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Recent Blog Posts
When Do I Need a Lawyer for a Traffic Offense?
Some traffic tickets are quite minor affairs. Perhaps your headlight went out and you got a “fix-it” ticket, or you were simply speeding just slightly. These situations can often be resolved without the assistance of an attorney, especially if you have no or very few previous moving violations. Some traffic offenses, however, are much more serious. Certain vehicular crimes can lead to the loss of your driving privileges or even jail time. If you have been charged with one of these offenses, it is important that you take it very seriously and immediately contact a qualified traffic offenses defense lawyer. Much more than a fine or some points on your license could be at stake.
When Should I Call a Lawyer After Being Charged With a Traffic Offense?
A traffic ticket probably will not have much of an impact on your life in the long run. Things like speeding or not wearing a seatbelt are considered violations rather than true crimes. However, a misdemeanor or felony charge for something that happened in traffic can have a devastating impact on your life. You may want to consult a defense attorney if you are charged with:
Which Drug Crimes Are Felonies in Wisconsin?
Felonies are more serious crimes that can result in a prison sentence of more than one year. Drug crimes are the most common reason that non-violent offenders are incarcerated across the country. However, not all drug crimes are felonies. Simple possession of certain narcotics, especially as a first offense, may be charged as a misdemeanor rather than a felony. However, it is possible to be charged with and convicted of a drug felony even if you have no prior criminal record. If you are facing felony drug charges, an attorney may sometimes be able to make a strong argument for having your charges reduced to misdemeanors.
Which Drug Offenses Are Misdemeanors?
Misdemeanor drug offenses usually involve the possession of a small amount of an illegal narcotic for personal use rather than any kind of sales or manufacturing operation. Drug-related misdemeanors include:
- Paraphernalia - If you are caught with a device used to consume drugs, such as a marijuana pipe or a needle used for heroin injection, you could be charged with a misdemeanor even if you did not have any of the narcotic on you at the time.
Can “Sexting” Lead to Criminal Charges in Wisconsin?
Smartphones have changed almost every aspect of our lives. Taking a quick picture and sending it to a friend or romantic partner is easier than ever. However, when the picture is sexually explicit and the subject of the picture is underage, the person who took the picture may face criminal charges. So-called “sexting” may seem like harmless fun to teens, however, sexting can lead to charges for sexual exploitation of a child or child pornography.
Teenagers Can Face Criminal Charges for Nude Photographs
In Wisconsin, it is against the law to create, possess, or distribute sexually explicit pictures of anyone under 18 years old. Many people misunderstand the law about sharing nude photographs. They assume that it is only illegal if one party is an adult, and the other party is a child. However, Wisconsin’s laws prohibiting sexual exploitation of a child apply to both adults and minors. It is illegal for someone 18 years old or older to take or send nude pictures of an underage person. But it is also illegal for an underage person to take a nude selfie of himself or herself and send it to another person. Parents who allow children to take or distribute nude photographs may also face criminal charges.
How Can a Lawyer Help Me if I Was Charged With Hit and Run?
Wisconsin law requires individuals involved in a serious car accident to stop and exchange contact information. However, some drivers flee the scene. Whether due to the shock of experiencing a traumatic car crash or in an effort to avoid criminal charges, leaving the scene of an accident is illegal. Individuals charged with committing a hit and run can face fines up to $1,000 and up to six months in jail. However, if great bodily harm resulted from the crash, the offender may face felony charges and up to 15 years’ imprisonment. The consequences of a hit and run can be life-altering, so securing strong legal representation is crucial.
Defending Against Hit and Run Charges in Waukesha County
The first step in defending yourself against hit and run charges is hiring an experienced criminal defense lawyer. Your lawyer will evaluate the circumstances of the alleged offense and get details about how and when the accident occurred. Evidence including traffic cameras, dash cameras, forensic evidence at the crash scene, and vehicle damage can help the attorney piece together what happened. Witness statements can also be useful evidence; however, eyewitness accounts are not always reliable. Your attorney will ensure that any evidence is obtained and preserved properly.
Is it Legal to Possess a Firearm After a Felony Conviction in Wisconsin?
Wisconsin has gun laws that respect the rights of its citizens to engage in hunting, recreational gun ownership, and self-defense. However, people who have been convicted of a felony offense are prohibited from owning or possessing firearms and there are serious consequences for those convicted of illegal possession of a gun. If you are facing charges of illegal firearm possession, it is important to have a skilled and aggressive criminal defense lawyer who can help you build a case on your behalf.
When Can Possession of a Firearm Be Illegal in Wisconsin?
There are many situations in which a citizen may not be legally permitted to own or possess a firearm, but behavior related to felony convictions is one of the most common. Persons can be prohibited from having a gun in the following circumstances:
OWI Defense Strategies in Waukesha County, Wisconsin
A conviction for drunk driving can have significant legal and financial implications. Operating while intoxicated (OWI) can lead to fines and loss of your driver’s license. Second and subsequent OWI convictions are penalized even more harshly. Some OWI offenses even result in jail time. If you or a loved one were accused of drunk driving, it is important to explore your legal options.
