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Recent Blog Posts
Citizens are pushing back against anti-marijuana laws
The question of marijuana is one of the hot topics across the country, and Wisconsin isn't an exception. In fact, Eau Claire recently set a $1 fine for marijuana possession in the city. The city council members there hope to send a message to lawmakers that marijuana isn't worth the priority status it has been given.
Prior to passing the law, the fines for possession ranged from $100 to $500. The new $1 fine is only applicable to first-time offenders who have 25 grams or less. They will still have to pay court fees, so the total will be $138 for a person who is arrested there for their first time facing this crime.
Despite the push from some cities and counties, marijuana for recreational use remains illegal in this state. Possession of marijuana is punished as a misdemeanor for a first offense. It carries a fine of up to $1,000 and up to six months in jail. Offenses after the first one are charged as felonies.
Common examples of vandalism
It's natural for human beings to draw, paint and decorate their environments, but when it comes to doing this on another person's property without permission, it's referred to as vandalism and it's unlawful. Vandalism as a crime encompasses a broad range of things.
Vandalism is typically defined as a willful act intended to alter, destroy, deface or significantly change another person's property. It may include the following acts:
-- Keying or using something else to scratch paint off someone's vehicle
-- Breaking windows
-- Defacing a piece of public property
-- Making graffiti on someone's property
-- Egging a person's window or vehicle
-- Spray painting someone's property in order to deface it
-- Slashing a vehicle's tires
-- Changing or pulling down street signs
-- Damaging or kicking someone's property
-- Defacing a park bench in any way
Charges relating to vandalism may also arise out of a person simply possessing objects or tools that are likely to be used for the purpose of committing vandalism. These objects might include spray paint, normal paint, permanent markers, glass cutters, drill bits or other substances and items.
Common household items could be considered drug paraphernalia
When you think about drug paraphernalia, you think about pipes, bongs and needles. However, virtually anything -- even a piece of fruit or other common household items like tin foil -- could be considered drug paraphernalia if authorities find it in the right context.
Imagine police obtain a warrant to search your vehicle or your residence. Now, imagine they search your entire house and they don't find any drugs. However, they do find a digital scale, a crumpled up ball of tinfoil, an apple and little plastic baggies and a pipe. If they don't find any drugs or drug residue to go along with these items, you're probably in the clear. However, if they find these otherwise innocent items in the following contexts, they could be deemed drug paraphernalia:
A digital scale
Many households have digital scales. However, aside from using a scale to count calories, it could also be used to weigh drugs before selling them. If drugs are found with the scale, then it's probably drug paraphernalia.
Common-sense approaches to DUI defense
Defending yourself against a crime often involves a mix of simple, common-sense approaches combined with rock-solid criminal defense experience on the part of your defense attorney. For now, let's focus on the common-sense aspect of the drunk driving defense process by looking at the most important thing everyone knows about criminal defense in the United States: An accused person will remain innocent of the alleged crimes until -- and only if -- the prosecution proves that he or she is guilty beyond a reasonable doubt.
On a very "common sense" level, the notion of 'innocent until proven guilty' puts the burden of proof on the prosecution during your litigation process. If the prosecutions can't definitively and clearly prove that you were driving drunk, there's a good chance you'll receive a verdict of not guilty. And what does the prosecution need to prove you committed the crime? Irrefutable facts and evidence. This is why it's essential for those who have been wrongly accused of drunk driving to target the evidence in their defense process.
Consequences of a DUI conviction
Every person who decides to get behind the wheel of a vehicle is expected to follow the laws of the road, no matter where they are driving. Of course, going the speed limit, obeying signs and being mindful of other drivers on the road are all important, but you are also expected to avoid doing anything that can impair your driving abilities, like drinking. Should you be caught drinking and driving and are charged with a DUI,< you will be faced with various consequences.
The following are possible consequences of a DUI conviction in the state of Wisconsin:
- Payment of a fine.
- Revocation of your license.
- Ignition-interlock device installed in your vehicle.
- DUI or alcohol education and treatment program.
Any one of the abovementioned consequences can change a person's life if they are caught drunk driving and actually convicted of this crime. The consequences could actually be worse if you were to cause an accident and injure or kill someone. There is also the chance of someone receiving jail time and more for drunk driving if they already have one or more conviction on their record.
Could these less common DUI defenses apply to your case?
When a Wisconsin driver gets pulled over and police suspect him or her of drunk driving, it can lead to an arrest and DUI charges. However, it's important to note that these incidents can happen in many different ways -- and sometimes the charges brought against the accused person are in error, or they are unlawful.
