tag:blogger.com,1999:blog-24159551673435414732024-02-19T10:48:47.000-06:00Wisconsin Criminal LawVan Wagner & Wood, S.C. is a Wisconsin based criminal defense law firm located at One North Pinckney Street, Suite 300, Madison, Wisconsin. Van Wagner & Wood attorneys represent people charged with a criminal or drunk driving offenses in the state of Wisconsin. You can contact them 24 hours a day at 1-866-262-4599 or 608-284-1200Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comBlogger55125tag:blogger.com,1999:blog-2415955167343541473.post-58923774056585766092012-10-26T19:17:00.000-05:002012-10-30T11:19:17.192-05:00THE SCORN OF KIDDIE PORN, OR JUST AN INNOCENT MISTAKE, OFFICER?<br />
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“THE SCORN OF KIDDIE PORN, OR JUST AN INNOCENT MISTAKE, OFFICER?”</div>
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Nowadays, it is hardly a secret that many internet users spend time looking at “adult content” websites, including lawful, legal adult imagery – in other words, they look at online pornography, or “internet porn”. Well, guess what? Many of these sites use pages and pages of alluring “thumbnails” that, at times, also contain illegal images of <a href="http://www.vanwagnerwood.com/CM/Custom/CHILD_PORN.asp">child pornography</a> or “<a href="http://www.vanwagnerwood.com/CM/Custom/CHILD_PORN.asp">kiddie porn</a>,” for short. Other such sites quickly link you to pop-up pages that do the same. Concerning? You bet. That means that if you (“Me? Why, never, of course”) or anyone you know (the “I have a friend…” call) ever takes a quick look at human nakedness on line, at work or at home, there is a risk that an illegal child porn image will have been displayed on your computer. Yep. That can happen. And anything, including each and every such thumbnail image, that is displayed on your PC (or iPad or tablet or iTouch or smart phone) screen is ALSO then stored in the temp or the cache files on that gadget’s hard drive. “X-ing out” of it, or deleting it, or closing the page, or navigating away from it, though, does NOT mean that this possibly unseen but potentially illegal imagery is also no longer “there”. It often is. And it remains even after a cache file or temp file “clean up”, at least if that gadget’s hard drive is ever inspected by a forensic computer expert. </div>
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Scared yet? After all, Halloween and Freakfest are almost here. Read on… because it gets more frightening than that. Well, friends, that is not your only concern. (Or “your friend’s”.) </div>
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You see, last April, the law in Wisconsin changed to require – that’s right, “REQUIRE” – that anyone who knowingly possesses, or in other words, is caught with even one such illegal image on their whatever gizmo, must, repeat MUST, spend three years in prison. Waupun. Dodge. For “kiddie porn.” JUST ONE.</div>
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Why should you care? Well, maybe you shouldn't, because maybe you are a member of that population group that is able to avoid simple temptation and therefore does not, never will, and just couldn't look at adult porn. </div>
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But if you are not so disciplined, or in other words, if you are a mere mortal, then you should keep this in mind. You see, there could come a day when an officer calls you, or knocks on your door – or knocks DOWN your door (armed with a search warrant for your PC or other gizmos, and they take them all) – and then manages to find or recover or uncover evidence that your gizmo has illegal child porn imagery on it. This may seem an unlikely scenario, and it may be. But others may also use your PC or other web access device, and what if they do so? Or what if they use your wireless router signal to log on to such sites or worse, real kiddie porn sites? And leave the IP address (your internet access “address”, practically speaking) that is yours and yours alone?? </div>
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There is no simple answer. But there are some basic pieces of advice to heed. </div>
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First, if you think your PC is infected, for goodness sake, don’t take it right down to the police or the local repair shop; they WILL find it and they WON’T believe you when you say you had no idea. Turn off the machine. Call a lawyer who knows what to do. Not a prosecuting attorney, mind you, but a skilled, knowledgeable criminal defense attorney. </div>
