Posted on July 14, 2017 in Criminal Defense

No one expects to face criminal charges. Thus, when individuals in Wisconsin and elsewhere are faced with a crime, he or she is not prepared for the criminal defense process. Nonetheless, defendants should not let the opportunity to defend their rights and possibly beat any criminal allegations pass them by. Initiating a strong criminal defense begins by taking immediate action. From the moment of accusation, defendants can begin the process of proving their innocence.

The criminal defense process is not an action that defendants have to complete alone. It can be an overwhelming and emotional time, causing some defendants to become rather confused and vulnerable. At Bucher Law Group, LLC, we understand that many thoughts and concerns are rushing through the minds of criminal defendants. Thus, we are dedicated to helping individuals in the Delafield area understand their circumstances and navigate the criminal defense process.

Whether you are facing a felony or a misdemeanor charge, it is important to take any criminal charge seriously. This means becoming fully aware of the elements of the crime or crimes they are accused of. Because the prosecution needs to prove these elements beyond a reasonable doubt, steps might just possibly be taken to disprove or remove evidence used in the case. This ultimately could make it difficult or impossible to prove these criminal elements, possibly resulting in reduced or even dismissed charges.

Continue Reading ››

 Posted on July 06, 2017 in Criminal Defense

Facing a criminal charge can be an overwhelming experience. It can be difficult to process everything that is going on, and many thoughts and concerns run through the accused's mind. How serious is the charge? What evidence can be used against me? What penalties could I face? Are there any other consequences I could be hit with for having a criminal conviction? These are all normal question to face. However, many defendants in Wisconsin and elsewhere do not always focus on the last question and how a conviction could mean more than facing the penalties associated with the crime.

What are collateral consequences following a criminal conviction? To begin, it should be noted that collateral consequences are different from social consequences. Social consequences include things like losing a job and living with the social stigma of being convicted of that particular crime. In simple terms, a collateral consequence is any consequence that is a result of the sentence faced by a particular offender. In the United States, collateral consequences include the loss of or the restriction of professional licensures, the ineligibility for public funds, which includes welfare benefits and student loans, the loss of voting rights, the inability to serve on a jury, and even deportation if the convict is an immigrant.

Continue Reading ››

 Posted on June 29, 2017 in Criminal Defense

The heroin epidemic in Wisconsin is so bad that at the beginning of this year, Governor Scott Walker called on the government to take action. He called a special legislative session and noted that the heroin problem here is one that has to be attacked head-on.

One of the points that the governor called on the legislature to enact is a bill that would enable the legal system to forcibly commit a person into rehabilitation so they can get the help they need. Even though this seems like a good thing, it might be nothing more than a waste of taxpayer funds since most addicts won't get clean even with rehab until they are ready to get off the drugs.

Current legal consequences

Currently, all charges related to heroin are felony charges. Possession of heroin is a Class I felony. Selling heroin ranges from a Class F in the lower amounts up to a Class C in higher amounts. Enhanced charges are possible in cases that involve minors, which come with double the normal penalties, and selling heroin within 1,000 feet of a school, which has a mandatory minimum prison term of three years without the possibility of parole.

Continue Reading ››

 Posted on June 28, 2017 in Criminal Defense

Being charged with a crime can be life-altering for Wisconsin residents. A criminal conviction can lead to serious penalties, such as fines and jail or prison time. Additionally, a defendant could suffer personal and professional consequences, because a criminal conviction could harm their reputation. Another way a criminal record could impact an individual is by impacting the ability to get an education.

Based on the terms associated with the U.S. Department of Education, students who have a criminal conviction on their record have a limited eligibility to receive federal student aid. This could be based on whether a student aid applicant has been incarcerated or the type of conviction they have on their record. If you are currently incarcerated, once you are released, most eligibility limitations are likely to be removed.

It is possible to apply for federal student aid before you are released so that the application can be processed in time for you to start school shortly after your release. It should be noted that for individuals incarcerated for a drug-related offense or an offense that caused you to be subject to an involuntary civil commitment for a sexual offense, eligibility might be limited.

Continue Reading ››

 Posted on June 21, 2017 in Criminal Defense

When motorists in Wisconsin are stopped by police officers, they expect to receive a warning or a traffic ticket. While this is the best-case scenario during a traffic stop, motorists could face far more serious charges and consequences if police officers suspect that a driver or their passengers have committed a crime. If a controlled substance is discovered in a vehicle either subject to a search or because it was in open sight, this could result in drug charges.