When faced with unlawful or wrongful DUI charges, accused motorists may need to defend themselves in court to preserve their legal rights and innocence of the crime. Accused persons will have a host of DUI defense strategies available to them, but depending on the facts pertaining to their cases, only a handful of defense strategies will likely apply.
Here are two less common defenses that may only apply to a select few circumstances:
- The person accused of DUI was not driving: Imagine you were riding with your friend as a passenger and you get into a car accident. Your friend was perfectly sober, but you were drunk. When police arrive, they wrongly accuse you of being the person at the wheel. Not only are you charged with DUI, but you're also charged with causing an accident and injuries while drunk. As such, your criminal defense will need to focus on revealing that you were not the person behind the wheel.
Credit card fraud should not be part of your holiday plans
Trying to find a way to pay for Christmas gifts is a challenge for people this time of year. The one thing that you shouldn't ever do is to give in to the temptation of turning to illegal means to pay for gifts for loved ones. It is pretty safe to say that they'd like to have you around for the holidays more than what they'd appreciate you being in jail for theft.
One area that you have to be concerned with is credit card theft. There are a few ways that this can happen, but not all of them have to do with you using another person's card. It is possible to face credit card fraud charges if you don't use another person's card.
If you use your own credit card to make a purchase and you know that there isn't enough on the account to pay for the transaction or you know that the card isn't valid, you can face credit card fraud charges. This isn't very common these days since most companies will charge the card immediately when you make the purchase.
Another form of credit card fraud has to do with the merchant who is accepting the card for payment. If there is a reason to think that it was obtained illegally or is being used without the owner's permission, criminal charges are possible. Of course, using someone's credit or debit card to pay for transactions without their consent would also mean you can face legal troubles.
Dealing with identity theft charges
The act of obtaining someone's identity or personal information through deceptive means is considered as identity theft. In most identity theft cases, this information is used for personal financial gain. A person's personal and economic data can be used for your own benefit in several ways, and all states have statutes to protect their citizens against identity theft.
Information that is deemed personal includes social security number, credit card pin codes, credit history and internet passwords as well. Different means are often used to get this information. In some cases the information has been leaked through government organizations that have all this information. These days the internet has become a major part of our lives, and can be used to obtain sensitive information. Cyber crime is being readily used to facilitate identity theft because it is a lot safer as well.
Dealing with mortgage fraud charges
Mortgage fraud generally refers to illegal schemes and misrepresentation of data on mortgage documents. Lying on the forms or impersonating someone else on the forms could result in severe penalties. Mortgage fraud can be carried out for housing purposes or monetary purposes. The sentencing depends on what type of mortgage fraud has been committed.
The Fraud Enforcement and Recovery Act (FERA) was passed in 2009 to reduce the amount of mortgage fraud in the United States. Under this Act, the sentencing for mortgage fraud is pretty severe. Being found guilty under the FERA could result in $1 million in fines or up to 30 years in prison. When mortgage fraud takes place, states might divide the defendant's crimes into other categories. Conspiracy, wire fraud and tax fraud are a few charges that you may also face along with mortgage fraud charges.
Some common forms of mortgage fraud include showing fake loan documents, selling at falsely inflated values, using a stolen identity, equity skimming and straw buyers. States have created statutes to deal with mortgage fraud laws. In some cases, it is treated as a misdemeanor, but you could also face a class B felony charge depending on the offense. If the fraud committed is beyond state lines, the federal government gets involved. Federal sentencing for mortgage fraud is severe as compared to state laws.
Did you get charged with a federal drug paraphernalia crime?
It's hard to imagine, but even the most seemingly innocuous items could lead to a federal drug paraphernalia charge if police find you in possession of them at the time of a drug-related arrest. For example, a box of small plastic baggies would be perfectly innocent in any other context, but if police find you in possession of a large bag of cocaine, they may assume that you're going to use the baggies to traffic and sell the drug.
Let's take a look at what constitutes a federal drug paraphernalia crime under the law:
-- Offering to sell or selling any kind of drug paraphernalia.
-- Mailing or transporting drug paraphernalia through any kind of interstate postal or transportation system.
-- Exporting or importing drug paraphernalia to and from outside the country.
The determination, however, of whether something is "drug paraphernalia" is often a decision based on context. Let's consider a pipe or a bong, which could be used to smoke marijuana or another illegal substance but could also be used to smoke tobacco. For the drug paraphernalia conviction to occur, police will need to connect the pipe to drugs -- for example, by detecting a drug-caused residue on the pipe. If the only residue is related to tobacco, or if the otherwise innocent item was not found where drugs were present, then a paraphernalia charge may not stick.
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