Recent Blog Posts
How Wisconsin Field Sobriety Tests Are Administered
When you are pulled over for drunk driving, you may be confused and unsure of what to expect. In addition to a breath test, a law enforcement officer in Wisconsin will ask you to complete a series of field sobriety tests prior to your potential arrest. Field sobriety tests are known as “divided attention” tests, which are intended to evaluate your ability to drive safely.
Although an officer may ask you to complete a few non-standardized tests, there are three field sobriety tests that the National Highway Traffic and Safety Administration recognizes as the most accurate. These tests include the horizontal gaze nystagmus or HGN test, the walk and turn test, and the one-leg stand test.
The Three Standard Field Sobriety Tests
- HGN Test
In the HGN test, an officer will position an object like a pen a foot away from your face. Then, they will move the object from one side to the other while paying attention on the movement of your eyes. In the event that you jerk before the officer reaches a 45 degree angle, the officer will believe you were too intoxicated to drive.
Sex Offender Registration in Wisconsin – What You Need to Know
Conviction of any crime can have a negative impact on your life, but sex crimes are in a category all their own. They can devastate almost every aspect of your life – right on down to your sense of privacy. Everyone in your neighborhood, anyone that knows you, potential employers and landlords, prospective intimate partners and friends can all learn of your status as a sex offender within the state. Learn more about what it means to register on Wisconsin’s sex offender registry and discover how an experienced criminal defense lawyer may be able to help you avoid these potential consequences, as well as many others.
Registering as a Sex Offender
Wisconsin’s Sex Offender Registration Program (SORP) and state law require that convicted sex offenders provide specific information to the registry. This includes:
How have Wisconsin drunk driving laws changed in 2017?
While a traffic stop could result in a traffic violation, not all alleged traffic violations end up in minor penalties. In fact, if a motorist is pulled over for a traffic violation and subsequently accused of drunk driving, then he or she could face serious penalties. If a driver has multiple drunk driving charges on his or her record, then even harsher penalties may be imposed upon conviction. Because of that, it is important to be clear on the current DUI laws in the state and any changes that might have recently taken place. This information could impact the consequences you could face if convicted of drunk driving and what defense strategies you may want to implement.
How have Wisconsin drunk driving laws changed in 2017? Previously, when a motorist was faced with his or her fourth OWI charge, the severity of the charge was not increased. In 2017, this changed when new legislation made the fourth offense a felony. Moreover, this felony charge would remain regardless of a person's previous record.
Oak Creek woman arrested at Value Inn for domestic violence
As a previous post highlighted, some criminal charges can impact more than just the individual accused of a crime. With regards to domestic violence, defendants as well as the alleged victim could experience a harmed, limited, or severed relationship with a significant other or family member. Thus, even if the penalties associated with the crime do not seem harsh, which they can be, the personal consequences are often serious.
This is what an Oak Creek woman might be experiencing after recently being arrested for domestic violence. According to reports, Wisconsin authorities were called to a Value Inn just before 7:30 p.m. Based on the information provided by the 911 caller, a woman was extremely intoxicated and was in an argument with a man. It is believed that this argument was sparked by the man calling her names.
Witness accounts assert that the woman came to an outside back patio area, which was where the man was located, and began to poke and push him in his chest. She allegedly yelled at the man and, at some point, she picked up a glass patio table, flipped it over and shattered glass all over the place.
Understanding domestic abuse and its consequences
Conflicts occur amongst loved ones. While some of these disputes are minor and can be overcome quickly, others escalate, causing major arguments that involve threats and harm. Domestic abuse is a serious crime of which to be accused. It not only carries with it severe penalties, but it also impacts the relationship between and among family members or significant others. Thus, it is important that accused individuals understand the elements of the crime and the potential penalties it carries. This knowledge could help a defendant assert a strong defense, thereby protecting his or her rights.
According to the Wisconsin State Legislature, domestic abuse is defined as an adult engaged in intentional infliction of physical pain, injury or illness, intentional impairment of physical condition, sexual assault, or a physical act that generates a reasonable fear of imminent engagement of conduct that could cause harm. These acts can be committed by an adult against his or her spouse, former spouse, an adult with whom they reside or with whom they formerly resided, or an adult with whom he or she has a child in common.
What are the penalties for drug manufacturing and cultivation?
