Posted on April 18, 2017 in Criminal Defense

Individuals convicted of a felony in the state of Wisconsin are not permitted to possess a firearm. In fact, if you are convicted of firearm possession following a felony conviction, you will face stiff criminal punishments.

Wisconsin Act 109 establishes the penalties associated with firearm possession by a felon. However, before describing these penalties, it's important to understand who can and cannot possess a firearm in Wisconsin. If you can answer yes to any of the following questions, then you are not permitted to possess a firearm:

-- Have you had a prior felony conviction?

-- Were you adjudicated delinquent regarding an act that, had you been an adult, would be considered a felony.

-- Did you receive a verdict of not guilty for a felony act because of mental disease or mental defect?

If you answered yes to any of the above, then firearm possession for you is a Class G felony that can be punished with up to a 10-year prison sentence and up to a $25,000 fine. If your prior felony conviction involved a violent crime, and your firearm possession happened within five years of the violent offense, then you could be in danger of a mandatory three-year minimum sentence.

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 Posted on April 17, 2017 in Criminal Defense

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.

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 Posted on April 14, 2017 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 March 29, 2017 in Criminal Defense

Weapons crimes are not crimes that states take lightly. People are often hurt when a person has been accused of committing weapons crimes, and there is often a harsh punishment if there is a conviction. In some cases, the crime is even escalated to a more serious crime. One example of this is when an assault charge is turned into aggravated assault.

The following factors will determine if assault should be considered aggravated assault:

• Status of the assaulted party.
• Intent of the person who committed the assault.
• Presence and use of a weapon during the assault.
• Degree of injury that has been caused to the assaulted party.

This is a serious charge and you may face severe consequences if convicted. When a person has been accused of aggravated assault, there is a chance that the crime will be considered a felony. In this case, the consequences for the crime could be harsh. However, depending on the degree of the assault, it is possible that the crime will be considered a misdemeanor and will carry a lesser sentence.

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 Posted on March 28, 2017 in OWI

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.

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 Posted on March 27, 2017 in Drug Charges

Depending on who you ask, the so-called war on drugs has been either ineffective or a complete disaster. Indeed, attitudes about drugs seem to be changing in the country with medical marijuana becoming the norm and recreational pot find support in several states. However, drug possession charges can be complicated in that they can be governed and prosecuted at both the state and the federal level. Laws and the ways they're enforced can vary from one state to another also, which makes defending yourself against charges even more confusing.

To boil it down to its most basic part, a drug possession charge must have two elements: the person had to know that the substance was controlled and had to knowingly possess it. The law generally divides possession into two types: possession for personal use and possession with the intent to distribute. It's an important distinction because the penalties can be at opposite ends of the spectrum. Simple possession could mean a fine whereas possession with intent could land you in prison for a long time.

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 Posted on March 24, 2017 in Criminal Defense

Organized retail crime (or “ORC”) is a type of crime that involves multiple actors. It appears that some people have realized that certain retail items are extremely valuable when they are sold on the street and have organized their efforts to hit stores in a coordinated fashion to maximize their bang for the criminal buck. These organizations are relatively new and only recently began attracting media attention. This post will go over ORCs and the potential consequences for people who are caught participating in them.

These are not “fly by the night” organizations. Many ORCs and their associated criminal enterprises can make millions of dollars a year reselling stolen goods. The initial thefts, the boosters, and fencers who eventually sell the products all stand to make major profits on sales of stolen goods.

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 Posted on March 22, 2017 in OWI

No one likes to have an ignition interlock device installed in their vehicle. In fact, it's an extreme inconvenience to have to blow into the device, and also embarrassing when passengers are in the car with you. Nevertheless, these devices play a crucial role in allowing those convicted of DUI to get back on the road as soon as possible.

In the state of Wisconsin, ignition interlock device usage is particularly common. In fact, the state was recently recognized by Mothers Against Drunk Driving (MADD) because ignition interlock devices in Wisconsin prevented more incidents of DUI than these devices have in any other state. In 2016, 37,299 instances of drunk driving didn't happen because drivers were blocked from using their vehicles by these devices.

MADD has made ignition interlock device laws it's top priority. When these devices are installed in a car, they prevent drivers from operating their vehicles if they have the smallest amount of alcohol on their breath.

Under Wisconsin law, any first-time drunk driver who had a blood alcohol content of 0.15 and up, in addition to all repeat DUI convictions, must install a breath interlock device in their cars.

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 Posted on March 21, 2017 in OWI

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.

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 Posted on March 20, 2017 in Criminal Defense

The act of taking an item in a concealed manner and leaving without paying is called shoplifting. Although it is a larceny, it is considered a theft of someone else's property. Although taking something from a store is considered as shoplifting, there are some other cases that may also lead to shoplifting charges. Any scenario in which you take off with something without paying will be considered shoplifting under the law.

The charges and sentencing for shoplifting usually vary depending upon the type of offense committed. For example, if the stolen goods are of more value, the sentencing could be severe. Furthermore, dangerous items like weapons being stolen is a serious issue which is why the charges are always more severe. The prosecution has the right to decide what charge they want to press against the defendant. There are several factors that the prosecutor analyzes before coming up with any formal charges. They may have a look at the defendant's prior record to see whether there is a history of shoplifting. Defendants without any serious history of shoplifting might get off easier than one's who have a history.

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