Mandatory minimum sentencing laws have resulted in inflexible prison terms for people convicted of certain federal and state crimes. Originally designed to take a bite out of crime, the laws have served to undermine justice by preventing judges from fitting the punishment to the individual and the circumstances of their offenses. Most mandatory minimum sentences… Read More »
Wisconsin False Imprisonment Charges
False imprisonment involves intentionally restricting another person’s freedom of movement. When it is viewed as a civil cause of action aka intentional tort, false imprisonment is commonly defined as the ‘unlawful restraint of another…against their will…without legal justification’. The first element of false imprisonment, unlawful restraint of another, looks at whether force was used to… Read More »
Waterboarding Girlfriend Lands Man in Jail
Just when you thought you’ve heard and seen it all…a Wisconsin man has been charged with waterboarding his girlfriend in order to force a confession about cheating with another man. The 22-year-old is facing six felony charges and 3 misdemeanors. Domestic abuse is defined as engaging in intentional infliction of physical pain, injury, or illness;… Read More »
Police Find Drugs Without a Warrant - Is it an Illegal Search?
Typically police cannot search places where you have a reasonable expectation of privacy unless they have a warrant. However, there are exceptions that apply such as when the evidence is in plain view, the search occurs as part of a lawful arrest, the person consents to be searched, or the police are in “hot pursuit.”… Read More »
Retail Employees Nabbed for Identity Theft and Larceny
Identity theft and identity fraud are terms used to refer to all types of crime in which someone wrongfully obtains and uses another person’s personal data in some way that involves fraud or deception, typically for economic gain. Because the crime is gaining more attention in the media, consumers are increasingly concerned about their personal… Read More »
Steven Avery Documentary Raises Questions Among Viewers
A recently released Netflix documentary, Making a Murderer, chronicling the events surrounding the murder convictions of Steven Avery and Brendan Dassey, has sparked outrage across the nation and internationally in response to what is depicted as corrupt, unethical or inept actions taken by law enforcement, prosecutors and the Wisconsin Department of Justice. Many viewers have… Read More »
Wisconsin Temporary Restraining Orders for Domestic Abuse
If you are subject to a Wisconsin restraining order, the court may have ordered you not hurt someone, to stay away from that person or persons, move out of the house, have no contact with a person/s and to cease harassment of the same. Domestic violence or abuse is often grounds for granting a restraining… Read More »
Wisconsin Child Pornography Laws Evolving
Child pornography laws make it illegal to depict children under the age of 18 engaged in sexually explicit conduct. Child pornography is often viewed as a chain of violations including those who create and distribute sexually explicit images to those who view, store, or email inappropriate images. While some photos, films, videotapes and electronic data… Read More »
Wisconsin Identity Theft Lawyer
Identity theft is on the rise and, unfortunately, many underestimate how serious the consequences can be if they get tangled up in wrongfully obtaining another’s private information. It is a crime that is typically committed for economic gain that can result in penalties such as fines, criminal forfeiture and significant stretches of imprisonment. Information can… Read More »
Probable Cause in a Wisconsin Search and Seizure of Evidence
Police officers and agents of the government must have probable cause in order to carry out searchers, seizures of evidence, and arrest. The same goes for obtaining search and arrest warrants. Probable cause serves as a legal safeguard to ensure that law enforcement officers interfere with an individual’s Fourth Amendment rights only under limited circumstances, and… Read More »