Originally published: March 29, 2019 -- Updated: September 17, 2021

UPDATE: The state of Wisconsin does permit the open carry of firearms as described below, although there are a few cases where a person may be restricted from carrying a loaded weapon in public, such as when a person has been convicted of a felony or a domestic abuse charge. Gun owners should also be aware of the situations in which they could face criminal charges based on how a weapon was used. The offense of “endangering safety by use of a dangerous weapon” may apply in the following situations:

When we think about criminal defendants, we usually picture an adult. However, some criminal defendants are still school-aged. One 17-year-old Manitowoc County resident is facing two decades in prison for a crime that he allegedly committed when he was just 14 years old. The case has brought up many questions regarding juvenile criminal charges and punishments for minors.

Teen Allegedly Killed 7-Year-Old Relative by Burying Him in the Snow  

According to the complaint against him, the teen was just 14 years old when he was allegedly tasked with carrying out a punishment involving his 7-year-old relative. The prosecution reports that, per the parents’ instructions, the young boy was forced to carry a large log around the backyard as punishment for not memorizing Bible verses. The 14-year-old sentenced with the boy’s death allegedly struck, kicked, and taunted the boy as he carried out the punishment. The complaint also states that he buried the 7-year-old in packed snow and left him there for 20-30 minutes. The medical examiner found that the boy had suffered from hypothermia as well as several blunt force injuries before he died. The now-17-year-old has been convicted of first-degree reckless homicide. The teenager’s parents have also been charged because of their role in the young child’s death.

Should Juveniles Be Sentenced as Adults?

The entire situation is disturbing and heartbreaking. It also brings to light questions about Wisconsin juvenile law. Presently, any defendant over 10 years old charged with homicide can be charged in adult court in Wisconsin. Some believe that this rule unfairly punishes children who are not old enough to know what they are doing. Others believe that homicide should always be charged as an adult crime.

Cases involving accusations of domestic violence can be very complicated and emotional. While many of these cases arise out of legitimate concerns about the safety of family members, others may involve false accusations or reports by neighbors or family members who do not fully understand a situation. Those who have been arrested because of alleged domestic abuse will need to understand their rights, the issues that may affect them going forward, and how they can defend against criminal charges.

Arrests in Domestic Abuse Cases

Wisconsin law requires a law enforcement officer to perform an arrest if they have reasonable cause to believe that a person has committed criminal acts that may be considered domestic abuse and that one of the following is true:

• It is likely that the person will commit continued acts of abuse against the alleged victim.

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Among the different types of criminal offenses that a person may be accused of committing, sex crimes are some of the most serious. These charges carry significant consequences, including large fines and extended sentences in prison. A person convicted of a sex crime may be required to register as a sex offender, which will affect their ability to find a job and a place to live. Even if a person is not convicted, their reputation and relationships with others may be permanently affected. Some people may be unaware of the potential ways that using computers or the internet could lead to sex crime charges. Those who are accused of these types of offenses can work with an attorney to determine their best options for defense.

Sexual Offenses Involving Computers and the Internet

There are multiple ways that a person’s use of computer systems may result in sex crime charges. These offenses may fall into one of the following categories:

• Use of a computer to facilitate a child sex crime - It is illegal to communicate online with a child with the intent of engaging in sexual intercourse or sexual contact. These charges may apply if a person believes or has reason to believe that the child in question is under the age of 16, as long as the person believed that they were at least two years older than the child when they sent the communication. This offense is a Class C felony, and a person who is convicted may face a prison sentence of up to 40 years and a fine of up to $100,000.

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Driving under the influence, which is known as Operating While Intoxicated or OWI in Wisconsin, is a serious criminal offense, and a conviction can lead to significant fines, the revocation of a person’s driver’s license, and a prison sentence. While most people understand the dangers of driving after drinking alcohol and the consequences they may face for doing so, some may not realize that they can face the same charges if they drive while under the influence of marijuana or certain types of prescription drugs, such as opioids. By understanding how Wisconsin law addresses these situations and working with an attorney who is experienced in defending against these types of charges, a driver can determine their best options for defense following an arrest for OWI involving marijuana or other drugs.

Wisconsin OWI Laws Regarding Drugged Driving

The laws in Wisconsin define a blood alcohol content (BAC) level of .08 percent as the point at which a person is considered to be intoxicated. They also state that a driver cannot operate a motor vehicle if they have any amount of a controlled substance that can be detected in their bloodstream. These substances include marijuana, as well as other drugs and prescription medications. In addition, the law states that it is illegal for a person to drive if they have used any intoxicant or combination of substances that would cause them to be unable to operate a vehicle safely. This means that even if a person has a BAC below the legal limit, they could still face OWI charges because the combination of alcohol with other drugs impaired their ability to drive safely.

While the laws regarding the use of controlled substances while driving are clear, these cases may be complicated by the fact that it is not always easy to determine whether a driver is intoxicated because of these substances. After pulling a driver over on suspicion of OWI, a police officer may ask them to submit to a portable breathalyzer test to get an estimate of their BAC and determine whether they are over the legal limit. However, there is no equivalent test to determine whether a driver has marijuana or other restricted substances in their system.