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Recent Blog Posts
Repeat Offender Laws and Enhanced Sentencing in Wisconsin
According to the Wisconsin Department of Corrections, the state’s recidivism rate has been between 40 and 50 percent since 2000, with recent increases in re-arrests, re-incarcerations, and re-convictions. It is generally accepted that the higher a state’s recidivism rate, the more needs to be done to improve the rehabilitation and education systems inside the prisons.
Wisconsin’s recidivism rate is far from the highest in the United States – overall, the rate of recidivism across the United States is 70 percent within 5 years of release. Prisoners are often released with few job skills and, depending on their offense, may not be able to secure employment even when they have the necessary education and skills.
Concealed Carry Weapons Violations in Wisconsin
Following the passing of Wisconsin Act 35 in 2011, free concealed carry licenses were offered across the state. While most legislators in the state believe the "gun vote" in the state consists of white male Gen X and Baby Boomers who hunt and fish, this is actually no longer the case. In fact, the vast majority of the concealed carry classes in the state are made up of women and minorities.
Many people who had never considered owning a firearm for personal protection have changed their minds over the past few years. Many people with a concealed carry permit are unaware that the permit does not allow them to walk their kids to the school playground on a Saturday morning while carrying a firearm. That person commits a criminal offense the moment their feet touch school property.
Whether you open carry in the state or have a concealed carry permit, it is important that you understand the laws governing these issues. If you are charged with a weapons violation in Wisconsin, it is important that you have an experienced Jefferson County, WI criminal defense lawyer who can guide you through the judicial process and fight for your freedom and your future.
New Wisconsin Bill Would Make Revocation Mandatory
More than 60,000 residents across the state of Wisconsin are currently under community supervision – about three to four times the number of those in prison. Community supervision means the individual has been sentenced to probation as an alternative to jail or is under parole with extended supervision following his or her prison sentence completion. Community supervision is usually preferable for those facing criminal offense sentencing, which could equal months or years in prison.
A public hearing on April 1 for a bill that could change the way community supervision works gave little indication as to whether the bill would pass. Each year, thousands of people who are found to have violated the conditions of their community supervision are sent back to prison under revocation. The new bill would make revocation mandatory if the person under community supervision is charged with a new offense.
When Is an Insanity Defense Appropriate for Homicide Charges?
Many people believe an insanity defense is nothing more than a way for a murderer to avoid prison. In fact, one study found that only 12.5 percent of those surveyed were confident in testimony given by psychiatrists in court regarding the mental status of a homicide defendant, while 87.1 percent saw the insanity defense as nothing more than a "loophole to exploit." Four states across the U.S. (Idaho, Kansas, Utah, Montana) do not currently allow the insanity defense as a homicide defense. Others, including Wisconsin, are very specific regarding the use of the defense.
Yet, when you hear a news report like the recent one about a Wisconsin teen who allegedly killed his mother and stepfather and then lived with the corpses for two weeks, it seems that the insanity defense definitely should have a place in the defense of some individuals accused of homicide. (The teen has been charged with two counts of first-degree intentional homicide, along with other charges, and is awaiting a preliminary hearing on April 9th).
Is Neglecting a Child a Felony Offense in Wisconsin?
A Racine, WI man is facing charges involving drugs, weapons, and child neglect after the police raided his home during a drug investigation. The 55-year-old man was charged with Possession of Cocaine with Intent to Deliver, Possession of THC with Intent to Deliver, Maintaining a Drug Trafficking Place, Neglecting a Child (no specified harm to the child), and two counts of Possession of a Firearm by a Felon.
The doors to the home were "fortified," and there were four other people in the home at the time of the raid, including an eight-month-old child and a bedridden man. There were also five dogs in the home. Two guns were found in a bedroom – one of them in the baby’s crib. Cash bail was set at $10,000 with an arraignment on April 3.
While all these charges are very serious, the child neglect charge could potentially be either a serious misdemeanor or a felony. In situations like this, the prosecutor may sometimes overcharge the defendant in an attempt to convince him or her to take a plea deal. If you find yourself facing serious charges, it is essential to consult a knowledgeable Ozaukee County, WI, criminal defense attorney as soon as possible.
