The answer is no. If you have a conviction for a domestic violence crime you are prohibited from possessing a firearm. This is a federal law. The federal firearm ban relates to any conviction for a misdemeanor crime of domestic violence. Specifically, any misdemeanor crime that “has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.”Read more “Can I Own a Gun if I Have a Domestic Violence Conviction?”
An Effective Defense Starts with Challenging the Arrest
Every citizen of Wisconsin enjoys protection against unreasonable search and seizures. Part of that protection is that law enforcement needs to have probable cause or a warrant to arrest you. This protection comes from both the United States (Fourth Amendment) and Wisconsin (Article I, Section 11) Constitutions. The Wisconsin State Legislature has outlined when a search and seizure is authorized based on those constitutional protections. Furthermore, the federal and Wisconsin state courts have outlined what an officer may legally do based on the constitution. If law enforcement fails to follow the constitution and the law we will challenge their actions and move to suppress the evidence obtained.
If you are charged with a drug crime you already face potential jail time with a conviction. The length of incarceration can increase if you are charged with selling drugs near a school (within 1000 ft). Under Wis. Stat. § 961.49 the maximum term of incarceration is increased by five years in these situations. That is a serious increase in penalty.Read more “Increased Penalties for Drug Crimes Near a School”
In Wisconsin, if a police officer believes that an act of domestic abuse has occurred, he or she is required by statute to make an arrest. Specifically, the officer will make an arrest if he or she believes continued abuse is likely or if there is evidence of physical injury to the victim. The officer will arrest the individual who they consider the predominant aggressor. If you are arrested, you will have to make bail or be released on a signature bond after seeing a judge. Furthermore, you will likely be restrained from making contact with the alleged victim for a minimum of 72 hours. In most cases, a condition of your bond will include a no contact order. If you violate that no contact order you may face additional charges.
You Have Rights!
The short answer: If you are not informed of your rights when you are in custody and being interrogated by law enforcement, you may have a legal challenge to have any evidence obtained as a result of that interrogation suppressed. However, it is important to know what those rights are and when law enforcement is required to inform you of those rights.
How can I be charged if nobody presses charges?
It is a common misconception that a case will get dismissed if the person who originally reported the crime decides they do not want to press charges. This often happens in domestic violence situations. Specifically, when a spouse, significant other or roommate calls law enforcement to report a crime. Then later that individual decides that they do not want the suspect arrested to face any penalties for the charges reported. Or alternatively, the victim recants their statements essentially saying they made it up, or were lying. Unfortunately, by that time the state is in control and makes the decision to move forward with criminal charges.
Cocaine is a schedule one controlled substance and therefore its possession is prohibited by law. Common cocaine charges in Wisconsin includes possession, possession with intent to distribute, and delivery. Anyone facing even a simple possession of cocaine charge needs quality representation from a skilled Wisconsin drug crime lawyer. Our attorneys have the experience needed in these types of cases.
Wisconsin has two different types of criminal charges, misdemeanors and felonies. A criminal charge is one that is punishable by imprisonment. A felony in Wisconsin is a crime punishable by imprisonment in the Wisconsin state prisons. Every other crime is considered a misdemeanor and is punishable by a sentence to the county jail. Classifications of misdemeanors can be found here. Wisconsin has nine felony classifications A-I.
How can I get put on House Arrest in Wisconsin?
House arrest, otherwise known as electronic monitoring, is available to individuals who have been sentenced to the county jail. Whether or not you are placed on house arrest is up to the sheriff and the deputies who run the county jail. Under Wis. Stat § 302.425 the legislature gave the power to place someone on home detention to the local sheriff. A judge can only sentence you to jail. A judge cannot sentence you to home detention and a judge cannot prohibit you from being placed on home detention. However, there are things that you can do to help your chances.
If you have been charged with a crime, a DUI, or any offense for which you are seeking representation, you likely have many questions you want to ask. You will want to make sure you ask the right questions to find the right defense attorney. Don’t worry about the charges you are facing, the attorney will likely inquire about the facts of your case. Instead, focus on the qualifications of the criminal defense attorney you are meeting with.