This is what recently occurred during a traffic stop in Oak Creek. Based on preliminary reports, the Oak Creek police pulled over a motorist for operating a vehicle with a suspended license. During this stop, officer allegedly found the driver to be in possession of marijuana, claiming that it was obviously detected.

Police officers pulled the driver over on the 1200 block of W. College Avenue just before 2 a.m. When the police officer walked up to the driver's side window to initiate the traffic stop, it was reported that the officer could detect a strong odor of marijuana coming form inside the vehicle. Upon further investigation, the officer reportedly found an orange "dime bag" padded container that was also holding a glass pipe, silver metal grinder and rolling papers. These were all located in a black purse on the rear passenger seat.

Continue Reading ››

 Posted on June 14, 2017 in Criminal Defense

Drug crimes can vary greatly due to the variety of drug types, the quantity in question and the suspected activity with the alleged drugs. While some drug crimes are known to be more serious than others, charges related to drug paraphernalia are often viewed as minor. Nonetheless, those accused of possessing drug paraphernalia should understand that they could still face drug charges that carry with them notable penalties. Thus, no matter how minor or severe a drug charge, defense options should always be considered.

What are the laws in Wisconsin regarding drug paraphernalia possession ? According to the Wisconsin state legislature, drug paraphernalia is all equipment, products and materials that are used, designed for use or primarily intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing a controlled substance into the human body.

Continue Reading ››

 Posted on June 09, 2017 in DUI/OWI

As a previous post discussed, being suspected of drunk driving can be an overwhelming experience for motorists in Wisconsin and other states across the nation. For some drivers, he or she might be under the impression that the police officer stopping them has enough evidence against them to place them under arrest. However, an officer must have enough evidence collected to have probable cause to place a driver under arrest.

When a driver is requested to submit to a field sobriety test during a traffic stop, this can be challenging and concerning. An individual might want to say no, fearful of what the results might indicate. While a driver does have the right to refuse to submit to a field sobriety test, it is important to note that consequences could arise if an officer chooses to ask for a breath test and the driver continues to refuse. With a breathalyzer, implied consent to submit to this test is established upon obtaining a driving license. By refusing to comply, a driver faces the risk of a license suspension even if a DUI charge does not result.

Continue Reading ››

 Posted on June 02, 2017 in Criminal Defense

When you face drug charges, you could be looking at years of imprisonment, heavy fines and other penalties. It's very important that you have someone on your side to help you fight for your rights. Your attorney is there to assist you, and one of the things he or she will do is talk to you about your potential defense options.

In the case that you face charges for possessing drugs, you may wish to look into a number of different defenses. These are three that could work in your favor.

1. Challenge the location of the drugs

The first thing you may want to try is challenging the prosecution to present the drugs to the court. When drugs are seized, they go to crime labs and pass through the hands of many people before going into evidence. If the prosecution cannot present the evidence, your case could be dismissed.

2. Fight entrapment

Continue Reading ››

 Posted on May 31, 2017 in DUI/OWI

If a traffic stop in Wisconsin is based on a suspected drunk driving incident, a motorist is likely to face various steps and tests that will determine if they are in fact under the influence of alcohol. If police believe that a driver is over the legal blood alcohol content limit, that driver could face a drunk driving charge.

Being charged with an OWI is a difficult predicament to be in. Such a charge can result in harsh penalties and consequences. Because those facing an OWI in Wisconsin are only allowed 10 days to request a hearing before a driver's license is suspended, our law firm understands the importance of taking immediate action following a drunk driving charge.

At our law firm, we understand drunk driving laws and defense options. We are dedicated to helping residents in the Delafield area successfully navigate the criminal defense process. Whether it is your first offense or not, we do our best to help our clients navigate the process and understand their rights.

Continue Reading ››

 Posted on May 26, 2017 in Criminal Defense

When individuals in Wisconsin and elsewhere are placed in danger, they will likely react to the matter in a certain way. Whether it is the situation, a person or a weapon that ignites these dangers, people may take steps to protect themselves. It is an accepted principle that a person may take certain steps in self-defense.

How can you use self-defense as a criminal defense? Self-defense is considered to be a right, and it is an action taken by an individual to prevent suffering force or violence against their person by taking a sufficient level of counteracting forces or even violence. And while it might seem simple and clear on its face, self-defense raises many questions when it is applied in a given situation.

Because it might not be apparent what an appropriate level of force is in the situation, this could lead Wisconsin residents to question if a person lawfully protected themselves. Additionally, there is the question of whether the individual provoked the attack that they later used self-defense in. Other questions that need to be answered are whether or not the victim had the duty to retreat from the violence before using self-defense, or if the victim's apprehension of the threat is genuine and reasonable.

Continue Reading ››