Posted on December 16, 2016 in Criminal Defense

This past election saw marijuana legalization efforts continue to make significant inroads across the U.S. Indeed, voters in Massachusetts, Nevada, California and Maine opted to legalize the drug for recreational purposes, while voters in North Dakota, Arkansas and Florida opted to legalize the drug for medicinal purposes.

Given that well over half of the states now permit marijuana to be used for either purpose, questions have naturally arisen as to whether Wisconsin will ever follow suit.

While there is one legally recognized exception for patients with seizure disorders, allowing them to possess the non-hallucinogenic chemical cannabidiol, the state has otherwise adopted a rather draconian stance toward marijuana.

Indeed, state law currently classifies it as a schedule I drug, much like the federal government, meaning it is viewed as having a high probability of addiction or abuse, and no recognized medical purpose.

What makes this classification significant is that since schedule I drugs are considered the most dangerous, convictions for crimes associated with their manufacture, sale or possession carry the most severe penalties.

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 Posted on December 09, 2016 in Criminal Defense

It's a scenario that plays out all too often at bars, nightclubs and parties, one person is somehow offended at the actions of another, words are exchanged and the situation rapidly devolves into a physical altercation, leaving one, or both, parties with minor injuries.

While people might be tempted to dismiss these incidents as simply "boys being boys" or blame it on excessive alcohol consumption, the reality is that the law in Wisconsin takes a dim view of this conduct and expressly dictates that those who engage in it may be charged with misdemeanor battery.

What is misdemeanor battery?

State law defines misdemeanor battery as any action undertaken with the intent to cause bodily harm to another person or absent the consent of the person who suffered the bodily harm. As for bodily harm, this is defined as including any "physical pain or injury, illness, or any impairment of physical condition."

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 Posted on November 30, 2016 in Criminal Defense

In general, all states have laws on the books that address public peace and safety. These statutes, typically known as disorderly conduct or disturbing the peace laws are in place to regulate behavior that a reasonable person would consider to be disruptive or excessively offensive.

Many people who have been charged with disorderly conduct think that it is unfair. Very often, it depends on whether or not you have annoyed a police office. Since disturbing the peace can be difficult to prove and the laws tend to be vague, you should seek the advice of legal counsel with experience in Wisconsin criminal defense procedures.

What is considered disorderly conduct?

In nearly every state, disorderly conduct is described as any conduct that disturbs the peace or endangers the morals, health, or safety of a community. This includes the use of vulgar or obscene language in a public place, loitering, inciting a riot, and even harassing passengers on public transportation.

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 Posted on November 02, 2016 in DUI/OWI

The holiday season is here. That means lots of parties, many of which are going to have alcoholic beverages. If you plan on drinking while you are enjoying the festivities, make sure that you don't drink and drive. If you do drink and drive, there is a pretty good chance that you are going to see the flashing lights of a police car. If that happens, you probably shouldn't panic. Think about these points regarding operating while intoxicated charges in Wisconsin.

You might not be facing jail time

If this is your first OWI, you won't be facing any time in jail unless there are extenuating circumstances in your case. If you had children in your vehicle when you were stopped, you will face more serious penalties. On a first OWI if you had children under 16 in your vehicle, you are facing a minimum of five to six days in jail. If you have had prior OWI convictions, you are facing time in jail or prison. The amount of time depends on how many prior convictions you have, when they occurred, and what circumstances were present when you were stopped.

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