Drunk driving homicide penalties change A new law was enacted in Wisconsin that changes the sentencing structure for drunk driving homicides.  Signed into law by Governor Tony Evers on November 20, 2019, the bill created a presumptive minimum penalty for all drunk driving homicides.  This post will explain the new law, how it changes the…

Burglary vs. robbery explained. This is a question frequently asked of our criminal defense attorneys in Milwaukee, WI.  What’s the difference between burglary and robbery?  Frequently people use the terms interchangeably.  Unfortunately, they’re not the same. One of our top criminal defense attorneys explains burglary vs. robbery in this blog post.  If you are charged…

Court of appeals Anderson challenged the search at the trial court level and lost the argument. The Court of Appeals affirmed the trial court decision.  That court found that “Seeger had sufficient basis to believe that Anderson was subject to Act 79.”  Further supporting that decision, the court found “Seeger was familiar with Anderson, having…

Did you know that if a police officer detects the smell of marijuana in your car during a traffic stop, he can search your car?  So long as marijuana remains illegal in Wisconsin, police can search your car based on the smell alone.  This post looks at car searches based on the smell of marijuana….

What is vaping? Vaping a legal substance certainly isn’t a crime.  Further, many proponents of vaping indicate that it’s relatively safe. According to the Center on Addiction: Vaping is the act of inhaling and exhaling the aerosol, often referred to as vapor, which is produced by an e-cigarette or similar device. The term is used…

Operating a vehicle without owner’s consent: the charge for stealing a car in Wisconsin Section 943.23(2) of the Wisconsin Statutes prohibits operating a vehicle without owner’s consent: “…Whoever intentionally takes and drivers any vehicle without the consent of the owner is guilty of the following:” a first offense a Class H felony.  A second or…

Passenger in stolen vehicle: criminal liability? Will you get in trouble if you’re a passenger in a stolen vehicle?  In short: maybe.  If you get caught, you’re certainly exposed to criminal liability.  Riding as a passenger in a stolen vehicle is a crime in Wisconsin. The criminal defense attorneys at Van Severen Law Office defend…

In Wisconsin, judges are often not required to sentence defendants to a minimum term of incarceration.  However, there are a few select groups of crimes where the legislature has created mandatory minimum sentences.  The three main groups are operating while intoxicated offenses, firearm offenses, and sex offenses. Mandatory Minimum Penalties for OWI The legislature decided…

The 72-hour no contact order. The 72-hour no contact order only applies to domestic abuse cases.  And particularly, it only applies when officers arrest the defendant. The order requires the arrested person to avoid the residence of the victim and any premises temporarily occupied by the alleged victim.  The order also certainly requires the arrested…