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Expungement in Wisconsin
One of the most difficult parts of a criminal conviction is the continuing existence of a criminal record. Long after people have served their time and reformed themselves, they can still find their criminal record holding them back, preventing them from getting work, housing, or state licensing. Wisconsin law does allow for people to have their criminal records expunged in certain circumstances. However, it is important to note that Wisconsin's laws on expungement are particularly harsh. They do not provide as many benefits as some states' laws do, and they can also only be accessed for a limited number of reasons.
How Expungement Works
Expungements in Wisconsin are available to only a limited group of people, usually those who committed their crimes as juveniles or young adults. In order to qualify for an expungement, a person must meet four criteria. First, they must have committed the crime while they were under the age of 25. Second, the crime must be a misdemeanor or certain low-level, non-violent felonies. Third, the person must have successfully completed their sentence, which includes things like complying with the terms of probation following a release from prison. Fourth, the court must determine that the offender stands to benefit from an expungement and that such an expungement would not go against the public interest.
Strategies for Beating an OWI
OWIs can be serious charges that come with expensive penalties, especially for people who have prior OWIs on their records. Many people risk driving drunk because they think they will not get caught. Yet, there are tens of thousands of OWI convictions every year, according to statistics compiled by the Wisconsin Department of Transportation. Consequently, people should be aware of the different strategies Wisconsin OWI attorneys can use to fight an OWI conviction after the charges occur. These strategies include taking advantage of the burden of proof, fighting to exclude evidence, and contesting evidence that cannot be excluded.
The Burden of Proof
One key point to understand about the criminal justice system is that the burden of proof rests on the prosecution. This leads to the often recited line that people are innocent until proven guilty. In a practical sense, this means that it is the job of the prosecutor to prove the case, not the person's OWI defense attorney. This is an important strategic point. A person accused of an OWI does not need to prove they were sober. They merely need to knock out key portions of the case against them that would prove drunk driving.
The Entrapment Defense in Wisconsin
Many legal and police-based TV shows raise the issue of an “entrapment” defense at some point during their run, but the defense is often not as simple as those shows imply. The entrapment defense is an argument available to criminal defendants that the police tricked them into committing a crime that they would not have otherwise committed. The defense arises most often in cases where the defendant was caught by an undercover officer, such as in prostitution stings or undercover drug buys. However, proving entrapment as a defense requires more than just showing that the officer deceived the defendant in some way.
Proving Entrapment
The important thing to understand about entrapment is that it is a high bar to meet. Mere deception on the part of the police is not enough, and neither is simply providing the defendant with the opportunity to commit a crime that they would have otherwise committed. Instead, the defendant has to show that the police somehow induced them to commit a crime they would not have engaged in without police interference. Undercover drug sales make a good example for showing the distinction between providing an opportunity and inducing the crime.
The Harsh Reality of Being Charged with Retail Theft
In Wisconsin, an individual charged with retail theft could not only be the subject of a criminal lawsuit, but a civil one as well. What most people do not know is that retail theft is a very serious crime in Wisconsin. Not only do allegations of retail theft carry severe criminal penalties, but the idea of a civil lawsuit hanging over your head can be extremely pleasant.
Under Wisconsin law, retail theft ranges from a Class A misdemeanor to a Class G felony. If you are charged with the theft of items worth less than $500, you will be charged with a Class A misdemeanor and will be subject to punishment of up to nine months in jail and up to $10,000 in fines. But if you are charged with stealing over $10,000 worth of items, you could face up to $25,000 in fines and up to 10 years in prison. If you have prior retail thefts on your criminal record, you will be subject to harsher punishments.
Catching Fire: The Story of Arson
Historically, arson was narrowly defined as the malicious burning of the dwelling of another. This meant that you could only be charged with arson if you intentionally burned the residence of another. Today, especially under Wisconsin law, arson is a felony and has been expanded to include, by means of fire, the intentional burning of a building of another, without consent. This definition includes any building, or structure. You could even be charged of arson if you burned a motor vehicle.
Arson is a serious property damage crime and if you are convicted of arson, you could face steep fines and a lengthy prison sentence. There are distinctions in the law that determines the fines and possible jail time you could face if found guilty of arson. If you are found to have intentionally burned a building, you will face much more serious fines and jail time than if you were found to have negligently burned the building. Likewise, if you burn your residence down to collect the insurance money, you could be charged with arson and insurance fraud.
Conspiracy: The Punishment of Collaboration
Under Wisconsin law, conspiracy is defined as an agreement between two or more persons with the intent to violate the law. To be convicted of conspiracy, it has to be shown that an act was taken to further the goals of the conspiracy. Likewise, the same elements need to be proven under federal law.
Conspiracy boils down to a very simple concept. A conspiracy begins when one person agrees with one or more persons to commit a crime. As soon as any single member in the agreement takes a step towards carrying out the crime, the agreement becomes a conspiracy. This step is called an overt act and it does not matter how minimal it is. It does not matter if the overt act is a crime; further, even if you do not commit the overt act, you could still be charged with conspiracy.
The Harsh Truth about Facing Homicide Charges in Wisconsin
In our society, not all homicides are considered crimes. Homicide occurs when one individual takes the life of another individual. Depending on the circumstances, some homicides are lawful while others are unlawful. For example, murder and manslaughter are violations of criminal laws but a homicide committed in a justified action of self-defense is not considered a violation of criminal law.
- The negligent handling of a dangerous weapon, explosives or fire;
Defending against Health Care Fraud Charges
It would seem that every time you check the news, someone is being charged with healthcare fraud. For example, recently, a podiatrist was charged with committing 30 counts of healthcare fraud when he billed Medicare for trimming toenails of patients, which is not considered a medical procedure. Back in January, the Medical College of Wisconsin was charged with healthcare fraud when they billed the federal government for neurosurgeries involving resident doctors when supervising doctors were not present for key moments in the procedures, which is a requirement in order to receive compensation from the federal medical programs.
What is Healthcare Fraud?
Sexual Assault Charges in Wisconsin
In most states, unwanted sexual encounters committed by force or threat of force are generally classified as rape. However, Wisconsin law defines rape as sexual assault.
According to the Wisconsin Statistical Analysis Center, almost 50 percent of sexual assault victims are acquaintances with the alleged perpetrator. Thirteen percent occurs between family members, while nine percent are said to occur in relationships. Therefore, over 72 percent of the alleged sexual assaults that occurred in Wisconsin during 2013 involved individuals who were friends, acquaintances, relatives or in intimate relationships.
Four Degrees of Sexual Assault
Depending on the circumstances of your case, you could be facing first or fourth-degree sexual assault. First-degree sexual assault is a narrow category of crime that occurs when you are charged with having non-consensual sexual intercourse with another person and pregnancy or great bodily harm results. Also, when the allegations involve force or the threat of force with a dangerous weapon, the charges would also fall under this category.
The Crime of Stalking in Wisconsin
Generally, stalking in its simplest form is defined as the unwanted pursuit of another. Many states have laws in place that prevent unwanted contact with strangers when that contact is threatening or dangerous. Sometimes, the extra attention given to a current or former significant other can turn into an invasion of privacy. Stalking usually involves a pattern of conduct where the offender causes the victim to fear for their safety.
According to Wisconsin law, an individual commits the crime of stalking when the individual acts in a certain way directed at a specific person that “would cause a reasonable person under the same circumstances to suffer serious emotional distress or to fear bodily injury to or the death of himself” or others close to him.
The course of conduct element requires two or more acts to be committed over a period of time. However, there is no specific time frame for the commission of those acts. Technically, you could be charged with stalking for two acts committed weeks, months or even years apart.
