Attorney Marcus Berghahn Phone: 608-257-0945 Email: mberghahn@hurleyburish.com Wisconsin law provides that an individual who has been convicted of a “sex offense” must register as a sex offender. A qualifying “sex offense” is defined in Wis. Stat. § 301.45(1d)(b). Unless the individual was convicted of the most serious offenses or was found to be a sexually […]
Marcus J. Berghahn
Wisconsin Supreme Court Permits Warrantless Taking of Blood from an Unconscious Driver
By: Attorney Marcus J. Berghahn Phone: (608) 257-0945 Email: mberghahn@hurleyburish.com Attorney Marcus Berghahn was interviewed on Wisconsin Public Radio’s Central Waters program about the Wisconsin Supreme Court’s decision. Listen to the discussion here: https://www.wpr.org/state-supreme-court-says-police-can-draw-blood-unconscious-drunken-drivers On July 3, 2018, the Wisconsin Supreme Court held in State v. Mitchell, 2018 WI 84, that police could take blood […]
Wisconsin Supreme Court Decides Handgun Case
If Transporting a Handgun in an Automobile, You Should Have a Concealed Carry Permit to Avoid Criminal Liability By: Attorney Marcus J. Berghahn Phone: (608) 257-0945 Email: mberghahn@hbslawfirm.com We previously wrote about a case in the Wisconsin Supreme Court dealing with the conflict of two statutes that address the carrying of a firearm in an […]
Governor Walker Signs Important Revision to Wisconsin’s Asset Forfeiture Statutes Into Law Restoring Balance Between the Power of State and Rights of Its Citizens
By: Attorney Marcus J. Berghahn Phone: (608) 257-0945 Email: mberghahn@hbslawfirm.com On April 3, 2018, Governor Walker signed 2017 Wisconsin Act 211, a bill that changes the rules the State has to follow when it seeks to forfeit property after it has been seized in relation to a crime. The Act significantly changes Wis. Stat. § […]
Get the Big Picture: Selfies—When a Self-Portrait Breaks the Law
By: Attorney Marcus J. Berghahn Phone: 608-257-0945 Email: mberghahn@hbslawfirm.com Selfies, self-portraits shared on social media, are common place, particularly among high school students. When sending selfies turns into sexting, three criminal laws are often implicated; all three could have serious consequences on those who send, receive or possess the images. Many social media platforms, like snap-chat, […]
Hurley, Burish & Stanton, S.C. – Criminal Law Section 2016 Year in Review
The Criminal Defense attorneys at Hurley, Burish & Stanton, S.C. had numerous successes in 2016 ranging from the dismissal of OWI charges, the dismissal of a negligent homicide charge and two acquittals at jury trials. HBS has attorneys experienced in defending clients in a diverse array of state and federal offenses in administrative, trial and appellate courts. Take […]
Wisconsin Supreme Court to Address Two Statutes That Regulate How Handguns May Be Transported
Author: Attorney Marcus Berghahn Phone: (608) 257-0945 Email: mberghahn@hbslawfirm.com The state and federal constitutions protect the right of citizens to bear firearms. While Wisconsin law creates a license that authorizes the individual to whom it is issued to carry a handgun concealed on their person, no license is required to possess a firearm. Problems arise […]
Legal proceedings: What is a John Doe investigation anyway?
Author: Marcus J. Berghahn The news is full of references to an ongoing John Doe investigation concerning the activities of persons connected to Gov. Scott Walker while he served as Milwaukee County executive. John Doe, in this context, does not refer to a person; it is a legal proceeding. The John Doe proceeding is an […]
Potential Consequences Collateral to a Criminal Conviction
Author: Marcus J. Berghahn In addition to the potential for a term of incarceration, a period of supervision, payment of supervision fees, fines, court costs and assessments to name a few, there exist a number of consequences that follow conviction of a criminal offense, regardless of whether the offense is classified a misdemeanor or a […]
Frequently Asked Questions Upon Conviction in Federal Court
Author: Marcus J. Berghahn Among the most frequently asked questions by those convicted of a federal criminal offense (after “Am I going to jail and for how long?”) are, “When can I have my first conjugal visit?” and “Can I bring my golf clubs?” Such questions about imprisonment and supervision may, initially, to someone who […]
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