In McDonald v. Chicago the United States Supreme Court voted 5-4 that a citywide ban on firearms was illegal, infringing on the 2^nd Amendment right to bear arms. While the court found states could make reasonable regulations, an all out ban was ruled unconstitutional. Now, in courts across the country, decisions are being made as to what regulations can be considered “reasonable.”

Case in point: Can domestic violence offenders face a lifetime ban on owning firearms? The 7^th Circuit Court of Appeals says yes.

The case in question involved a man who was convicted of possessing a shotgun while on probation for domestic violence. He was ultimately sentenced to 2 years in prison. Initially, the Appeals Court overturned the conviction, stating the prosecution needed to show the relation between gun possessions and reducing the chances of domestic crime.

This time, however, the court sided with the prosecution, reinstating the original convictions and sentence. They ruled that if a ban on nonviolent felons owning firearms was considered reasonable, than a ban on domestic violence offenders are as well.

Additions cases similar to this should be hitting the court systems nationwide, as states fight to define what can be reasonably regulated in reference to the 2^nd Amendment right to bear arms.

The Chicago gun ban had normally law-abiding citizens breaking the law to keep a gun in their home for self defense. Now the city of Chicago is passing updated laws to tighten just how people are allowed to obtain and possess the guns.

Balancing the right to bear arms with public safety and criminal law is no easy task. It isn’t hard to run afoul of gun laws because there are so many regulations. However, if convicted of a weapons offense, you may be looking at a lengthy prison sentence and a permanent criminal record.

If you’re facing gun charges or domestic violence charges, I can help. Contact me today for a free consultation on your case.

The report blames the media and public hype for “over exaggerating” a problem that doesn’t really exist. The findings were based on police reports that must be filed any time force is used.

Some of the findings include:

• 34% of use of force incidences in the city occurred in District 7
• 459 use of force incidences occurred in 2009
• 20% of all Milwaukee police officers were involved in a use of force that year
• 7 people died last year during incidences involving police use of force

While there’s no doubt that the media often depicts crime as being far more frequent and far more frightening than it truly is, people must remember that anytime a state sanctioned force, like the police, uses force, it should be documented and shared with the public–both for accountability sake and to offer a peace of mind that the officer’s #1 goal is protecting the public, not putting it in harm’s way.

Anytime you are under arrest and you resist or do not follow directions exactly how they are told to you, you run the risk of having force used on you. While this isn’t appropriate in all circumstances, it is necessary in some.

Your rights should be at the forefront of the criminal justice system but oftentimes it seems as if they are an afterthought. As your defense attorney, when you are facing criminal charges, it is my job to ensure your rights are protected at every stage of the game.

From the moment you are patted down or your car searched, your Constitutional rights cannot be infringed upon by the police without reason. If you are facing charges now and need assistance with your case, contact me today.

Whether you are up against drug charges, theft, or an assault—I can help.

According to this article from the Green Bay Press Gazette, the defendant is facing two counts of felony theft. The thefts allegedly occurred in June 2009 but weren’t noticed until several months later when discrepancies became obvious in the club’s bookkeeping. Checks written on the club’s account were being returned due to insufficient funds.

The paper alleges that the woman was using the money from the Swim Club to finance her personal business. Embezzlement is a theft offense under Wisconsin law, and she is facing several years in prison for these felony charges.

However, these aren’t the only charges she faces. She is currently in jail on a probation violation for a fraud case in 2008. At that time she is reported to have opened a bank account with a worthless check written for $8,000 and then attempted to withdraw $4,000 of that money. She was sentenced to 6 months, but has earned 100 days credit for time served, giving her just a few weeks remaining on that sentence.

It seems she has had several run-ins with the law regarding theft. In one last case mentioned in this article, the defendant was also convicted of a theft from a former employer in 2001 when she stole $3,000 intended for children’s dance costumes.

Not everyone learns their lesson the first time around. For some, repeated court appearances are a normal thing. And while they might be accustomed to sitting before a judge, that doesn’t necessarily mean they enjoy it.

For others, a criminal charge is a life changing experience, one so frightening and humiliating they promise to never run afoul of the law again.

Whichever type of defendant you are, when facing criminal charges you want the best outcome. I can help you get that. Contact me today to discuss the charges against you.

I can give you some free valuable legal advice and we can discuss the possibility of me advocating on your behalf in court.

Unveiled this past week, Chief Larry Muncey states the line will be confidential, encouraging people to submit tips they may normally avoid due to potential fear of retribution. Emails and phone messages can also now be left anonymously.

Officials seem to hope this will encourage students to get involved and potentially prevent crimes as well as solve ones already committed. The system actually stemmed from a School Safety Task Force committee meeting.