Is Swatting a Criminal Offense in Wisconsin?
A Wisconsin man recently pled guilty to federal charges of swatting after spending a week with friends on a swatting spree that involved gaining access to Ring home security door cameras. Once he gained access, he placed bogus emergency phone calls that would bring an armed police response, livestreaming the events on social media. The young man pled guilty to one count of conspiracy and two counts of unauthorized access to protected computer information. The investigation was handled by the FBI because the crime crossed state lines, making it federal.
You may have heard the term "swatting" recently in the news. Swatting is a form of criminal harassment that involves deceiving an emergency service (police, firefighters, EMS) into sending a response team to another person’s address when that person does not need assistance. Swatting diverts crucial police, ambulance, and firefighter resources from those who really need them. Swatting can be charged as a federal or state crime; if you have been charged with this offense, it is important that you speak to a skilled Racine County, WI criminal defense lawyer.
What Penalties Could You Face for a Fourth OWI in Wisconsin?
In 2022, there were nearly 23,000 convictions for Operating While Intoxicated (OWI) driving offenses. Every two hours across the state, someone is injured or killed in an impaired driving crash. While many of the people charged with OWI learn their lesson and never drive while intoxicated again, others are slower to learn.
Recently, a Madison woman was arrested for her fourth OWI offense after driving off the road and crashing her vehicle. After undergoing field sobriety tests, the woman was arrested for her fourth offense of Operating a Motor Vehicle While Intoxicated (OWI).
While facing the first OWI offense is serious enough, the penalties increase with each subsequent OWI charge. Nobody is in favor of driving under the influence of alcohol or drugs, yet in some cases, an individual does not deserve to be arrested, or the arrest may have been unlawful. The police officer may not have had probable cause to pull a person over or may have denied the person his or her constitutional rights.
What Are the Penalties for Felon in Possession of a Firearm?
While there are few state statistics regarding charges for "felon in possession of a firearm," federal statistics show that in 2018, there were 6,719 convictions for this offense. Of those, 97.7 percent were men with an average age of 34. Tennessee, Alabama, and Missouri had the highest rates of felon in possession of firearm charges and convictions.
Wisconsin has severe penalties for felon in possession of a firearm, charging the offense as a Class G felony. If you have been charged with this criminal offense, it is extremely important that you discuss your charges with an experienced Jefferson County, WI criminal defense attorney.
What Constitutes a Felon in Possession of a Firearm?
Section 941.29(1M) of the Wisconsin Statutes governs felon in possession of firearm charges and penalties. To be charged with this criminal offense, one of the following must have occurred:
What Are the Differences Between a Bench and Arrest Warrant?
Wisconsin law details two types of criminal warrants: arrest warrants and bench warrants. While both serve the same purpose - apprehending a person - they are each used for different reasons. If you have had any brushes with the legal system, including an arrest, you may have experienced either an arrest warrant or a bench warrant and may have contacted a criminal defense attorney. Below, you will see the differences between the two. Contacting an experienced Walworth County, WI criminal defense attorney can ensure you receive an aggressive defense no matter what type of crime you are being charged with.
What Is A Wisconsin Arrest Warrant?
An arrest warrant gives law enforcement the green light to seek out and apprehend a person suspected of committing a criminal offense. After law enforcement presents evidence and sworn statements to a judge or magistrate, he or she will determine whether there is sufficient probable cause for a warrant. If that question is decided in the affirmative, an arrest warrant will be issued.
Commit Crimes in WI at 17, Expect to Receive Adult Penalties
Only Georgia, Texas, and Wisconsin treat 17-year-olds as adults in the criminal justice system. This means that across the state of Wisconsin, a 17-year-old who commits a criminal offense faces the same charges, legal process, and penalties as an adult. Since 17-year-olds are not grown up enough to always exercise good judgment, thoughtless actions can potentially derail a young person’s life.
While rare, a minor as young as 12 years old can be charged as an adult for specific crimes in Wisconsin. If your child is in trouble, it is important to keep his or her case in the juvenile court system whenever possible. When you choose an experienced Dodge County, WI juvenile criminal lawyer from Bucher Law Group, LLC, we will use our broad network of resources and our commitment to our clients to limit the impact on your child’s future.
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