Category: Criminal Defense

SCOW deals with GPS devices, search warrants

State v. Johnny K. Pinder: whether a warrant to attach a GPS device to a vehicle was void for failure to abide by statutory requirements On November 16, 2018 the Supreme Court of Wisconsin issued an interesting decision regarding GPS devices.  In State v. Johnny K. Pinder, 2018 WI 106, the Court confronted the issue of…

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Do I need an attorney yet?

What should you do if you find out the police are investigating you for a crime and they want to speak to you? The first thing you need to know is simple:  Stop.  Don’t need to speak with police. There’s no legal requirement to give a statement to the cops.  It doesn’t matter if they…

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Can I be charged with sexual assault just because someone said I did it?

Potential clients contact our firm every week and ask the same question:  Can I be charged with sexual assault just because someone said I did it? The answer is yes.  For the most part, you can be charged with sexual assault based just on what someone said.  But that doesn’t mean you’ll be convicted.  Sexual…

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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?  In this post we examine the law and penalties associated with the revenge porn in Wisconsin.  If you’ve been charged with…

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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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Criminal Carjacking Penalties May Increase

A bill proposed in the Wisconsin Senate looks to increase penalties for carjacking in Wisconsin.  Legislators have said that they proposed the bill because of the increased rate and brazenness of carjackings in Milwaukee.  This post will explore the current law and look at how the new law would increase the penalties.  Criminal defense attorney…

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Sealing Your CCAP Record

The Wisconsin Circuit Court Access website, or CCAP, shows all filings in circuit courts throughout Wisconsin, including criminal, family, and small claims cases.  As it relates to a criminal case, a user can discover a wealth of data with only a few clicks, including the status of the case, the next court date, and what…

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Possession – Not as Simple as You’d Think

There are dozens of crimes involving possession of something prohibited by law.  Controlled substances and weapons are the most common items where possession is regulated.  Possession seems pretty straightforward, but in fact, it’s quite the opposite.  This post will examine the different ways to possess an item and legal defenses to possession. Possession – What…

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“Making a Murderer” – The Search for Truth

In a little under one month since its release, the Netflix original documentary “Making a Murderer” has taken America by storm.  The 10-part series was released on December 18, 2015, just in time for the holidays.  The filmmakers take viewers on a nearly 30 year journey, beginning with Steven Avery’s 1985 conviction for sexual assault. …

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