Category: Criminal Trial

What’s the difference between possession, possession with intent to deliver, and manufacture/delivery of a controlled substance? Possession of a controlled substance is illegal in Wisconsin.  But what happens when you possess a lot of that substance?  What happens when you possess that substance, but it’s broken up into small bags?  Or you have a lot…

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…

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.  Our…

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. …

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…

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…

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…

It seems like every six months, the topic of expungement comes up either in the courts or the legislature.  The Supreme Court of Wisconsin just issued a decision clarifying the language in Wis. Stat. Sec. 973.015 which requires the decision on expunction to be made at the time of sentencing. Expungement Recap Section 973.015 of…

In mid-October, Milwaukee Police stepped up traffic enforcement targeting dangerous driver behavior.  The focus has been on speeding, reckless driving, and running red lights.  This heightened level of enforcement has resulted in a decrease in crime when compared with the same length of time prior to the enforcement beginning.  Some of the reductions include: A…

If you’re going out drinking to celebrate the New Year, be aware that officers will be out in full force looking for intoxicated drivers.  According to the Milwaukee Sheriff’s office, the OWI task force in Southeastern Wisconsin plans to triple their usual numbers for the holiday weekend.  Sheriff Schmidt said that the average blood alcohol…