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Author: Benjamin Van Severen

When Obstructing isn’t Obstructing

Obstructing an officer is a crime in Wisconsin.  Citizens are not allowed to obstruct an officer doing any act in his official capacity and with lawful authority.  This includes knowingly giving false information to an officer.  But what if you simply refuse to give an officer information?  What if you don’t tell an officer your...CONTINUE READING

Entrapment as a Defense

Entrapment is one of the most commonly known defenses to criminal liability.  But, what does it actually mean?  And when does it apply?  In this blog post, criminal defense attorney Benjamin Van Severen explains what entrapment is.  He also explains common crimes where entrapment can be used. Procedure for the Entrapment Defense The accepted definition…

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Demerit Points On Your Driving Record

You’re driving down the highway when you see flashing red and blue lights behind you.  The cop comes up to talk to you and gives you a ticket.  You see the fine and you see the  “estimated points.”  What do the points mean? How long do the demerit points stay on your record?  Read on...CONTINUE READING

Bartender Faces Charges in Texas

Texas bartender charged for serving alcohol to an intoxicated person A Texas bartender was arrested last week and was charged with a misdemeanor for selling alcohol to an intoxicated person.  Is there a similar statute in Wisconsin?  Read on to learn about a similar crime in Wisconsin and what penalties you face if convicted. Over-serving…

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What is a Probation Hold?

One of the most common calls we receive at Meyer Van Severen, S.C. involves a loved one being placed on a probation hold.  This post will explore how you can be placed on a probation hold, how long you can be detained on a probation hold, and possible outcomes of your probation hold. Detained on…

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Impersonating a Peace Officer

Remember the childhood game of cops and robbers?  One person would dress up as the cop and the other would be the bandit.  It was a harmless game.  But did you know that Wisconsin law makes it illegal to impersonate a peace officer?  This post will examine the point where a fun game crosses the…

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Sentence Credit – Harder Than It Seems

Calculating sentence credit in Wisconsin is more difficult than you’d expect. Sentence credit calculations should be simple.  I spent “x” days in jail.  Therefore, I should receive “x” days of credit towards my sentence.  But calculating your sentence credit is rarely that easy.  In this post, criminal defense attorney Benjamin Van Severen discusses sentence credit. …

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Revenge Porn in Wisconsin

How do Wisconsin prosecutors deal with revenge porn? We’ve all heard the term used in the media – revenge porn.  But what is it and how does the law criminalize the conduct in Wisconsin?  Although this charge seems straightforward, it can be confusing.  Consequently, criminal defense attorney Ben Van Severen discussed the charge and its…

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Stand Your Ground – A Classic Case

A stand your ground case in Florida recently made national headlines.  Earlier this week, an Uber driver shot and killed a man who threatened him with what he believed to be a gun.  This post recaps the Florida case.  And it discusses the legal implications had this occurred in Wisconsin. If you are facing any kind…

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A Trial Without the Defendant?

How can a criminal trial proceed without the defendant present? A recent high profile case in Milwaukee where the defendant’s trial continued without him makes you wonder how there can be a trial without a defendant.  While uncommon, this is not unheard of. Section 971.04 of the Wisconsin Statutes require the defendant to be present…

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