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Recent Blog Posts
New proposed legislation seeks a ban on assault weapons
The latest mass shooting to shock the United States into a wave of grieving was the catastrophic incident that happened on Feb. 14, 2018, in Parkland, Florida. This sad mass murder was carried out by a lone gunman armed with an AR-15 assault rifle, which he used to murder 17 high school students.
As the media continues to rage, and communities continue to real, Democratic lawmakers introduced a newly minted gun control measure as a response. If it becomes federal law, the measure would ban individuals from owning the AR-15 assault rifle, among many other weapons that the law classifies as assault weapons.
Thus far, Republicans have strictly opposed the proposed law while Democrats are supporting it. Gun rights advocates oppose bill as well, while pointing out that the AR-15 should not be on the list of banned weapons because it is not a fully automatic rifle.
The law clearly states it will make it illegal for individuals "to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a semiautomatic assault weapon." The law also requires a public list of all assault weapons that criminals have used in carrying out their crimes.
Marijuana acceptance continues to rise in Wisconsin
Politicians in Wisconsin have shown signs of supporting legal marijuana. For example, a high percentage of Democratic gubernatorial hopefuls have recently come out in support of legal marijuana. Also, the Wisconsin legislature may place a ban on marijuana testing by employers.
Perhaps the fact that politicians are supporting legal pot is a reflection of a 2016 poll revealing that 59 percent of Wisconsin residents support legalizing marijuana. If current trends continue, it's likely the more residents will accept and support legalizing the recreational use of
marijuana as the years go by.
Wisconsin legislature could ban marijuana drug testing at jobs
According to a National Organization for the Reform of Marijuana Laws (NORML) activist in southeast Wisconsin, "No one should have to worry about losing their job for recreational cannabis use . . . We strongly believe that no one should be penalized at work for what they do in their free time," the man said.
State Patrol increases drug arrests in Wisconsin
The Wisconsin State Patrol reports a noteworthy increase in drugged driving during 2016 and 2017. The State Patrol says there has been a 20 percent increase in drug-related arrests over this period of time. In 2016, the State Patrol carried out 2,900 drug arrests and, in 2017, it carried out 3,400.
As for drugged driving arrests, the State Patrol has also seen an increase, having arrested 310 allegedly drugged drivers in 2016 and 390 more in 2017. Authorities say that the increase in arrests has a lot to do with two factors — the better training of officers in detecting and identifying drivers who are high on drugs and the legalization of marijuana in various neighboring states. For example, Michigan, Ohio and Minnesota have all loosened their marijuana laws, resulting in more people gaining access to the drug legally.
According to a representative of the Wisconsin State Patrol, "...marijuana is bound to be moved through the state, and our officers are starting to see more of that." He also said that he believes "...there's a rise in drug arrests based on the fact that marijuana has been legalized in some of these states and we're seeing it being transported to and from through Wisconsin."
How does a Breathalyzer test device work?
If you were arrested for drunk driving, at some point during your arrest process, police probably administered a Breathalyzer test. The results of this test may have even produced a key piece of evidence in your criminal defense lawsuit, and the prosecution may try to use this evidence against you to convict you of drunk driving. As such, you might want to understand a little more about how Breathalyzer tests work.
The Breathalyzer test machine comes in numerous forms and variety. "Breathalyzer" is a brand name, but other companies may offer breath testing devices as well. Generally, all of these devices work the same, and they are all subject to rending completely inaccurate test results. As such, even if your breath test showed you had a high blood alcohol content (BAC), it doesn't necessarily mean that you will ultimately be convicted.
Breathalyzers analyze the percentage concentration of alcohol in your blood by registering how much alcohol is dissolved into your breath. A scientific testing methodology known as infrared spectroscopic analysis is used to analyze your breath like this. The captured alcohol within your breath is detected because it absorbs light waves that belong to a specific frequency. The more of these lightwaves the are captured, the higher score of drunkenness the Breathalyzer will give you.
How to defend against a drug possession charge
Due to the differences between drugs and their potential punishments, defendants accused of drug possession will need to tailor their defense strategies to the unique facts and circumstances that apply to their cases. For example, if you've been accused of possessing a kilo of cocaine, your defense strategy will probably be very different from the strategy employed by someone accused of possessing half an ounce of marijuana.
That said, there are certain drug possession defense strategies that -- depending on the circumstances -- could apply to any kind of drug crime accusation.
Here are several common defenses against drug possession
What follows are some of the most common defense strategies employed by those accused of drug possession:
Unlawful search and seizure: The police cannot perform a search and seizure randomly on anyone. The need to have a reasonable cause of action to suspect that the person is in possession of a drug in order to perform a search. For example, maybe the police saw drugs in the backseat of the defendant's car. This would be sufficient reason for them to perform a search. If police perform a search and seizure operation without sufficient cause, then any resulting charges could be thrown out in court.
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.
How do lawyers defend against drunk driving?
It might have happened while you were driving home from a party late at night. It might have happened while you were driving your children to school in the morning. In fact, a drunk driving arrest can happen at any time you're operating your vehicle. However, just because you get arrested and accused of this crime does not mean that a criminal court will find you guilty. Until the prosecution can prove you were drunk behind the wheel beyond a reasonable doubt, you will have every opportunity to defend yourself.
Although every drunk driving defense strategy will be different depending on the circumstances of how the arrest occurred, here are a two ways that DUI defendants might try to fight their charges:
Defenses related to police procedure: There are many things that can go wrong in the moments preceding a driver's arrest. Police have rules and procedures they need to follow, and failure to follow these rules could invalidate an arrest. Important questions to ask in this regard include: Did the police have a viable reason to pull over the driver? Did police administer the field sobriety or breathalyzer test in a lawful way? If the answer to these questions is "no," then it could reveal a strategy to defend against the charges.
2 common ways to defend against a murder charge
When police accuse suspects of theft crimes, the accused faces serious offenses that could come with stiff penalties in the event of a conviction. However, a theft crime is nothing compared to the crime of murder in terms of potential consequences.
As such, if prosecutors have included a murder charge with your theft charges, you will want to take your criminal defense process very seriously. There are numerous legal strategies that might be available to a murder defendant.
Consider the potential of an insanity defense. If an individual kills another person, and he or she was insane at the time, or if he or she was not cognitively able to understand what he or she was doing or that it was wrong, then the defense of insanity could be suitable. The insanity defense is often supported by psychological expert witnesses who render their opinion as to the psychological state of the accused individual.
Is there ever a time when drunk driving is legal?
The law in Wisconsin is exceedingly clear. Individuals who have a blood alcohol content beyond .08 percent cannot legally operate an automobile on the road. In fact, they can't even sit in the driver's seat while drunk with the vehicle pulled over on the side of the road without running the risk of getting arrested for a DUI. All that said, many drivers are surprised to hear that there are certain exceedingly rare circumstances in which it is actually legal to driver while intoxicated.
Before we discuss some examples of these circumstances -- when it's legal to drive drunk -- readers should be warned: This is not something to do on purpose, and it only applies to rare and emergency situations.
Here are two situations in which a driver could theoretically drive drunk and get away with it:
The driver is being threatened: Imagine someone was threatening a driver's life and forcing him or her to drive drunk. Maybe it's a husband, boyfriend, wife, girlfriend or lover. Maybe it's an abusive boss. Whatever the situation, the driver is fearful of his or her life or safety because someone is threatening and coercing the driver to operate a vehicle while intoxicated.
Federal gun laws you should be familiar with
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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