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…

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…

State v. Johnny K. Pinder: whether a warrant to attach a GPS device to a vehicle was void for failure to abide by statutory requirements On November 16, 2018 the Supreme Court of Wisconsin issued an interesting decision regarding GPS devices.  In State v. Johnny K. Pinder, 2018 WI 106, the Court confronted the issue of…

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…