Wisconsin Criminal Defense Lawyer

To tell a black person in Milwaukee that they are more likely to be stopped by police than a white, would come as no surprise to them. But now there are statistics to back it up. Not only are black drivers more likely to be stopped than their white counterparts, they are seven times more likely to be stopped, according to a study by the Journal Sentinel involving 46,000 traffic stops. read more

Most people who end up in Milwaukee’s gun court are there because they are charged with a crime. But not everyone. Some are there to petition the court to return their weapon, seized by police. Some were arrested on unrelated charges and the weapon was taken then. Others were never connected to a crime at all. But all of them must prove they own the weapon and plead their case to a judge before being awarded their property. read more

According to an in depth report by the Journal Sentinel, police officers with the Milwaukee police department are less likely to face criminal charges than the people they are tasked with serving and protecting. Ninety-three officers have been disciplined for violating laws but some of them suffered no legal consequences at all. read more

The murder rate in Wisconsin fell last year, from 67 killings in 2009 to 58 in 2010. Alarmingly, however, there was an average one murder per week in the state related to domestic violence, this according to the Wisconsin Coalition Against Domestic Violence. read more

The Public Policy Forum released a report this week showing the number of people incarcerated in Milwaukee County has dropped significantly over the past few years. Daily adult and juvenile incarceration rates have fallen a combined 16% according to the Journal Sentinel. But, not everyone is happy about it. read more

Twenty years ago it was far more common to hear about an arson case. But now the number of fires being ruled as intentionally set has fallen dramatically. According to the Wisconsin State Journal, this drop has accompanied growing knowledge about the science of fires and less of a dependence on “folklorish” methods of days gone by. read more

Illinois and Wisconsin are the only two states that do not allow citizens to carry concealed weapons. If lawmakers in Wisconsin get their way, they will join the other states in passing legislation allowing for concealed guns and other weapons by their citizens. This week two bills were introduced and there’s a good chance one of them will eventually be adopted. read more

A recent case out of the District III Wisconsin Court of Appeals is a simple example of how your constitutional rights can affect your case, whether at trial or at the appeal level. A Wisconsin man saw his felony conviction overturned after it was determined the evidence in the case was part of an illegal search. read more

An article in the Milwaukee Journal Sentinel this week outlines several cases in which local police officers were accused of sexual misconduct and faced little in the way of consequences, with most of them returning to patrol. One has even been promoted since being accused and even “disciplined” by the department. read more

Following suit of the federal government and several other states, Wisconsin could be the next to ban synthetic marijuana and its components. Assembly Bill 57 was introduced last week to overwhelming support and it is likely to pass.

The FDA announced earlier this month that such synthetic marijuana products like K2 and Spice would be classified as Schedule I substances and listed as controlled substances. In their own press release, the DEA stated these substances have been shown to cause disorientation, anxiety attacks, dangerously high heart rate, blood pressure, vomiting, and convulsions.

Synthetic marijuana products are typically available at convenience stores and head shops. They looked like a leafy substance and were actually chemicals applied to a plant potpourri. Legislation across the country bans the chemicals responsible for the high.

Proposed new Wisconsin criminal charges would make a first offense possession of synthetic marijuana punishable by up to 6 months in jail and $1,000 in fines. A second or subsequent offense would be a Class I felony charge, carrying up to 3 years and 6 months behind bars and $10,000 in fines.

The bill also makes it a Class H felony to intent to manufacture, distribute, or deliver the substances, with a potential 6 year prison sentence.

Interestingly, the Waukesha Patch reported a few weeks ago that local police there made their first arrest on charges of driving under the influence of K2. Because the substance had recently been banned by the DEA, local officials were able to arrest the suspect on an OWI charge.

The driver’s erratic behavior was first reported by an off-duty officer. When he was pulled over, the patrol officer could tell the driver was under the influence of something but couldn’t determine what it was. A breath test showed there was no alcohol present and the police called out an expert.

A drug recognition expert ran 10 tests on the driver before the driver admitted to smoking K2, a brand name of synthetic pot. Incidentally, Waukesha has a municipal ordinance banning the substance too. The driver was arrested for his first offense OWI.

There’s little doubt that AB 57 will pass. Similar laws are being passed throughout the country. The DEA ban is temporary, however, as feds study the effects of the substances and consider a more permanent remedy.