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Recent Blog Posts
The extended costs of operating under the influence charges
If being charged with operating a vehicle under the influence of alcohol were like most other driving-related charges, you could simply settle the matter by paying a fine and moving on with your life. But DWI, DUI and OWI charges are far more complicated. The state of Wisconsin takes drunk driving offenses very seriously and is prepared to hand out very severe penalties for those who are convicted.
Of course, if you are charged with operating under the influence, you will be facing a fine, but that is likely the least of your worries. Every other possible penalty can put a major pinch on your life and your wallet. For example, for a first-time conviction, you could be required to outfit your car with an Ignition Interlock Device for up to 12 months. And you will be financially responsible for the installation and maintenance of the device.
You could also have your driving privileges revoked for as long as nine months. If this happens, you will be forced to find alternative forms of transportation, the cost of which you will have to cover. And even your auto insurance premiums could be raised.
The very real dangers of fentanyl
Nobody knew about fentanyl until fairly recently, but now this extremely potent synthetic opioid -- which is 10 times stronger than heroin -- can be found on the news nearly every day in the United States. This drug has been responsible for numerous overdose deaths every year in Wisconsin. The death beloved pop star Prince was even blamed on this potent narcotic.
Fentanyl was created by doctors as a strong painkiller. Its effects aren't that different from heroin, however, so it eventually found its way into the hands of black market dealers who find the drug easy to transport and distribute due to its potent nature. You don't need very much fentanyl to give the same level of effect that you receive from heroin, so heroin is also getting spiked with fentanyl to save drug dealers money and churn more profit.
The problem happens when users who aren't familiar with fentanyl or don't know that their heroin contains fentanyl end up taking this powerful drug unknowingly. Overdoses can happen easily, and that's why catastrophic accidents occur. It's also Wisconsin authorities are trying to crack down on this narcotic.
Theft defenses: What if I returned the stolen property?
Theft is theft, and if a Wisconsin resident gets accused of stealing property, it doesn't matter if he or she returns the property after stealing it. The individual who took the property can still get convicted of a theft-related crime. That said, the voluntary return of the property could result in the court being more sympathetic, and it could result in a lessening of the punishments associated with conviction.
Still, many Wisconsin defendants do not fully understand the law as it applies to stolen items that were voluntarily returned later. Imagine, for example, that someone steals a bicycle out of another person's garage. The victim calls police, who come and investigate the crime scene. The next day, the alleged thief comes back to the house to return the property voluntarily, at which time, police arrest the person.
Unfortunately, the return of the property will not serve as a defense against the theft charges. However, having returned the property could help the accused person to negotiate a plea bargain with prosecutors. A sympathetic judge may even allow the defendant to forego the severest of punishments -- like jail time -- and have him or her perform community service or other penances instead.
Thse factors can affect the accuracy of a Breathalyzer test
Have you ever wondered what factors could affect your blood alcohol content (BAC) levels? There are many things that can interfere with the percentage concentration of alcohol in your bloodstream after you've drunk an alcoholic beverage. In some cases, such factors could cause two people who drank the same amount of alcohol to render different BAC levels when taking a Breathalyzer test.
Here are a few things that could be contributing factors to varying Breathalyzer test results between two individuals who drank the same amount of alcohol during the same period of time.
- Your age: The older you are, the more you'll be affected by the intoxicating effects of alcoholic beverages. In this respect, you might have the same amount of alcohol in your blood as your younger counterpart, but you exhibit more signs of inebriation.
- Your sex: Men tend to show fewer signs of inebriation and will have a lower BAC than women after consuming the same amount of alcohol. This is because men tend to have more water in their blood than women.
Was your breathalyzer test properly administered?
If you recently received DUI charges, it can feel as though you have no way to fight them. The truth is that there is usually something a very creative person can find to build some sort of defense. While there is no guarantee that the defense succeeds in preventing a conviction, it is always better to build some sort of defense against any kind of criminal charge.
Without a legal defense of some kind, the prosecutor handling your case has nothing to prevent them from throwing the book at you and using you as an example to other alleged offenders. Even if the officer who arrested you administered a breathalyzer test and it indicated that you were over the limit, you may still have more options than you think you do.
