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Recent Blog Posts
Self-Defense as a Domestic Violence Defense in Wisconsin
A Wisconsin man is claiming self-defense after recently being arrested during a domestic violence incident in Appleton. Officers responded to a local bar where a woman with a bloody lip claimed she was assaulted by her boyfriend, who, she says, punched and kicked her and even threatened to kill her if she told anyone about the incident. Officers made contact with the suspect at his home, where he admitted being involved in a physical altercation with the woman, but claimed he acted in self-defense.
The man was arrested and charged with disorderly conduct and battery with a dangerous weapon enhancer. You may wonder how claiming self-defense in a domestic violence altercation works in Wisconsin. If you are being charged with domestic violence or domestic assault, but you were only defending yourself, the sooner you speak to an experienced Milwaukee County, WI criminal defense attorney, the better outcome you are likely to have.
Can Passing a Stopped School Bus in Wisconsin Result in Jail Time?
Passing a stopped school bus may not seem that big a deal – after all, you were being careful and watching for children. If you think that statement is true and you have been cited for passing a stopped school bus, you may be in for a very unpleasant shock. Passing a stopped school bus is more than just a minor traffic violation; it is an offense that can have life-altering consequences.
Wisconsin state law (Statute 346.48(1)) requires you to stop when a school bus has its red lights flashing and the stop arm extended – regardless of which direction you are going – unless you are on the opposite side of a highway divided by a physical median. You must remain stopped until the bus turns its lights off, folds in the stop arm, and begins to move.
If you have been ticketed for passing a stopped school bus, this is not a traffic offense you should handle on your own. Speaking to an experienced Racine County, WI traffic offense attorney can ensure that you receive a vigorous defense to the charges and the best outcome possible.
How Do Body Cameras Affect Wisconsin Criminal Trials?
Although police body cameras were introduced to promote accountability among law enforcement, the impact of body camera footage is much more complex when it is used in Wisconsin criminal trials. Body camera footage can help make a prosecutor’s case, or can help a defendant by showing what really happened.
Unfortunately, officer discretion regarding turning a body camera off and on, technical glitches, and missing footage can result in significant legal issues. What a jury sees and hears (or does not see and hear) can shape plea negotiations, trial strategy, probable cause rulings, and suppression motions.
Wisconsin law (Wisconsin 2019 Act 108) has established statewide rules for retaining and releasing body camera footage; however, admissibility still depends on the Rules of Evidence, including how the video was captured, stored, and authenticated. Defense attorneys who understand the legal "fault lines" regarding the use of Wisconsin body camera footage can use the footage to build reasonable doubt or can work to have the footage excluded.
Wisconsin Bill Seeks to Ban Firearms on College Campuses
A new bill was recently introduced in Wisconsin that would extend the same gun-free zones currently in K-12 schools to colleges and universities in the state. As college campuses across America wrestle with the divide between safety and freedom, this new legislative proposal seeks to make nearly all colleges and universities gun-free, even banning concealed carry.
Although proponents of the bill call it a common-sense measure to protect students and staff, opponents claim enforcement difficulties, infringement on the rights of lawful gun owners, and government overreach. The new statute would repeal and amend others, creating statute 941.236.
Current state law prohibits firearms in specific areas, including courthouses, police stations, and K-12 schools; however, those prohibitions currently exempt college and university campuses and buildings. Whether you agree or disagree with the proposed bill, gun crimes in the state can result in severe penalties. If you are facing a weapons charge, the best step you can take is to consult with an experienced Milwaukee County, WI criminal defense lawyer.
Why Wisconsin Construction Zone Tickets Pack a Bigger Punch
A Wisconsin man was arrested last week after driving into a construction zone, nearly hitting a construction worker, and running into a semi-truck. The man stated that he had moved a construction zone barricade and driven into a closed zone. The man then attempted to turn around in an active work area, nearly colliding with a worker. When he got out of his vehicle to talk to the construction workers, his car rolled backward into the semi-truck. The man was later located and arrested, booked on first-degree felony charges of recklessly endangering safety.
You, like many of us, may be guilty of driving too fast through construction zones or even engaging in distracted driving behaviors. Getting a traffic ticket for a construction zone violation is very different from getting a ticket on an "ordinary" stretch of roadway. Wisconsin treats construction zone violations (Chapter 346) with extra severity, in terms of fines and points added to your license. Unsafe driving in a construction zone places both workers and other drivers at risk. If you have received a construction zone ticket, an experienced Jefferson County, WI traffic citations lawyer can help build a strong defense on your behalf.
