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,…

What happens when a drug addict calls 911 on her abuser? Criminal defense attorney Ben Van Severen regularly answers questions for individuals seeking legal help on AVVO.com.  In a recent question, one individual wanted to know what would happen to her if she, a drug addict, called police after being abused by her partner. Will…

A police officer gave me a subpoena to appear in court.  Do I need to show up? Of course you do.  A subpoena is a court order that requires your appearance at a specific place at a specific date and time. There is specific language included in an official language that makes this  clear.  Subpoenas…

When will my sentencing after revocation be scheduled? This is a common question asked by individuals who have been revoked from probation or extended supervision.  Your probation officer alleged that you violated rules of supervision.  You went to a hearing, and the administrative law judge found that the allegations against you were appropriate for revocation. …

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. …