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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.”

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milwaukee criminal defense lawyerBy: 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. 

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b2ap3_thumbnail_att-nicole.jpgBy: 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. 

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b2ap3_thumbnail_att-weitzner.jpgBy: Attorney Cameron Weitzner

It is often - but not always - fairly obvious when someone is drunk. The telltale lack of coordination, slurred speech, and of course, the smell can quickly tip off the police that they are dealing with a drunk driver. From there, measuring how drunk the arrestee is fairly straightforward and can be done using a blood test or breathalyzer. When the substance involved is something other than alcohol, determining whether a driver is under the influence can be a lot more complicated. If you are dealing with a drug DUI charge, your defense could be complicated and require the skill of an experienced lawyer. 

What Signs of Drug Intoxication Do Police Look For?

Many of these signs could be explained by something other than intoxication, but may still be used as evidence of a driver’s impairment. Police may suspect drug use if they see:

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Milwaukee criminal defense lawyerBy: Attorney Cameron Weitzner and 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.

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