. Whatever the reasons, if you are a parent who is considering a divorce, it is important to realize that even though your marriage is over, your role as a parent does not stop. You will always be in your ex-spouse’s life, because you share children together, and it is both of your jobs to ensure your children are taken care of after the divorce.
Filing a Parenting Plan
Planning for how you will raise your children together after your Wisconsin divorce can be a tedious process. Wisconsin courts require parents to attend mediation sessions in order to create a parenting plan. If you and your spouse are able to reach a resolution on a parenting plan, the court will typically approve it, as long as the terms of the plan are reasonable, and both parents voluntarily agree to it. If the court waives the need for mediation, or if you and your spouse attended mediation and were unable to come to a mutual arrangement on matters, you will each have to submit a proposed parenting plan to the court in writing within 60 days.
What Are the Penalties for OWI in Wisconsin?
One of the most common crimes committed with a vehicle is driving while under the influence of drugs or alcohol. In Wisconsin, this is referred to as operating while intoxicated (OWI). Some of the most deadly and serious car accidents occur because of people driving when they are drunk or high on drugs. According to the Wisconsin Department of Transportation, there were nearly 30,000 OWI arrests that took place in 2015, with more than 5,000 alcohol-related car crashes. In the past few decades, more emphasis has been placed on preventing drunk driving, with one strategy being to increase the consequences for committing an OWI. In Wisconsin, penalties for OWI can range from a simple fine to jail time or felony charges, depending on the situation.
First-Offense OWI
In Wisconsin, a first-time OWI offense is not technically considered a criminal charge. Rather, it is classified as a petty offense that results in a fine and a driver’s license suspension. If you are caught driving while under the influence for the first time, you will be subject to a fine between $150 and $300, a $435 OWI surcharge, and a six- to nine-month driver’s license suspension. However, you can apply to get an occupational license immediately. An occupational license allows you to drive to certain places, such as work, school, church, or the grocery store.
2 common defense stories used by criminal defendants
There are too many reasons to name that could result in someone facing criminal allegations. For one, it's hard to keep track of everything that's illegal these days, and one false move could land you facing criminal charges. Secondly, numerous individuals get arrested and accused of crimes they didn't commit. Regardless of your situation, if you're facing criminal charges, it's time to familiarize yourself with the various criminal defense strategies that might apply to your situation.
Here are two common criminal defenses that – depending on the facts and circumstances of your case – might help your situation:
1. The admit and explain story: Using the "admit and explain" defense, a defendant will admit to the physical act the prosecution has accused them of performing. However, the defendant will offer additional explanations to reveal why the action wasn't a crime.
2 common ways to defend against a murder charge
When police accuse suspects of theft crimes, the accused faces serious offenses that could come with stiff penalties in the event of a conviction. However, a theft crime is nothing compared to the crime of murder in terms of potential consequences.
As such, if prosecutors have included a murder charge with your theft charges, you will want to take your criminal defense process very seriously. There are numerous legal strategies that might be available to a murder defendant.
Consider the potential of an insanity defense. If an individual kills another person, and he or she was insane at the time, or if he or she was not cognitively able to understand what he or she was doing or that it was wrong, then the defense of insanity could be suitable. The insanity defense is often supported by psychological expert witnesses who render their opinion as to the psychological state of the accused individual.
2 Madison-area men arrested and charged with heroin crimes
No one intends to get arrested and accused of drug crimes, but sometimes -- whether it's because they were simply in the wrong place at the wrong time or they actually committed a narcotics-related offense -- Wisconsin residents may find themselves in trouble with the law. In one recent case, Madison-area law enforcement authorities arrested and charged two men with possessing large quantities of heroin and selling it to smaller drug dealers in the region.
On June 26, police arrested a 40-year-old Sun Prairie man and a 39-year-old town of Madison man. The arrest was made on tentative heroin possession charges with the intent to maintain a drug house and deliver drugs.
The operation was completed by the Dane County Narcotics Task Force, the Wisconsin State Division of Criminal Investigation. Members of these police agencies entered and searched both of the men's separate residences -- presumably with search warrants -- proceeded to search the homes and ultimately arrested the men.
2 ways to defend against drunk driving charges
Police arrest countless individuals on drunk driving charges every evening. However, police and the protocol they use to identify and charge people with intoxicated vehicle operation are not fool-proof. It's very possible for law enforcement officials to make a mistake and arrest someone intoxicated driving, when the accused was completely and undoubtedly sober. For this reason, every person accused of drunk driving will have the right to defend him or herself against the charges – no matter the facts and circumstances surrounding the arrest.
There will be numerous legal strategies available to defendants as they navigate their criminal charges. Such strategies may include:
1. Challenge evidence presented by the prosecution
The prosecution may provide evidence relating to the results of your field sobriety test and the results of Breathalyzer, urine or blood tests that measure alcohol content. The prosecution may also present witnesses who allegedly witnessed the driver's state of inebriation. Camera footage from bars and restaurants and from the street before and during the drunk driving stop may also be used as evidence.
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
