Free Consultations | Available 24 / 7
262-232-6699
711 W. Moreland Blvd. Suite 100,
Waukesha, WI 53188
Recent Blog Posts
False arrest at Starbucks draws protests
Two black men were at a Philadelphia Starbucks waiting to have a business meeting when police entered the premises and demanded that the men leave. A Starbucks employee had called the authorities, asking police to remove the men, who the Starbucks employee claimed had not purchased any coffee and refused to exit the premises when asked.
Police arrived and an ugly, racially-motivated arrest ensued, all while others in the cafe watched and videotaped the incident. Police questioned the men, asking them why they were there, and they answered that they were waiting for someone to arrive for a business meeting.
The incident, which went viral on the internet, has sparked nationwide protests against Starbucks. Even the CEO of Starbucks has issued a formal apology to the men and closed down Starbucks stores for training intended to prevent such incidents from happening again in the future.
The fact is that most Starbucks customers have sat down in a store and waited before ordering because their friend or business associate had yet to arrive. In this case, as police were putting the handcuffs on the men, their business associate arrived for the meeting, verifying the men's initial claim.
Can you get charged with drunk driving a lawn mower?
When it comes to the various ways you can get from A to B, human beings have a lot of options. You could hop on a bicycle, a skateboard, a jet ski, a unicycle, a golf cart – and even a riding lawn mower – if you wanted to. The thing is, even though these vehicles are not automobiles, when you operate them, you must follow the rules of the road. As such, you can get arrested for drunk driving a lawn mower in Wisconsin. In fact, this is exactly what happened to a man in Pennsylvania.
According to police, a 55-year-old man was driving his lawn mower with an open beer can during the early morning hours. Police further alleged that the man smelled of alcohol and when they searched the storage compartment of his lawn mower, they found an empty beer can. The man claimed he was riding the lawn mower to his home, which was six miles away.
Have you considered these drunk driving defenses?
Defendants in Wisconsin who have been accused of drunk driving will have various criminal defense strategies available to them. However, only certain methodologies will apply to any given case depending on the facts and evidence being presented by the prosecution, and depending on the potential punishments involved.
That said, here are three common defense strategies used by lawyers in Wisconsin:
Improper stop
Police must have a valid reason -- virtually any valid reason -- to pull over a driver, such as the driver not having his or her headlights on or crossing the double-yellow line. If police stop a driver for no good reason and it ends in an arrest, then the resulting charges could get thrown out of court.
Bad handling of chemical test samples
Whether police use a Breathalyzer test, or hold a test without a Breathalyzer through a blood or urine sample, these tests are hard to prove as accurate in some cases. If the defendant can show that lab technicians or police mishandled the samples related to the test, he or she might be able to get the lab results thrown out as evidence.
Are nunchucks illegal in Wisconsin?
Nunchucks, a.k.a "nunchaku" are usually two wooden sticks or two metal pieces of pipes connected by a rope or chain on one end. They are used by martial artists and other weapons enthusiasts as protection in many cases. They are also classified under Wisconsin law as "dangerous weapons." Therefore, much as someone tries to tell an officer that they're just two pieces of wood connected by a rope, nunchucks will definitely be viewed as dangerous weapons by the police and, therefore, they will be subject to specific rules and regulations.
Here are a few things to keep in mind about dangerous weapons and nunchaku in Wisconsin:
- In terms of carrying and possessing nunchucks, the law reads as follows: "No person may carry, possess or use any dangerous weapon, except with the written approval of the chief of police or his or her designee or for law enforcement purposes. Dangerous weapons not approved by the chief of police may be confiscated by a police officer."
New proposed legislation seeks a ban on assault weapons
The latest mass shooting to shock the United States into a wave of grieving was the catastrophic incident that happened on Feb. 14, 2018, in Parkland, Florida. This sad mass murder was carried out by a lone gunman armed with an AR-15 assault rifle, which he used to murder 17 high school students.
As the media continues to rage, and communities continue to real, Democratic lawmakers introduced a newly minted gun control measure as a response. If it becomes federal law, the measure would ban individuals from owning the AR-15 assault rifle, among many other weapons that the law classifies as assault weapons.
Thus far, Republicans have strictly opposed the proposed law while Democrats are supporting it. Gun rights advocates oppose bill as well, while pointing out that the AR-15 should not be on the list of banned weapons because it is not a fully automatic rifle.
The law clearly states it will make it illegal for individuals "to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a semiautomatic assault weapon." The law also requires a public list of all assault weapons that criminals have used in carrying out their crimes.
