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. …

Swatting happens in Wisconsin. In July 2019 police responded to a Madison condo for a swatting call.  Law enforcement was advised that a woman had barricaded herself inside the condo with a gun.  The caller claimed to be the mother of the swatting victim.  Thankfully, police de-escalated the situation when the actual condo-owner arrived home. …

What are the penalties? The State of Wisconsin determined that individuals with commercial driver licenses must abide by stricter safety standards.  Importantly, CDLs are required to operate vehicles over 26,000 pounds, vehicles carrying hazardous materials, and vehicles that transport more than 16 passengers.  Certainly, truck drivers, bus drivers, and other professional large vehicle operators all…

There’s an injury.  What now? Section 30.681(2) of the Wisconsin Statutes prohibits causing injury while under the influence of an intoxicant: No person while under the influence of an intoxicant to a degree which renders him or her incapable of safe motorboat operation may cause injury to another person by the operation of a motorboat….