Wisconsin Criminal Defense Lawyer

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.

Over the last several years, conflicting reports have lurked just beneath the surface of the Milwaukee Police Department—reports of a group of rogue officers within the ranks who acted with a sort of vigilante justice. Now, however, new documents reveal the group did, in fact exist and at least one officer rumored to be a part of it is still on the force. read more

In a report released just this week, the Milwaukee Journal Sentinel is critical of what they see as a “major initiative” by the District Attorney, allowing people to avoid jail time in exchange for probation. According to their report, deferred prosecution “allows hundreds of defendants each year to walk away from criminal charges with little or no consequences in exchange for getting treatment and staying out of trouble.” read more

Just how a victim can impact a criminal case was profiled this week in this article from Gannett Wisconsin Media. As it states, Wisconsin led the way in victim’s rights when lawmakers passed legislation in 1993 protecting victims and giving them several guarantees, one of which was the right to talk with prosecutors regarding the case. read more

In the fall out of last month’s Supreme Court ruling on gun rights, gun right advocates are watching all related cases closely to see just how much of an impact the case has. A recent case out of Wisconsin has held a weapons restriction on domestic violence offenders to be okay. read more

According to a study released this week, Milwaukee police use force less often than many people might think. The Journal Sentinel places that rate at just 1.07% of arrests despite, what the paper states, are misconceptions and myths among the public. read more

A 36 year old Green Bay woman is facing serious charges from her former employer. Once employed as the President of the Green Bay Swim Club, she is now accused of stealing $30,000 from the club. She is currently in jail on other charges. read more

With so many states passing texting while driving laws, it’s refreshing to see another body of law enforcement using the texting phenomena to improve community relations and ease of communication. Madison Police Department will allow text messages to be received regarding potential crimes and those under investigation. read more