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Waukesha Criminal Defense Lawyers Blog

Jul 14, 2017

Which county is the hardest on OWI offenses? Each county is different, very different. Each judge in each county is different. That said, counties are grouped by district for consistency in sentencing, but each county has their own way of doing things. Milwaukee County has its own district, the First Judicial District. Racine, Kenosha, and Walworth County make up the Second Judicial District. Waukesha, Washington, Jefferson, and Ozaukee Counties make up the Third Judicial District. This does no…

Jul 5, 2017

Bail jumping can arise on many levels and many situations in the state of Wisconsin. Bail jumping becomes a possibility as soon as someone is charged with any crime. Under Wisconsin Statute 946.49, anyone who intentionally fails to comply with the terms of his or her bond is guilty of bail jumping. When someone is charged with a crime and they appear before a judge or commissioner at their initial appearance, the court will set a bail amount and conditions of bond, giving the defendant the oppo…

Jun 28, 2017

What to Expect from Your Initial Appearance in Court for Theft Charges You head down to your mailbox and find a summons and complaint sitting there. You walk back into your house and read the letters from the court addressed to you. After collecting yourself following your mild panic attack, you need to come up with what you should do and what to expect because you’ve never been in criminal court before. While every county is different when it comes to their exact process for initial appe…

Jun 27, 2017

5 facts you must know about Wisconsin’s New Expungement Law The Wisconsin legislature may be passing a new expungement law to help people who have been convicted of a crime in Wisconsin put it behind them years later.  The changes that are currently being considered would make Wisconsin’s expungement law one of the best in the country for people who are being held back by their criminal conviction.  Here are 3 important facts about the possible new law that you need to kno…

Jun 21, 2017

When is your weapon concealed? In Wisconsin, it is illegal to carry a weapon concealed on your person or in your car without a valid concealed carry permit. Some forms of concealment are obvious: if your shirt covers your gun in its holster at your waist, it is concealed. If your gun is in your purse or in the glove box or center console of your car, it is concealed. If your weapon is not completely visible to those around you, it is concealed. You may not have meant to conceal the weapon…

Jun 1, 2017

Grieve Law is Your Best Chance to Get Charges Reduced or Dropped If you have been cited with an OWI—whether civil or criminal—it is vitally important to hire an attorney who has experience in dealing with issues surrounding one of the key events in your case: the traffic stop. The vast majority of OWI cases begin with a traffic stop. Thus, it is important to know whether the stop was legal. Ordinary traffic violations, such as speeding or a burned out headlight, can serve as the sta…

Apr 13, 2017

Pulled Over for Driving Under the Influence of Weed? We Can Help The I in OWI (Operating while Intoxicated) refers to more than just alcohol. Driving under the influence of marijuana or other drugs (even legal prescription drugs) can get you in trouble. The good news is Grieve Law has experience with all kinds of OWI charges. If you’ve been caught driving while drunk or driving while stoned, our OWI defense attorneys will meet with you for a free consultation to discuss your case. How We…

Apr 13, 2017

Our Drunk Driving Attorneys Use Police Officers’ Body Cam Evidence to Your Advantage More and more police officers and squad cars are equipped with cameras to support the truth of what occurs during arrests and other encounters with police. Sometimes the footage protects officers who are doing their jobs properly. Other times, the evidence supports an innocent victim when an officer fails to report the encounter correctly, either by deliberately lying on the police report or by inadverten…

Mar 15, 2017

When the State WON’T Drop the Charges, We Minimize the Damage There are many ways to beat an Operating While Intoxicated charge. The most sought after outcome is outright dismissal of the charges, but when the State will not agree to dismiss, they can sometimes be persuaded to amend the charge down. In February 2017, after ten months of fighting, Grieve Law’s OWI attorneys convinced the prosecutors in Dodge County to reduce an OWI charge to a much less serious traffic offense. Drun…

Mar 15, 2017

How Grieve Law Got This Client’s Milwaukee OWI Dismissed through Pre-Trial Motions In January 2017, an Operating While Intoxicated case in Milwaukee County was dismissed as a direct result of Grieve Law’s work in discrediting the arresting officer’s report and testimony. This case is an excellent example of how attorneys can use pretrial motions to limit or eliminate the prosecution’s evidence against our clients. 1. False or Inconsistent Police Reports Very early on i…

