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…

In mid-October, Milwaukee Police stepped up traffic enforcement targeting dangerous driver behavior.  The focus has been on speeding, reckless driving, and running red lights.  This heightened level of enforcement has resulted in a decrease in crime when compared with the same length of time prior to the enforcement beginning.  Some of the reductions include: A…

If you’re going out drinking to celebrate the New Year, be aware that officers will be out in full force looking for intoxicated drivers.  According to the Milwaukee Sheriff’s office, the OWI task force in Southeastern Wisconsin plans to triple their usual numbers for the holiday weekend.  Sheriff Schmidt said that the average blood alcohol…

How close are Wisconsinites to carrying without a permit? A new bill passed the Wisconsin State Senate Judiciary Committee on 3-2 party line vote earlier this month. That approval cleared the way for the full Senate to consider the bill sometime next month. The bill would allow individuals to lawfully carry a concealed firearm without…

Witness intimidation growing issue in Milwaukee If you read the news in Milwaukee, you’ve seen the countless stories over the past few years regarding the growing problem of witness intimidation.  Those stories have focused mainly on defendants who have tried to kill witnesses in their cases.  And although killing a witness is a rare event,…

At what point would our criminal defense attorneys challenge an illegal statement? Let’s assume that you provide a statement to police and we have some reason to challenge that statement.  For example, let’s assume the police failed to read your Miranda rights prior to an in-custody interrogation.  At which point in the criminal process do…