Category: Criminal Trial

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

Parental Discipline and Child Abuse

Criminal penalties: If you find yourself in a situation where you can act to prevent either bodily harm or great bodily harm to a child, and you do noting, you can be punished. Remember, if the actions you fail to prevent could result in bodily harm to the child, you could face up to 6…

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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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Is identity theft a felony?

Identity theft cases are serious. In some circumstances, they're felonies. The term identity theft spans a broad range of crimes.  Importantly, Wisconsin does not have a crime that goes by this specific title.  There are many versions of identity theft.  Criminal defense attorney Benjamin T. Van Severen explains them all in this blog post.  (And...CONTINUE READING

Do You Need a Lawyer for Your First OWI in Wisconsin?

If you have been arrested for Operating While Intoxicated (OWI) for the first time, you may be curious as to just how much trouble you are really in. It’s possible that you know someone (or even multiple people) who have gotten an OWI and seem to have come out on the other side relatively unscathed….

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Murder, Manslaughter, and Homicide

What is the current law? To illustrate, homicide, murder, and manslaughter laws in Wisconsin are as follows: First-degree intentional homicide – Wis. Stat. sec. 940.01 First-degree reckless homicide – Wis. Stat. sec. 940.02 Felony murder – Wis. Stat. sec. 940.03 Abortion – Wis. Stat. sec. 940.04 Second-degree intentional homicide – Wis. Stat. sec. 940.05 Second-degree…

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Verbal Argument Can be Domestic Abuse

I got into a verbal argument with my wife. Why am I being charged with Domestic Abuse? Many clients ask why they are being charged with Domestic Abuse for getting into a verbal argument with their spouse. Basically, the reason is that under Wisconsin Law such conduct can constitute domestic abuse under certain circumstances. Wisconsin,…

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Will I be arrested for possessing drugs if I’m an addict, and I call 911 on my abuser?

What happens when a drug addict calls 911 on her abuser? Criminal defense attorney Ben Van Severen regularly answers questions for individuals seeking legal help on AVVO.com.  In a recent question, one individual wanted to know what would happen to her if she, a drug addict, called police after being abused by her partner. Will…

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I was subpoenaed to appear in court. Do I need to go?

A police officer gave me a subpoena to appear in court.  Do I need to show up? Of course you do.  A subpoena is a court order that requires your appearance at a specific place at a specific date and time. There is specific language included in an official language that makes this  clear.  Subpoenas…

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I received a disorderly conduct citation. Will this appear on my record?

Disorderly conduct tickets: How do they show up on my record? Disorderly conduct is a catch-all offense.  It’s pretty simple to prove.  The exact wording of the law is straightforward: Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud other otherwise disorderly conduct under circumstances in which the…

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