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Waukesha Criminal Defense Law Blog

Social media post led to the arrest of a 19-year-old felon in VA

There is no question that social media has a significant influence on the lives of millions of Americans, including Wisconsin residents. In fact, a study performed by the Pew Research Project found that as of January 2014, 89 percent of Americans between the ages of 18 and 29 years old use social networking sites on a regular basis. Young people can update their status and share pictures with a captive audience from around the world. Law enforcement agencies across the country have found that searching a suspect’s Facebook page may yield crucial information, which may be used in a juvenile crime court case.

In Virginia, it is illegal for a convicted felon to possess ammunition and firearms. However, one Virginia teenager posted an image of himself on Facebook that resulted in law enforcement officers knocking on his door. The picture showed the young, 19-year-old boy holding a 30-round magazine in each hand. One of the magazines clearly contains a bullet.

Wisconsin one of 12 states that criminalizes revenge porn

It is fairly common in the United States for couples to share intimate secrets, photographs and videos with one another during a relationship. However, when and if the relationship should come to an emotional end, those pictures and videos may become publicized on the internet. It is called revenge porn and it is illegal in Wisconsin and several other states. People who release intimate pictures over the internet as a way to gain revenge over another person after a breakup may find themselves facing charges of nonconsensual posting of pornography.

In this age of social media and advanced internet technology, it has become more and more common to find pornographic images and videos posted online with the intent to embarrass and hurt another person. Several websites have taken advantage of this phenomenon and cater specifically to those wishing to post these images and videos.

Phoenix Suns player vows to change his life after receiving DUI

Many people in America enjoy gathering to watch their favorite sports team. Whether it is basketball, football, baseball or soccer, many Wisconsin residents idolize these amazing athletes and look up to them as significant role models. Although some athletes may gain media attention for being involved in a negative situation, the story may become an important learning experience for both the athlete and their fans.

One such basketball player for the Phoenix Suns was recently pulled over for driving under the influence of alcohol. Despite the DUI charges, the president of the Phoenix Suns resigned the star player for a contract that will pay out $16 million over the next three years. He released a statement saying that the organization supports and accepts the player’s decision to make the changes necessary to better his life.

Understanding Wisconsin's DUI policies

Although some Wisconsin residents may feel perfectly capable of driving after having one or two alcoholic beverages with dinner, they may face certain penalties if charged with drunk driving. In Wisconsin, motorists who drive with a blood alcohol content level of 0.08 percent or above are considered intoxicated and can be arrested for a DUI, as reported by the Wisconsin Department of Transportation.

According to the Wisconsin State Bar, Wisconsin is the only state that does not criminalize a person’s first DUI offense. In 2009, the state made changes to their impaired driving legislation, which led to stricter consequences for repeat DUI offenders. Some of these changes include:

Drug distributors may face criminal homicide charges in Wisconsin

The gripping power of drug addiction has the ability to transform lives. Not only do illicit drugs ruin the lives of those who become dependent on their effects, they can also destroy the lives of those who choose to sell the substances to others. It is no surprise that distributing illegal drugs is against the law; however, in Wisconsin, a drug distributer who sells an addict their lethal dose of drugs may find themselves facing drug-related homicide charges.

Waukesha County led the state in the number of heroin-related homicide charges issued to drug distributers between 2010 and 2013. During this time, approximately 26 charges were filed in the county. There were a total of 40 heroin deaths in Waukesha County within that 3-year span. In 2013, 21 people were convicted of heroin-related homicide statewide.

Green Bay teens linked to a string of auto break-ins and thefts

Although teenagers are on their way to becoming responsible young adults, many of them are still in the process of learning that there can be severe consequences to some seemingly harmless acts. Experts agree that the developing teenage brain may make it hard for some adolescents to control impulsive behavior. Some believe that environmental stimuli, such as peer pressure and presence of parental guidance, also play a role in a Wisconsin teenager’s choice to commit juvenile crimes.

Several teenagers who officers believe are responsible for committing a string of auto break-ins across Green Bay, Outagamie County and Hobart, were apprehended after stealing a truck from an Ashwaubenon man.

13-year-old Madison daycare volunteer accused of sexual abuse

It is hard to understand why anyone would harm a baby or child. It is especially concerning when a young teenager is responsible for committing a sex crime. Some Wisconsin residents believe it may be tied to their upbringing, as young children and teenagers are often a product of their environment. Leading research shows that children who have been physically, emotionally or sexually abused, have a greater tendency to display abusive behavior as well.

Parents of children who attend Red Caboose Daycare Center in Madison were recently informed that the center may be closing soon due to the findings of an investigation involving sexual abuse. A 13-year-old volunteer was said to have sexually abused a 2-year-old child who attended the daycare. Evidence of sexual abuse was found by the Dane County Department of Human Services.

WI man issued concealed weapon permit despite domestic violence charge

Countless studies show that domestic violence offenders who possess a firearm are likely to use it during a heated dispute. Federal law prohibits anyone who has been convicted of a misdemeanor domestic violence offense or who has a restraining order against them from possessing a gun. This law specifies that using any type of physical force against another person in a domestic relationship is an act of violence. In addition to the federal law, Wisconsin has its own state laws regarding domestic violence.

A man bearing a single misdemeanor charge of disorderly conduct may be issued a concealed weapon license in Wisconsin after a yearlong court battle. Court records show that the man had no previous criminal record and was not required to participate in domestic violence counseling after being convicted of the crime in 1995.

BAC retrograde calculation in DUI conviction is 'inherently unreliable'

Many Wisconsin residents enjoy having a few drinks with dinner or when going out for the evening. While some people may feel extremely intoxicated after having a few drinks, others may be somewhat more tolerant to alcohol. Each person is unique in their ability to process and eliminate alcohol from the body. Factors, including age, body mass index and the amount of food the person has consumed, also play a large role in determining the amount of time it takes for the alcohol to move through a person’s system. Anyone who chooses to drive after drinking, however, may face DUI charges in Wisconsin.

An Illinois woman argued that the individual variances in a person’s ability to handle alcohol created reasonable doubt as to whether she was legally intoxicated while driving. This happened after an incident at a local aquatic center in 2011. At that time, the woman was arrested and charged with a DUI. Although the Breathalyzer test indicated that her blood alcohol concentration level was 0.069 percent an hour after the incident occurred, the prosecution attempted to prove that her BAC was over the state’s legal limit of 0.08 percent at the time of her arrest. A jury found her guilty of the charge in 2012.

Man with cancer faces felony charges for medicating with marijuana

While some states have enacted legislation to legalize marijuana use for certain medical conditions, other states still consider the drug illegal. Currently, 23 states along with Washington D.C. have legalized the plant for the medical treatment of certain diseases. Earlier this year, Wisconsin and Iowa, along with a small list of other states, approved a bill allowing limited legal marijuana use for small children who suffer from seizures. People who are using cannabis to treat other medical conditions, however, may face drug charges for illegal possession of the drug.

A recent case has caused a national outcry as an Iowa man suffering from cancer may spend up to three years in prison for possession of marijuana. The man was using the substance as an alternative to undergoing chemotherapy treatment for his angiosarcoma. Since Iowa law does not allow medical marijuana use for cancer patients, the man faces felony charges.

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