Feb 22, 2017

Not Quite Everything You Need to Know about Wisconsin Gun Laws Wisconsin laws governing conceal carry, transport, and NFA weapons are confusing, and we are commonly asked questions on them. In order to help you with some of the laws out there for your reference, Milwaukee’s top conceal carry lawyers at Grieve Law wanted to take some time to put them together in one place. It is important to remember two things: First, this is a very incomplete guide meant to function as a convenient ref…

Jan 3, 2017

As of January 1, 2017, all 4th offense OWI’s are felonies.   Prior to this date, a 4th offense OWI could either be charged as a misdemeanor or a felony. Your 4th offense OWI would be a misdemeanor if your last OWI conviction was more than 5 years before your 4th offense.  Your 4th offense would be a felony if you had a conviction for another OWI offense within 5 years of the date of violation of the 4th offense. Back in the 1990s, even people with over a dozen DUI convictions ma…

Dec 14, 2016

Get Evidence Thrown Out with a Suppression Motion Hearing It can be difficult to read police reports in which you are the accused, especially if key details are incorrect or seem to have been pulled out of thin air. If you think the officer who arrested you has fabricated some or all of the reports in your OWI case, your attorney may be able to challenge the officer’s credibility at a suppression motion hearing. Courts typically believe the testimony of police officers because officers d…

Dec 14, 2016

Field Sobriety Tests Administered Improperly Can Be Challenged When you are charged with a crime, a conviction may seem inevitable. It is an evidence-based process and depends almost wholly on the facts of the case. However, a good attorney can identify police errors and use them to get evidence suppressed. Without certain key evidence, the State may be unable to prove its case against you at trial. Traffic Stop for Equipment Violation In an Operating While Intoxicated case, officers are trai…

Dec 7, 2016

In many criminal cases, a defendant receives a sentence involving probation, usually before or instead of serving a jail or prison sentence. While on probation, the defendant is required to follow many rules and guidelines for his or her behavior. The rules vary depending on the specific case and type of crime but often include: Meeting with probation officer regularly Coming to scheduled court appearances Staying away from specific people or places Not using drugs or alcohol Submitting t…

Nov 23, 2016

Strict Liability Law against Impaired Driving Under the Influence of Marijuana  Marijuana is illegal in Wisconsin. This means there is no “legal limit” for driving purposes, as there is for alcohol. Only six states have implemented a legal limit for THC and its metabolites in the blood: Colorado, Montana, Nevada, Ohio, Pennsylvania, and Washington. In Colorado, Montana, and Washington, the limit is 5 ng/mL; in Nevada and Ohio, it is 2 ng/mL; and Pennsylvania rides alone at 1 n…

Nov 18, 2016

When you’re charged with an OWI, whether it is criminal or not, you may still end up with TWO charges for that one incident.   The first charge, and the one people expect to get, is Operating While Intoxicated (OWI). This means someone who was driving their vehicle was too impaired to be operating it safely.   An OWI charge is NOT concerned with blood alcohol concentration. An OWI is based on the officer’s observations on whether they think the driver can safely operate …

Nov 1, 2016

What If I Want a Different Judge? Under Wisconsin law, a defendant has the right to substitute on the judge originally assigned to his or her case. However, there are rules surrounding when this needs to be done. Generally speaking, this needs to be done prior to arraignment, which is when you first enter a not guilty plea.  Motion for Change of Judge with Misdeamor Charges  Entering a plea can occur at different times depending on whether your case is a misdemeanor or a felony. In …

Oct 26, 2016

When you are accused of a crime, think about what these people want: The police officer telling you “it’s just a ticket, there’s not really anything you can do.” The general practice lawyer that takes any case that comes through the door. The government employee making the leaflet telling you where to find a lawyer. You Are Only Guilty If You Are Convicted® What are their motives? Some police officers just want to avoid a day in court, securing an overzealou…

