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Your rights during the criminal trial process
Being arrested for a criminal allegation is a difficult event to process. While individuals in Wisconsin and other states across the nation understand that they are afforded certain rights, this doesn't make it any easier to face criminal charges. Many questions and emotions arise when a defendant is formally charged with a crime. Thus, it is important to understand what happens next.
Following a formal criminal charge, a defendant's case moves forward to the criminal trial process, unless the accused pleads guilty to the charges. The criminal trial begins with the jury selection process. This is a right provided to defendants.
Another right, which is provided by the Sixth Amendment, is the right to counsel. If a defendant is unable to afford an attorney of their own, they might be entitled to a court-appointed attorney. This is a right that can be invoked before, during and after a criminal trial.
Is Marijuana Legal in Wisconsin?
It appears that the Wisconsin Legislature and Governor Walker are heading in the direction of one day approving the medicinal use of marijuana. Although Wisconsin is taking "baby steps", it is moving in the right direction as it relates to the medicinal use of marijuana.
In a series of legislative acts passed by the Wisconsin Legislature and signed by Governor Walker, a derivative of Tetrahydrocannabinol ("THC") known as CBD Oil has been made legal in Wisconsin, with certain restrictions as to its possession and distribution. CBD Oil contains a very low level and, in some cases no level, of THC, which is the active ingredient of marijuana. CBD Oil is believed to have no psychotic effect nor produce a "high." It is designed to reduce seizures and assist individuals who would benefit medically from very low doses of THC.
If you research the genesis of CBD oil, you will find it is produced from Hemp, and we will provide further information on Hemp in future posts. If you are interested in possessing, purchasing or manufacturing CBD Oil, do not simply purchase from an out of state manufacturer, with the intent of selling it in Wisconsin. Bucher Law Group is currently dealing with clients who have been charged with the delivery of marijuana for selling CBD Oil. The law requires that there be a prescription or certification for CBD Oil from a physician. If you or your family could benefit from the use of this oil, you need to seek certification from your physician.
Milwaukee woman arrested for third OWI offense
Motorists are expected to follow the rules of the road. If police officers believe they have observed a traffic violation, the officer can pull that motorist over. In some cases, it might not be apparent that the driver has violated a traffic law. However, this doesn't mean that they will not face a citation. In fact, some motorists could face serious penalties for the traffic crimes they are accused of.
According to recent reports, a Milwaukee woman was arrested after police officers apparently observed the 37-year-old woman's 8-year-old son driving her vehicle. Based on preliminary reports, a Milwaukee County sheriff's deputy observed the woman's vehicle entering the on-ramp of Highway 145 at West Fond du Lac Avenue while her young child was seated on her lap.
Her young son was allegedly steering the vehicle for her. When a traffic stop was conducted, the driver apparently refused to cooperate. According to reports, the driver showed visible signs of impairment and failed the sobriety test conducted at the scene.
What are the drunk driving laws in Wisconsin?
Being pulled over by the police is often unexpected and, in most cases, motorists become nervous. Regardless of the traffic offense, drivers do not want to face the potential penalties of the citation. However, in some cases, these consequences could be serious, such as in cases of a suspected drunk driving.
What are the drunk driving laws in Wisconsin? In Wisconsin, drivers are considered to be over the legal limit if their blood alcohol concentration, or "BAC," is 0.08 or greater. These measurements are determined by either a breath test during a sobriety test, a breath test subsequent to an arrest or a blood test following an arrest.
However, this BAC reading is only relevant if the motorist is 21-years-old or older. Drivers under the age of 21, are required to maintain absolute sobriety. Operating a motor vehicle with any amount of alcohol in their system is illegal and could result in charges and serious penalties. If a motorist has three or more prior OWI convictions, the BAC limit is lower for them. In these cases, the driver cannot operate a motor vehicle if the BAC is greater than 0.02.
4 things you should know about drunk driving charges
The reality you face when you are arrested for drunk driving is often a wake up call. There are several things that you need to think about if you have to answer to a drunk driving charge.
Typically, everything that happens from the reason for the traffic stop through the remainder of the legal process might impact your defense options. Make sure you think about all of these points and consider them carefully when you are facing a drunk driving charge.
#1: The officer needs a reason to pull you over
A police officer can't just pull you over because he or she feels like it. The officer must have a reason to pull you over. In the case of a traffic stop or a stop for the suspicion of drunk driving, this is known as reasonable suspicion. A police officer might be able to justify a stop if there is another reason to pull you over, such as a burnt out taillight. Other reasons that fall under reasonable suspicion might include swerving, speeding, stopping abruptly and running a stop sign or drifting into another lane.
