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Recent Blog Posts

Postpartum Depression in Wisconsin Criminal Cases

 Posted on September 20, 2024 in Criminal Defense

WI defense lawyerWhen people imagine a woman who just gave birth to a healthy baby, they often think about a mother happily snuggling her cooing newborn. Unfortunately, for women who suffer from postpartum depression (PPD), that picture can seem a lot more like fantasy than reality. When PPD turns into postpartum psychosis, the severe confusion, depression, hallucinations, and suicidal ideation that can result can lead the mother to harm her child in a way she otherwise would never imagine. When facing charges of domestic violence, child endangerment, or even infanticide, an experienced Walworth County, WI criminal defense lawyer can advise you on whether postpartum depression can be used as a mitigating factor in your defense.

Mitigating Factors in Wisconsin Criminal Cases

While judges tend to follow sentencing guidelines, many consider the surrounding factors. Some, like a history of violence and crime, are aggravating circumstances that could make a judge impose a harsher-than-average sentence for a particular crime. Other factors can be mitigating circumstances. If a defendant was a victim of violence in the past, contributes to her community, or has a history of being a stable, law-abiding citizen a judge might consider a more lenient sentence. As the Wisconsin Court of Appeals states: "Whether a particular factor will be considered as a mitigating or aggravating factor will depend on the particular defendant and case." In cases of mothers harming their babies, postpartum depression is increasingly being used as a mitigating factor in the defense’s case.

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Getting a DUI in Wisconsin When You Are from Out-Of-State

 Posted on September 16, 2024 in DUI/OWI

Waukesha, WI DUI LawyerWith college football season underway, many sports fans flock to Wisconsin to enjoy a favorite American pastime. Since tailgate parties, backyard barbeques, and beer are popular parts of the general festivities, it is no wonder that many visitors from out-of-state end up with a DUI arrest in parallel with the football schedule.

Since Wisconsin has different traffic laws than other states, even neighboring states that are an easy drive away, it can be confusing and stressful for visitors to get pulled over and face the possibility of criminal charges. If this happens to you, speak with a knowledgeable Wisconsin DUI lawyer who understands how this type of case can affect you in your state of residence.

How Is an Out-of-State DUI in Wisconsin Penalized?

Wisconsin has different laws than other states. In general terms, it can be easier in some other states to avoid a DUI conviction, through plea bargaining, for example. In other states, you can sometimes get reduced charges, have your license suspended temporarily, be ordered to attend road safety classes, and then get your case dismissed and maintain a clean record.

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Can I Go to Jail for Covid Fraud in Wisconsin?

 Posted on September 07, 2024 in Criminal Defense

Jefferson County, WI wire fraud defense lawyerAs the COVID-19 pandemic began to have a noticeably harmful impact on people’s physical, mental, and financial health, Congress passed various measures to provide financial aid to people and businesses that were struggling. Hundreds of billions of dollars were set aside for companies, small businesses, and unemployed individuals.

However, with all these relief funds becoming available, claims of fraud increased. After uncovering over $8 billion in relief fraud, the Department of Justice formed the COVID-19 Fraud Enforcement Task Force to address it. Over 1,000 people have already faced criminal charges related to the COVID-19 relief funds. If you believe you might be accused of this form of federal fraud, speak with a skilled Waukesha County, WI criminal defense attorney to learn more.

What Is COVID Fraud?

Federal COVID-19 fraud refers to people illegally obtaining benefits from federal relief programs. If you are facing these charges, it means you are being accused of:

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What You Need to Know about Federal Gun Safety Law

 Posted on August 29, 2024 in Gun Violations

WI defense lawyerGun laws are a topic that can inspire heated debate for many people. Some people are heavily focused on gun control and limiting who can possess which type of weapons, while others are dedicated to the constitutional right to bear arms. Wherever you fall on this issue, it is clear that the gun safety law that President Biden signed in 2022 has started to take effect. According to a recent report, it has led to over 500 cases of federal weapons charges. If you are facing criminal charges related to the new law, speak with a skilled Racine County, WI criminal defense lawyer to understand how this new federal legislation can affect you.

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Navigating Traffic Court in Wisconsin

 Posted on August 23, 2024 in Criminal Defense

WI defense lawyerMany people charged with traffic violations find themselves in court for the first time. Without prior experience, traffic court can be stressful and overwhelming. This article will offer several tips for a smoother process, preferably without facing added fines or penalties. If you are facing charges of serious traffic violations, speak with a skilled Dodge County, WI criminal defense lawyer to learn more.

Tip 1: Appear in Court on the Appointed Date

When you face traffic charges, you will be told a date and time to appear in court. It is very important to show up when you are supposed to. Otherwise, the court will submit a default judgment against you. Depending on your case, you could face additional penalties and fines, and an arrest warrant can even be issued against you.

Tip 2: Dress Appropriately

Traffic court is not the same as a formal proceeding, but do not let that fool you into dressing too casually. It is important to look professional and put-together and avoid coming off as an unproductive member of society.

