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Bucher Law Group, LLC


Waukesha Lawyer for Sex Crime defenseAmong 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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milwaukee county defense lawyerA new bill has been introduced to Wisconsin lawmakers that would allow the victims of sexual assault to petition the court for a lifetime restraining order against their convicted perpetrator. “Kayleigh’s Law” was recently presented in both the House and the Senate and, if approved, would give victims the ability to obtain a restraining order against their assaulter even after the assaulter’s probation has ended. The law was recently signed into law in Arizona, the first state in the country to do so.

Sexual Assault Victims

According to state statistics, 20 percent of Wisconsin high school students say that someone has forced them to engage in sexual acts they did not want to participate in. Nationally, one in three women and one in six men have been victims of sexual violence, and 90 percent of victims know the person who sexually assaulted them.

Under current Wisconsin law, adult victims can only obtain a restraining order against their assaulter for up to four years. Child victims can obtain a restraining order against their assaulter for up to two years. In some situations, the restraining order may be extended up to 10 years for an adult victim and up to five years for a child, but only if there is a substantial risk to the victim.

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Milwaukee County Criminal Defense AttorneyMany criminal cases are “solved” by police because of DNA evidence. DNA is a complex molecule that contains an individual’s unique genetic code. With the exception of identical twins, no two people share the same genetic code. 

By Wisconsin law, if you are arrested for a violent crime, police are required to take a sample of your DNA. A new law recently signed by the governor extends the sample requirement to anyone who moves to Wisconsin who has previously been placed on parole, probation, or extended supervision in another state.

DNA Requirement

In 2015, Wisconsin passed a law that made it mandatory for any person arrested for a violent felony to submit their DNA to be stored in the Wisconsin DNA Databank. This law applies to anyone who is arrested for arson, burglary, child abuse, homicide, robbery, sexual assault, and other violent crimes. These samples are not allowed to be processed unless and until a judge rules that police have probable cause a crime was committed.

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Jefferson County Criminal Defense AttorneyLast month, several Wisconsin state lawmakers introduced a handful of bills that target police and justice reform. One of the lawmakers who introduced the bills referred to as the “Enough Is Enough” package, says the proposed legislation is meant to build on and not negate the proposals that came out of Assembly Speaker Robin Vos’ Task Force on Racial Disparities.

Enough Is Enough

The Speaker’s task force and the Enough Is Enough package are in response to the demands for police reform from many Wisconsin residents who have spent the last year protesting. The proposed changes focus on what type of training police officers should and should not have, as well as who should be making decisions when it comes to disciplinary procedures for police misconduct and officer-involved deaths.

Highlights of some of the proposed training changes for officers include:

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wisconsin expungement lawyerWhen a person has a criminal record, that history can significantly impact their ability to find employment, housing, and even education. This is especially true for people who committed criminal acts when they were juveniles. Many states allow that juvenile record to be expunged, depending on the circumstances of the crime. When a criminal record is expunged, it removes arrests and/or convictions as if they never occurred and not even the courts, prosecutors, or law enforcement have access to the record.

Wisconsin has a very limited juvenile expungement process and thanks to a recent Wisconsin Supreme Court ruling, that process may be even more difficult.

Juvenile Justice and Expungement

It has been well documented in study after study that a teenager’s brain is not fully developed, especially in the prefrontal cortex of the brain. This is the part of the brain that controls a person’s ability to delay and reflect on a decision. This is why many teens often will act before they think about what they are doing. This area also controls impulsivity, something that many teens have a hard time with. The prefrontal cortex also controls a teen’s ability to consider the consequences of their actions, as well as buckle to peer pressure.

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