Oct 19, 2016

And How Wisconsin’s Top Domestic Violence Attorneys Can Help In Wisconsin, domestic violence is not a crime on its own but rather is a modifier added onto a criminal or municipal charge. If you are charged with an offense against a person with whom you share a domestic relationship, the State will add a modifier of “domestic abuse.” Here are three important facts about domestic abuse charges you might not know: 1. Domestic Abuse Doesn’t Always Involve Physical Violence…

Oct 4, 2016

There are few things more stressful than being charged with a crime, especially a felony. A felony means you are facing time in prison, with no work release and very little opportunity to see your family and loved ones. Choosing the right attorney to guide you through this process can make all the difference. When consulting with attorneys, consider three main things: location, reputation, and personality. 1. Location – Where will your felony charge play out? There are 72 counties in the…

Sep 23, 2016

When someone is found guilty of a crime, the next step is sentencing in court. Did you know that in Wisconsin all judges, before they sentence a defendant, must consider the same three factors? It’s true! Whether you’re in Milwaukee or Waukesha County, if you’re being sentenced for a crime, it doesn’t matter if it is first degree intentional homicide or a second offense drunk driving: all judges must consider the same factors. How does a judge determine my sentence? The…

Sep 19, 2016

During Arrest for OWI/Drunk Driving, Drug Possession and other charges, there are circumstances in which you are entitled to your Miranda rights. TV vs. Your Local Waukesha & Milwaukee Police Departments On television shows, we see that as soon as people are arrested, they are given their Miranda rights. The suspects are placed in handcuffs and then led into a police car, where on the way to the police car the Miranda rights are read. Usually the audience hears, “You have the right t…

Aug 29, 2016

Wisconsin Attorneys Explain the Interesting Story Behind the Castle Doctrine and What the New Law Means for You Castle Doctrine is now the law-of-the-land in Wisconsin and it affects you and your family each and every day. Our Milwaukee gun lawyers are frequently questioned about the Castle Doctrine. Many people wonder where it came from and what it means, but most importantly people want to know how it affects them. Below, our Wisconsin firearm attorneys explain the interesting backstory of Ca…

Aug 26, 2016

Marijuana charges in Wisconsin can be a minefield. While other states are loosening their marijuana laws or even legalizing it, Wisconsin penalties can still be severe. Marijuana charges in Wisconsin can depend on the amount you possess and the circumstances of your arrest. If you ever get conceited of possession of marijuana, any future offense can even be a felony. If you’ve been charged with drug possession or drug paraphernalia you need Milwaukee criminal defense attorney Tom Grieve --…

Jul 23, 2016

And One Thing To Know About Fighting Your Charge One of the most common questions our Milwaukee criminal defense attorneys hear during an initial client conference is whether it was legal for the police to stop their car. Our OWI lawyers know the answer is complex and is deeply rooted within Wisconsin case law. However, the answer is also found within the “fact pattern” or what happened in each individual drunk driving stop. There are other factors in your case that could impact y…

Jun 23, 2016

If you are caught with narcotics or perscription drugs, your charge can be dropped if the police did not follow proper protocol. Contact Grieve Law for a free initial consultation. Know What to do During a Police Stop One of the most important legal questions about your entire case is whether or not the officers made legal contact with you. If they did not make legal contact with you, for example they conducted an illegal traffic stop, or an illegal stop and search in the street, that could re…

Feb 8, 2016

Don't trust your life to some general practice lawyer. DUI’s and criminal cases are not something that we do: they are basically everything that we do! Free no obligation consult with our team of award winning former state prosecutors for honest answers is just a call away.         Milwaukee Defense Attorney Explains Wisconsin Knife Law Reform Bill Including Knife Law Preemption When Governor Scott Walker signed 2015 Assembly Bill 142 into law on February 6t…

Jan 29, 2016

When you are charged with a drug offenses in Wisconsin, including: Arrested on Drug Charges Milwaukee Attorney Possessing or manufacturing illegal drugs with intent to sell or distribute Possessing narcotics Distributing or selling illegal drugs Conspiracy to a drug crime Maintaining a drug trafficking place Possession of paraphernalia Illegal Possession of Drugs in Wisconsin Marijuana possession Possession of cocaine or intent to distribute cocaine Possession of heroin Pr…

