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Recent Blog Posts
An overview of organized retail crime
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.
Anyone can find him or herself arrested on narcotics charges
The police in Wisconsin use a lot of clever tactics to track down, gather evidence and charge individuals with drug crimes. Sometimes, police and prosecutors build very strong cases against the people they accuse. Other times, the cases aren't that strong. In fact, it's not uncommon for police to arrest and charge a completely innocent person with a drug crime that he or she never committed.
Here are the three most common drug crimes that a Wisconsin resident might face in this regard:
Possession: This involves actually having real drugs on your person or in a location that's under your control, like a storage unit, apartment, vehicle or simply stuffed in your clothing. Small quantities of controlled substances could lead to simple possession charges, while larger quantities could lead to the more serious drug offenses that follow.
Manufacturing: If police barge into a home or backyard to find a drug production operation -- be it a farm, chemistry lab or some other kind of processing facility -- they will likely charge the person in control of the operation with drug manufacturing.
Are firearms prohibited from federal property?
It's important for any gun or weapon owner to understand the restrictions that prohibit the carrying of certain firearms onto federal property -- especially if the weapon owner frequently carries weapons on his or her person. Failing to understand these restrictions could result in falling into serious legal trouble with the federal criminal law system.
Here is a complete list of firearm items -- and other weapons -- that you are prohibited from carrying onto a federal facility:
- Anything that could be considered a dangerous weapon.
- Explosives and destructive devices, including their individual parts and components that could be converted into a dangerous weapon that would cause death, serious injury or property damage.
- Projectile weapons and firearms, including airguns, BB and pellet guns, antique firearms, flare guns, replica guns, toy guns, spearguns, starter pistols, stun guns and cattle prods, ammunition and slingshots.
Are nunchucks illegal in Wisconsin?
Nunchucks, a.k.a "nunchaku" are usually two wooden sticks or two metal pieces of pipes connected by a rope or chain on one end. They are used by martial artists and other weapons enthusiasts as protection in many cases. They are also classified under Wisconsin law as "dangerous weapons." Therefore, much as someone tries to tell an officer that they're just two pieces of wood connected by a rope, nunchucks will definitely be viewed as dangerous weapons by the police and, therefore, they will be subject to specific rules and regulations.
Here are a few things to keep in mind about dangerous weapons and nunchaku in Wisconsin:
- In terms of carrying and possessing nunchucks, the law reads as follows: "No person may carry, possess or use any dangerous weapon, except with the written approval of the chief of police or his or her designee or for law enforcement purposes. Dangerous weapons not approved by the chief of police may be confiscated by a police officer."
Are you too drunk to drive? Here's how to tell
Most people who have had a little bit to drink will err on the side of caution and take an Uber home or ask a friend to give them a ride. What happens if you're somewhere in the middle, and you're not sure if you've had too much to drink? What if you're trying to determine if your friend has had too much to drink before letting him or her drive you home?
Whenever you're not sure of how drunk you or your friends are, it's safest to take an alternate way home and avoid driving altogether. That said, here are a couple methods you might want to use for evaluating the state of someone's intoxication:
- Take the one drink an hour test. Add up the number of hours you've been drinking and add up the number of drinks you've imbibed. If the number of drinks exceeds the number of hours, there's a very good chance you're too drunk to drive. That said, you can't drink one beer in the first hour and five beers during the sixth hour. Also, you can't drink five beers on the first hour and one beer on the sixth hour. Use common sense at all times, and remember that smaller people have lower tolerances.
Avoid drunk driving charges over Labor Day weekend
It's that time of year again: Labor Day weekend. A time when we spend the weekend with family and friends at fun barbeques and parties. Most Wisconsin residents look forward to this fun time to enjoy the last days of summer with the people we love. Wisconsin police also prepare for this time because it's when they increase their drunk driving patrols via the statewide "Drive Sober or Get Pulled Over" campaign.
The Drive Sober or Get Pulled Over initiative started on Friday, Aug. 18, and will not end until Labor Day, Sept. 4. Here's what the Director of the Wisconsin Department of Transportation's Bureau of Transportation Safety said about the campaign: "Whether it's caused by alcohol, prescription medications or other drugs, impaired driving is illegal, it's dangerous, and it risks the lives of everyone along our roadways."
Wisconsin drivers be warned: The Drive Sober or Get Pulled Over initiative means that extra officers will be patrolling the roads for more hours of the day. The increased visibility of police is meant to encourage people to drive responsibly and refrain from getting behind the wheel while drunk. The officers will also be conducting more arrests. WisDOT is encouraging drivers to download its Drive Sober mobile application which offers a blood alcohol estimator, a feature to select your designated driver for the night and a find-a-ride home feature, which helps you find alternative transportation if you become inebriated.
Bail: When there isnt any get-of-jail-free card
The day that you are arrested for a criminal activity, your focus becomes getting out of jail. Most people don't want to have to sit in the local jail or county lockup while their case is moving through the criminal justice system.
In many cases, the criminal court will issue bail for a person who was arrested. This is a financial assurance that the person will report back to court at the appointed times. There are several things that people should know about bail.
Bail vs. bond
The court issues a bail amount. You have two options for this -- you can pay the court the entire bail amount or you can contact a bail bondsman. In some cases, you can get out of jail by going through a bail bondsman to pay a portion of that bail to get out of jail. In exchange for money, the bondsman writes a bond that covers the remainder of the bail amount. This enables you to get out of jail without having to fork over the entire bail amount.
Can you get a DUI if you're not moving?
You have a few drinks at the bar and decide to drive home. On the way there, you notice that your car is running out of gas. You pull into a gas station, fill up and then head into the station to pay.
When you come out, a police officer has stopped at the pump next to yours. You feel nervous, so you go back into the building. Then you realize that looks suspicious, so you go back out and head to your car. The officer says hello to you, and you try to casually say hello back, but you stumble over your words.
You get in the car and turn it on. The officer is still watching you, and suddenly the alcohol hits you a little harder. You put your head down on the steering wheel. The motor is running, but the car is still in park. As you look up, the officer walks over and asks you to get out of the vehicle. You wind up getting arrested for a DUI.
How could this happen? You did not drive anywhere. The car was in park. Don't you have to be driving to get charged with driving under the influence?
Can you get charged with drunk driving a lawn mower?
When it comes to the various ways you can get from A to B, human beings have a lot of options. You could hop on a bicycle, a skateboard, a jet ski, a unicycle, a golf cart – and even a riding lawn mower – if you wanted to. The thing is, even though these vehicles are not automobiles, when you operate them, you must follow the rules of the road. As such, you can get arrested for drunk driving a lawn mower in Wisconsin. In fact, this is exactly what happened to a man in Pennsylvania.
According to police, a 55-year-old man was driving his lawn mower with an open beer can during the early morning hours. Police further alleged that the man smelled of alcohol and when they searched the storage compartment of his lawn mower, they found an empty beer can. The man claimed he was riding the lawn mower to his home, which was six miles away.
Charged with drunk driving? You may have to go to DUI School
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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