Marijuana acceptance continues to rise in Wisconsin
Politicians in Wisconsin have shown signs of supporting legal marijuana. For example, a high percentage of Democratic gubernatorial hopefuls have recently come out in support of legal marijuana. Also, the Wisconsin legislature may place a ban on marijuana testing by employers.
Perhaps the fact that politicians are supporting legal pot is a reflection of a 2016 poll revealing that 59 percent of Wisconsin residents support legalizing marijuana. If current trends continue, it's likely the more residents will accept and support legalizing the recreational use of
marijuana as the years go by.
Wisconsin legislature could ban marijuana drug testing at jobs
According to a National Organization for the Reform of Marijuana Laws (NORML) activist in southeast Wisconsin, "No one should have to worry about losing their job for recreational cannabis use . . . We strongly believe that no one should be penalized at work for what they do in their free time," the man said.
State Patrol increases drug arrests in Wisconsin
The Wisconsin State Patrol reports a noteworthy increase in drugged driving during 2016 and 2017. The State Patrol says there has been a 20 percent increase in drug-related arrests over this period of time. In 2016, the State Patrol carried out 2,900 drug arrests and, in 2017, it carried out 3,400.
As for drugged driving arrests, the State Patrol has also seen an increase, having arrested 310 allegedly drugged drivers in 2016 and 390 more in 2017. Authorities say that the increase in arrests has a lot to do with two factors — the better training of officers in detecting and identifying drivers who are high on drugs and the legalization of marijuana in various neighboring states. For example, Michigan, Ohio and Minnesota have all loosened their marijuana laws, resulting in more people gaining access to the drug legally.
According to a representative of the Wisconsin State Patrol, "...marijuana is bound to be moved through the state, and our officers are starting to see more of that." He also said that he believes "...there's a rise in drug arrests based on the fact that marijuana has been legalized in some of these states and we're seeing it being transported to and from through Wisconsin."
How does a Breathalyzer test device work?
If you were arrested for drunk driving, at some point during your arrest process, police probably administered a Breathalyzer test. The results of this test may have even produced a key piece of evidence in your criminal defense lawsuit, and the prosecution may try to use this evidence against you to convict you of drunk driving. As such, you might want to understand a little more about how Breathalyzer tests work.
The Breathalyzer test machine comes in numerous forms and variety. "Breathalyzer" is a brand name, but other companies may offer breath testing devices as well. Generally, all of these devices work the same, and they are all subject to rending completely inaccurate test results. As such, even if your breath test showed you had a high blood alcohol content (BAC), it doesn't necessarily mean that you will ultimately be convicted.
Breathalyzers analyze the percentage concentration of alcohol in your blood by registering how much alcohol is dissolved into your breath. A scientific testing methodology known as infrared spectroscopic analysis is used to analyze your breath like this. The captured alcohol within your breath is detected because it absorbs light waves that belong to a specific frequency. The more of these lightwaves the are captured, the higher score of drunkenness the Breathalyzer will give you.
How to defend against a drug possession charge
Due to the differences between drugs and their potential punishments, defendants accused of drug possession will need to tailor their defense strategies to the unique facts and circumstances that apply to their cases. For example, if you've been accused of possessing a kilo of cocaine, your defense strategy will probably be very different from the strategy employed by someone accused of possessing half an ounce of marijuana.
That said, there are certain drug possession defense strategies that -- depending on the circumstances -- could apply to any kind of drug crime accusation.
Here are several common defenses against drug possession
What follows are some of the most common defense strategies employed by those accused of drug possession:
Unlawful search and seizure: The police cannot perform a search and seizure randomly on anyone. The need to have a reasonable cause of action to suspect that the person is in possession of a drug in order to perform a search. For example, maybe the police saw drugs in the backseat of the defendant's car. This would be sufficient reason for them to perform a search. If police perform a search and seizure operation without sufficient cause, then any resulting charges could be thrown out in court.
Are firearms prohibited from federal property?
It's important for any gun or weapon owner to understand the restrictions that prohibit the carrying of certain firearms onto federal property -- especially if the weapon owner frequently carries weapons on his or her person. Failing to understand these restrictions could result in falling into serious legal trouble with the federal criminal law system.
Here is a complete list of firearm items -- and other weapons -- that you are prohibited from carrying onto a federal facility:
- Anything that could be considered a dangerous weapon.
- Explosives and destructive devices, including their individual parts and components that could be converted into a dangerous weapon that would cause death, serious injury or property damage.
- Projectile weapons and firearms, including airguns, BB and pellet guns, antique firearms, flare guns, replica guns, toy guns, spearguns, starter pistols, stun guns and cattle prods, ammunition and slingshots.
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
