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Criminal Defense Archives

Search of Green Bay home leads to arrests related to death

A homicide charge against a person is one of the most severe in criminal law. To be arrested for homicide, or any other criminal charge, the police must have probable cause, a legal requirement of sufficient reason from the facts and circumstances of the situation, that an individual has committed the crime. In general, the police must have probable cause to obtain a search warrant before searching for evidence.

Wales woman accused of theft at Waukesha nursing home

The fact that criminal charges are filed does not necessarily mean the accused person is guilty. Sometimes a misunderstanding leads to the need for a criminal defense, but that doesn't stop people -- sometimes even family and friends -- from siding with police.

Wisconsin man accused of strangling woman, resisting officers

Our readers in Waukesha may recall a previous post discussing the unfortunate situation of criminal charges resulting from domestic disputes. Although emotions can run high in the home, it is important to remember that just because a person is accused of a crime does not necessarily mean that person is guilty, even when the charges stem from the claims of a family member or friend. The prosecution is nonetheless obliged to hold up its end of the legal bargain by bearing the burden of proof.

Son charged with theft of mother's jewelry in Sheboygan County

Though they probably never expected to, sometimes families in Wisconsin have to confront the daunting prospect of criminal charges. In some cases, one family member might even accuse another of a crime, but that doesn't mean the whole family isn't affected by the painful ordeal. Moreover, an allegation is something quite different from proof of guilt.

Wisconsin passes law increasing police access to juvenile records

In an effort to curb crime in Wisconsin, lawmakers have signed into law a series of bills that some feel are overreaching. One of the bills gives law enforcement, including officers, judges and prosecutors, greater access to the criminal records of juveniles. This increased access would allow law enforcement officials to track a juvenile's record and group those young individuals charged with minor offenses with juveniles who have been charged with more serious crimes.

Should sexual contact between teenagers result in jail time?

Despite what police and media reports would have us believe, many sex crimes cases are not as black and white as they might seem. While being charged with a sex offense is always a very serious matter, readers in the Milwaukee area likely know that police officers gather evidence specifically with a view toward obtaining a conviction. But the will to convict is not the same thing as having enough evidence to send people to jail and label them sex offenders for the rest of their lives. With these issues in mind, Wisconsin residents may be interested to hear of a case involving a young man who was convicted of a sex offense after it was determined that, as a senior in high school, he had sex with his girlfriend, who was a 14-year-old freshman at the time.

Milwaukee woman accused of DUI in crash that took her daughter

Can half a can of beer alone make someone's blood-alcohol content exceed the legal limit? Not likely. But that is what a criminal complaint in Milwaukee alleges against a woman who not only has suffered the loss of her young daughter; she is also accused of DUI in connection with her daughter's death.

Internet crimes: Wisconsin legislators consider changing the law

Wisconsin law may change with regard to how attempted child enticement is prosecuted. Attorney General J. B. Van Hollen supports a bill that is currently being considered by the Senate Judiciary Committee. If the bill is passed, state law would treat attempted child enticement the same as actually carrying out the crime.

Sentence stayed for Wisconsin teen in sexual assault case

A Wisconsin teenager recently avoided a prison term after being sentenced for serious sexual assault charges. The terms of the sentence given to the teenager were 18 months in prison and 18 months of extended supervision, but the judge stayed the sentence and placed the teenager on probation for five years. The judge reprimanded the teen and advised him that if he violates the terms of his probation, he will be sent to prison. If he behaves and meets all conditions of his probation, the teen will not see any prison time -- at least not for the latest sexual assault convictions (he was previously sentenced to a year in the Racine County Jail in another sexual assault case from Walworth County involving the same victims).The teen was most recently convicted on two counts of third-degree sexual assault of a child and stood accused of having sexual relations with three teenage boys in Racine County. According to the boy's lawyer, the victims also happened to be his friends. The boys apparently met when they were 10 or 11 years old. At the time of the alleged assaults, the accused teenager was 17, and the younger boys were 14 years old.

Drug distribution charges after a "no-knock" search warrant

Wisconsin law enforcement agencies have lately been cracking down on alleged drug crimes. And while there are many types of drug charges, possession with intent to sell can be one of the more serious. Indeed, a conviction of this type of drug charge can lead to substantial jail time.On Dec. 15, police executed a "no-knock" search warrant in Wisconsin. Two men were subsequently arrested as a result of the search. According to police, the men were ages 21 and 25 and were arrested at an apartment about 3:30 in the afternoon. Police claim that they detected the odor of burnt marijuana, and a search of the residence allegedly produced about one quarter of a pound of marijuana, along with cash and various types of drug paraphernalia. Police also claim the alleged marijuana was in baggies commonly used in drug distribution.

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