What is adequate provocation? Firstly, a very simple, straightforward statute defines adequate provocation.  Specifically, Wis. Stat. sec. 939.44 begins by defining “adequate” and “provocation.” “Adequate” means sufficient to cause complete lack of self-control in an ordinarily constituted person. “Provocation” means something which the defendant reasonably believes the intended victim has done which causes the defendant…

What does it mean when you look at your criminal complaint and you see “repeater” listed after the charge?  What charges are affected by the repeater enhancer?  And what is a persistent repeater?  This post will examine the standard repeater statute, how DA’s will use the repeater enhancer against you, and how being labeled a…

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…

Our criminal defense attorneys describe Stringray devices: The use of a cell site simulator, or Stingray, continues to crop up in headlines across the country.  Courts regularly address various concerns regarding the Stingray device, specifically when examining Fourth Amendment issues.   Should law enforcement obtain a warrant before using a Stingray?  How intrusive is the device? …