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Bucher Law Group, LLC
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Milwaukee County criminal defense attorney

If you have been involved in the criminal justice system or even watched police television shows like Law & Order, you may have heard the phrase “incompetent to stand trial.” What exactly does it mean if a criminal defendant is “incompetent” and how does this differ from a person being found not guilty by reason of insanity? Can mental illness alone prevent someone from being charged and convicted of a criminal offense in Wisconsin?

Wisconsin Man Charged with Homicide Found Not Competent to Stand Trial

In July of last year, a retired police officer and former marine was riding his motorcycle when he was struck and killed by a pickup truck. The driver of the pickup truck, a 27-year-old Wisconsin man of Mexican descent, allegedly told responding officers that he had intentionally caused the fatal accident and targeted the motorcyclist because he was Caucasian. Because the incident was intentional and based on race, the driver of the pickup truck was charged with first-degree homicide with a hate crime enhancer.

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Waukesha County criminal defense attorney weapons violations

Almost one out of every five adults in the United States are living with some form of mental illness. Depression, anxiety, obsessive-compulsive disorder (OCD), schizophrenia, and other mental illnesses can range in severity from mild to debilitating. If you have been diagnosed with a mental illness, you may wonder how this could affect your gun rights in Wisconsin. You may ask, “Are people with a mental illness prohibited from owning firearms?” or “Will I be forced to surrender my firearms if I am a patient in a mental health facility?” It is important to understand Wisconsin gun laws in order to avoid criminal charges. 

Wisconsin Law Regarding Firearm Possession and Mental Health

The right to possess a firearm is granted by the Second Amendment to the U.S. Constitution. However, there are some situations in which a person can lose his or her gun rights. Possession of a firearm is a Class G felony criminal offense in Wisconsin if the person possessing the gun:

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Waukesha County social security disability lawyer

Social Security disability insurance (SSDI) exists for the purpose of helping people who are unable to work, for whatever reason. According to the National Alliance on Mental Illness (NAMI), around 35.2 percent of SSDI recipients in 2013 were eligible for benefits based on a mental health condition. Mental disorders are some of the most difficult and subjective conditions to prove and accept in order to begin receiving benefits. The symptoms and severity of mental disorders are not as obvious as physical disorders, which is why many SSDI applications claiming a mental disorder are denied the first time a person applies. If you are applying for SSDI benefits in Wisconsin, it is important to understand what constitutes a mental disorder.

Types of Qualifying Disorders

In addition to a slew of physical impairments, the Social Security Administration (SSA) also recognizes that certain mental disorders have the ability to prevent you from working. The 11 categories for qualifying mental disorders are:

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