Kids won’t be the only ones with access to the texting benefits, though. The system will be city wide, allowing all citizens with texting capabilities to report at will.

Will this mean an influx of crime tips for the city? It’s not likely. Though school officials and police are hopeful it will increase some, the people who would regularly report a crime may just change their approach.

Many people wonder if an anonymous tip like this is enough for police to make an arrest. If an anonymous tip is the only evidence against you, it isn’t likely. In most cases, evidence consists of much more than a tip before the prosecution believes they have something worth pursuing.

If you are facing charges based on such a tip or if you have questions about the evidence against you in general, I can help. I have defended numerous clients facing all types of charges in Wisconsin, and would be honored to help you with yours.

Contact us today for a free consultation on your case and some legal advice. I can help with anything from theft, drug possession, or assault charges.

There are certain crimes that departments across the nation track for use in the federal Uniform Crime Report. The UCR, developed by the FBI, tracks Homicide, Rape, Robbery, Aggravated Assault, Burglary, Theft, Auto theft, and Arson. When compared with the rates for this time in 2007 those 8 crimes have dropped 26.7%.

Like the report states, however, what causes the drop can be difficult to pinpoint. The falling numbers also contradict the commonly held belief that a poor economy causes a jump in crime rates.

People within the community have criticized police response time and state that more attention has been focused on arrests rather than clearing cases. Officials, however, argue that their clearance rates are at all time highs as well.

Among the possible reasons for the drop in crime is increased police presence in high crime neighborhoods. The term deterrence is used to describe a potential criminal’s reluctance to commit crime for fear of getting caught.

How these falling crime rates affect those people currently facing charges can vary. However, despite the drop, courtrooms are still crowded and prosecutors are still willing to make deals. Plea bargains remain continue to be the resolution for most criminal cases.

A plea agreement can result in a lesser charge or a more lenient sentence. Things like your criminal history and the circumstances of your crime all dictate the likelihood that you will be offered a favorable plea agreement. Your defense attorney can help you weigh any bargains offered by the prosecution to determine if they are worth your while.

When facing criminal charges, whether crime rates are up or down, you need an experienced criminal defense attorney. I can help you with your theft, drug, or assault charges but need to hear from you first. Contact me today for a consultation on your case.

According to this report from The Sheboygan Press, the suspect confessed to the incident soon after being arrested. Although an attorney called the police station to inform them of his representation of the suspect, the man waived his rights and confessed anyways. The admissibility of his confession rests on whether the confession itself is constitutional since his attorney claimed representation before he spoke.

Your right to an attorney is guaranteed by the U.S. Constitution and also by the state’s constitution. Typically, you must knowingly waive the right in order for your discussions with police (without an attorney present) to be admissible in court. If you invoke (or use) your right to an attorney, the police must stop questioning until your attorney is present.

The issue in this particular case is whether or not the suspect’s confession is admissible. He did have an attorney at the time but he also waived his rights before confessing.

Judge Terrance Bourke suppressed the confession stating it was unconstitutional but the state Court of Appeals reversed his opinion. Now the decision rests with the Wisconsin Supreme Court. They will rule whether his confession is admissible as evidence at trial, though they probably won’t make that ruling until the trial has run its course.

Rules of evidence including confessions and even your right to an attorney are extremely complicated. We could probably all recite the Miranda rights that begin with “You have a right to remain silent…” but, how many people truly know what they mean?

While this case was about sexual assault, your rights are the same whether you are facing charges of theft or drug possession. Understanding those rights and having an advocate on your side looking out for your best interest is crucial when you go before the state criminal courts.

If you are facing criminal charges and concerned about your rights, call me today. I can offer you a free case evaluation on your charges and some legal advice.

As this article from the Journal Sentinel reports, Ksincinski used the representation of a defendant charged with possession of ecstasy to prove his point. Unfortunately for him, Millwaukee Country Circuit Judge Ellen Brostrom disagreed, stating that the shackling of defendants was not unconstitutional.

The shackling practice was started by Sheriff David A. Clarke Jr. who maintains the practice is necessary to ensure a safe courtroom. However, critics argue that most of those defendants who are charged with non violent crimes pose no safety threat to the court to begin with.

Instead, critics believe, the decision to shackle or not to shackle a defendant before trial should be the choice of the judge, determined on an individual basis and centered on the charge and personal criminal history.

More than likely the case will be appealed by Ksicinski who wants a higher court to address the issue. Brostrom reasoned her decision was based on the U.S. Supreme Court’s decision that pretrial body cavity strip searches are constitutional. This less obtrusive action must also be allowed, she said.

In the meantime, whether you are charged with an OWI or something far more serious, you will be shackled for your intake appearance, regardless of your right to be assumed “innocent until proven guilty.”

