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…

And what happens if I lie to the police? As we previously discussed, you’ve committed a crime.  It’s called obstructing an officer, and it’s punishable by up to 9 months in jail, a $10,000.00 fine, or both.  Section 946.41 of the Wisconsin Statutes prohibits obstructing an officer.  Section 946.41 reads: … whoever knowingly resists or…

There is a provision in the Wisconsin Statutes that can increase your maximum penalty for a domestic abuse related offense.  In this post, criminal defense attorney Benjamin Van Severen explains what a domestic abuse repeater is.  He’ll also explain how the DV-repeater works in concert with other repeater statutes. Domestic Abuse Repeater The DV-repeater statute…

Electric scooters now legal in Milwaukee Electric scooters are everywhere in Milwaukee.  Just take a stroll through the Third Ward and you will see dozens of riders zipping past you.  Lime.  Bird.  Spin.  What happens when a user cuts you off, swerves in front of your vehicle, or commits some other senseless act?  Surely you’ve…

And what happens if I don’t wait for the order is officially dropped? If you’re caught you could face charges.  Remember – the person that just told you she dropped the order?  She’s the same person who went through the hassle at the courthouse to obtain an order against you.  Or, she called the police. …