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Alternatives to Jail Time for Drug Charges in Wisconsin

 Posted on August 15, 2024 in Criminal Defense

WI defense lawyerThere is a big debate in America about how to handle drug crimes. On the one hand, drug use is illegal, and many believe that it should remain criminalized. On the other hand, many people charged with drug crimes suffer from addiction, and there are calls to handle them with treatment instead of punishment. Wisconsin places the focus on helping people and communities harmed by substance abuse, and as such, there are certain cases when alternative options are available for sentencing. The state’s Treatment Alternatives and Diversion (TAD) programs are geared more toward rehabilitation than punishment. It is not offered for all people facing all charges but depending on the circumstances of your case, this could be an excellent alternative for you. If you are facing criminal charges for drug crimes, speak with a qualified Walworth County, WI criminal defense attorney to learn more.

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Tips for Hiring a Criminal Defense Lawyer in Wisconsin

 Posted on August 09, 2024 in Criminal Defense

WI defense lawyerIt can be stressful and confusing when you find yourself in legal trouble. Whether you need help handling a legal matter or are facing criminal charges, the lawyer who takes your case can make a big difference. How do you know who to hire if you never needed a lawyer before? This article will offer tips to help you decide who should represent you. If you need any legal assistance for anything from a traffic violation to homicide, speak with a skilled Ozaukee County, WI criminal defense attorney.

Important Considerations

The legal system in Wisconsin can be complex. This is especially true if you are involved in a criminal case. Criminal defense lawyers are trained to handle these cases and ensure that their clients’ rights are protected. However, it can be difficult deciding who you want representing you in your case. When you are considering which law firm to hire, you should have the following in mind:

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Flag Burning in America: Legal or a Criminal Offense?

 Posted on July 29, 2024 in Criminal Defense

WI defense lawyerIn today’s political landscape, many Americans pride themselves on exercising their freedom of expression. Whether their displeasure is with a specific policy, elected official, or law, they can voice their unhappiness as loudly as they want, as long as they are not hurting or harming anyone else. Over the past year, with political protests generally stopping short of physical violence, questions have been asked about what is legal in the context of political protest and self-expression.  This article will review the legality of flag burning in America. If you are arrested at a protest and believe you were simply realizing your freedom of expression, contact a seasoned Jefferson County, WI criminal defense attorney who can build a strong defense and advocate for your rights.

Overview of Legal Precedent for Flag Burning

The First Amendment of the Constitution of the United States protects a person’s right to burn a flag, specifically the American flag. Several decisions have been made over the years on this topic, with the Supreme Court consistently confirming that the act of burning flags falls under the greater category of free speech, which is therefore, protected by law. Some of these decisions include:

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Can Police Force Phone Unlock with a Thumbprint Scan?

 Posted on July 19, 2024 in Criminal Defense

WI defense lawyerAccording to a recent federal ruling by the US Court of Appeals for the 9th Circuit, the police can force a suspect to unlock his phone using a thumbprint scan. Although the Fifth Amendment of the US Constitution protects people from incriminating themselves, this ruling means that the protections in the amendment do not extend to a locked cell phone. This is quite a significant ruling, particularly because it covers the forced use of biometrics, an area of the law that has not been settled until now. This ruling can have far-reaching impacts on the legal processes for defendants. If you think you might be suspected of a crime, speak with a skilled Milwaukee, WI criminal defense attorney who can help you understand your rights and protect your interests.

When Can You Be Forced to Unlock Your Phone?

The appeals court based its decision on two previous rulings by the Supreme Court that had similar implications. In one case, Doe v. United States in 1988, a defendant was forced by the government to sign a document that provided his consent to disclosing his bank records as they related to accounts that the government was already aware of. In this case, the court believed that the act of signing the document was not an act of incrimination, especially because the bank could have ultimately been forced to produce the records. The second case, United States v. Hubbell in 2000, involved a subpoena that forced a suspect to make records available and answer questions about them. This time, the Supreme Court ruled against the government.

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New Law: Repeat Offender Penalties for Multiple Counts

 Posted on July 12, 2024 in Criminal Defense

WI defense lawyerThose who commit criminal offenses will usually be held accountable, even if it takes a while. The American criminal justice system revolves around the premise that punishment for a crime will deter further crime. In theory, when that lesson is learned, the person turns away from committing more criminal acts, and society benefits. Criminal defense attorneys seeking justice for their clients also factor into this equation. The end goal for all is less criminal behavior, increased safety, and a happier society.

Since the societal goal is to prevent criminal offenders from reoffending, making penalties for a first offense equal to those for a third offense is not the direction we want to take. If you are charged in Wisconsin with a criminal sexual offense, it is important that you speak to a knowledgeable attorney who can decipher the new laws and explain your options. This new law could affect how your Jefferson County attorney approaches your defense.

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