Being shackled is not the only humiliating aspect of facing criminal charges. When you are led before the court while your family, friends, and acquaintances watch, it is difficult to not be ashamed, whether you are guilty or not.

When facing criminal charges it is crucial to have an attorney on your side, representing your best interests and ensuring your rights are protected at every stage of the process. Contact me immediately if you are up against charges and need the assistance of an aggressive criminal defense lawyer.

According to the Milwaukee Journal Sentinel, Timothy Hayes, a 48 year old Franklin contractor was recently given deferred prosecution in a plea agreement between the District Attorney’s office and his criminal defense lawyer. His criminal history has some questioning the plea agreement and the fact that he won’t be serving any jail time for an incident that nearly hurt a police officer.

Hayes was accused of nearly backing his car into Deputy Sandra Welsher as she sat atop her patrol horse. He got so close that Deputy Welsher states that her pant leg moved. When police found him at his mother’s home he refused to exit his vehicle. Once opened, police found numerous police-slandering signs within the vehicle.

Hayes was originally charged with 2^nd degree reckless endangerment, a felony with a potential 10 year sentence. However, under deferred prosecution, the charges will be dropped if Hayes fulfills certain obligations, including staying crime free, between now and March.

Deferred prosecution cases are most often reserved for first time criminal offenders. Hayes isn’t a first time offender and it seems this is part of the reason some are upset with his plea agreement.

In cases of deferred prosecution the defendant is allowed to complete a term of supervision, similar to probation, before trial. If successful on this probationary term, the charges are dropped. Deferred prosecution always contains a term that the accused stay out of trouble but may also ask that they complete community service, drug or alcohol treatment, and maintain employment.

Not all offenses are eligible for deferred prosecution. If you’re wondering about your charges, call me today to discuss this and other options available to you.

While some people are upset with Hayes’ second chance, it could be the opportunity he needs to change his life around.

Whether you are facing charges of OWI or assault, I want to help. Contact me as soon as possible for a free consultation on your case.

Following a tip from the U.S. Fish and Wildlife, the county’s sheriff department responded to “suspicious activity” in the Mertes Slough Boat Landing parking lot. It was there that deputies arrested 21 year old Rochester, Minnesota man Hussein Haji Hassan with more than 16 grams of cocaine.

His arrest led to two more Rochester men being arrested in Buffalo, 25 year old Mohommed Yusaf Osman and 23 year old Shueb Ali Abdulle. These arrests were made as officers set up a sting, posing undercover to purchase cocaine from the men.

Hassan faces charges of possession of cocaine with intent to distribute while the other two men are facing charges of delivery. All three men will face those charges in Buffalo County.

In rural communities, ignorance is often bliss. Drug activities happen and many people don’t even realize it until someone they are close to gets involved. It is not unusual for bigger city dealers to branch out, trafficking to smaller neighborhoods and communities where demand for drugs is high but supply is limited.

As the drug underground grows in these smaller communities, people become aware when the level of activity is no longer easily ignored. Unfortunately, many of these communities are not equipped to deal with drug offenders like larger cities.

Bigger cities have more resources. But, even smaller communities have access to probation programs. As a first time offender, you may be fortunate enough to only be sentenced to probation rather than active prison or jail time.

If you are facing drug possession or distributing charges, call me today. I am interested in helping and doing my best to ensure you get the best possible outcome on your day in court.

Operation Payback began in April of 2008 in the 6^th District of the city’s police department under the guidance of Captain Donald Gaglione and Alderman Robert Donovan. The program began in response to a dramatic increase in tagging and the taking down of a tagging crew called “WR” at the time.

Now, it’s not only people convicted of graffiti who are sentenced to serve community service with this program. According to this press release from the city of Milwaukee, the Sherriff’s Department is even using inmates at the House of Correction are also working to clean up the streets with this program.

The program, and many like it, serve several purposes. They clean up the city and teach the offenders the value of civic duty. They allow the probationers, parolees, and current inmates to serve the community while working off the terms of their case.

Graffiti is considered a property crime and typically falls under the charge of Criminal Damage to Property. This charge is considered a misdemeanor and can result in up to 9 months in jail and $10,000 in fines.

If you have never been involved with the criminal court system any criminal charge is a serious criminal charge. Facing the possibility of jail time is frightening and sobering. The prospect of something like this can especially cause a great amount of stress when you don’t have a defense attorney.

Having an experienced defense attorney on your side can occasionally make the difference between serving a jail sentence and being sentenced to probation.

If you are facing charges of Criminal Damage to Property in Wisconsin or any other criminal charge, I want to help. Call me today to discuss the details of your case and to see how I can assist you during this difficult time.