Author: Attorney David E. SapersteinPhone: 608-257-0945Email: dsaperstein@hurleyburish.com This practical series, “Nuts and Bolts,” is intended to demystify the process of being charged with a crime in Wisconsin state (circuit) courts. The court process can be overwhelming. Knowing what to expect from the process may make it less confusing and unpredictable, and hopefully less stressful. Will […]
criminal defense
Am I Guilty of Disorderly Conduct ?
Disorderly Conduct, aka the “catch-all” offense. The definition of the charge, under Wisconsin Statutes section 947.0, is a laundry list of behaviors that reads like a typical evening of reality T.V., but that can land the average, non-celebrity- citizen in court or in jail. Let’s take a look at the definition of “DC”, and tease […]
Was I Resisting (or Obstructing)?
A previous post discussed the level of suspicion that an officer must articulate to justify a “stop” or otherwise initiate an encounter with a “civilian.” Generally speaking, a law enforcement officer initiates contact with a “civilian” because he or she suspects the civilian of some kind of wrongdoing. The officer may be mistaken, may have […]
How Does a Controlled Substance (Drug) OWI Differ from an Alcohol OWI?
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, […]
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 […]
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