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Milwaukee Criminal Defense Law Blog

‘The sexting talk’: A tricky but important conversation

Today’s digital world has created some unique concerns for parents of teens. This includes concerns regarding teen sexting.

Sexting is rather prevalent among today’s teens. Such conduct can have all kinds of significant negative impacts on a teen and their life.

Sarcasm in drug crime enforcement?

Police here in Wisconsin turn to a lot of different methods when it comes to drug crime enforcement. This includes well-known police tactics like detailed investigations, undercover operations, property searches and using informants. It can also include some less traditional tactics, such as tactics involving social media.

Just how odd these less-traditional measures can get can be seen in something that recently happened here in Wisconsin. Last month, the police department of Sparta, Wisconsin put up a sarcastic post regarding meth on its Facebook page.

Sometimes, faulty DNA testing strikes in criminal cases

DNA evidence can be a big factor in a wide range of different criminal cases. Now, DNA evidence, just like other types evidence, is not immune to being flawed or inaccurate. There are various things that could throw the accuracy of DNA evidence off. One is if the testing of such evidence isn’t handled right by a DNA lab.

In another state, problems with a DNA lab have brought thousands of criminal convictions into question.

What is the “Len Bias Law”?

Being accused of distributing drugs here in Wisconsin can expose a person to all kinds of serious consequences. The potential consequences can be considerably larger if it is alleged that the drugs the person was accused of distributing resulted in an overdose death. This is because of something called the “Len Bias Law.”

Wisconsin put such a law in place back in the late 1980’s. This law allows drug dealers to be charged with reckless homicide in connection to overdose deaths of people they provided drugs to.

The very serious nature of sexual assault of a child accusations

Under Wisconsin law, there are certain special classes of sex offenses that cover sex crimes against children. One of these classes is the offense of sexual assault of a child. This offense generally covers the committing of sexual contact or intercourse towards a minor who is under the age of 16.

Sexual assault of a child is a felony offense here in Wisconsin. Being convicted of this offense can leave a person facing a range of major punishments. What particular penalties can be leveled for a conviction of this offense varies. This is because sexual assault against a child comes in multiple degrees (first and second) and can come in at three different felony levels (Class A, Class B and Class C).

State standards on use of force policies being proposed

There are many different policies that can be present at a law enforcement agency. Among these are policies on the use of force. A pair of proposals expected to soon be brought before Wisconsin lawmakers aims to add some state standards when it comes to such policies at police departments in the state.

The proposals are being developed by a lawmaker from Madison. Among the state standards the proposals would create for use of force policies are a requirement that such policies include certain goals and a requirement that police departments add certain training to their training regime. The training in question is four hours annually of training on de-escalation.

When a therapist is accused of sexual contact with a patient

There are many allegations that can have major implications for a therapist. For those who practice here in Wisconsin, one accusation that can be particularly impactful is being accused of having sexual contact with a patient. That is because, under state law, this sort of allegation could expose a therapist to felony charges.

Wisconsin law makes it a felony for a therapist to have intentional sexual contact with a person they have a therapist-patient/client relationship with during that relationship. It classifies such conduct as the Class F felony of sexual exploitation by a therapist.

Federal drug cases involving synthetic drugs

Among the things a person could end up facing federal drug charges in relation to is alleged criminal activity involving synthetic drugs. One of the more well-known examples of such drugs are “bath salts.”

Synthetic drugs can raise many unique issues in federal drug cases. This includes unique issues regarding sentencing.

Changes to asset forfeiture laws being considered in Wisconsin

Being accused of a crime can have all kinds of impacts on a person. Criminal charges and the possibility of facing major criminal punishments are not the only potentially life-changing things such allegations can expose a person to here in Wisconsin. For one, they also could potentially expose one to civil asset forfeiture.

Such forfeitures are when authorities seize and keep property suspected to have been used in or gained from criminal activity. Losing property through such a forfeiture could have major financial implications for a person.

Distributing drugs in certain places can trigger upped sentencing

Many different things can end up having a big impact in cases in which a person is facing charges of distributing drugs here in Wisconsin. This includes where the alleged drug distribution is alleged to have occurred. This is because, here in Wisconsin, distributing drugs in certain locations can lead to a person facing a higher max sentence than would typically be available for the offense of drug distribution.

Specifically, state law specifies certain locations that distributing drugs in can trigger an option for courts to up the max sentence for the distribution by up to five years. Now, this rule doesn’t cover the distribution of all types of drugs, but rather just covers certain specified drugs. A couple of examples of drugs that are covered by the rule are heroin and cocaine.

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