Jan 29, 2016

Don't trust your life to some general practice lawyer. DUI’s and criminal cases are not something that we do: they are basically everything that we do! Free no obligation consult with our team of award winning former state prosecutors for honest answers is just a call away.         Free DUI Consultation: Milwaukee and Waukesha Area The reality of an OWI charge is you were probably not expecting it. A ruined night doesn’t have to turn into a ruined life…

Nov 5, 2015

Wisconsin State Assembly Circulates Bill to Ban Semi-Automatic Assault Weapons Democrats in the Wisconsin State Assembly have begun to circulate a co-sponsored bill authored by Lisa Subeck proposing the ban of certain assault weapons in the state of Wisconsin. The bill would ban the purchase, transportation, possession or transfer of semiautomatic weapons.  Semiautomatic assault weapons have been the subject of debate in accordance with several high-profile shootings around the United Sta…

Jul 21, 2015

Arrested for Drunk Driving in the Milwaukee Area Everyone makes mistakes. Maybe you had a late night out, made the poor decision to drive yourself home, and found yourself facing an OWI 1st offense. Or maybe you’ve made the mistake more than once and got a Wisconsin 3rd OWI. Whatever your circumstances, it is important to act fast and contact a qualified, experienced DUI lawyer to avoid losing your license and facing other severe consequences. An Administrative Hearing is an essential st…

Jul 20, 2015

Wisconsin Criminal Records and Court Records Wisconsin criminal records, including DUI convictions, are available to the public. These public court records include all past misdemeanor and felony convictions, as well as civil actions such as divorce and evictions. Drunk Driving Convictions and Background Checks DUI convictions appear in background checks and on your public record, permanently. There are a variety of organizations and websites through which anyone can look at …

Jul 20, 2015

Drunk Driving Convictions Appear on Public Record If you have a prior OWI conviction, it is part of your public record and may show up on a background check run by potential employers, landlords, educational institutions, and others. An OWI 1st offense may not appear on CCAP because it is not a criminal offense, but if the background check includes the Wisconsin Department of Justice Crime Information Bureau or the Department of Transportation, the charge is more likely to appear. Although the…

Jul 1, 2015

Don’t Incur a 4th of July OWI!  Red, White and Blue Lights in the Rearview Every American enjoys the Fourth of July. Barbeques, parades, backyard games, cutoff shorts and Old Glory. It is our day as a nation to celebrate hard work, freedom and the many things that make our country great. In and around Milwaukee, we have plenty of reasons to celebrate, including good friends and great music at Summerfest. Celebrations often include Libations Unfortunately, July 4th is also the dead…

Jul 1, 2015

Rideshares like Uber and Lyft Reduce Drunk Driving in Milwaukee  Summerfest Partners with Uber to Provide Safe and Reliable Rides Last year in Wisconsin, almost 31,000 people were arrested for driving drunk. 178 people died in alcohol-related accidents, accounting for 32.8% of all traffic deaths. Studies conducted by MADD and national traffic authorities show that after the sun goes down is the worst time to be on the roads, with most DWI accidents occurring between midnight and 3am. Anot…

Jun 24, 2015

Waukesha Drunk Driving Attorney Get OWI Charges Reduced by Challenging Previous Convictions If you have been charged with a 2nd offense DUI or higher in Wisconsin, including counties like Waukesha, Milwaukee, Walworth, Washington, Jefferson, and Dodge, you have the right to use a collateral attack on a prior conviction. A collateral attack is a complicated situation requiring a qualified attorney. If your first conviction ended in a plea instead of a trial, you may be able to argue the plea wa…

May 18, 2015

Don't trust your life to some general practice lawyer. DUI’s and criminal cases are not something that we do: they are basically everything that we do! Free no obligation consult with our team of award winning former state prosecutors for honest answers is just a call away.         The below is intended for informational use only and does not constitute legal advice or an attorney relationship. If you are facing a criminal charge in Wisconsin please contact a…

Apr 28, 2015

Milwaukee DUI Lawyers Explain the Laws and Penalties for Boating DUIs in Wisconsin In Wisconsin, boating laws encourage safety for the operator of the boat as well as for everyone else sharing the water—the same concept as traffic laws. In Wisconsin, a boating DUI has the same BAC limits as traditional DUIs. Our laws say we are operating motor vehicles in an impaired state of mind when our BAC (blood alcohol content) is 0.08% or higher. In Wisconsin, the penalties for a Boat DUI and a t…

