You and a friend are driving home after 1 a.m. from a party. Some friends at the party, including your passenger, had been smoking marijuana (“weed”), but you had chosen not to. Your passenger starts smoking the remnants of a joint in the car as you drive her home. You refrain from smoking with her, […]
Q & A
Am I in Custody ? (Part 2 of “When Do I Have the Right to Remain Silent?”)
We talked about your Miranda rights in a previous blog, and when an officer has to inform you of those rights –> (1) when you are in custody, and (2) before you are questioned. Seems pretty straightforward, right? NOT. Like most things legal, the devil is in the details. The tricky part is knowing when […]
Do I Need a Lawyer for My OWI/DUI?
Do you need a doctor to remove a swollen appendix? If the answer is “Yes,” then you’ve already answered the question posed in the title to this Q & A. Certainly an OWI(Operating While Intoxicated) — Wisconsin’s abbreviation for “DUI,”which means”driving under the influence”) — is not as potentially life-threatening as an appendix that is […]
Was It Legal for the Officer to Pull Me Over for That?
Those of us who regularly and zealously challenge illegal searches and seizures in criminal and traffic cases were handed a victory of sorts (victory with a very small “v”) by the Wisconsin Supreme Court last month. In State of Wisconsin v. Antonio D. Brown, 346 Wis.2d 98, the defendant was convicted in Milwaukee County of […]
When Do I Have the Right to Remain Silent?
The short answer is “ALWAYS.” However, unlike most cop shows on TV, from Kojak to Law and Order and every one in between, police officers will typically not “read you your rights” at the outset of their contact with you. This is probably the #1 misconception we hear from clients regarding their contact with police […]
