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High school students face sexting enforcement

Police officers were called to Pewaukee High School in southeast Wisconsin at least once a week over the last few years because of alleged "sexting" among students. However, the state does not have laws addressing these types of sex offenses and, as a result, the Village of Pewaukee adopted an ordinance to combat this behavior.

Sexting usually occurs between two consensual people. However, relationships end and one of students in that relationship may share that sexually explicit photograph with other people. The high school in Waukesha County has 800 students. Police were routinely called to deal with teenagers transmitting explicit images of students. According to local police, the volume of calls put a strain on their resources.

College sex assault charges are defended on different fronts

Sexual assault charges are usually pursued in a criminal trial court. But, as colleges deal more with sexual assault or harassment allegations, a legal defense against sex offenses must go beyond criminal law. Charges against a high-profile former Wisconsin Badgers football player has involved Title IX and campus legal procedures.

The 21-year-old athlete will be tried in Madison on charges that he sexually assaulted two students in April of 2018. On August 20, he was charged with one felony count of second-degree sexual assault of an intoxicated victim and another felony count of third-degree sexual assault. He may argue that the sex was consensual and that the victims were not intoxicated, as they claimed.

Synthetic fraud crime under surveillance

The growing interconnectivity in our economy and new technology has led to expanded federal law enforcement activities. The Federal Reserve recently issued a whitepaper discussing synthetic identify fraud and identified it as the most rapidly growing type of crime in the United States.

Experts estimate that synthetic identity fraud is the most rapid growing type of financial crime in this country. But, it is difficult to detect. It is often unreported because its victims are children, the elderly, the homeless and others who are less likely to seek access to their credit information and discover this fraud. This offense occurs when synthetic identities are created by combining valid information about consumers with fake information. For example, a real Social Security number may be combined with a fake address or birth date.

Top five computer crimes

Any illegal activity that is conducted through digital technology is a computer crime, often known as cybercrime. Computer crimes pose a growing threat to Americans. Last year, over 70% of U.S. citizens said they were afraid they could become a victim of cybercrime. Nearly 30% of citizens said that they had already been affected by data breaches.

In order to protect your data, you should know the top five most common cybercrimes.

Supreme Court allows blood test from unconscious DUI suspect

Police do not have an unlimited right to use testing procedures on suspected drunk drivers. There are constitutional protections against invalid or unlawful tests. However, the U.S. Supreme Court issued a surprise ruling in June that allowed Sheboygan, Wisconsin police to administer a blood test to a driver while he was unconscious.

Sheboygan Police received a report that the suspect appeared to be very drunk and drove away in a van. They later located him wandering around a lake and appearing drunk. He exceeded Wisconsin's legal limit by three times in a field sobriety test and was taken to a police station for a blood test and breathalyzer. He lost consciousness at the station before the tests were administered. Police took him to a hospital and administered a blood test without obtaining a warrant. It resulted in a blood alcohol content of 0.222 percent around 90 minutes after his arrest.

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.

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Kirk Obear, Attorney at Law
603 South 8th St
Sheboygan, WI 53081

Phone: 920-395-3004
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