By Attorney Ray Dall’Osto

The intoxicating effects of alcohol and controlled substances (prescription and illegal) have been demonstrated to lower a person’s inhibitions, alter behavior, and impair a person’s mental and physical abilities, including the ability to operate motor vehicles steadily and safely.  Unfortunately, alcohol and substance use sometimes lead to situations where a person is arrested on criminal charges.  E.g., State v. Christen, 2021 WI 39 (statute barring use of firearm when intoxicated does not violate defendant's Second Amendment right to possess or carry weapon for self-defense, in a drunken altercation with roommates inside defendant’s residence). 

If you have been arrested while under the influence of drugs or alcohol, you may wonder whether your state of intoxication could be a mitigating factor or perhaps even be raised as a defense that might help avoid a conviction. At first glance, it seems reasonable that the effects of the substance on person’s mental state would impact on specific intent and possibly absolve you of personal responsibility for your actions. However, in Wisconsin, this is only true under limited circumstances, because the courts and legislature have determined that the intoxication defense should be greatly limited on public policy grounds. Thus, it is important that you work with an experienced criminal defense attorney to determine whether such a defense may apply in your case.

By Attorney Cameron Weitzner

The term “fraud” is used to refer to a wide variety of criminal offenses, many of which can result in serious consequences under either Wisconsin state law or federal law, depending on the circumstances. If you are facing allegations of any form of criminal fraud, you need an experienced criminal defense attorney who can provide strong representation and guidance to help you understand your options.

Fraud Crimes in Wisconsin

In Wisconsin, many forms of fraud are classified as crimes against property, specifically under the category of misappropriation, meaning the unlawful use of another person’s property, assets, or identity. Some examples of fraudulent offenses include:

By Attorney Cameron Weitzner

Domestic violence is a serious and widespread issue throughout Wisconsin and the United States, and many experts have reported that incidents and reports of domestic violence between intimate partners have increased during the COVID-19 pandemic, in part due to families spending more time in close proximity to each other. If you are facing allegations of domestic abuse, it is important to understand how Wisconsin handles these cases and what may happen if you are arrested.

How Does Wisconsin Define “Domestic Abuse?”

Wisconsin law includes special provisions regarding how arrests and prosecution are handled in cases involving domestic abuse between adults, including violence against a spouse, a former spouse, a person who shares or formerly shared one’s residence, or the other parent of one’s child. These provisions apply in cases involving one of the following alleged acts:

By Attorney Nicole Masnica

Many criminal offenses committed in Wisconsin are handled within the state’s criminal justice system, including crimes related to operating while intoxicated (OWI), many types of property crimes, and violent crimes. However, if an alleged offense violates a federal law, the defendant can instead be tried in federal court. If you have been accused of a federal crime, or if you believe you may be at risk of facing federal charges, your attorney can help you understand what to expect.

Examples of Federal Offenses

There are many different kinds of offenses for which a person may face federal charges, but some of the most common include:

By Attorney Cameron Weitzner and Paralegal Rachel Sweet

Among other things, the United States Constitution’s Bill of Rights provides several protections for those who are facing a criminal arrest or trial. However, in the heat of the moment, it may be hard to know whether your rights are being honored and to ensure that you are taking full advantage of them. Taking the time to learn about your constitutional rights and how to assert them can often help you avoid an arrest or conviction in the event that you have a run-in with law enforcement.

Fourth Amendment Protections from Unreasonable Search and Seizure

The Fourth Amendment protects your person, house, papers, and effects from search and seizure without a warrant or probable cause, and it also states that a warrant must be specific with regard to the property to be searched and the potential items to be seized. There are a few circumstances in which law enforcement is permitted to perform a search without a warrant in Wisconsin, but if an officer attempts to search you or your property, you should always ask to see a warrant first, and you should clearly state that you do not consent to a search without a warrant. If an officer proceeds without a warrant, with an invalid warrant, or in a way that exceeds the scope of the warrant, your attorney can help you challenge the validity of the evidence obtained.