Middleton Criminal Defense & Workers' Compensation Law Blog

When law enforcement authorities come knocking on a Wisconsin resident's door and confiscate materials from their residence, people may not be aware they have certain legal rights that must be protected in the process. The most important right a person has is guaranteed under the Fourth Amendment to the US Constitution: due process of law, including lawful search and seizures.

An unreasonable search and seizure is one that is conducted without a search warrant and without probable cause. Unreasonable searches and seizures are unconstitutional and the evidence obtained through the search will most likely not be admitted into court. This pertains to searches not only in residences, but also in vehicles.

Workers' compensation insurance is a type of insurance that employers are obligated to purchase for their employees if they injured in the course of their employment. This means if a worker is injured in a slip and fall accident or something falls on them while they are performing a task related to their work duties, they would be covered by workers' compensation. This can become confusing for some Wisconsin residents who might be under the assumption that they can pursue a personal injury lawsuit against their employer. It is important to understand what legal heading one can recover under to ensure they are exercising the legal rights they possess.

Though it is true that the accidents one can get injured in are similar, such as a slip and fall or a car accident, liability depends on the task one was performing at the time of the injury or the physical location one was in when the accident took place. For example, if a truck driver was injured in a car accident while making a delivery, it would become a workers' compensation matter whereas if he or she was injured while driving the kids to school, it would likely be a personal injury matter.

Many popular shows on television these days glamorize the drug trade by depicting it as an adventure filled lifestyle that could bring around a lot of money very quickly. It also paints the picture that the legal and social attitude toward recreational drug use such as heroin is lenient, but this is far from the truth. In Wisconsin, heroin use and possession remains illegal. In fact, it is a schedule I drug, which means it is against the law to be in possession of even a small amount of the drug.

Both federal and state law regulates heroin possession and use. That means that penalties can be very strict, including both prison time and heavy fines. In Wisconsin, possession is considered a Class I felony. The sale of heroin is classified depending on the amount that is being sold. If the amount being sold is less than three grams, it is considered a Class F felony and if it is over 50 grams it is considered a Class C felony. The penalties double if the sale is made to minors and, if the sale is within 1,000 feet of a school, the penalties become harsher.

Wisconsin residents may wave off criminal charges that do not sound serious without realizing how it can stay on their record and come back to haunt them at different stages of their life. Understanding the different categories of criminal charges can help someone being accused of them grasp how the court is going to treat them and how seriously they should be treated.

Generally, the categories differ from one another in how much jail time could be meted out. As mentioned in last week's post, a traffic ticket could be considered an infraction. This is generally the least serious of the crimes one could be charged with and if dealt with timely, the person who received the ticket just has to pay a fine. Though generally they can be resolved with little to no court time and no jail time at all, if left unaddressed the penalties can become steep.