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…

We all know what the 4th amendment says:  “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and…

In a lengthy decision, Eastern District of Wisconsin Federal Magistrate Judge William Duffin has overturned Brendan Dassey’s 2007 murder conviction of Teresa Halbach.  Dassey gained national attention through the Netflix “Making a Murderer” series.  The series chronicled Dassey’s uncle, Steven Avery, and his ultimate conviction in the murder of Halbach.  Dassey was also convicted of…

If you’ve been pulled over for an OWI offense in Wisconsin, you may be required to install an IID, or ignition interlock device, on your vehicle.  This post explores the law, how it applies to you, and how you can get an exemption. The IID Law There are three scenarios where a person convicted of…

The use of a cell site simulator, or Stingray, continues to crop up in headlines across the country.  Courts are now getting involved in addressing 4th amendment concerns, such as the device’s use without a warrant and how invasive the technology really is.  This post looks at phone tracking in general, how the Stingray operates, and…

This post explores the similarities, differences, and legal interpretations of Castle Doctrine and Stand Your Ground in the State of Wisconsin. Castle Doctrine – The Law The castle doctrine and stand your ground defenses are subsets of the broader heading of self-defense.  In Wisconsin, however, only the castle doctrine is specifically codified in statute.  The…

In a decision that affects criminal defendants throughout the country, the United States Supreme Court has ruled that an illegal stop of a person becomes acceptable if an officer discovers the driver has an outstanding warrant.  The Court further ruled that any illegal contraband discovered as a result of the arrest on the warrant is admissible…

One of the most frustrating things for clients and their families is the fact that we cannot guarantee specific results: we can’t guarantee that charges won’t be brought, a not guilty verdict, or a light sentence.  Understandably, many new clients would like some form of a guarantee before retaining a lawyer’s services.  But when it…

We are starting to see the effects of a bill signed into law back in November 2015 which created mandatory minimum sentences for certain firearms offenses, including possession of a firearm by a felon.  This post will describe the new law and explore the consequences you face if charged and convicted under the new sentencing…

A new law signed into effect by Governor Scott Walker on March 30 might soon get put to use.  The law, which essentially expands the breadth of the current bomb scares law, is titled “Terrorist Threats” and is codified in § 947.019 of the Wisconsin Statutes.  The statute states that whoever threatens to cause death…