Tag: Public order

What is failure to withdraw from an unlawful assembly? The statute certainly isn’t very helpful with this one.  Section 947.06(3) of the Wisconsin Statutes provides the law: (3) Whoever intentionally fails or refuses to withdraw from an unlawful assembly which the person knows has been ordered to disperse is guilty of a Class A misdemeanor. But…

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What is obstructing justice? Section 946.65 of the Wisconsin Statutes prohibits obstructing justice.  The crime occurs when: (1)  Whoever for a consideration knowingly gives false information to any officer of any court with intent to influence the officer in the performance of official functions is guilty of a Class I felony. (2) “Officer of any court” includes…

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What is impersonating a peace officer, fire fighter, or other emergency personnel? Section 946.70 of the Wisconsin Statutes prohibits impersonating a peace officer. The law says: (1) (a)Except as provided in sub. (2), whoever impersonates a peace officer with intent to mislead others into believing that the person is actually a peace officer is guilty of…

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Elements of the offense: Bail jumping, like all other criminal offenses requires that the government prove parts of the offense beyond a reasonable doubt.  The “parts” are elements.  Wisconsin Jury Instruction 1795 provides the elements of bail jumping: Firstly, the defendant was arrested for or charged with a felony or misdemeanor; and Secondly, the defendant…

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What is resisting an officer? Resisting an officer obviously refers to actual physical interference.  This can be confused with obstructing an officer, which conversely refers to non-physical interference. Section 946.41(1) of the Wisconsin Statutes prohibits resisting an officer.  That section reads: “… whoever knowingly … obstructs an officer while such officer is doing any act…

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What is obstructing an officer? Section 946.41 of the Wisconsin Statutes defines this offense: “… whoever knowingly resists or obstructs an officer while such officer is doing any act in an official capacity and with lawful authority if guilty of a Class A misdemeanor.” A Class A misdemeanor is punishable by 9 months in jail,…

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Bomb scares charges?  The defense team at Van Severen Law Office have experience defending this charge at trial. Bomb scares are a crime that isn't very commonly charged in Wisconsin.  And because the crime is the lowest possible level felony, it's often reduced to misdemeanor charges during plea negotiations.  But sometimes you're looking to take...CONTINUE READING