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Bucher Law Group, LLC

Clarke's comments shouldn't be controversial: Citizens have right to defend themselves

By Paul E. Bucher Recently, a great deal of attention has focused on Milwaukee County Sheriff David Clarke for speaking the truth. We have the typical hand-wringers and naysayers, such as Mayor Barrett and others, who are afraid to face the truth. This issue is not directed at 911 or the competency of the 911 operators, who are dedicated, competent professionals.

This concerns the inadequacy of the staffing of law enforcement and the violent tendency of individuals in today's world to cause harm or death to otherwise law-abiding citizens. This also concerns the Wisconsin Constitution and the U.S. Constitution, which allows individuals in this country to be armed as a means to protect themselves, if they so choose.

DNA testing is helpful in Wisconsin's criminal cases

Recent advances in technology have helped us preserve the innocence of some criminal suspects. For example, DNA collection and analysis serves as a powerful tool for convicting the guilty and exonerating the innocent.

According to the National Institute of Justice, 1/10 of 1 percent of DNA differs from individual to individual. Therefore, scientists use variable regions to generate a DNA profile of a person. To do so, analysts use blood, bone, hair and other body samples.

In criminal cases, investigators obtain samples of DNA evidence from the crime scene and a suspect and analyze samples for a set of specific DNA regions or markers. If the DNA evidence and suspect's sample do not match, in some cases, this may relieve a defendant of criminal liability. DNA evidence from a crime scene can also be analyzed against profiles stored in a database.

Is Anyone Out There Listening: One Party Consent and Wisconsin's Wire Tap Law

Waukesha County Bar Association

Family Law Section

January 15, 2009

I. Wis. Stat. 968.27 to 968.31 [1] (WESCL) governs the subject matter on a State level.

i. Created to protect individuals from governmental intrusions that infringe upon the expectation of privacy.

ii. 18USC§2510 et seq. established procedures to assist law enforcement and the states to balance the needs of law enforcement and individual privacy rights.

iii. Congress authorized states to pass laws that create a similar but not less restrictive set of guidelines dealing with electronic surveillance.

iv. Section 968.27-968.31 was born and is alive and well today. For the most part, WESCL and 18§2510 et seq. are identical.

How does Wisconsin's sex offender registry work?

Wisconsin residents who have been charged with a sex crime can face many serious consequences including the requirement to register as a sexual offender.

Most states around the country have their own program which requires people convicted of sex crimes to register for some period of time. The stated purpose of these programs is to allow people to be tracked and to improve public safety. A sex offender registry can be an extra hurdle to overcome for people wishing to re-establish their lives after a sex crime conviction. Understanding what is required with this program is important for anyone facing these types of charges.

Who has access to sex offender registry information?

The Wisconsin Department of Corrections explains that the state's Sex Offender Registration Program collects a variety of information from registrants including the street address where a person lives.

Various entities can obtain details on a registrant including law enforcement officials, neighborhood groups, victims and even the general public. However, exactly what details are provided will vary based upon the type of person seeking it. The general public, for example, may not see all of the same information that a police unit member may obtain.

"Limited liability" and Personal Guarantees?

If your business is a corporation, LLP (limited liability partnership) or LLC (limited liability company), it has limited liability. That means that the owner is not personally responsible for the debts of the business. If the business goes bankrupt, the owner should be able to escape personal liability for the debts of the business.

If your business is a sole proprietorship or a partnership, you don't have the protection of limited liability. The owner can be pursued personally for business debts.

So what happens to your limited liability when you sign a personal guarantee? If you are transacting a loan with a bank or a commercial lease with a landlord, you will get a demand for a personal guarantee of the obligation. In that case, the personal guarantee trumps the limited liability, and you could be held personally responsible for the obligation if your business doesn't pay.

Most lenders making loans to family-owned companies, LLPs or LLCs will insist on a personal guarantee.

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