Marsy’s Law is an initiative meant to protect crime victims' rights. This is a national proposal that has already been adopted in a handful of states, including Ohio. It has also been rejected in others, including Idaho and Maine. However, some legal scholars are concerned about the impact Marsy’s Law could have on the constitutional rights of criminal defendants. 

What Does Marsy’s Law Provide?

Some provisions in Marsy’s Law are a bit vague. In general, the law is designed to protect victims who have reported a crime against them as they participate in the criminal justice process. Provisions include: 

• Victims have the right to be treated with “dignity, respect, courtesy, sensitivity, and fairness.”

  ...

By: Attorney Nicole Masnica and Paralegal Rachel Sweet

Watching the local news may lead you to believe that people are constantly being caught and arrested for very serious crimes, like violent felonies and even murder. However, this is not quite true. The most common offenses that people get arrested for may surprise you. While we like to think that jails exist to keep dangerous offenders out of the community where they cannot hurt anyone, the local jails are typically filled with non-violent offenders. 

If you have already been arrested, you need not feel alone. Hundreds of people are arrested every day in Wisconsin. If this is the situation you are in, a qualified defense attorney may be able to help minimize the impact your arrest will have on your life. 

By: Attorney Nicole Masnica 

Even the more serious forms of criminal trespassing are generally charged as a misdemeanor, carrying no more than a year in jail at the worst. Burglary, however, is at minimum a Class F felony, punishable by up to 12 years and six months in prison. The punishments for these offenses are wildly different, but these Wisconsin offenses themselves can be strikingly similar. The line between trespass and burglary is less clear than most people realize. Both involve entering or remaining in another’s property without consent. The difference may hinge on what the state thinks you were planning to do in there. If you are facing either charge, it is important to seek out a skilled defense attorney who can fight to minimize the legal jeopardy you are in. 

What is the Difference Between Criminal Trespass and Burglary?

First, it is important to note that in Wisconsin, there are different categories of both offenses depending on the type of property unlawfully entered and any offense you allegedly planned to commit inside. The degree of the felony or misdemeanor charged can vary based on a number of factors. That said, the definition of “burglary” may be much wider than you would expect. 

By: Paralegal Rachel Sweet

In recent years, multiple states have relaxed many of the laws related to marijuana. While marijuana has long been considered an illegal drug, it is becoming more and more acceptable as both a recreational substance and a treatment for certain health conditions. Following the legalization of marijuana in nearby states such as Illinois and Michigan, many Wisconsin residents are curious about the drug’s status in their home state. Residents may be unsure about whether they may face drug charges for possessing cannabis.

Marijuana Possession in Wisconsin

While bills that would legalize marijuana have been introduced by Wisconsin legislators multiple times over the past several years, these laws have not passed. This seems unlikely to change, despite the fact that many Wisconsinites support legalization. Currently, marijuana is still considered an illegal controlled substance, and possession of the drug can lead to significant consequences.

By Paralegal Rachel A. Sweet

Getting arrested or charged with a crime can be extremely frightening and stressful, and it may feel like you have nowhere to turn for help and support. However, thanks to the Sixth Amendment to the United States Constitution, there is always at least one person whom you can rely on: your attorney. Among other rights, the Sixth Amendment guarantees a criminal defendant the right to “the assistance of counsel for his defense.” If you are facing charges, you should be sure to understand the full extent of the protection that this clause provides.

What Does the Right to Legal Counsel Include?

The Sixth Amendment right to legal counsel means that in a trial or court hearing related to the charges you are facing, you have the right to representation from a qualified defense attorney. Your attorney can take many important actions to protect your rights and help you avoid conviction or an unfair sentence. For example, they can speak on your behalf in opening and closing arguments, help you present evidence and testimony to demonstrate your innocence, cross-examine witnesses for the prosecution, and object to inadmissible evidence and improper trial procedure.