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Recent Blog Posts
Sheboygan man hit with fifth intoxicated driving charge
A man from Sheboygan was recently accused of intoxicated driving on his birthday. According to police, they pulled him over after he left a bar on a recent Wednesday. Sadly, it was the man's birthday and -- even worse -- it's the fifth time he's been charged with OWI in Wisconsin.
Police allege that they tracked down the man after a bartender at the bar where he was celebrating tipped them off. The bartender told authorities that a woman had asked for help, and then she left the bar with the intoxicated man in his vehicle. After police pulled them over, they performed a sobriety test on the man and decided he was too drunk to operate his vehicle.
They arrested him and charged him with OWI, in addition to four misdemeanor counts of battery. They also charged him with operating a vehicle with a revoked license and disorderly conduct. The man turned 53 years of age on the day of the incident.
Wisconsin man accused of meth crimes in Sawyer County
A 38-year-old man from Minneapolis has been arrested and accused of selling methamphetamine throughout Sawyer County. The arrest came as a part of a joint investigation by the Sawyer County Sheriff's Department and other law enforcement agencies.
The arrest of the man happened on a recent Friday evening in Radisson after authorities carried out a traffic stop. The sheriff's department alleges that they found the man to be in possession of 86.8 grams of meth, $500 in cash and a digital scale. Authorities say that they found all of these items in the man's vehicle. Authorities also arrested a 28-year-old woman who was riding in the vehicle with the man at the time of the traffic stop.
This recent arrest and investigation came in the wake of a previous arrest of the same man in September. According to police, they allegedly found the man in possession of drug paraphernalia in the previous incident and decided to conduct a deeper investigation. Later, police learned that the man was going to return to Sawyer County with methamphetamine, so they prepared to intercept the suspect, which led to the arrest.
Mental illness sometimes contributes to violent crimes
Many people automatically think that people who have violent tendencies are just acting out. What many people don't realize is that there are sometimes mental health conditions that cause the person to act in this manner. It is easy to think that someone who just stabbed or shot someone should be locked away in prison for life, but this doesn't address the underlying problem.
Many different mental health disorders can lead someone to do violent things. The issue here is that the person isn't going to overcome the problem by being put in prison. Instead, they need to receive mental health care that will help them. This is especially important if there is a chance that they will be released from prison at some point.
Unfortunately, the criminal justice system doesn't really focus on getting mentally ill people help. Instead, it just punishes for the actions that run afoul of the law. Some people think that these mentally ill individuals should just be kept away from weapons. While this sounds easy in theory, the reality is much worse.
What types of actions constitute vandalism?
Pranks and practical jokes are funny – until someone has to go to jail. Unfortunately, this is the reality for some individuals who do things that deface someone else's property. It is important to avoid any activities that might lead to vandalism charges.
There are many aspects of these charges that must be considered when you are trying to figure out if something is going to run afoul of the law. All of these can have an impact on whether you will face criminal charges.
Does vandalism always destroy property?
It isn't necessary for the property to be destroyed for you to face a vandalism charge. Instead, it only needs to be altered from its normal state. Throwing toilet paper in trees or egging a home or vehicle can lead to criminal charges. Another form of vandalism is graffiti. While this is often called a work of art, it is a criminal act unless the owner of the property has given you permission to paint. Even knocking street signs over falls under this crime. Scratching or keying property, kicking or punching something or breaking the windows are also covered here.
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-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.
How can a criminal defense lawyer help me?
Having a criminal defense lawyer by your side during your drug crime proceedings is essential. However, for those who have never been through a criminal litigation process, they may not understand how much a lawyer can help. They might even make the mistake of trying to defend themselves pro se, i.e., navigate their legal proceedings without legal representation. When it comes to a drug-related trial, a pro se defendant might find him or herself unintentionally digging into a deeper and deeper hole.
If you're on the fence about hiring a lawyer in your case, you might want to consider some of the potential benefits of contacting a criminal defense attorney:
Reduction of criminal charges
The severity of your punishment depends on the severity of your criminal charges. For example, if you're convicted of speeding instead of drunk driving, your criminal consequences and potential punishments will be significantly less. Sometimes, a criminal attorney can succeed in getting his or her client's criminal charges reduced, which ultimately serves to make the punishments less in the event of a conviction.
What's an implied consent DUI law?
Implied consent laws require all drivers to submit to chemical testing when police accuse them of driving while intoxicated. Of course, they still have the right to refuse such tests. However, as a result of implied consent laws, the driver will likely be immediately arrested on suspicion of DUI.
Implied consent laws function by assuming that when a driver gets a driver's license and enjoys the privilege of driving, they automatically consent to being tested for drugs or alcohol when police suspect them of driving while intoxicated. Such chemical tests could include urine, blood and breath tests.
When a driver refuses to take a chemical test, they will usually endure a mandatory driver's license suspension that could last up to a year. Interestingly, it's common for the license revocation to be longer after a driver refuses a test than if they take the test and fails. In some cases, a driver could even face harsher punishments if convicted of DUI after refusing to take a test.
What are the elements of a drug manufacturing charge?
Whether a defendant was growing marijuana in the basement or maintaining a chemical lab to manufacture designer drugs, the charge of drug manufacturing relates to the creation of illicit drugs. Some of the most common drugs that people are accused of manufacturing are methamphetamine, marijuana and ecstasy.
The crime of drug manufacturing does not have to involve the complete manufacturing process. An individual could be involved in only one small part of the illicit drug creation process, and a court could still construe the action to be "drug manufacturing." For example, individuals who knowingly sell drug manufacturing equipment, precursor chemicals or only make an offer to manufacture and produce controlled substances could be convicted of this crime.
Usually, drug manufacturing is a felony-level offense, which means that those who are convicted could face high fines, prison time and probation. If the drug manufacturing activities happen close to a playground or school, these punishments could be more severe in certain cases.
Will past good deeds help in your criminal defense?
We all make mistakes, but not all of us make profound and positive contributions to our communities. But what happens if you make lots of big mistakes and lots of big contributions to the community? Perhaps, community leaders will come to your aid and support you by speaking in favor of your good name and past good works.
Normally, when someone gets arrested on a sixth offense DUI charge, the person is described by news media and public officials as if he or she were the dirge of the community. However, that's not what happened in the case of a 56-year-old bar owner who was arrested and later convicted of a sixth operating while intoxicated charge in August.
Officers said that they received reports of the drunk man trying to get into his truck at 11:30 p.m. on Aug. 11. When police arrived, they found him urinating on his feet and on the ground, and they told him not to drive. Next, police saw the man get in his truck and drive away, so they pulled him over and arrested him on intoxicated driving charges after he failed his Breathalyzer and field sobriety tests. He pleaded "no contest" in court and accepted the felony sixth OWI offense conviction.
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