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Bucher Law Group, LLC
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Waukesha County OWI defense lawyerMany adults like to enjoy an alcoholic beverage or two when they spend time with friends or go out to eat. However, those beverages could get you into trouble if you are not careful. In all 50 states, it is illegal to drive under the influence of drugs or alcohol. In Wisconsin, OWI penalties can be expensive, especially if you have to pay other costs, like for an ignition interlock device (IID). During a traffic stop, police officers will constantly be looking for evidence or anything that can prove that you were, in fact, driving while you were intoxicated. If you are pulled over for OWI, you should know that you have rights.

Rights During an OWI Traffic Stop

While you may feel helpless when you are pulled over by police, it is important to realize that you do have rights that you can exercise that may protect you if you are charged. Some of the most important rights include:

  • Right to Remain Silent: Even during a traffic stop, you have the right to remain silent. The only information that you are required to give to the police is your identification. You do not have to answer questions about what you have been doing and where you are heading. If you wish to invoke this right, you should inform the officer.

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Waukesha WI victimology lawyerFor almost every crime, there is going to be a victim. Some crimes are more violent than others, but nearly all crime is going to have an effect on someone, somewhere. When it comes to crimes that are committed directly to or in the presence of a person, the risk of sustaining certain types of damages is increased significantly. Many people may not be aware that there are programs available to help with the unexpected costs that victims may incur after a crime is committed. In Wisconsin, there are many situations in which you may be eligible to receive various types of compensation through the state’s Crime Victim Compensation program.

Eligibility Requirements

Victims of certain crimes, family members of deceased victims, those who were injured helping a crime victim or police officer, and those who have been in an accident with an intoxicated driver are all able to file claims with the Crime Victim Compensation program, as long as they meet the eligibility requirements. To be eligible for compensation, the following must be true:

  • The victim's actions did not cause or contribute to their death or injury.

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WI defense lawyerFewer issues are the subject of as much controversy as gun laws. Although the right to possess a firearm is protected by the Second Amendment to the U.S. Constitution, state gun laws vary dramatically. If you are a gun owner in Wisconsin, it is crucial to know and understand your firearm-related rights and responsibilities. Violating Wisconsin gun laws, including laws related to gun transport, can lead to criminal charges.

Gun Laws in Wisconsin

Per Wisconsin law, you do not need a permit to own a gun. However, certain individuals are prohibited by possessing firearms by state and federal law. Under federal law, individuals who have been convicted of a felony criminal offense or certain domestic violence offenses may not possess a firearm. Additionally, Wisconsin law prohibits gun ownership for individuals who are subject to a restraining order, have drug or alcohol dependence problems, or have certain mental conditions.

If you are not prohibited from owning a gun by federal or Wisconsin law, anyone who passes a background check can open carry a firearm in plain view. If you wish to carry a concealed firearm in Wisconsin, you will need a concealed carry license (CCW license).

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WI injury lawyerIf you were harmed by someone else’s intentional actions, you may be able to assert your rights, hold the wrongdoer accountable, and recover damages through a civil claim. Personal injury claims often involve injuries caused by negligence or carelessness such as car accident injuries. However, a personal injury claim may also be brought by someone who is injured intentionally. Victimology is the area of law that deals with personal injury claims for victims of assault, abuse, and other forms of intentional harm. A victimology claim may allow you to recover financial compensation for emotional distress and other damages.

Suing for Physical Injuries and Emotional Distress

A personal injury claim is a civil claim that an injured person may use to collect monetary compensation for “damages” or losses that the injured person sustained because of the injury. Damages usually include financial losses such as medical bills and lost income from missed work. Damages may also include non-financial harm caused by the injury including physical pain, mental suffering, and emotional distress. In most personal injury claims, compensation for non-financial damages, such as mental and emotional distress, are only available if the person suffered a physical injury. For example, if a person suffered a broken nose during an assault and battery, that person may be compensated for emergency room bills as well as the pain and suffering he or she endured because of the broken nose.

Suing for Intentional Infliction of Emotional Distress

There are some situations in which a person may be entitled to compensation for emotional distress even if he or she did not sustain a physical injury. Wisconsin law recognizes two different types of emotional distress claims: negligent infliction of emotional distress and intentional infliction of emotional distress. The standard for recovering compensation for emotional distress without a physical injury is much higher than the standard for recovering compensation with a physical injury. To have a valid claim for intentional infliction of emotional distress, you must show that:

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WI defense lawyerCriminal charges of any kind have the potential to dramatically alter the course of an individual’s life. However, few allegations compare to being accused of a sex crime. If you have been accused of a criminal offense related to indecent exposure, child pornography, sexual assault, or criminal sexual abuse, you could be facing severe criminal and personal consequences. In Wisconsin, individuals who are convicted of certain sex-based offenses are required to register as sex offenders for a minimum of ten years. This means that the offender’s name, picture, and other identifying information will be publicly available on the sex offender website.

Which Crimes Require an Individual to Appear on the Wisconsin Sex Offender Registry?

An individual must appear on the sex offender registry if he or she is convicted of a misdemeanor or felony sex offense listed in the Wisconsin Statute 973.048. In some cases, a criminal conviction automatically requires registration and in other cases, the court has discretion about whether an offender must register as a sex offender. Some of the most common offenses for which a person may be required to register include:

  • Sexual assault of an adult
  • Sexual assault of a child
  • Child enticement 
  • Possession of child pornography 
  • Abduction of a child
  • Incest
  • Sexual exploitation by a therapist
  • Use of a computer to facilitate a child sex crime
  • Soliciting a child for prostitution
  • Exposing a child to harmful materials

How Long Will I Appear on the Sex Offender Registry?

The length of time that a person must appear on the sex offender registry is determined by the offense he or she has been convicted of. Typically, sex offenders must appear on the registry for a minimum of 15 years. Convictions for certain crimes require the offender to register for life. These offenses include:

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