Jury Trial

Jury trials in Wisconsin If you don’t settle your case through plea negotiations you have the right to a jury trial. Jury trials are procedures in which the defendant and the government argue to a pool of individuals about whether the defendant committed a crime.  That pool of individuals is the jury.  Importantly, Wisconsin law…

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Can I receive an OWI while snowmobiling?

What is the law for OWI while snowmobiling? Section 346.63(1)(a) of the Wisconsin Statutes governs operating a motor vehicle while under the influence of an intoxicant.  The law says: 346.63  Operating under influence of intoxicant or other drug. (1)  No person may drive or operate a motor vehicle while: (a) Under the influence of an intoxicant, a…

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Drug crime defense

Are you a student?  And are you receiving federal financial aid? Successfully defending drug cases is of special importance to students receiving federal student aid.  Those students face a potential loss of student aid if convicted of certain drug offenses.  If you’ve already been convicted of drug crime and have lost eligibility for financial aid,…

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Sexual gratification in public – Wis. Stat. 944.17(2)

Section 944.17 of the Wisconsin Statutes – Sexual Gratification in Public Section 944.17 of the Wisconsin Statutes prohibits sexual gratification in public.  The law says: (1) In this section, “in public” means in a place where or in a manner such that the person knows or has reason to know that his or her conduct is…

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Is it safe for me to go hunting while intoxicated? Can I be arrested?

Endangering safety by use of a dangerous weapon: operating or going armed with a firearm while under the influence of an intoxicant – Wis. Stat. 941.20(1)(b) Also called endangering safety by use of a dangerous weapon, section 941.20(1)(b) of the Wisconsin Statutes prohibits using or going armed with a firearm while under the influence of…

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Criminal Slander of Title Defense – Wis. Stat. 943.60

Section 943.60 of the Wisconsin Statutes – Criminal slander of title Section 943.60 of the Wisconsin Statutes defines criminal slander of title.  The law says: (1) Any person who submits for filing, entering or recording any lien, claim of lien, lis pendens, writ of attachment, financing statement or any other instrument relating to a security…

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Substantial battery defense

Domestic violence Frequently we encounter substantial battery charges that occur after a domestic violence incident. While we recognize that substantial battery is already a felony (and therefore carries significant collateral consequences), a DV conviction results in additional penalties because of their status alone.  For misdemeanor charges, a DV conviction adds a lifetime ban on the defendant’s…

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What is an ignition interlock device (IID) and when am I required to install one?

What is an ignition interlock device? An ignition interlock device is a cell phone sized device that is wired to your vehicle’s ignition.  After installation, an IID requires you to provide breath samples before starting a vehicle, and sometimes while a vehicle is operational.  If the device detects alcohol in the breath sample, the engine…

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Uttering a forgery defense – Wis. Stat. 943.38(2)

Section 943.38(2) of the Wisconsin Statutes Section 943.38(1) focuses on creating forgeries.  Relevant to this article, section 943.38(2) of the Wisconsin Statutes focuses on uttering a forgery.  The law says: (2) Whoever utters as genuine or possesses with intent to utter as false or as genuine any forged writing or object mentioned in sub. (1), knowing it…

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Causing injury while OWI defense – Wis. Stat. 346.62(2)(a)

Section 346.63(2)(a) of the Wisconsin Statutes Section 346.63(2)(a) of the Wisconsin statutes provides us the definition of this crime.  The law indicates: (a) It is unlawful for any person to cause injury to another person by the operation of a vehicle while: 1. Under the influence of an intoxicant, a controlled substance, a controlled substance analog or…

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