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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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Is swatting a crime in Wisconsin?

Swatting happens in Wisconsin. In July 2019 police responded to a Madison condo for a swatting call.  Law enforcement was advised that a woman had barricaded herself inside the condo with a gun.  The caller claimed to be the mother of the swatting victim.  Thankfully, police de-escalated the situation when the actual condo-owner arrived home. …

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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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Use of a Computer to Facilitate a Child Sex Crime

How serious is using a computer to facilitate sex with a child? As technology evolves, communication more-frequently occurs electronically. Technology has made it easier and faster than ever to communicate with one another.  Adults frequently use this technology for dating and sexual encounters.  However, with this technology comes the use for more criminal means.  Criminals...CONTINUE READING

Boating under the influence

What happens when someone gets hurt? 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…

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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

What is a drug recognition expert (DRE)?

And how do they impact my OWI case? Operating while intoxicated is a crime in Wisconsin.  If you're accused of OWI, the government alleged you were operating a vehicle while intoxicated.  While most OWI cases involve drunk driving, this blog post focuses on drug recognition experts and drugged driving cases.  How does an officer qualify...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

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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