How can someone be found not guilty by a jury of his peers and still be sent to prison?  Because he was on probation at the time he was charged with the crimes and his supervision was revoked.  Damien Payne took his felon in possession of a firearm and carrying a concealed weapon case to jury…

Wisconsin is seeing a significant increase in Len Bias homicide prosecutions in an effort to curb the delivery of opiate drugs and reduce overdose deaths.  The name Len Bias prosecutions became common parlance after the famous college basketball prospect overdosed on cocaine and died two days after he was drafted 2nd overall by the Boston Celtics…

Between April and November 2016, four people have died at the Milwaukee County Jail.  The sheriff’s office hopes that increasing the jail staff will lead to better monitoring and supervision of inmates.  The office has gone on a hiring spree recently, hiring approximately 25 corrections officers in December.  The plan is to have another group…

In a 5-2 Supreme Court ruling filed on December 28, the Wisconsin Supreme Court overturned decisions by lower courts requiring Attorney General Brad Schimel to make public two training videos he made as a state prosecutor.  The two videos in question were made for the Wisconsin Department of Justice in 2009 and 2013 when Schimel was…

A bill signed into law by Governor Scott Walker back in April is set to take effect as we ring in the New Year.  The new law affects the OWI penalties for repeat drunk drivers. OWI Penalties for 4th Offenses OWI penalties can be confusing, so let’s first look at what the current law is:…

Drug treatment court is a specialized program offered in many counties in Wisconsin.  This post will focus specifically on Milwaukee County, but many of the eligibility criteria are the same in neighboring counties. Purpose of Drug Treatment Court The mission statement of the drug treatment court program focuses on “enhancing public safety through the reduction…

There is a little known statute in Wisconsin that provides immunity from prosecution to drug users.  Known as a “Good Samaritan” law, the statute states that a person who summons emergency aid for an individual who has overdosed cannot be prosecuted for possession of a controlled substance or drug paraphernalia.  However, a recent court of appeals…

What happens when you are assigned a judge and you want someone else?  The Wisconsin Statutes provide a right to substitute on your judge, and although you don’t get to “pick” your new judge, filing a substitution request can make a big difference in your case. The Right to Substitution The right to substitute on your judge is…

What does it mean when you look at your criminal complaint and you see “repeater” listed after the charge?  What charges are affected by the repeater enhancer?  And what is a persistent repeater?  This post will examine the standard repeater statute, how DA’s will use the repeater enhancer against you, and how being labeled a…

A common question we receive is whether it is legal to openly carry a firearm or other weapon in Wisconsin.  The answer, in general, is yes.  There is no “law” permitting open carry in Wisconsin.  Rather, it is presumed legal but subject to numerous restrictions.  The opposite of open carry is carrying concealed.  Wisconsin statute 941.23…