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Category: Misdemeanors

What happens if I’m caught lying to the police?

And what happens if I lie to the police? As we previously discussed, you’ve committed a crime.  It’s called obstructing an officer, and it’s punishable by up to 9 months in jail, a $10,000.00 fine, or both.  Section 946.41 of the Wisconsin Statutes prohibits obstructing an officer.  Section 946.41 reads: … whoever knowingly resists or…

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Domestic Abuse Repeater Statute Explained

There is a provision in the Wisconsin Statutes that can increase your maximum penalty for a domestic abuse related offense.  In this post, criminal defense attorney Benjamin Van Severen explains what a domestic abuse repeater is.  He’ll also explain how the DV-repeater works in concert with other repeater statutes. Domestic Abuse Repeater The DV-repeater statute…

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She dropped the restraining order. Why am I being charged?

And what happens if I don’t wait for the order is officially dropped? If you’re caught you could face charges.  Remember – the person that just told you she dropped the order?  She’s the same person who went through the hassle at the courthouse to obtain an order against you.  Or, she called the police. …

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What’s the impact of an OWI on my CDL?

What are the penalties? The State of Wisconsin determined that individuals with commercial driver licenses must abide by stricter safety standards.  Importantly, CDLs are required to operate vehicles over 26,000 pounds, vehicles carrying hazardous materials, and vehicles that transport more than 16 passengers.  Certainly, truck drivers, bus drivers, and other professional large vehicle operators all…

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Boating under the influence

There’s an injury.  What now? Section 30.681(2) of the Wisconsin Statutes prohibits causing injury while under the influence of an intoxicant: No person while under the influence of an intoxicant to a degree which renders him or her incapable of safe motorboat operation may cause injury to another person by the operation of a motorboat….

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Is catfishing illegal in Wisconsin?

Catfishing - is it legal?  What's the state of the law? Catfishing describes deceptive conduct used by individuals to form relationships with other people online.  Frequently, the perpetrator lures the victim into a relationship by means of a fictional online persona.  Catfishing frequently describes online dating situations.  But it can cover plenty of other virtual...CONTINUE READING

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

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

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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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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