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What Are Wisconsin’s Laws Regarding Medical Marijuana?

Posted on in Criminal Defense

milwaukee criminal defense lawyerBy: Paralegal Rachel Sweet

Marijuana use has become more and more accepted in the United States over the past several years. Several states have legalized marijuana for recreational use, and a total of 37 states allow the drug to be used for medicinal purposes. Because marijuana has been found to provide many benefits for patients, people in Wisconsin may be looking to use the drug. However, it is important to understand the current laws regarding medical marijuana since violations of these laws could result in criminal prosecution for drug charges. 

Wisconsin Lawmakers Propose Medical Marijuana Bill

Unfortunately for Wisconsin residents, marijuana has not been approved for medical use in the state. However, polls have shown that 80 percent of Wisconsin residents support the legalization of medical marijuana. The Republican-controlled state legislature has failed to address this issue in the past, but this could potentially change in the future. In April of 2022, State Senator Mary Felzkowski introduced a bill and held a hearing to address the legalization of medical cannabis.

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What Are the Consequences for Property Crimes in Wisconsin?

Posted on in Criminal Defense

By: Attorney Jorge Fragoso

Numerous actions may cause a person to be arrested and charged with a criminal offense, and the penalties they may face will depend on the specific laws they are accused of violating and the harm that was done to their alleged victims. While there are many different ways to categorize criminal offenses, many crimes can be divided into two broad groups: crimes against persons and crimes against property. The latter are some of the most commonly committed offenses, and even though they may seem less serious, since they may not result in physical harm to a person, a conviction can still lead to significant penalties. Those who have been accused of property crimes will need to understand how the laws address their specific situation, as well as the potential defenses that may be available.

Wisconsin Property Crimes

Crimes against property may involve damage to someone’s property, illegally entering property such as a building, or misappropriation of money or property belonging to someone else. These charges include:

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Wisconsin Claims Board Rules in Favor of Man Who Was Wrongfully Convicted and Imprisoned for Decades

Posted on in Criminal Defense

Milwaukee criminal defense lawyerBy Jaclyn Kallie, Nicole Masnica, and Ray Dall’Osto

The criminal justice system is meant to provide everyone who is accused of a crime with the opportunity for a fair trial, and not to convict the innocent.  Unfortunately, this does not always happen, and far too many criminal defense cases are over-charged and a significant number result in wrongful convictions. In recognition of this, the State of Wisconsin allows those who have been wrongfully convicted to pursue compensation for the ways their lives have been affected by serving prison sentences for crimes that they did not commit. The lawyers at Gimbel, Reilly, Guerin & Brown, LLP, LLP recently helped one of our clients, who was wrongfully convicted, secure a significant award recommendation from the Wisconsin State Claims Board, which is significantly greater than the statutory maximum currently allowed.  

Claims Board States That Wrongfully Convicted Man Deserves $1 Million Award

The firm’s client, Daryl Dwayne Holloway, was convicted for two separate charges of home invasion and sexual assault alleged to have occurred in 1992. Even though there was evidence exonerating him at the time, including phone records and witness testimony showing that he was in another location at the times the crimes occurred, the jury convicted him nonetheless, based on the victims’ identifying him in a suggestive police lineup and indicating that they recognized his voice.  Mr. Holloway ended up serving 24 years in state prison before his conviction was vacated in 2016 and the charges were dismissed, due to the persistent joint efforts of GRGB attorney Ray Dall’Osto and the Wisconsin Innocence Project. See, https://www.grgblaw.com/case-results/wisconsin-innocence-project-s-effort-to-exonerate-and-free-daryl-holloway-applauded

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Is a Restraining Order Required After a Domestic Violence Arrest?

Posted on in Criminal Defense

milwaukee criminal defense lawyerBy: Attorney Jorge Fragoso

There are multiple different types of situations where a person may be accused of committing domestic abuse. These incidents are taken very seriously by law enforcement. If police officers are called to respond to domestic disputes or other situations where the safety of family members may be at risk, they may choose to arrest a person who is believed to have engaged in domestic violence. Those who are accused of committing these types of sensitive crimes may face criminal charges for battery or similar offenses. However, they will also need to understand when they may be subject to restraining orders or other limitations that will affect their lives and their relationships with their family members.

Arrests in Domestic Abuse Cases

While police officers in Wisconsin are not required to arrest a person after responding to a domestic violence incident, there are certain circumstances where officers may determine that an arrest is necessary. Generally, if an officer has a valid reason to believe that a person has violated the law by engaging in domestic abuse, they are required to perform an arrest if they reasonably believe that continued abuse is likely, if there is evidence that an alleged victim has suffered a physical injury, or if the alleged abuser is the primary aggressor in a domestic argument or disagreement.

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What Restrictions Apply to Registered Sex Offenders in Wisconsin?

Posted on in Criminal Defense

milwaukee sex crime defense lawyerBy:  Attorney Nicole Masnica

All criminal charges should be taken seriously, since a conviction can result in multiple types of penalties, including prison sentences, probation, fines, or the loss of a professional license. Accusations involving sex crimes can be especially worrisome, since, in addition to other criminal penalties, a person who is convicted may be required to register as a sex offender. This can impact multiple parts of a person’s life and cause permanent damage to their reputation, their ability to find a job, and their relationships with family members, friends, and others in their community.

Requirements and Restrictions for People on the Sex Offender Registry

Generally, anyone who is convicted of a sexual offense will be required to register as a sex offender. This requirement will also apply to minors who are adjudicated delinquent based on sexual offenses, those who were found not guilty of sexual offenses based on mental illnesses, and residents of Wisconsin who were convicted of sex crimes in other states or jurisdictions.

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