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What are the consequences of drunk driving?

A drunk driving arrest can have life-altering consequences. Drunk driving defense attorneys may be necessary to combat charges and lessen serious penalties.

Police may stop a suspect and have them perform a field sobriety test or preliminary breathalyzer test. A driver can refuse these tests, but there are consequences for an improper refusal.

Possessing any amount of marijuana in Wisconsin is too much

You can visit Wisconsin’s neighboring states and find legalized or recreational marijuana. Unlike 33 other states, however, Wisconsin has yet to legalize either. Maybe someday Wisconsin will join other states in legalizing marijuana for medicinal or recreational purposes.

Until that day comes, it’s a good idea to avoid carrying any amount of marijuana within state lines. Wisconsin views marijuana as a Schedule I substance, which is a fancy way for saying they believe its use has a high potential for abuse and no medical use. Whether you agree or disagree, that’s the law.

What is honest services fraud?

Prosecutions of college admissions activities involving celebrity children have focused attention on a surprising crime involving daily and arguably inappropriate conduct with private businesses and organizations. In many cases, federal fraud charges attorneys must deal with an unclear honest fraud services crime.

This offense is related to mail and wire fraud. It is defined as an intentional scheme to defraud including a material deception while using public or private mail carriers or interstate wires which resulted with the derivation of the intangible right to honest services.

US Supreme Court reviews DUI case

Blood testing is an important tool for police in drunk driving cases. Motorists have certain rights when confronted with testing. But, in a Wisconsin DUI case, the U.S. Supreme Court is trying to determine whether police must seek a warrant to draw blood from an unconscious driver.

The motorist appealed a decision from the Wisconsin Supreme Court that determined that drawing blood from the unconscious driver did not violate the Constitution's Fourth Amendment protections against unlawful searches and seizure. Wisconsin, like 24 other states, has a law that assumes drivers automatically consent to breath or blood tests by holding a driver's license. This implied consent exists law even if the driver is unconscious.

Rape kit testing leads to charges against six

Sexual assault test kits can be compelling and even decisive evidence in criminal prosecutions. However, everyone who is accused of a crime has the right to a defense, and a good defense means questioning the reliability of the evidence.

The Wisconsin Department of Justice's initiative to analyze thousands of untested assault kits has led to the filing of charges against six individuals in cold cases. A legal defense against sex offenses should consider this type of testing and whether its results are accurate and valid.

What is the age of consent in Wisconsin?

Statutory rape occurs when a person has sex with someone who is under the age of consent. Wisconsin's age of consent is 18. Prosecutions for sexual assault of a minor can have serious consequences.

Individuals who are 17 years old or younger cannot legally consent to participate in sexual activity. In other words, it is no defense that an underage participant agreed to have sex. A person violates the state's statutory rape law when a person has consensual sexual intercourse with a person under 18.

What is wire fraud?

Fraud charges may be filed for alleged crimes that take place through the mail, telephone and electronic media. Attorneys can help defend against federal fraud charges, including wire fraud. Wire fraud occurs when the defendant uses electronic communications or an interstate communications facility to defraud or obtain money after making false promises or representations to the recipient of the communication.

Convictions for this federal crime may result in up to 30 years imprisonment and fines and restitution. Prosecutors must file charges within five years. Where the fraud involves a financial institution, this period is 10 years.

What is embezzlement?

Employees may be entrusted with finances and other valuable assets. However, an embezzlement charges defense law firm may be needed when employees are charged with stealing these assets.

Embezzlement is defined as wrongfully appropriating funds that were entrusted to a person but owned by another person, business or organization. It is widely known as employee theft, but this crime can also cover other individuals who hold a position of trust within an organization, such as a charity or government authority.

Supreme Court restricts civil forfeiture

Wisconsin and other states have civil forfeiture laws that allow law enforcement to seize cash, vehicles and other private property that may have been used in crimes, particularly drug offenses. The U.S. Supreme Court, however, unanimously ruled that the Constitution restricts the ability of states and towns to take property involved in crimes. This decision can help a drug charges defense law firm fight this practice.

A criminal conviction or even charges are not required for civil forfeiture. Law enforcement must only submit proof that the property was used in a crime. To seek return of their property, owners must prove that it was not used in a crime or was used without their knowledge. Investigations across the nation revealed many incidents where the property seized was disproportionate to the crime, taken from innocent citizens or targeted by authorities.

Higher OWI penalties introduced

Wisconsin motorists may be facing more severe penalties for drunk driving charges. Under one of these proposals, drunk driving defense attorneys may have to now combat some of these charges as criminal offenses instead of civil violations.

Currently, first-offense drunk driving is a civil ordinance violation in Wisconsin. A bill would upgrade this to a misdemeanor that can be punished by up to 30 days imprisonment and a $500 fine. Offenders could petition a court to convert it to a civil violation after five years if the offender does not commit any new OWI violations.

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Obear and Kaehne
603 South 8th St
Sheboygan, WI 53081

Phone: 920-395-3004
Fax: 920-395-2202
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