When it comes to drug crimes, most people think of individual who commit crimes involving the sale and distribution of illegal narcotics. Those who are convicted of manufacturing or cultivating drugs could face harsh penalties. While many view this crime as meaning that an individual has produced a drug, it could actually encompass a broader range of activities. In fact, an individual in Wisconsin could face such a charge if they are found to be involved in any step of the process that results in the production of an illicit drug.
What are the penalties for drug manufacturing and cultivation? Those charged with drug production typically face a felony charge. Penalties for this offense include prison time, hefty fines, and probation. It should be noted that these penalties could be doubled if a defendant is convicted of manufacturing illegal drugs near a school or playground. Whether or not a defendant is convicted, merely being charged with such a crime could have negative impacts of the accused's personal and professional lives. This emphasizes the importance of asserting a timely and strong defense against the charges.
Watch for signs of a heroin addiction in loved ones
The fact that there is a heroin problem in Wisconsin isn't a secret. One thing that almost anyone can do is to learn the signs and symptoms of this addiction.
Understanding these might help people realize when their friends or family members need help. While you can't force an addict to get sober, you might be able to encourage him or her to do so. Here is what you need to look for:
Physical symptoms
The physical symptoms of a heroin addiction will usually impact every area of the person's life. The drug usually causes some memory loss, so this might be something you can watch for. People will usually get antsy and cranky when they are ready for another hit of the drug. They might be irritable when it is time for more heroin.
Often, the person will get itchy or vomit as a result of the drug usage. Lowered immunity, sores on the skin, dry mouth, flush skin, and constipation are other issues they might face. Many of these signs are only noticed when you are very close to the person. However, the skin sores are usually readily visible.
Helping you strategize a defense against drug charges
Fighting against drug crime allegations can appear to be overwhelming and at times hopeless. Defendants may hear about the evidence collected against them and believe that they do not have a chance to stand up against the state's case against them. However, defendants should understand that the quantity of evidence does not mean the evidence is valid or there aren't any defense options available.
At the Bucher Law Group, LLC, our experienced legal team knows how prosecutors think. We anticipate their actions, which allow us to construct a strong and effective criminal defense strategy. Our goal is to meet the needs and interests of our clients, and, we are therefore dedicated to serving individuals in the Lake County area accused of drug crimes navigate the defense process.Whether you are facing a misdemeanor or felony drug charge, we have the skills and knowledge to guide you through the defense process. We understand that not all evidence collected against our clients can hold up in court. If authorities conducted an unlawful search and seizure, for example, it is possible to use that information to suppress evidence. Ultimately, if evidence is suppressed, a defendant may be able to obtain reduced or dismissed charges.
Understanding the criminal trial process
Being accused of a crime is anything but an easy circumstance to face. While some residents in Wisconsin feel as is they have no option but to accept their fate, criminal defendants should be fully aware of their legal options. Asserting a defense, no matter how severe the charge or how many charges one faces, is always an option. Thus, it is important to understand the criminal defense strategies available.
While spending time in a courtroom is anything but appealing, it is an atmosphere that could grant a defendant freedom or access to lesser charges. Therefore, it is imperative to consider going to trial and to understand the procedure he or she is about to embark on.
When it comes to the criminal trial process, there are six phases to be aware of. The first phase involves jury selection. In a jury trial, a pool of potential jurors will be questioned, determining if they are fit to act as a juror in the case. Through peremptory challenges and challenges for cause, the defense and prosecution can exclude jurors for both non-discriminatory reasons and reasons that lead one to believe that a potential juror cannot be objective when deciding the case.
Can Breathalyzer tests fail?
When individuals are slapped with a drunk driving charge, prosecutors rely on certain tests to try to prove their case. While field sobriety tests and breath tests are considered reliable evidence that a driver is under the influence of alcohol, motorists in Wisconsin should note that these tests and devices are not always accurate and reliable. Thus, it is possible to challenge these results, helping an accused individual assert a strong defense.
Can Breathalyzer tests fail? While these tests are the backbone of drunk driving campaigns and are heavily relied on by law enforcement to determine if the blood alcohol content of a driver is intoxicated, these tests are prone to errors and mistakes.
The process of collecting a breath sample and analyzing it might seem scientific, allowing for an equitable and fair result, but, this is not always the case. It is not scientific and it does not rely on any existing or accepted science. Because there is a wide variation of results form person-to-person, it is tough to say that this test can fairly assess whether a person is actually impaired.