Posted on December 00,0000 in Criminal Defense

Two black men were at a Philadelphia Starbucks waiting to have a business meeting when police entered the premises and demanded that the men leave. A Starbucks employee had called the authorities, asking police to remove the men, who the Starbucks employee claimed had not purchased any coffee and refused to exit the premises when asked.

Police arrived and an ugly, racially-motivated arrest ensued, all while others in the cafe watched and videotaped the incident. Police questioned the men, asking them why they were there, and they answered that they were waiting for someone to arrive for a business meeting.

The incident, which went viral on the internet, has sparked nationwide protests against Starbucks. Even the CEO of Starbucks has issued a formal apology to the men and closed down Starbucks stores for training intended to prevent such incidents from happening again in the future.

The fact is that most Starbucks customers have sat down in a store and waited before ordering because their friend or business associate had yet to arrive. In this case, as police were putting the handcuffs on the men, their business associate arrived for the meeting, verifying the men's initial claim.

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 Posted on December 00,0000 in Criminal Defense

Under the Second Amendment, the United States Constitution states that American men and women have the right to bear arms. More specifically, the constitution states that "the right of the people to keep and bear Arms shall not be infringed." The Second Amendment cites the need for a militia in order to secure the freedom of the state as the reason for this amendment.

By virtue of the second amendment, gun owners in Wisconsin and other states cannot have their firearms forcibly taken away from them in most cases. Furthermore, gun owners will often cite their Second Amendment rights when they speak up about gun restrictions, which many gun owners feel are unfair and unlawful. That said, the Second Amendment does not prevent Americans from getting into trouble with gun laws. For example, gun collectors, gun dealers and gun owners all need to adhere to federal and estate laws when possessing and handling their weapons.

With specific regard to federal gun laws, let's take a look at the most relevant restrictions against owning or possessing a gun under federal laws:

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 Posted on December 00,0000 in Drug Charges

The psychedelic drug LSD (d-Lysergic Acid Diethylamide) is illegal throughout the United States. Under federal drug laws, LSD is classified as a Schedule I narcotic, meaning that an LSD-related conviction will come with the severest punishments on par with those associated with heroin.

Because the federal government has classified LSD as one of the most dangerous kinds of drugs, a first-time conviction for the least serious LSD possession offense will be punished with a minimum of $1,000 in fines and a maximum of three years in prison.

LSD sales convictions will be punished based on the amount of LSD involved and the number of previous convictions. Even with a first-offense LSD sales conviction of less than 10 grams, the offense could result in a five- to 40-year sentence and fines as high as $2 million. If more LSD or a second offense is involved, it's difficult to believe, but someone could easily face a lifetime conviction for a nonviolent LSD conviction.

Considering the fierceness of LSD penalties, it's surprising to find that approximately 9 percent of the U.S. population above the age of 12 admits to taking LSD at least one time in their lives. The average user of LSD is male, white and between the ages of 18 and 22. This user probably lives in the Western part of the United States and has educated parents and upper-middle-class parents.

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 Posted on December 00,0000 in Drug Charges

Something readers may not be aware of is that federal regulators have the authority to limit the amount of controlled substances which may be manufactured in the United States on an annual basis. Under the Controlled Substances Act, the United States Attorney General is required to set annual manufacturing quotas for basic classes of Schedule I and II controlled substances to ensure an adequate supply.

The federal Drug Enforcement Administration, which is the agency delegated the authority to handle such matters, recently issued a final order establishing initial aggregate production quotas for 2017. The new numbers reportedly represent a 25 percent reduction in production for almost all Schedule II opiates and opioid medications, though the manufacture of certain medications was reduced by an even greater amount.

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 Posted on December 00,0000 in OWI

Some people might have been arrested for drunk driving over the recent holiday season. If you are one of these, you need to get to work on your defense right away. Some components of these cases are time sensitive, so you are very limited on how much time you have to act. We are here to help you go through the various aspects of your case.

One thing to remember for drunk driving cases is that your defense strategy might call several points into question. We need to have time to look at the circumstances of the case to determine exactly what our options are. Once we know this, we can discuss them with you so that you can give us directions on what you want to focus on. The goal is to come up with a strategy that is comprehensive and that is based on the truth of the time.

Another thing that you have to consider in these cases is how the effects might impact your life. For example, you might lose your driver's license. This means that you will have to find ways to get work and to run errands. If your job involves you driving, you won't be able to do that.

