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Waukesha Criminal Defense Law Blog

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.

False rape accusations can wreak havoc on people’s lives

Although there are two sides to every story, when someone claims to have been raped or sexually assaulted, it may be difficult to disprove those allegations. There have multiple legal cases throughout the years involving Wisconsin men and women who have falsely accused another person of a sex crime, simply to seek revenge or inflict punishment on someone. Not only do these accusations hurt the life and reputation of the innocent person who is accused of a crime, but it can create disbelief in subsequent outcries of rape in the future.

Such a situation occurred in Washington when a reputable program manager for Microsoft was falsely accused of rape. A woman who worked in the same building as the man was thought to be seeking worker’s compensation funds for trauma she stated came from the rape incident. The woman claimed that the man took advantage of her as she was cleaning his office. The man’s story indicated that the woman explicitly asked for a sexual confrontation and that the act was consensual. He was then charged with second-degree rape and spent one day in jail before posting bail.

Teen said to endanger juvenile inmates held in solitary confinement

The teenage brain is often considered a mystery. Multiple studies prove that while the brain is continually developing throughout adolescence and into young adulthood, some areas of the brain are quicker to develop than others. Teenagers who fall victim to abuse while growing up have extended complications involving neurological development. Babies and children who are loved and nurtured tend to develop strong emotional and empathetic neurological pathways, while abused children develop a lack of empathy to help them cope with their negative surroundings. Wisconsin psychologists acknowledge that the extent of this brain damage varies depending on the type of abuse inflicted and the duration of the abuse. Abused individuals have an increased risk of committing juvenile crimes.

A young man who had been abused by his father committed a brutal crime and has been moved to a secluded cell in an adult prison for holding. Officials fear that he poses a significant threat to other juveniles in the facility where he was being held. Although he was originally sent to the juvenile facility because the detention center better met his needs, the judge ordered him to solitary confinement in the adult jail. The 14-year-old’s guardian and public defender are fighting to keep him at the detention center.

Case involving vehicular manslaughter while intoxicated lacks evidence

When police officers detain someone on suspicion of driving under the influence of alcohol, they often administer a Breathalyzer test or field sobriety test to the suspect on site. These tests help Wisconsin officers determine whether or not the suspect is driving with a blood alcohol concentration that is over the legal limit. If the proper protocol is not followed, or if the officers do not find enough evidence to hold the driver on DUI charges, they are often forced to let them go. When the DUI crime involves the death of another driver, evidence becomes even more crucial in the case.

In California, a teen accused of driving while under the influence of drugs is being detained on charges of gross vehicular manslaughter while intoxicated, although there is virtually no evidence shown to link him with a DUI. Some are wondering if the unfortunate accident was purely a vehicle accident or involved the negligence of another driver. The man’s bail stands at $130,000 until his court date later this month.

Evansville man robs pharmacy while out on bail for armed robbery

There is no question that abusive drug use has a substantial impact on many people’s lives. Countless studies have found that drug addiction is indeed a disease, and can dramatically alter normal brain functioning. In the United States, prescription drug abuse outnumbers abuse of illegal drugs, such as cocaine, heroin and meth. While some addicts obtain prescriptions from legal professionals to feed their compulsive habits, others consort to theft as a way to obtain prescription drugs.

An Evansville man, who was released on bail for multiple armed robbery charges, was caught after robbing a Health Mart pharmacy in Mount Horeb. An employee witnessed the robbery and followed the suspect, who was running to his bike. The employee detained the suspect until Mount Horeb police arrived on the scene. As the man fought with the police officer, he tried desperately to swallow the prescription narcotics that he had stolen from the pharmacy.

18-year-old Mukwonago linebacker faces prison time for rape

The definition of a relationship can be interpreted differently from person to person. While some relationships are based on an emotional connection, others can be identified as purely sexual in nature. Regardless of a past connection, mixed signals and miscommunication can lead to disastrous events.

A young 18-year-old linebacker from Mukwonago and former University of Wisconsin football recruit was completely surprised to hear that the jury found him guilty of third-degree sexual assault. The case seemed unclear as to whether a sexual encounter between the man and a woman from his hometown was indeed consensual. The two had been involved in a sexual relationship previously; however, the woman said that she had asked the man to stop during this particular sexual incident. She stated that the man did not stop for some time after her request.

Woman fatally injures ex-boyfriend in an act of domestic violence

Crimes of passion and domestic violence can occur when strong feelings are involved in a relationship. While the majority of these crimes involve female victims and male perpetrators, there are instances where a female acts out in a criminal way against her significant other. Often times, these situations stem from jealousy, or a feeling of rejection. It is said that many domestic violence crimes involving women as the perpetrators go unreported in Wisconsin. There are some instances where a criminal act of domestic violence cannot go unnoticed.

The mother of a 34-year-old man came upon a horrific crime scene involving her son and his ex-girlfriend over Father’s Day weekend. The couple had been having relationship problems and had been separated for a short time prior to the incident. That Saturday, the 29-year-old woman made the devastating decision to fatally injure her ex-boyfriend with a bullet to the back of the head, as well as one to her own.

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