Author: Attorney Marcus BerghahnPhone: 608-257-0945Email: mberghahn@hurleyburish.com We advise our clients to not speak with law enforcement without first seeking the advice of counsel. Because when speaking with law enforcement you have two choices: tell the truth or say nothing at all. Anything short of the truth—even when law enforcement knows the statement to not be […]
Marcus J. Berghahn
Parking Enforcement, Chalk, License Plates Readers and the Fourth Amendment
Author: Attorney Marcus J. BerghahnPhone: 608-257-0945Email: mberghahn@hurleyburish.com Given that parking tickets are probably one of the most common and annoying types of police contacts that a citizen may have, it’s not surprising that a smart attorney found the right case to challenge the manner in which parking restrictions were enforced: by chalking tires. In Madison, […]
Attorney Marcus Berghahn was recently quoted in an article by Inside Track: “OWI Law: U.S. Supreme Court Weighing Wisconsin Case on Implied Consent”
Check out the link to read the full article! https://www.wisbar.org/NewsPublications/InsideTrack/Pages/Article.aspx?Volume=11&Issue=9&ArticleID=27003&source=carousel […]
New Department of Corrections Interpretation of Sex Offender Registry Statute Now Requires Thousands of Individuals to Register as Sex Offenders For Life.
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 […]
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 […]
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