Category: Criminal Trial

Wisconsin is seeing a significant increase in Len Bias homicide prosecutions in an effort to curb the delivery of opiate drugs and reduce overdose deaths.  The name Len Bias prosecutions became common parlance after the famous college basketball prospect overdosed on cocaine and died two days after he was drafted 2nd overall by the Boston Celtics…

A bill signed into law by Governor Scott Walker back in April is set to take effect as we ring in the New Year.  The new law affects the OWI penalties for repeat drunk drivers. OWI Penalties for 4th Offenses OWI penalties can be confusing, so let’s first look at what the current law is:…

Drug treatment court is a specialized program offered in many counties in Wisconsin.  This post will focus specifically on Milwaukee County, but many of the eligibility criteria are the same in neighboring counties. Purpose of Drug Treatment Court The mission statement of the drug treatment court program focuses on “enhancing public safety through the reduction…

There is a little known statute in Wisconsin that provides immunity from prosecution to drug users.  Known as a “Good Samaritan” law, the statute states that a person who summons emergency aid for an individual who has overdosed cannot be prosecuted for possession of a controlled substance or drug paraphernalia.  However, a recent court of appeals…

What happens when you are assigned a judge and you want someone else?  The Wisconsin Statutes provide a right to substitute on your judge, and although you don’t get to “pick” your new judge, filing a substitution request can make a big difference in your case. The Right to Substitution The right to substitute on your judge is…

What does it mean when you look at your criminal complaint and you see “repeater” listed after the charge?  What charges are affected by the repeater enhancer?  And what is a persistent repeater?  This post will examine the standard repeater statute, how DA’s will use the repeater enhancer against you, and how being labeled a…

A common question we receive is whether it is legal to openly carry a firearm or other weapon in Wisconsin.  The answer, in general, is yes.  There is no “law” permitting open carry in Wisconsin.  Rather, it is presumed legal but subject to numerous restrictions.  The opposite of open carry is carrying concealed.  Wisconsin statute 941.23…

Stand Your Ground – The Law Wisconsin does not have a stand your ground law.  In states that do have stand your ground laws, the right to stand your ground generally applies outside of your home, vehicle, and business.  In those states, an individual can generally use deadly force without a duty to retreat.  This…

In a decision that affects criminal defendants throughout the country, the United States Supreme Court has ruled that an illegal stop of a person becomes acceptable if an officer discovers the driver has an outstanding warrant.  The Court further ruled that any illegal contraband discovered as a result of the arrest on the warrant is admissible…

One of the most frustrating things for clients and their families is the fact that we cannot guarantee specific results: we can’t guarantee that charges won’t be brought, a not guilty verdict, or a light sentence.  Understandably, many new clients would like some form of a guarantee before retaining a lawyer’s services.  But when it…