Posted on June 15, 2018 in Criminal Defense

There are too many reasons to name that could result in someone facing criminal allegations. For one, it's hard to keep track of everything that's illegal these days, and one false move could land you facing criminal charges. Secondly, numerous individuals get arrested and accused of crimes they didn't commit. Regardless of your situation, if you're facing criminal charges, it's time to familiarize yourself with the various criminal defense strategies that might apply to your situation.

Here are two common criminal defenses that – depending on the facts and circumstances of your case – might help your situation:

1. The admit and explain story: Using the "admit and explain" defense, a defendant will admit to the physical act the prosecution has accused them of performing. However, the defendant will offer additional explanations to reveal why the action wasn't a crime.

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 Posted on June 10, 2018 in OWI/DUI

It's only natural for people to go out to bars, restaurants and parties and needing to get home when the night is done. However, if they've been consuming alcohol, they might be too drunk to drive and not even realize it. Taking to the roads while drunk is unlawful, dangerous and sometimes difficult for drivers to avoid when they're not thinking clearly.

Self-driving cars, however, would eliminate the human element that's to blame for this behavior. The other benefit of self-driving cars is the fact that they would reduce the need for police to go out patrolling for operating while intoxicated (OWI) drivers, and they would eliminate the many harsh consequences of a drunk driving conviction, which include:

• Losing your license and needing to pay large fines.
• The risk of imprisonment and jail time.
• The risk of being charged with negligent homicide or OWI causing injury.
• The loss of one's license for a year and having one's vehicle impounded for refusing to take a breath alcohol concentration (BAC) Breathalyzer test.

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 Posted on May 16, 2018 in Drug Charges

A Wednesday, May 2 traffic stop of a vehicle that was apparently displaying an illegible rear license plate resulted in both the driver and his passenger's arrest. The routine traffic stop was conducted by an officer with the Waukesha Police Department shortly after 4 p.m. at the intersection of E. St. Paul Ave. and Maria St.

An incident report in the matter reflects that officer conducting the stop noticed that the temporary license plate that the car was displaying was illegible as he passed through an area he was patrolling. The driver apparently pulled over when requested to do so by the officer, but reportedly produced an invalid driver's license when he was asked to provide one.

It's unclear how the stop for the illegible license plate and driving permit evolved, but ultimately, the driver of that vehicle was arrested for possession of drug paraphernalia.

That man's passenger was also taken into custody by police on suspicion of a number of drug charges. He was later booked into jail, charged with possession of Adderall, an amphetamine, drug paraphernalia and possession with an intent to deliver methamphetamine offenses.

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 Posted on May 16, 2018 in OWI/DUI

An operating while intoxicated (OWI) offense in Wisconsin could mean serious consequences in the event of a conviction. If it's a first offense, the punishments will be less severe than subsequent offenses.

Here is what you can expect if you're convicted:

• You will be required to pay substantial court costs in addition to a $150 to $300 fine.
• In the vast majority of cases, you do not have to fear a jail sentence. However, if you were carrying a passenger under the age of 16, you could be sentenced to as many as six months in jail. Jail or prison time could also result if you hurt someone.
• The revocation of your driving license for six to nine months.
• In cases where your blood alcohol content (BAC) was at least .15 percent or more, you'll need to install an ignition interlock device in your car.
• You'll have to submit to an alcohol assessment.
• You could receive as many as six points on your license.
• There will be other noncriminal consequences, such as the potential loss of your job (depending on what you do for work) and a sharp increase in your auto insurance premiums.

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 Posted on May 16, 2018 in Drug Charges

The federal government classifies controlled substances into five different schedules with Schedule I having the most severe criminal consequences attached to them and Schedule V having the least severe consequences. Familiarizing yourself with the following drug schedules is important if you've been accused of a drug crime or if you want to avoid getting in trouble with the law for a drug crime.

Schedule V: This category of drugs includes those that the federal government believes are the least dangerous in terms of their propensity for abuse, addiction and potentially damaging effects. They include: Parepectolin, Lyrica, Lomotil and Motofen.

Schedule IV: This category is believed to be slightly more dangerous than Schedule V. They include Darvon, Soma, Xanax, Valium, Ambien and others.

