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Bucher Law Group, LLC
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Domestic Abuse Defense Lawyer MilwaukeeCases involving accusations of domestic violence can be very complicated and emotional. While many of these cases arise out of legitimate concerns about the safety of family members, others may involve false accusations or reports by neighbors or family members who do not fully understand a situation. Those who have been arrested because of alleged domestic abuse will need to understand their rights, the issues that may affect them going forward, and how they can defend against criminal charges.

Arrests in Domestic Abuse Cases

Wisconsin law requires a law enforcement officer to perform an arrest if they have reasonable cause to believe that a person has committed criminal acts that may be considered domestic abuse and that one of the following is true:

  • It is likely that the person will commit continued acts of abuse against the alleged victim.

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Waukesha Lawyer for Sex Crime defenseAmong the different types of criminal offenses that a person may be accused of committing, sex crimes are some of the most serious. These charges carry significant consequences, including large fines and extended sentences in prison. A person convicted of a sex crime may be required to register as a sex offender, which will affect their ability to find a job and a place to live. Even if a person is not convicted, their reputation and relationships with others may be permanently affected. Some people may be unaware of the potential ways that using computers or the internet could lead to sex crime charges. Those who are accused of these types of offenses can work with an attorney to determine their best options for defense.

Sexual Offenses Involving Computers and the Internet

There are multiple ways that a person’s use of computer systems may result in sex crime charges. These offenses may fall into one of the following categories:

  • Use of a computer to facilitate a child sex crime - It is illegal to communicate online with a child with the intent of engaging in sexual intercourse or sexual contact. These charges may apply if a person believes or has reason to believe that the child in question is under the age of 16, as long as the person believed that they were at least two years older than the child when they sent the communication. This offense is a Class C felony, and a person who is convicted may face a prison sentence of up to 40 years and a fine of up to $100,000.

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Waukesha Lawyer for OWI defenseDriving under the influence, which is known as Operating While Intoxicated or OWI in Wisconsin, is a serious criminal offense, and a conviction can lead to significant fines, the revocation of a person’s driver’s license, and a prison sentence. While most people understand the dangers of driving after drinking alcohol and the consequences they may face for doing so, some may not realize that they can face the same charges if they drive while under the influence of marijuana or certain types of prescription drugs, such as opioids. By understanding how Wisconsin law addresses these situations and working with an attorney who is experienced in defending against these types of charges, a driver can determine their best options for defense following an arrest for OWI involving marijuana or other drugs.

Wisconsin OWI Laws Regarding Drugged Driving

The laws in Wisconsin define a blood alcohol content (BAC) level of .08 percent as the point at which a person is considered to be intoxicated. They also state that a driver cannot operate a motor vehicle if they have any amount of a controlled substance that can be detected in their bloodstream. These substances include marijuana, as well as other drugs and prescription medications. In addition, the law states that it is illegal for a person to drive if they have used any intoxicant or combination of substances that would cause them to be unable to operate a vehicle safely. This means that even if a person has a BAC below the legal limit, they could still face OWI charges because the combination of alcohol with other drugs impaired their ability to drive safely.

While the laws regarding the use of controlled substances while driving are clear, these cases may be complicated by the fact that it is not always easy to determine whether a driver is intoxicated because of these substances. After pulling a driver over on suspicion of OWI, a police officer may ask them to submit to a portable breathalyzer test to get an estimate of their BAC and determine whether they are over the legal limit. However, there is no equivalent test to determine whether a driver has marijuana or other restricted substances in their system.

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Waukesha Lawyer for CDL DisqualificationsWhile traffic tickets can be troublesome for any driver, they can be especially problematic for drivers of commercial vehicles. These drivers are required to complete additional training and pass a variety of tests to obtain a commercial driver’s license (CDL), and maintaining a valid CDL is necessary to be able to continue working in this profession. Because of this, commercial drivers will usually be looking to avoid any activities that could threaten their CDL and their livelihood. Drivers should be aware that certain traffic violations could lead to the disqualification of their CDL, meaning that they will be unable to drive a commercial vehicle while their license is disqualified.

Wisconsin Traffic Violations and CDL Disqualification

The most common violation that could lead to a CDL disqualification is drunk driving, which is referred to in Wisconsin as Operating While Intoxicated or OWI. Commercial drivers have a lower limit than other drivers for the legal blood alcohol concentration (BAC) that they can have while driving. If a driver has a BAC of .04 percent or higher when operating a commercial motor vehicle, they could not only face OWI charges, but they will also be subject to a one-year CDL disqualification. A three-year disqualification will apply in cases involving a HAZMAT violation in which a person was transporting hazardous materials.

Commercial drivers will also be subject to a one-year CDL disqualification if they are convicted of OWI while driving a non-commercial vehicle. A second OWI conviction in any vehicle will result in a lifetime CDL disqualification.

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milwaukee county defense lawyerA new bill has been introduced to Wisconsin lawmakers that would allow the victims of sexual assault to petition the court for a lifetime restraining order against their convicted perpetrator. “Kayleigh’s Law” was recently presented in both the House and the Senate and, if approved, would give victims the ability to obtain a restraining order against their assaulter even after the assaulter’s probation has ended. The law was recently signed into law in Arizona, the first state in the country to do so.

Sexual Assault Victims

According to state statistics, 20 percent of Wisconsin high school students say that someone has forced them to engage in sexual acts they did not want to participate in. Nationally, one in three women and one in six men have been victims of sexual violence, and 90 percent of victims know the person who sexually assaulted them.

Under current Wisconsin law, adult victims can only obtain a restraining order against their assaulter for up to four years. Child victims can obtain a restraining order against their assaulter for up to two years. In some situations, the restraining order may be extended up to 10 years for an adult victim and up to five years for a child, but only if there is a substantial risk to the victim.

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