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Injuries Archives

REFUSALS: Why blowing once blows

All too often, a person who has been stopped and cited for Operating a Motor Vehicle While Intoxicated, is perplexed to find that he or she has also been issued a citation for refusing to submit to a breath, blood or urine test. In this situation, a client will often ask me: "Why are they saying I refused? I blew into the device the first time they asked me to. I don't see why I should have to do it a second time?" Hopefully this post can clear up the confusion surrounding when you can, and when you cannot, refuse to provide a requested evidentiary breath or blood sample.

Spare The Rod, Spoil The Child, Spurn The Indictment?

Adrian Peterson's recent indictment for child abuse has sparked national controversy regarding the use of physical discipline, and has raised the legitimate question of when--if ever--physical discipline is appropriate? The opinions have been pouring in from far and wide, ranging from Sean Hannity's defense of using a belt for spanking, to Chris Carter's impassioned plea against any form of physical discipline. Just as there appears to be no clear-cut line between discipline and child abuse in the court of public opinion, there is no clear distinction between the two in the court of law.

What is a Preliminary Hearing?

When a person is charged with one or more felonies in Wisconsin, he is entitled by statute to a proceeding called a preliminary hearing or preliminary examination (often referred to as a "prelim"). People often ask us what happens at a preliminary hearing or what the purpose of a preliminary hearing is.

Today a misdemeanor; Tomorrow your right to bear arms

Many people know that a felony conviction can have serious consequences, including the lifelong loss of one's right to possess a firearm. But what most people are surprised to learn is that many misdemeanor convictions, even for such crimes as disorderly conduct, can result in a lifetime firearm ban as well. This is because federal law makes it a crime for anyone to possess a firearm or ammunition if they have previously been convicted of "a misdemeanor crime of domestic violence." Doing so is punishable by up to 10 years in a federal prison, and is routinely punished with prison sentences rather than probation.

Go Directly to Jail--Unless You Prefer Home Cooking

One of the most common questions clients ask when they are facing the possibility of a jail sentence is: "Will I be able to get house arrest instead?" The answer, unfortunately, is complicated. But here is a primer on a few of the things that determine whether or not someone will be eligible.

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