Is the crime of battery a misdemeanor or felony?

Most people think of assault and battery as the same crime, but the two ideas are different. Assault is a threat which creates apprehension of harm, while battery is the actual physical act that does harm someone. Under Wisconsin law, battery is an intentional act of causing injury to another person. Whether battery is considered […]

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Domestic violence reports have serious consequences

Laws passed in 2014 have changed the consequences for domestic violence, even when no arrest is made. “Domestic violence is defined as intentional infliction of physical pain, injury or illness or an act that may cause another person to fear imminent danger of those things.” Under the Wisconsin statute 968.075, a law enforcement officer shall […]

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When can a Miranda rights waiver be found unconstitutional?

When the police investigate crimes, they often depend on information provided by suspects and witnesses to begin to form their conclusions about how the crime progressed and exactly who was involved when. This process has its flaws, though, and one of them is that during the early investigative stages, it is easy for witnesses to […]

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4 factors that may influence eyewitness testimony

Police, prosecutors and juries often rely on eyewitness testimony to determine what really happened at the scene of a crime. While this may seem like a concrete way to get a conviction, eyewitness testimony isn’t rock solid and can be affected by several factors. When you are the accused in a court case, it’s vital […]

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What Can You Learn From “Making a Murderer?”

Because of the new documentary “Making a Murderer,” Wisconsin currently sits in the national legal spotlight. Other than making for high-ratings, though, can this documentary offer any concrete lessons for the average Wisconsinite? One of the key points of the documentary involves the legal representation had by the defendant in this case. The family finally […]

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Does Telling The Police You Want An Attorney Always Work?

Once you ask for an attorney during a police interrogation, you’re safe, right? Not necessarily. Here in Wisconsin, our state’s supreme court stated that you can indeed waive your right to counsel even if you, at first, ask for a lawyer. In the case of State of Wisconsin v. David W. Stevens, the defendant had […]

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Can I Just Represent Myself In My Criminal Defense Matter?

Yes, you can.  You can also set your bone yourself if you break your arm. What does that mean?  It means that you can indeed represent yourself, but you should understand that certain consequences can come with representing yourself. What are some of these consequences? When you represent yourself, you are attempting to navigate dangerous […]

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Can The Police Make Me Take A DNA Swab Test?

Yes. They can. Under certain conditions, recent changes in Wisconsin law mean you can be swabbed for DNA without having been convicted of a crime. In fact, even if you are merely arrested, a police officer can submit you to an invasive swab test. When Can You Be Swabbed For DNA? Previously, you were only […]

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Criminal Defense: If It’s Good Enough For The Rich & Famous . . .

Even the famous need a lawyer. Continuing the string of high-profile football players needing criminal defense representation, Packers tight end Andrew Quarless has now been charged with a misdemeanor for discharging a firearm in public. He joins De’Andre Johnson (misdemeanor battery charges for punching a woman in the face) as the most recent football players […]

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Computer virus extorts money over fake allegations of child porn

We have previously written that sex crimes are among the most severely punished and publicly reviled criminal offenses, especially sex crimes against children. Therefore, it should go without saying that if the FBI or some other law enforcement agency detected evidence of online activity related to child pornography, you would be facing much stricter penalties […]

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