How to Defend Yourself Against an OWI or DUI in Wisconsin
Being accused of a crime like drunk driving or drugged driving does not necessarily mean you will be convicted of the offense. As with all criminal charges, the prosecution must prove your guilt beyond a reasonable doubt. An experienced criminal defense attorney may use many different tactics to cast doubt on your guilt or prove your innocence.
Understanding Probable Cause in a DUI Case
Police do not have free reign to pull over drivers for no reason. Officers must have a reasonable suspicion that the driver has committed a crime. For example, if police see you run a red light or weave in and out of traffic, they have the right to pull you over. If police pull over a driver without a valid reason for doing so, any evidence obtained during the traffic stop may be inadmissible under the exclusionary rule. Evidence, such as the results of a breathalyzer test, would be unusable during future legal proceedings.
When Can the Use of a Firearm Lead to Criminal Charges in Wisconsin?
The state of Wisconsin allows residents to carry firearms in many situations. Concealed carry licenses allow people to carry handguns on their person or in their vehicle, and the state also allows for open carry of handguns and other types of firearms in locations where concealed carry is allowed. However, while some weapons charges may be avoided by ensuring that a person has obtained the proper licenses and is following the laws for carrying and transporting firearms, criminal charges may apply in situations where a person uses a firearm and causes harm to others.
Crimes Involving the Use of a Weapon
Wisconsin law specifies certain criminal charges that fall under the category of “endangering safety by use of dangerous weapon,” which includes multiple types of cases where a person may accidentally or intentionally fire a gun and injure someone else or put another person at risk of being injured. These charges may include:
What Illinois Drivers Need to Know About Wisconsin Traffic Violations
Since Wisconsin and Illinois are neighboring states, there are many situations where drivers who reside in Illinois will visit or travel through Wisconsin. While many drivers are able to avoid any serious incidents, some drivers may be pulled over by police officers and issued traffic violations. Because the two states have different laws, a person who lives in Illinois may not realize the consequences they may face if they receive a Wisconsin traffic ticket. Failure to follow the correct procedures could result in unexpected penalties, so before paying a traffic ticket or taking other steps to address a violation, it is a good idea for these drivers to consult with an attorney who is experienced in Wisconsin traffic laws.
Consequences of a Traffic Violation Conviction
The state of Wisconsin uses a points-based system for assessing penalties for traffic violations. Different violations will cause a certain number of demerit points to be added to a person’s driving record. If 12 points are added to a person’s record within one year, their driver’s license will be suspended.
What Are the Penalties for Retail Theft in Wisconsin?
As the holiday shopping season becomes busier and busier, many store owners become concerned about the losses they may suffer because of shoplifting. Because of this, retailers and police officers are likely to take strong action against anyone who is accused of committing retail theft. Those who may be facing these types of accusations will want to be sure to understand the nature of these crimes and the potential penalties they may face if they are convicted on criminal charges.
Wisconsin Retail Theft Laws
Retail theft may involve many different types of activities. While shoplifting is generally thought of as pocketing merchandise and taking it out of a store without paying for it, a person may also face criminal charges if they conceal items from a store’s owner or transfer items to someone else with the intent of stealing them. Retail theft charges will also apply if a person changes a price tag or alters the price of an item, such as by scanning the barcode of a different item at a self-checkout. A person may also be charged with retail theft if they remove a theft-detection sensor from merchandise or use a device that is meant to remove these sensors or shield them from scanners.
What Are the Penalties for a Felony OWI in Wisconsin?
Drunk or intoxicated driving is taken very seriously by law enforcement officials. A person who is arrested and charged with operating while intoxicated (OWI) can face serious consequences, including the requirement to pay fines and court costs, as well as the loss of their driver’s license for a significant period of time. In some cases, a person may also be sentenced to time in prison. There are certain circumstances where OWI may be charged as a felony, and a person will face even more serious penalties. An experienced attorney can help determine the best defense strategy in felony OWI cases.
Felony Drunk Driving Charges
In Wisconsin, a first-time OWI is a civil infraction rather than a criminal charge, and a second or third OWI is a misdemeanor, although a third OWI may be charged as a felony if a minor under the age of 16 was in the vehicle. Any subsequent OWI will be charged as a felony. A fourth OWI is a Class H felony, and a conviction can result in a prison sentence of 60 days to six years, as well as a fine of $600 to $10,000. A fifth or sixth OWI is a Class G felony, and a person who is convicted may be sentenced to between one and 10 years in prison and fined between $600 and $25,000. A seventh, eighth, or ninth OWI is a Class F felony that can result in a sentence between three and 12.5 years and a fine of up to $25,000. A tenth or subsequent OWI is a Class E felony, and a person may receive a sentence of four to 15 years and be fined up to $50,000.
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