Enrolling in a drug diversion program to avoid harsh penalties
Some state programs are designed to both deter crimes from occurring and help offenders re-enter society. For those accused of drug crimes, one of these programs is a drug diversion program. This program is designed to provide treatment for those convicted of certain drug crimes. Additionally, entering a drug diversion program could help defendants avoid harsher penalties.
Last year, the Wisconsin Assembly passed a bill that would increase funding for the drug treatment and diversion program. Specifically, this bill would cause $2 million to shift each year from the state Department of Health Services' mental health hospitals to grants providing county programs that are designed to keep drug users out of prison by placing them in a drug treatment program.
This increase in funding was to target and help heroin users and reduce the spread of the drug throughout the state. The Wisconsin Treatment and Diversion programs, or TAD, are used as alternatives to incarceration for those charged with certain drug crimes. These offenders are enrolled in the program as an opportunity to receive the help and support they need while they are attempting to become and remain contributing members of society.
Guiding you through the defense process following drug charges
Facing a drug crime allegation can be extremely detrimental to the professional and personal reputation of the accused. Additionally, depending on the criminal history of a defendant, the type of drug they allegedly possessed, the quantity of drugs in their possession and what acts the person is being accused of, a defendant could face serious penalties. Thus, it is important to take every drug charge seriously.
At our law firm, we understand that defendants are facing a wide variety of emotions and concerns following drug charge. It can become an overwhelming experience. However, our attorneys have years of experience representing clients facing a wide variety of drug crimes. We are devoted to serving individuals in the Lake County area, helping them navigate the criminal defense process.
Initiating a criminal defense can seem challenging and complex. Many defendants hear the long list of evidence the state has collected and are automatically under the impression that it will be difficult to prove them wrong. At our law firm, we understand the process law enforcement must abide by when collecting evidence. We may be able to spot issues with the search and seizure process, helping our clients suppress some or all of the evidence against them.
Can you refuse a breath test during a suspected DUI stop?
Being pulled over by the police is often a nerve-wrecking position to be in for motorists in Wisconsin and elsewhere. Whether or not a driver is fully aware of why they were stopped or not, the driver is likely nervous that they could face a traffic charge. In cases where a driver is suspected of drunk driving, a driver might be unsure what they are required to do and what they may refuse to submit to. While drivers are likely to comply with field sobriety tests, they might be wary when it comes to taking a breathalyzer.
Can you refuse a breath test during a suspected DUI stop? If a driver is asked to submit to a breath test and refuses to comply with this request, the driver could face serious consequences. If an officer has reasonable suspicion that a driver is under the influence of alcohol and asks a motorist to submit to a breathalyzer test to determine their BAC level, the driver could face a driver's license suspension for refusing to comply.
The different types of drug crimes
When defendants in Wisconsin are facing drug charges, they could be faced with consequences that will impact them for a lifetime. Both federal and state laws outline various types of drug crimes. Depending on the type of charges, a defendant could face harsh penalties. State drug laws tend to be narrower, but they cannot conflict with current federal drug laws. State drug crimes tend to result in short-term sentencing or even probation, but federal drug charges have the tendency to result in longer sentences.
When facing drug charges, it is imperative to understand the type of drug crimes a defendant is accused of. This often requires knowing the drug in question, the quantity and any evidence collected at the scene of the crime. Understanding the details of the charges also helps a defendant assert a defense.
Drug paraphernalia is a common drug crime and occurs when the accused is allegedly in possession of any equipment that is used to prepare, inhale or conceal illegal drugs. This typically includes bongs, pipes, rolling papers and syringes. The problem with these charges is that many items that are deemed drug paraphernalia are also designed for legal uses. Thus, these charges can easily be argued.
Charged with drug possession in Wisconsin? Save your future!
As a general rule, non-violent charges carry lesser sentences than violent charges. However, when it comes to drug possession, these rules do not always apply. If you are facing drug possession charges, it is vital to seek out a strong defense to ensure that your future is not derailed simply because the law allows harsh punishment for drug offenders.
Every minute that you wait to begin building your defense is time that the state has to make a case against you, and the state is rarely lenient.
Whether you are innocent of the charges or just made a foolish mistake and need an opportunity to change directions, drug charges can derail your life in many ways.
Drug charges can carry exceptionally harsh sentences
Unlike other non-violent charges, the punishments for drug possession and other drug crimes regularly include time behind bars. One does not need to search very long to find lots of information about how overstuffed our country's prisons are with those serving years of their lives for non-violent drug offenses.
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