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Were you charged with boating under the influence?
Getting charged with boating under the influence is not that different from getting charged with driving under the influence. Perhaps the main distinction, however, is that people who drive boats tend to be more at risk of such allegations -- that's because lots of Wisconsin residents like to bring alcoholic beverages with them when they head out onto our state's rivers and lakes.
Just like driving under the influence, a boating under the influence charge will trigger when the boat operator has an blood alcohol content (BAC) of 0.08 percent or more. However, unlike drivers, boaters don't have the right to refuse a blood alcohol content test. Simply by the act of operating a watercraft or boat, operators are seen to have pre-consented to sobriety tests. In fact, it is a legal violation for a boater to refuse such a test when an officer requests it. Boaters must also stop when asked to do so by an officer of the law or by a patrol boat.
It is not uncommon for a boater who is operating under the influence to also get hit with charges related to underage drinking, having an open intoxicant and engaging in public drunkenness. If convicted of the charges, boaters can expect to incur fines, impoundment of property and even jail time.
What are the benefits of plea bargaining?
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.
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.
What are the most common gun crimes?
Wisconsin is home to numerous weapons laws that every resident and visitor of the state must adhere to. For example, did you know that those who have been convicted of a felony may not possess a firearm? These and other restrictions could apply to you and your use of a firearm -- and you might not even know it. Therefore, it's a good idea to familiarize yourself with the various weapons crimes in Wisconsin so you can be sure to follow the law and avoid getting into legal trouble unnecessarily.
Here are some of the most common gun crimes the criminal court sees on a regular basis:
Carrying a gun or shotgun without having a permit
Wisconsin residents who carry a weapon openly, and those who carry a concealed weapon, will need to have the proper permitting to do so. Failure to have a permit could result in gun crimes charges.
Having a gun while you're intoxicated
Getting drunk on alcohol or other drugs can happen much sooner than you think it will. One minute you're perfectly sober, and the next minute you're drunk. If you happen to have a gun on your person at the time you become intoxicated, you could get in serious trouble with your local law enforcement officer.
What are the penalties for fraudulent credit card use?
The state of Wisconsin has enacted numerous laws that govern the use of credit cards. It's also developed criminal statutes with associated penalties for the fraudulent use of credit cards. If you've been accused of any type of credit card fraud, it's important to know what the potential penalties are if you're convicted.
Here is a list of penalties associated with Wisconsin credit card fraud based on the class of the crime:
-- Class A misdemeanor: This charge relates to credit card theft, counterfeit credit card possession or the illegal use of a credit card to obtain property under $2,500 in value during a six-month period. This will result in a fine of as much as $10,000 and a prison sentence of not more than nine months.
-- Class I Felony: This relates to the crime of counterfeiting credit cards or illegally using credit cards to obtain property between $2,500 and $5,000. This will result in a fine of as much as $10,000 and a prison sentence of as much as three and a half years.
What does the Brady Handgun Violence Prevention Act say?
The federal government has established laws that control what guns you can own and how you can use them. For example, the National Firearms Act (NFA), restricts the ownership of sawed-off shotguns, silencers and machine guns. Although people can still own these NFA weapons, there's a lot of red tape that needs to be taken care of in order to legally do so. The Brady Handgun Violence Prevention Act also regulates firearms.
The Brady Handgun Violence Prevention Act was passed in 1994. This federal act offers nine primary disqualifiers for gun ownership. If any of the following is true for you, you're not permitted to own a handgun under federal law:
-- You have a misdemeanor domestic violence conviction on your record.
-- A court restraining order is in place against you regarding a child or your intimate partner.
-- You renounced your U.S. citizenship.
-- You were dishonorably discharged from one of the United States Armed Forces.
-- You're an undocumented or illegal immigrant.
What factors lead to a robbery conviction?
A robbery charge is a serious criminal accusation, and the punishments associated with a conviction for this offense become even more severe when a firearm was involved. That said, all individuals accused of this crime will have the opportunity to defend themselves against the allegations.
In all criminal cases, including robbery crimes, the burden of proof lies on the prosecution. If the prosecution cannot prove the following facts are true beyond a reasonable doubt in a robbery case, then a conviction cannot occur:
- The accused person took or stole property.
- The stolen property belonged to someone.
- The property was stolen from the owner's person or it was stolen while in the presence of the owner.
- The property was taken against the owner's will.
- The accused person committed the unlawful taking through intimidation, violence or brute force.
What facts are necessary to prove a bribery charge?
Bribery is a crime that occurs behind closed doors and in secret. The act of bribing another person involves the offering of money or favors in exchange for benefiting from the power of that person's position.
Bribery may involve a public official or politician who receives money under the table from someone who wants to receive a special favor. Ultimately, both the person who offers a bribe and the person who accepts the bribe can face these criminal charges.
What's required to prove bribery?
At its core, bribery is simple: Someone offers a thing of value in exchange for something else of value. Often, the favor given in exchange for a bribe is political influence. It might involve a corrupt judge who gives a certain ruling in exchange for a bribe. Or, it could involve a police officer who agrees to look the other way while someone commits a crime.
In terms of bribery charges that prosecutors try in federal court, there are specific elements that must be present in order for a bribery charge to stick. Those elements are:
What happens during a field sobriety test?
When it comes to drunk driving arrests, most Wisconsin residents know about Breathalyzer tests and the fact that a test result that renders a .08 percent blood alcohol content (BAC) will usually result in an immediate arrest. However, Breathalyzer tests are not always accurate, and they can often get thrown out in court so they can't be used as evidence against the victim.
As such, a police officer will try to gather more evidence against a defendant by taking notes about his or her appearance and behavior, and by subjecting the defendant to a field sobriety test.
A field sobriety test involves police officers taking a driver through a series of tests. Police will ask the diver to perform different tasks and judge the person's ability to successfully complete those tasks. Video footage and evidence gathered during the field sobriety test will then be used against the defendant during his or her criminal proceedings.
Here are a few things an officer could ask a driver to do in a field sobriety test:
What is auto-brewery syndrome?
Some people suffer from the rare condition that turns them into a walking beer factory. These individuals -- when they eat anything that has sugar in it -- suffer from an automatic process by which their bodies convert the food into beer, and this makes them unintentionally drunk. Although it's hard to imagine that it could be true, auto-brewery syndrome is real. Not only that, but in a New Jersey drunk driving case last year, a woman successfully defended against her drunk driving charges because of the condition.
The accused woman claimed that she enjoyed drinking as much as a gallon of orange juice a day, and that she was also a recovering alcoholic. On the night of her arrest, the woman says that she had been sober for nearly a decade, but she also felt drunk. In fact, the woman explained to the jury that she had been feeling strange for approximately a year before her DUI arrest. During the arrest, she blew a level .10 when given a Breathalyzer test.
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