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 […]

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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 […]

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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. § […]

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Every Day Matters:  What constitutes “a day” for jail credit purposes?

By: Attorney David E. Saperstein & Law Clerk Sarah E. Schuchardt Phone: 608-257-0945 Email: dsaperstein@hbslawfirm.com One of the more inconsistent practices of circuit courts in criminal sentencing hearings over the years has been the calculation of jail credit earned by a defendant prior to the sentencing hearing.  Depending on the jurisdiction, or even sometimes the […]

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Important Changes to CCAP Relating to Criminal Cases: Acquitted and Dismissed Cases Will Be Removed from CCAP Two Years after the Disposition

Author: Attorney Marcus J. Berghahn Email: mberghahn@hbslawfirm.com Phone: 608-257-0945 The Director of State Courts, Randy Koschnick, announced that he will implement recommendations made by a study committee regarding the length of time certain case information is publicly available on CCAP. When the changes are implemented, those cases in which criminal charges are dismissed or which […]

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What Constitutes Sufficient Proof of a Prior OWI Offense?

By: Attorney David E. Saperstein & Law Clerk Sarah E. Schuchardt Phone: 608-257-0945 Email: dsaperstein@hbslawfirm.com   Prior OWI convictions are not elements of subsequent OWI offenses; however, these prior convictions are used at sentencing in order to determine the penalties for the present offense. The State has the burden of proving convictions for prior OWI […]

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Legislature Considers Positive Change to Wisconsin’s Expungement Law

  By: Attorney David E. Saperstein & Law Clerk Sarah E. Schuchardt Phone: 608-257-0945 Email: dsaperstein@hbslawfirm.com It is a well accepted fact that a criminal record will have a negative impact on many aspects of a person’s life — including employment opportunities, housing, educational opportunities, personal relationships and self esteem. For this reason, we as […]

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2017 So Far: Recent Wins in Criminal Cases

Attorney Jonas Bednarek and Attorney David Saperstein have both achieved great results for their respective clients. Take a look below for some of their most recent highlights. Dane County – Disorderly Conduct Dismissed Attorney Bednarek’s client was charged with Disorderly Conduct with modifiers for domestic abuse and use of a dangerous weapon. The charge was […]

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Wisconsin’s Implied Consent Law after State v. Blackman

By: David E. Saperstein Email: dsaperstein@hbslawfirm.com Phone: 608-257-0945 I see three big “take-aways” from last month’s surprising decision by the Supreme Court of Wisconsin (SCOW) in State v. Blackman1. The assertion that probable cause still matters in the context of Wisconsin’s beleaguered Implied Consent Law is perhaps the biggest take-away. Coming in a close second, […]

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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, […]

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