In most cases, it is most effective to enlist the help of an experienced DUI defense attorney. Such an attorney fully understands the laws that govern DUI stops and arrests, as well as the local justice system and the major players in it. With proper legal counsel from an experienced, established defense attorney, you can confidently fight for fair treatment while protecting your rights.
Was your DWI arrest legal?
In general, a police officer can stop a driver if she has reasonable suspicion of criminal behavior. Furthermore, an officer that thinks you have committed a crime can stop and detain you for a brief period while she conducts a limited investigation. Perhaps this is what happened to you while you were driving home from the weekly family dinner at your parents' house.
You had left your parents' house and had made it almost halfway back to your apartment when a police officer pulled you over. As far as you knew, you were not speeding, you were not weaving and your headlights were on. Next thing you knew, the officer was handcuffing you and placing in the back of her cruiser.
Was there reasonable suspicion?
In order to be legal, your drunk driving arrest had to begin with the officer having reasonable suspicion that you were involved in some sort of criminal activity. This is the case even if you were not engaging in any illegal behavior. If the officer did not have reasonable suspicion for the stop, then it is possible that the court will dismiss your case. An experienced Wisconsin criminal defense attorney can guide you through the process of dealing with a DWI charge.
Weapons laws in Wisconsin: Facts you should know
When carrying a firearm in Wiscon, you're also carrying a huge responsibility. As such, specific laws may apply to your possession, ownership and use of a firearm. Be sure to read the information below to find out how you may be affected by our state's gun laws.
Who does the law permit to own a firearm? In the state of Wisconsin, all adults can own a firearm if they have not been convicted of a felony and passed a background check to purchase the weapon they want to buy.
What happens to felons who possess firearms? The unlawful possession of a firearm by a felon is an extremely serious offense that could result in a prison sentence of 10 years.
What are the requirements to carry a concealed weapon? In order to carry a concealed weapon, you must complete the Wisconsin concealed weapons licensing program. Failing to have the appropriate license may result in the criminal charge of carrying a concealed weapon without a license.
Were you accused of arson in Wisconsin?
When a house or business burns down, police will investigate the incident to determine what went wrong. Even if it was a complete accident, police will sometimes accuse a homeowner or business owner of setting a piece of property on fire just to collect the insurance money. In criminal law, this crime is not only referred to as insurance fraud, but it's also called "arson."
Arson is the deliberate act of setting property on fire. In many cases, arson is a part of insurance fraud allegations. However, it can also be committed as a part of a hate crime, or it could involve the setting on fire of forest lands. Arson is classified as a felony due to its capacity to hurt someone.
Arson crimes become more serious depending on the facts and circumstances. For example, setting fire to an occupied building versus setting fire to an unoccupied building represents starkly different severity levels.
Since fires result in so much destruction, it can be difficult to pinpoint the exact cause and/or origin of a fire. For this reason, forensic investigators can spend months and years getting to the bottom of a particular arson case.
Were you accused of vandalism?
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:
- Intentionally throwing a rock into a neighbor's window and breaking it
- Spray-painting the side of a building with your initials or spray-painting your favorite design on a street sign
- Ripping the picture off a billboard
- Drawing a mustache and glasses on a poster next to a bus stop
- Using a permanent marker to draw on a bathroom stall
- Painting graffiti on a sidewalk
Were you arrested for boating under the influence?
Boating under the influence charges happen frequently in Wisconsin's waterways. In fact, some Wisconsin boaters may have been arrested and charged with BUI even though they are innocent. This is partly because the very nature of being on a boat with friends can result in an inappropriate arrest.
Unlike a car, boat drivers can switch off with passengers very easily. One minute you might be driving the boat, and the next minute your friend is driving the boat. Because it's easy for boat passengers to move around and switch positions with the driver, police might be confused about who was actually driving the boat.
Let's say your good friend was driving your boat, and he was a responsible boater, a great boat driver and also stone-cold sober. You, on the other hand, were not entirely sober because you just finished drinking four beers over the last couple hours. Because you are technically the owner of the boat, however, police got confused and mistakenly fell under the impression that you were operating your boat while intoxicated.
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