Apr 22, 2015

New DUI Laws in Wisconsin Explained by Milwaukee Lawyers Specializing in DUI Cases If you’re driving in this state, it’s best to know Wisconsin DUI laws. The legal limit in Wisconsin, since 2003, when we became the 43rd state to adopt this lower limit, is a blood alcohol content (BAC) of 0.08. Commercial drivers have only half that wiggle room, at a legal limit of 0.04 BAC. Even less wiggle room goes to drivers under 21, who are under a Zero Tolerance policy. Drivers under 21 are on…

Apr 14, 2015

6 Qualities of Great Drunk Driving Attorneys Finding the best DUI lawyer in Milwaukee can be confusing, especially when everyone is shouting the same thing: “We’re the BEST DUI lawyer in Milwaukee!!!” So how can you really decipher the best from the rest? There are certain character traits and professional accomplishments which should be carefully considered when choosing your DUI lawyer. Although everyone has their personal preference on what they want in a DUI lawyer, there …

Mar 5, 2015

Milwaukee Drug Charges Attorney Explains Marijuana Laws and Penalties in Wisconsin Possession of THC, possession of drug paraphernalia, intent to distribute marijuana, growing marijuana, and keeping a drug house are all illegal in Wisconsin and come with harsh consequences. Read below as our Milwaukee drug charges attorney lists Wisconsin marijuana laws and penalties for a variety of charges. Possession of THC Any amount (First offense) – Considered a misdemeanor with a jail …

Feb 6, 2015

Milwaukee DUI Defense Attorney Explains DUI Probation Violation Laws If you’ve received an early parole or DUI probation, the court imposes certain rules you must follow. While every situation is different, common stipulations include mandatory drug and alcohol counseling, random chemical tests, installing an ignition interlock device (IID) in each of your vehicles, and absolute sobriety. While it may feel like returning to freedom, DUI parole violation carries serious ramifications. Pen…

Feb 5, 2015

Milwaukee DUI Lawyer Explains DUI Checkpoint Laws in Wisconsin In 1990, the United States Supreme Court upheld sobriety (DUI) checkpoints as constitutional. Despite this, 12 states, including Wisconsin, banned DUI checkpoints because of concerns they violate the 4th Amendment’s protection against search without probable cause. Just because local legislators have not allowed DUI checkpoints in Wisconsin to be enacted yet doesn’t mean they’ll never happen. While establishing s…

Dec 11, 2014

Wisconsin Gun Lawyer and Milwaukee Criminal Defense Attorney, Tom Grieve, Interviewed by Fox National News on Topic of Home Firearm Search Yesterday, Wisconsin gun lawyer and Milwaukee criminal defense attorney, Tom Grieve, was interviewed by Fox National News. The topic of focus was centered on the Beloit, WI Police Department. Beloit Police Chief, Norm Jacobs, recommended citizens volunteer to have their homes searched by Beloit police officers in an effort to find unknown firearms. Perhaps …

Oct 22, 2014

Milwaukee Drug Lawyer Advises on the Penalties for Possession of Prescription Pills, Including Pain Killers and Other Narcotics Getting caught with prescription drugs like Vicodin, OxyContin, Oxycodone, Adderall, Valium, Percocet, Ambien, etc. spells big trouble. For adults and minors being charged with possession of narcotics penalties will vary on a case-by-case basis. Legal ramifications for drug charges in Wisconsin may be determined by the type of narcotic, the amount in possession, if the…

Jun 10, 2014

Charged with Drunk Driving in Milwaukee or Elsewhere in Wisconsin? Turns out You’re Far from Being the Only One Have you been charged with drunk driving in Milwaukee or elsewhere in Wisconsin? If you have, unfortunately you’re far from being the only one. In the experience of our Milwaukee DUI lawyer the most common cases of those charged with a DUI in Milwaukee last year came people who were: Drunk driving to/from Summerfest Drunk driving to/from a Brewer game, Admirals game or…