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 Posted on December 00,0000 in OWI

With the Waukesha Metro Transit and availability of taxis and ride shares, people in our area have plenty of options for getting home safely after a night of drinking. There really isn't any reason why a person should have to drive drunk but things might happen that lead to this. If you are facing drunk driving charges, make sure that you start working on a defense plan right away.

There are immediate impacts to this charge that aren't present in other charges. For one, you are facing the loss of your driver's license. This can greatly impact your life since you will have to rely on others for rides. If you have to drive for your job, there is a chance that you will have to find other employment. This might be difficult with an open criminal case against you. It may be even harder if you have a conviction on your record.

We realize that most adults don't leave home with the intention of driving drunk. When one thing leads to another and you do face a drunk driving charge, you should go into damage control mode right away. When you are pulled over, remember that you do have constitutional rights. You can remain silent and have your attorney with you when you are questioned. This might be beneficial to you since anything you say to the officers can be used in court.

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 Posted on December 00,0000 in OWI

An operating while intoxicated (OWI) offense in Wisconsin could mean serious consequences in the event of a conviction. If it's a first offense, the punishments will be less severe than subsequent offenses.

Here is what you can expect if you're convicted:

• You will be required to pay substantial court costs in addition to a $150 to $300 fine.
• In the vast majority of cases, you do not have to fear a jail sentence. However, if you were carrying a passenger under the age of 16, you could be sentenced to as many as six months in jail. Jail or prison time could also result if you hurt someone.
• The revocation of your driving license for six to nine months.
• In cases where your blood alcohol content (BAC) was at least .15 percent or more, you'll need to install an ignition interlock device in your car.
• You'll have to submit to an alcohol assessment.
• You could receive as many as six points on your license.
• There will be other noncriminal consequences, such as the potential loss of your job (depending on what you do for work) and a sharp increase in your auto insurance premiums.

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 Posted on December 00,0000 in Drug Charges

In 2007, drummer Don Bolles was driving in his van in Newport Beach, California when he was pulled over by police officers. The police officers arrested Bolles for his alleged possession of GHB, which is a date rape drug. The police officers had pulled over Bolles for a broken taillight, searched his van, and allegedly found the banned drug. However, a lab test ultimately revealed that the "GHB" found in the drummer's van was simply an all-natural cleanser. As a result, all charges against Bolles were dropped.

Without warning, police officers can approach you and accuse you of possessing drugs. As the incident described above reveals, you can be arrested if police officers claim you were in possession of an illegal drug. Even worse, if you find yourself in a similar scenario, the lab test results will often be the determining factor in whether you are convicted. Unfortunately, in a significant number of cases, flawed drug tests often lead to the conviction of innocent individuals.

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 Posted on December 00,0000 in OWI

The state of Wisconsin has seen a dramatic decline in drunk driving deaths. Due to law enforcement efforts, education programs and criminal penalties during the last decade, deaths caused by drunk driving have decreased by 50 percent, believe it or not. However, there is a new kind of behavior that is increasing the total number of roadway fatalities: distracted driving.

Everyone knows that if you're drunk and you cause an injurious car accident, you could go to jail, but did you know that if you're texting-while-driving and you cause a deadly or injurious accident you could also go to jail? These days, law enforcement officers commonly check for evidence of cellphone usage following a catastrophic accident.

No social stigma attached to texting-while-driving

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 Posted on December 00,0000 in OWI

Defendants in Wisconsin who have been accused of drunk driving will have various criminal defense strategies available to them. However, only certain methodologies will apply to any given case depending on the facts and evidence being presented by the prosecution, and depending on the potential punishments involved.

That said, here are three common defense strategies used by lawyers in Wisconsin:

Improper stop

Police must have a valid reason -- virtually any valid reason -- to pull over a driver, such as the driver not having his or her headlights on or crossing the double-yellow line. If police stop a driver for no good reason and it ends in an arrest, then the resulting charges could get thrown out of court.

Bad handling of chemical test samples

Whether police use a Breathalyzer test, or hold a test without a Breathalyzer through a blood or urine sample, these tests are hard to prove as accurate in some cases. If the defendant can show that lab technicians or police mishandled the samples related to the test, he or she might be able to get the lab results thrown out as evidence.

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