Posted on July 17, 2018 in Criminal Defense

When things look grim based on the factual scenario in a criminal defendant's lawsuit, and a conviction is likely, the defendant may elect to negotiate a plea deal. Negotiating the plea, or plea bargaining, is a useful defense tactic that benefits both the defendant and the prosecution.

Let's take a look at how plea bargaining benefits both sides of the criminal defense equation:

How plea bargains help defendants

When a guilty verdict is likely in a criminal defense matter, plea bargaining offers a way for the defendant to pursue a less severe punishment and a less severe charge. This could also help the defendant's criminal record: In many cases, the defendant will have a lesser offense listed on the record. There are monetary benefits to the defendant as well because he or she will bypass the legal costs associated with lengthy trial proceedings.

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 Posted on June 27, 2018 in Criminal Defense

Although you might not think that you're hurting someone's property by spray-painting your initials or a picture on the side of it, the owner of the property could feel differently about it. In fact, the owner – and the police for that matter – might see such an act as vandalism. Vandalism – i.e., the destruction, defacing or harming of someone else's property – is illegal and those who are found guilty of the offense will face various criminal punishments.

If you're not sure what constitutes vandalism under the law, here are a few examples of the crime:

1. Intentionally throwing a rock into a neighbor's window and breaking it
2. Spray-painting the side of a building with your initials or spray-painting your favorite design on a street sign
3. Ripping the picture off a billboard
4. Drawing a mustache and glasses on a poster next to a bus stop
5. Using a permanent marker to draw on a bathroom stall
6. Painting graffiti on a sidewalk

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 Posted on June 25, 2018 in Drug Charges

Police in Belvidere say that they arrested an accused a man of drug crimes in a recent narcotics bust. Authorities say that they made a routine traffic stop at the Belvidere Oasis last Sunday, and it later led to the arrest.

The police officer who pulled the man over happened to be a Boone County Sheriff's Department K-9 unit. Shortly after conducting the traffic stop, the sheriff's deputy called for backup from Belvidere/Boone County Metro Narcotics officers. The narcotics officers arrived and assisted with a search and seizure operation.

Police say that the search and seizure produced approximately 190 grams of cocaine, approximately 45 grams of heroin and an unspecified amount of cash. The arrested and accused driver, a 38-year-old man who hails from Madison, has been charged with various drug crimes. These include unlawful possession of drugs with the intent to deliver, which is a Class X felony and punishable with six to 30 years of prison upon conviction. He was also charged with two counts of unlawful possession of drugs, which is a Class 1 felony and punishable with four to 15 years in prison upon conviction.

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 Posted on June 24, 2018 in OWI

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?

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 Posted on June 18, 2018 in OWI

A woman from Muskego who has been convicted of drunk driving five times was recently sentenced to serve a two-year prison term as a result of her fifth drunk driving conviction. The woman was also sentenced to extended supervision for an additional three years.

The incident that led to the woman's most recent OWI conviction happened last Christmas Eve. According to the woman's admission, she drank a "ton" of alcohol that evening because she felt like she wanted to die.

While the woman was in an inebriated state, however, her son came home from his work and called 911. After the son made the call, the woman backed out of the driveway in her vehicle and continued into a culvert on the other side of the street. She was able to free the vehicle and drove away. She soon lost control of the car and struck a tree.

When police arrived, she fought the officers, even kicking one officer in the groin while he attempted to arrest her. Officers eventually deployed a stun gun to control the woman but it wasn't entirely successful. Eventually, police were able to make the arrest and book the woman in jail.

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 Posted on June 15, 2018 in Criminal Defense

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.

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 Posted on June 10, 2018 in OWI

It's only natural for people to go out to bars, restaurants and parties and needing to get home when the night is done. However, if they've been consuming alcohol, they might be too drunk to drive and not even realize it. Taking to the roads while drunk is unlawful, dangerous and sometimes difficult for drivers to avoid when they're not thinking clearly.

Self-driving cars, however, would eliminate the human element that's to blame for this behavior. The other benefit of self-driving cars is the fact that they would reduce the need for police to go out patrolling for operating while intoxicated (OWI) drivers, and they would eliminate the many harsh consequences of a drunk driving conviction, which include:

• Losing your license and needing to pay large fines.
• The risk of imprisonment and jail time.
• The risk of being charged with negligent homicide or OWI causing injury.
• The loss of one's license for a year and having one's vehicle impounded for refusing to take a breath alcohol concentration (BAC) Breathalyzer test.

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 Posted on May 16, 2018 in Drug Charges

A Wednesday, May 2 traffic stop of a vehicle that was apparently displaying an illegible rear license plate resulted in both the driver and his passenger's arrest. The routine traffic stop was conducted by an officer with the Waukesha Police Department shortly after 4 p.m. at the intersection of E. St. Paul Ave. and Maria St.

An incident report in the matter reflects that officer conducting the stop noticed that the temporary license plate that the car was displaying was illegible as he passed through an area he was patrolling. The driver apparently pulled over when requested to do so by the officer, but reportedly produced an invalid driver's license when he was asked to provide one.

It's unclear how the stop for the illegible license plate and driving permit evolved, but ultimately, the driver of that vehicle was arrested for possession of drug paraphernalia.

That man's passenger was also taken into custody by police on suspicion of a number of drug charges. He was later booked into jail, charged with possession of Adderall, an amphetamine, drug paraphernalia and possession with an intent to deliver methamphetamine offenses.

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 Posted on May 16, 2018 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 May 16, 2018 in Drug Charges

The federal government classifies controlled substances into five different schedules with Schedule I having the most severe criminal consequences attached to them and Schedule V having the least severe consequences. Familiarizing yourself with the following drug schedules is important if you've been accused of a drug crime or if you want to avoid getting in trouble with the law for a drug crime.

Schedule V: This category of drugs includes those that the federal government believes are the least dangerous in terms of their propensity for abuse, addiction and potentially damaging effects. They include: Parepectolin, Lyrica, Lomotil and Motofen.

Schedule IV: This category is believed to be slightly more dangerous than Schedule V. They include Darvon, Soma, Xanax, Valium, Ambien and others.

Schedule III: These drugs present a moderate to low threat of addiction and dependency. They include anabolic steroids, ketamine, testosterone and certain codeine-containing medications.

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