Recent Blog Posts
How Could the Proposed WI 2024 Expungement Law Help You?
A proposed expungement law in Wisconsin could allow thousands of eligible individuals to wipe the slate clean and start fresh. We have all made mistakes in our lives. Those mistakes might have been because we were young and naïve, we listened to someone in our lives that we should not have, or we simply made a bad decision.
The mistakes might have resulted in the necessity of hiring a criminal defense attorney, spending time in jail, and paying steep fines. A single mistake in an individual’s life should not follow him or her forever, yet that is often the reality, particularly since Wisconsin’s expungement laws are among the strictest in the United States.
The proposed change in Wisconsin’s expungement law would expand eligibility for the expungement of prior criminal records, providing many with a fresh start. The legislation also pushes law enforcement to place their focus more on violent crimes in the state rather than issues like simple possession of marijuana. If you made a mistake and have paid your debt to society, speak to a knowledgeable Jefferson County, WI criminal defense attorney from Bucher Law Group, LLC for information regarding expungement.
Postpartum Depression in Wisconsin Criminal Cases
When people imagine a woman who just gave birth to a healthy baby, they often think about a mother happily snuggling her cooing newborn. Unfortunately, for women who suffer from postpartum depression (PPD), that picture can seem a lot more like fantasy than reality. When PPD turns into postpartum psychosis, the severe confusion, depression, hallucinations, and suicidal ideation that can result can lead the mother to harm her child in a way she otherwise would never imagine. When facing charges of domestic violence, child endangerment, or even infanticide, an experienced Walworth County, WI criminal defense lawyer can advise you on whether postpartum depression can be used as a mitigating factor in your defense.
Mitigating Factors in Wisconsin Criminal Cases
While judges tend to follow sentencing guidelines, many consider the surrounding factors. Some, like a history of violence and crime, are aggravating circumstances that could make a judge impose a harsher-than-average sentence for a particular crime. Other factors can be mitigating circumstances. If a defendant was a victim of violence in the past, contributes to her community, or has a history of being a stable, law-abiding citizen a judge might consider a more lenient sentence. As the Wisconsin Court of Appeals states: "Whether a particular factor will be considered as a mitigating or aggravating factor will depend on the particular defendant and case." In cases of mothers harming their babies, postpartum depression is increasingly being used as a mitigating factor in the defense’s case.
Getting a DUI in Wisconsin When You Are from Out-Of-State
With college football season underway, many sports fans flock to Wisconsin to enjoy a favorite American pastime. Since tailgate parties, backyard barbeques, and beer are popular parts of the general festivities, it is no wonder that many visitors from out-of-state end up with a DUI arrest in parallel with the football schedule.
Since Wisconsin has different traffic laws than other states, even neighboring states that are an easy drive away, it can be confusing and stressful for visitors to get pulled over and face the possibility of criminal charges. If this happens to you, speak with a knowledgeable Wisconsin DUI lawyer who understands how this type of case can affect you in your state of residence.
How Is an Out-of-State DUI in Wisconsin Penalized?
Wisconsin has different laws than other states. In general terms, it can be easier in some other states to avoid a DUI conviction, through plea bargaining, for example. In other states, you can sometimes get reduced charges, have your license suspended temporarily, be ordered to attend road safety classes, and then get your case dismissed and maintain a clean record.
Can I Go to Jail for Covid Fraud in Wisconsin?
As the COVID-19 pandemic began to have a noticeably harmful impact on people’s physical, mental, and financial health, Congress passed various measures to provide financial aid to people and businesses that were struggling. Hundreds of billions of dollars were set aside for companies, small businesses, and unemployed individuals.
However, with all these relief funds becoming available, claims of fraud increased. After uncovering over $8 billion in relief fraud, the Department of Justice formed the COVID-19 Fraud Enforcement Task Force to address it. Over 1,000 people have already faced criminal charges related to the COVID-19 relief funds. If you believe you might be accused of this form of federal fraud, speak with a skilled Waukesha County, WI criminal defense attorney to learn more.
What Is COVID Fraud?
Federal COVID-19 fraud refers to people illegally obtaining benefits from federal relief programs. If you are facing these charges, it means you are being accused of:
What You Need to Know about Federal Gun Safety Law
Gun laws are a topic that can inspire heated debate for many people. Some people are heavily focused on gun control and limiting who can possess which type of weapons, while others are dedicated to the constitutional right to bear arms. Wherever you fall on this issue, it is clear that the gun safety law that President Biden signed in 2022 has started to take effect. According to a recent report, it has led to over 500 cases of federal weapons charges. If you are facing criminal charges related to the new law, speak with a skilled Racine County, WI criminal defense lawyer to understand how this new federal legislation can affect you.
