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Bucher Law Group, LLC

2011 Assembly Bill 69 - The Castle Doctrine

Is a person's home truly their castle? A great deal of ink has been spread across the media sources lately relative to the Castle Doctrine. There has been a great deal of debate as to whether this bill was necessary. Under current law, an individual is entitled to use deadly force (i.e., force that is intended or likely to cause death or great bodily harm) when they "reasonably, subjectively and objectively" believe that such force is necessary to prevent death or great bodily harm to themselves or a third party.

If an individual is entering a person's home at any time and the person in the home reasonably believes that deadly force is necessary, current law governs this situation. Under the Castle Doctrine, the bill simply creates a presumption for the Court that under certain circumstances, the force was necessary and, therefore, removes the fact-finding issue as to the subjective or objective belief of the individual, if the use of deadly force occurs under certain circumstances.

2015 Wisconsin Legislative Updates – 2 Issues Important to Know

2015 Legislative Updates

The Wisconsin Legislature, during its final session of 2015, was extremely busy. It is virtually impossible to summarize all of the legislative enactments dealt with during that session. However, there were 2 issues that I believe are important to you, our client.

The first topic concerns Wisconsin Act 45, which deals with monitoring another individual by utilizing a GPS, an act that was commonly practiced by many individuals, and especially by many parties involved in contentious divorce cases, but which now constitutes a criminal act. Sec. 940.315 Wis. Stats. has been created to prohibit an individual from placing a GPS device, or a device equipped with global positioning technology, on a vehicle owned or leased by another person without that person's consent. While this is certainly an act that most parties would not consider, this act was certainly not uncommon in many cases - particularly divorce actions - where one party believed the other party was committing adultery and wanted to utilize information to prove any such action. Effective July 3, 2015, this action is now deemed a Class A Misdemeanor under Wisconsin statute. In addition, it is also a misdemeanor to obtain information regarding another person's movement or location as generated by a GPS device. There are exceptions but, for the most part, it is now a criminal act to place a GPS device on another person's vehicle without that person's knowledge or consent. Surprisingly, the Act restricts the action to a vehicle, which does exempt the use at other locations.

Considering Concealed Carry? The Dynamic of Pulling the Trigger.

How far are you willing to go to protect yourself, your friends, and loved ones? Many Wisconsinites were quick to apply for a concealed carry permit. Few, however, are prepared for the potential legal battle that could occur should they actually have to shoot an armed criminal.

More than 127,000 concealed carry applications have been turned in as of July 14. Almost 117,000 licenses have been printed since the application process began Nov. 1, 2011. I recently mailed in my application, along with my $50 check and proof of training. I am over the age of 21, and passed the background check. Two weeks later, my permit arrived in the mail.

Considering myself a prudent person, I interviewed a few police officers, a concealed carry trainer, and a lawyer. I won't carry yet because I am not ready. Packing heat is a big responsibility and must be taken seriously. Skillful shooting is just one element – you also have to be prepared for the legal battle that could, and probably will, follow should you ever pull the trigger. All new concealed carriers should fully understand the dynamic of pulling the trigger.

Which Class to Choose?
Even though I had already taken hunters safety and a basic pistol shooting class, I still intend on taking a concealed carry class.

Concealed Carry Case

Individuals who have confronted intruders, either in their home or in a public area, recently made headlines regarding the use of deadly force. This is an example of the proliferation of firearms of individuals who feel threatened, as well as the legislative acknowledgement that law-abiding citizens should be able to protect themselves by carrying concealed weapons and creating the presumption that the use of deadly force was legitimate in an individual's home.

As indicated in my previous articles regarding the Castle Doctrine and the Concealed Carry legislation, individuals who attempt to carry concealed weapons must obtain a permit to do so. I have gone through a class, even though it wasn't necessary. I found it extremely helpful in explaining the aspects as to when to shoot and when not to shoot. The public must understand that this is reality and not as it appears on television — when a decision is made to display a firearm and point it in the direction of another, deadly force will likely be used and must be contemplated by the individual carrying the firearm. Once the trigger is pulled, there is no going back. Unfortunately, it is a grisly scene that is created as a result of this action.

Court Commissioner for the Honorable Lloyd Carter

I am proud to announce that I have been selected to serve as Court Commissioner for the Honorable Lloyd Carter of the Waukesha County Circuit Court.

As a court commissioner, I have the ability to hear supplemental proceedings for the collection of judgments, as well as other supplemental matters that come before the Circuit Court. In addition, I may perform marriage ceremonies and other nonjudicial functions on behalf of Judge Carter.

If you are in need of a court commissioner to perform a civil marriage ceremony or regarding a supplemental proceeding, please contact Bucher Law Group, LLC.

I am also proud to announce that I was recently nominated and was awarded one of the most prestigious designations available by Lexus Nexus. I have been selected from a handful of lawyers throughout the country as a preeminent award winner relative to my representation of my clients.

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