History of Marsy’s Law Marsy Nicholas was the sister of Henry Nicholas, the co-founder and former co-chairman of the board, president and chief executive officer of Broadcom Corporation. In 1983, Marsy, then a senior at UC Santa Barbara, was stalked and murdered by her ex-boyfriend.  Kerry Michael Conley went to jury trial in the matter.  Eventually he lost…

Can police use informants? Police can use confidential informants, and have been using them for decades.  The law ebbs and flows regarding disclosure of the identity of confidential informants, but that’s really the only issue we regularly encounter in the law. A confidential informant is a secret source who, through a contact law enforcement officer,…

Obtaining a prescription medication by fraud Various parts of Section 450.11(7) of the Wisconsin Statutes deals with obtaining a prescription drug using fraud.  While this blog post deals with the common situation involving exchanging prescription medication between family and friends, that situation could easily evolve into one involving trying to obtain a prescription using fraud. …

A felony conviction impacts your voting rights.  Our criminal defense attorneys explain how this happens: Voting rights vary throughout the United States.  In some states, a felony conviction renders you ineligible to vote for the rest of your life.  While this is certainly voter manipulation, thankfully Wisconsin felons maintain their eligibility to vote.  This blog…

Fourth Amendment searches Searches are one of the ways criminal cases involve the 4th Amendment. Initially, 4th Amendment case law revolved around a citizen’s property rights.  A citizen’s property rights become involved when the government physically intruded on “houses, papers, or effects” for the purpose of finding information (a search).  Early 4th cases focused on…

Wis. Stat. sec. 939.62 – increased penalty for habitual criminality Section 939.62 of the Wisconsin Statutes deals with increased penalties for habitual criminals.  But subsection (2m) deals with Wisconsin’s three strikes law. Section 939.62(2m)(a) describes the charges that fall under Wisconsin’s three strikes law: Sexual assault of a child, engaging in repeated acts of sexual…

Grand Jury The Fifth Amendment says “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger…”…

Potential state charge: forgery Firstly, state prosecutors could start off with forgery charges.  Forgery is a Class A misdemeanor, meaning the maximum penalty is 9 months jail, $10,000.00 in fines, or both.  A Class A misdemeanor is only a misdemeanor, but it’s the most serious one.  9 months in jail is certainly a long time,…

The most likely charge: disorderly conduct Disorderly conduct is a Class B misdemeanor in Wisconsin.  That means the charge carries a maximum penalty of 90 days in jail, a $1,000.00 fine, or both.  Even though this is a lower-level charge, it’s still serious.  And a conviction for it will remain with you for the rest…