Street Racing in Wisconsin: How a Race Becomes a Serious Crime
What starts as a quick engine rev at a stoplight or a challenge from another driver can go from harmless fun to serious criminal charges in mere seconds. Street racing can result in the loss of driving privileges, substantial fines, and even jail time. If another person is injured or killed, those charges can escalate to felony charges. While street racing may seem like a harmless traffic violation, it can often escalate into much more.
While the state of Wisconsin has not yet enacted a single, comprehensive street racing law, in 2023, Wisconsin enhanced penalties for aggressive driving through AB 55. This increased jail time and prison time applies when aggressive driving results in bodily harm to someone other than the driver. Drivers who engage in street racing in the state can be charged with reckless driving, which carries penalties including potential jail time, fines, and license suspensions.
Caregiver Liability: When Child Neglect Leads to a WI Death
The death of a child is a tragedy, regardless of the circumstances. When a child dies as a result of alleged neglect, parents, guardians, or other caregivers may not only be facing child neglect charges, but they could also face homicide charges. Under Wisconsin law, failing to act sometimes carries the same weight as committing an intentional act, so it is vital to understand caregiver liability and how it works in tragic cases involving the death of a child.
Wisconsin law defines child neglect under Wis. Stat. Section 948.21. Child neglect includes the failure to provide basic and necessary care such as shelter, supervision, medical care, clothing, and food. Child neglect does not require the element of intent, only a failure to meet the basic responsibilities of a caregiver to a child. Under the statute, "caregivers" may include parents, step-parents, guardians, relatives, babysitters, child care workers, or anyone responsible for the welfare of a child.
Amish Buggies and Traffic Laws: Who’s at Fault in a Collision?
Wisconsin has the fourth-highest Amish population, which means Amish horse-pulled buggies are a common sight in the state. There are more than three dozen Amish settlements in the state, with an estimated 21,000 Amish residents, located primarily in the western and central parts of the state. Many Amish families in Wisconsin maintain their traditional way of life, which includes using horse-drawn buggies. Unfortunately, traffic accidents between Amish buggies and vehicles are not uncommon.
Just in the last few months, a fatal crash occurred in Clark County when a van rear-ended an Amish buggy, killing one of the passengers in the buggy and seriously injuring another. Another crash on U.S. Highway 10 in Manitowoc County involved a horse-drawn carriage and an SUV, killing one and injuring another, and a Grant County crash on Highway 61 when a car ran into a buggy resulted in injuries, but no deaths.
How Wisconsin’s "Bail Jumping" Law Can Stack Charges Quickly
In Wisconsin, getting arrested for a crime is often just the beginning. If the judge releases you on bail or a signature bond, you will be required to agree to follow specific conditions until your case is resolved. If, however, you break any of those conditions, no matter how minor, you could face another criminal charge called bail jumping.
This offense is one of the most commonly charged felonies across the state. One reason for this is that it can be "stacked" on top of the original charges, then repeated for multiple violations. If you are facing an underlying criminal charge, along with bail jumping charges, your best course of action is to contact an experienced Waukesha, WI criminal defense lawyer.
What is Bail Jumping?
Under Wisconsin Statute Section 946.49, if a person fails to comply with the terms of his or her bond, then if the underlying offense is a misdemeanor, the individual is guilty of a Class A misdemeanor for that failure to comply. If the underlying offense for which the individual is charged is a felony, then the bail offense will be charged as a Class H felony.
Proposed Wisconsin Bill 380 May Prohibit Some Criminal Defenses
Wisconsin lawmakers are currently considering Bill 380, legislation that could restrict or eliminate certain criminal defenses previously allowed in court. If the bill passes, a defendant’s ability to argue mental incapacity, self-defense, or adequate provocation (when the claim is based on the victim’s gender identity or sexual orientation) could be restricted or eliminated. As you might imagine, this proposed change is sparking considerable debate among defense attorneys, civil rights advocates, and criminal justice experts.
There is much at stake for defendants if Bill 380 passes; when these traditional defenses are removed, harsher punishments and a more rigid system are likely to be the result. If you have been accused of a criminal offense, it is important to speak to a knowledgeable Ozaukee County, WI criminal defense lawyer as quickly as possible.
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