Schedule III: These drugs present a moderate to low threat of addiction and dependency. They include anabolic steroids, ketamine, testosterone and certain codeine-containing medications.

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 Posted on May 15, 2018 in OWI/DUI

When it comes to drunk driving arrests, most Wisconsin residents know about Breathalyzer tests and the fact that a test result that renders a .08 percent blood alcohol content (BAC) will usually result in an immediate arrest. However, Breathalyzer tests are not always accurate, and they can often get thrown out in court so they can't be used as evidence against the victim.

As such, a police officer will try to gather more evidence against a defendant by taking notes about his or her appearance and behavior, and by subjecting the defendant to a field sobriety test.

A field sobriety test involves police officers taking a driver through a series of tests. Police will ask the diver to perform different tasks and judge the person's ability to successfully complete those tasks. Video footage and evidence gathered during the field sobriety test will then be used against the defendant during his or her criminal proceedings.

Here are a few things an officer could ask a driver to do in a field sobriety test:

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 Posted on May 11, 2018 in Criminal Defense

Would you know what to do if you're accused of shoplifting? Would you run and hope that you get away? Would you stay where you are, explain yourself and pray that everything works out?

Although shoplifting is not the most serious crime, it can still lead to a serious punishment. This is particularly true in the event that you are convicted of shoplifting an expensive item, such as jewelry.

Here are some things to keep in mind if you're facing a shoplifting accusation:

• You have the right to remain silent. You don't need to become upset and start talking, even if a store employee or security guard is imploring you to do so. You don't want to say anything that can harm you later, so consider remaining silent.
• Security officers and store owners have the right to detain you until police arrive. However, keep in mind that they must have probable cause and are not permitted to use deadly force.

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 Posted on April 27, 2018 in Drug Charges

Drug addiction is a mental and emotional illness, just as much as it can be a crime. Fortunately, more and more states are beginning to treat the mental health issues that cause drug offenses rather than simply sending people to jail.

Through alternative drug treatment techniques called Treatment Alternatives and Diversion (TAD) programs, states across the country -- including Wisconsin -- have helped many nonviolent drug offenders get the help they need through voluntary substance abuse treatment as an alternative to prison or jail sentences.

TAD programs in different Wisconsin counties

The TAD programs available to drug defendants in Wisconsin vary depending on the county where the alleged offense occurred. These programs have helped many people overcome their addiction problems. They have also saved taxpayers money because they bypass the costs associated with imprisonment.

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 Posted on April 21, 2018 in OWI/DUI

Most people who have had a little bit to drink will err on the side of caution and take an Uber home or ask a friend to give them a ride. What happens if you're somewhere in the middle, and you're not sure if you've had too much to drink? What if you're trying to determine if your friend has had too much to drink before letting him or her drive you home?

Whenever you're not sure of how drunk you or your friends are, it's safest to take an alternate way home and avoid driving altogether. That said, here are a couple methods you might want to use for evaluating the state of someone's intoxication:

• Take the one drink an hour test. Add up the number of hours you've been drinking and add up the number of drinks you've imbibed. If the number of drinks exceeds the number of hours, there's a very good chance you're too drunk to drive. That said, you can't drink one beer in the first hour and five beers during the sixth hour. Also, you can't drink five beers on the first hour and one beer on the sixth hour. Use common sense at all times, and remember that smaller people have lower tolerances.

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 Posted on April 18, 2018 in OWI/DUI

Have you ever wondered what factors could affect your blood alcohol content (BAC) levels? There are many things that can interfere with the percentage concentration of alcohol in your bloodstream after you've drunk an alcoholic beverage. In some cases, such factors could cause two people who drank the same amount of alcohol to render different BAC levels when taking a Breathalyzer test.

Here are a few things that could be contributing factors to varying Breathalyzer test results between two individuals who drank the same amount of alcohol during the same period of time.

• Your age: The older you are, the more you'll be affected by the intoxicating effects of alcoholic beverages. In this respect, you might have the same amount of alcohol in your blood as your younger counterpart, but you exhibit more signs of inebriation.
• Your sex: Men tend to show fewer signs of inebriation and will have a lower BAC than women after consuming the same amount of alcohol. This is because men tend to have more water in their blood than women.

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