Navigating Traffic Court in Wisconsin
Many people charged with traffic violations find themselves in court for the first time. Without prior experience, traffic court can be stressful and overwhelming. This article will offer several tips for a smoother process, preferably without facing added fines or penalties. If you are facing charges of serious traffic violations, speak with a skilled Dodge County, WI criminal defense lawyer to learn more.
Tip 1: Appear in Court on the Appointed Date
When you face traffic charges, you will be told a date and time to appear in court. It is very important to show up when you are supposed to. Otherwise, the court will submit a default judgment against you. Depending on your case, you could face additional penalties and fines, and an arrest warrant can even be issued against you.
Tip 2: Dress Appropriately
Traffic court is not the same as a formal proceeding, but do not let that fool you into dressing too casually. It is important to look professional and put-together and avoid coming off as an unproductive member of society.
Alternatives to Jail Time for Drug Charges in Wisconsin
There is a big debate in America about how to handle drug crimes. On the one hand, drug use is illegal, and many believe that it should remain criminalized. On the other hand, many people charged with drug crimes suffer from addiction, and there are calls to handle them with treatment instead of punishment. Wisconsin places the focus on helping people and communities harmed by substance abuse, and as such, there are certain cases when alternative options are available for sentencing. The state’s Treatment Alternatives and Diversion (TAD) programs are geared more toward rehabilitation than punishment. It is not offered for all people facing all charges but depending on the circumstances of your case, this could be an excellent alternative for you. If you are facing criminal charges for drug crimes, speak with a qualified Walworth County, WI criminal defense attorney to learn more.
Tips for Hiring a Criminal Defense Lawyer in Wisconsin
It can be stressful and confusing when you find yourself in legal trouble. Whether you need help handling a legal matter or are facing criminal charges, the lawyer who takes your case can make a big difference. How do you know who to hire if you never needed a lawyer before? This article will offer tips to help you decide who should represent you. If you need any legal assistance for anything from a traffic violation to homicide, speak with a skilled Ozaukee County, WI criminal defense attorney.
Important Considerations
The legal system in Wisconsin can be complex. This is especially true if you are involved in a criminal case. Criminal defense lawyers are trained to handle these cases and ensure that their clients’ rights are protected. However, it can be difficult deciding who you want representing you in your case. When you are considering which law firm to hire, you should have the following in mind:
Flag Burning in America: Legal or a Criminal Offense?
In today’s political landscape, many Americans pride themselves on exercising their freedom of expression. Whether their displeasure is with a specific policy, elected official, or law, they can voice their unhappiness as loudly as they want, as long as they are not hurting or harming anyone else. Over the past year, with political protests generally stopping short of physical violence, questions have been asked about what is legal in the context of political protest and self-expression. This article will review the legality of flag burning in America. If you are arrested at a protest and believe you were simply realizing your freedom of expression, contact a seasoned Jefferson County, WI criminal defense attorney who can build a strong defense and advocate for your rights.
Overview of Legal Precedent for Flag Burning
The First Amendment of the Constitution of the United States protects a person’s right to burn a flag, specifically the American flag. Several decisions have been made over the years on this topic, with the Supreme Court consistently confirming that the act of burning flags falls under the greater category of free speech, which is therefore, protected by law. Some of these decisions include:
Can Police Force Phone Unlock with a Thumbprint Scan?
According to a recent federal ruling by the US Court of Appeals for the 9th Circuit, the police can force a suspect to unlock his phone using a thumbprint scan. Although the Fifth Amendment of the US Constitution protects people from incriminating themselves, this ruling means that the protections in the amendment do not extend to a locked cell phone. This is quite a significant ruling, particularly because it covers the forced use of biometrics, an area of the law that has not been settled until now. This ruling can have far-reaching impacts on the legal processes for defendants. If you think you might be suspected of a crime, speak with a skilled Milwaukee, WI criminal defense attorney who can help you understand your rights and protect your interests.
When Can You Be Forced to Unlock Your Phone?
The appeals court based its decision on two previous rulings by the Supreme Court that had similar implications. In one case, Doe v. United States in 1988, a defendant was forced by the government to sign a document that provided his consent to disclosing his bank records as they related to accounts that the government was already aware of. In this case, the court believed that the act of signing the document was not an act of incrimination, especially because the bank could have ultimately been forced to produce the records. The second case, United States v. Hubbell in 2000, involved a subpoena that forced a suspect to make records available and answer questions about them. This time, the Supreme Court ruled against the government.