Nov 6, 2013

Waukesha Criminal Defense Lawyers Help Your Understand Drunk Driving Consequences in Wisconsin Consequences for DUI charges in Wisconsin vary from county to county, so when facing DUI charges you want the best Waukesha criminal defense lawyers representing you. Suppose a drunk driver gets pulled over for a DUI in Waukesha and another drunk driver gets pulled over for the same reason in a different county. Both drivers are charged with the same drunk driving offense, have the same history and ha…

Oct 28, 2013

Read Important Information Below Waukesha criminal defense attorney takes all OWI cases seriously, from drunk driving to drug possession in Waukesha or anywhere in Wisconsin. The drunk driving charges Waukesha residents receive have been dropped or significantly reduced with the solid defense built by our lawyers. In Wisconsin and 39 other states, the law regarding DUIs was the same. Police could force a chemical (blood) test during a DUI, testing for alcohol or drugs, if they had probable cau…

Oct 10, 2013

For the Firearm Lawyer Milwaukee Trusts, Look to Grieve Law If you are considering the purchase of an NFA item or need information on an NFA trust, our Wisconsin firearm lawyer will answer all of your questions confidentially and at no cost to you. The firearm lawyer Wisconsin trusts is not only one of the best drug possession lawyer in Milwaukee but is also revered as one of the most knowledgeable on Wisconsin firearm laws. You Are Only Guilty If You Are Convicted ® NFA Gun Trusts…

Sep 23, 2013

The Criminal Defense Attorney Waukesha, WI Residents Trust with ALL of Their Legal Matters The Wisconsin firearm lawyer at Grieve Law utilizes years of experience and legal knowledge to protect your firearm rights. This is the same criminal defense attorney Waukesha, WI residents trust to handle their DUI charges, drug possession charges and other serious cases jeopardizing their rights and futures. When you don’t have an extensive understanding of the law, you could lose certain rights…

Sep 12, 2013

Don't trust your life to some general practice lawyer. DUI’s and criminal cases are not something that we do: they are basically everything that we do! Free no obligation consult with our team of award winning former state prosecutors for honest answers is just a call away.         Gun Lawyers in Milwaukee Explain Your Firearm Rights As a Waukesha criminal defense lawyer and Wisconsin firearms attorney, there are some questions I get asked more frequently …

Sep 2, 2013

Second Amendment Lawyers in Milwaukee Defend Your Right to Bear Arms Often, our Milwaukee gun lawyers see people lose their right to possess a firearm, or obtain a Wisconsin conceal carry license without ever knowing it. Other times these individuals accept a plea years or even a decade later without ever understanding what they were losing. There are numerous ways people can lose their 2nd Amendment rights either temporarily or for life. Maybe you got into a fight with your significant othe…

Aug 29, 2013

Waukesha DUI Attorney Provides Valuable Information on the Right to Remain Silent When Pulled Over for a DUI in Wisconsin  In the recent United States Supreme Court case of Salinas v. Texas, the Court ruled a person must specifically invoke their right to remain silent to trigger the right. Below, our Waukesha criminal defense attorneys explain what the right to remain silent in a Wisconsin DUI case can mean for you. Waukesha OWI Lawyer Explains the Right to Remain Silent In the above ca…

Aug 20, 2013

As a Milwaukee firearm attorney I get asked a lot of questions about guns laws in Wisconsin. Many of these questions are the usual technical questions: folks want to know how to apply for a Wisconsin concealed carry permit, where they can legally carry a firearm, how does the castle doctrine work, etc. Others are more nuanced: what exactly did the U.S. Supreme Court rule in the Heller decision? However, perhaps the most frequently asked question by those who do not own guns is why do people need…

Jul 16, 2013

Our Milwaukee DUI Defense Lawyers Keep You Updated on the Latest Wisconsin Drunk Driving Laws Our Milwaukee DUI defense lawyers know there may be three major changes involved in Wisconsin drunk driving laws and operating while intoxicated laws. Lower BAC Levels in Wisconsin The National Transportation Safety Board recommend states lower the prohibited alcohol concentration from .08% to .05%, pointing to the fact that some people are intoxicated at .05%. About 2.7% of those charged with drunk …