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Second, if you actually face possible investigation or, worse, child porn charges, well, then, immediately consult with an experienced criminal defense attorney – one who has handled this situation and these cases in the past. </div>
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Third, do not make any, any, or ANY statements to the police (or to your employer or your ex or your not-so-best friend, if that is who is asking) unless and until you have consulted with an attorney with clear experience in defending these types of cases. Silence is golden here, until you have real legal advice. And it is allowed, too. </div>
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Oh, well, actually, there is one easier, simpler, if less desirable solution. DON’T LOOK AT PORN ON THE WEB. ANY! Yep. That is it. that is your “easy” button. Hmmm…</div>
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<li><a href="http://www.vanwagnerwood.com/Bio/ChristopherVanWagner.asp">Chris Van Wagner</a>, at <a href="http://www.vanwagnerwood.com/">Van Wagner & Wood, S.C., Madison, WI</a> (an attorney with vast experience sagely advising folks who have “a friend” who looks at questionable web “stuff” and with even more experience successfully representing folks who are sometimes their own worst enemy, but at other times, wrongly accused.)</li>
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<br />Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comtag:blogger.com,1999:blog-2415955167343541473.post-43328199209436695242011-11-04T18:45:00.003-05:002011-11-04T23:48:16.479-05:00When can you pull the gun?<strong><em>Caller: What is the definition of the word threatened? What does it mean? When can you pull the gun?</em></strong><br /><br />If a person is carrying concealed, they will be more likely to use a gun to protect themselves.<br /><br />There are two elements to <a href="http://www.vanwagnerwood.com/CM/Custom/Mitigating-Circumstances.asp#SelfDefense">self defense</a>. The first is that you sincerely believe that you are in a situation in which you will be killed, nearly killed or very seriously injured. The second is that your belief that you were at great risk was reasonable under the circumstances.<br /><br />The type of situation then that might give rise to that type of situation for pulling the gun is one in which there is eminent danger such that you believe you will be killed or gravely injured. It means that your life, or the life of someone else in your presence, is in immediate deadly danger.<br /><br />Every person in possession of a concealed weapon should have a number handy of a <a href="http://www.vanwagnerwood.com/Bio/ChristopherVanWagner.asp">criminal defense lawyer</a> who is experienced in both defending people against criminal charges and with Wisconsin's various gun laws so that you can call them if ever you should use your gun to protect yourself.Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comtag:blogger.com,1999:blog-2415955167343541473.post-13102748170228182872011-11-04T18:40:00.001-05:002011-11-04T23:28:35.651-05:00Carrying Concealed Weapon Law & Protecting Family, Home & Property<strong><em>Caller: Can I use a gun to protect my family in my home and my property with the new <span id="SPELLING_ERROR_0" class="blsp-spelling-error">CCW</span> law?</em></strong><br /><br />Let’s break that down into two questions. First, does the new concealed carry law allow you to protect your family in your home?<br /><br />You have always had a right to <a href="http://www.vanwagnerwood.com/CM/Custom/Mitigating-Circumstances.asp#SelfDefense">protect your loved ones in your home</a>. If you are in your home, and someone puts you into a situation in which you believe your life or the life or lives of your family are in peril, in very immediate danger of death or very serious bodily injury, and your beliefs are reasonable under the circumstances, you have a right to defend yourself or another.<br /><br />Under Wisconsin law, your <a href="http://www.vanwagnerwood.com/CM/Custom/Mitigating-Circumstances.asp#SelfDefense">right to defend yourself</a> by use of up to blunt force is extended to those people in your presence whom are in the same danger. Be careful in how you read this, and know that it is not legal advice. If you are in a situation in which your wife's life, for example, who is lying in bed next to you, or your daughter's life who is in bed in the room across the hall, and a person has placed their lives in immediate danger by pointing a weapon at them with an apparent intent to take their life, your right to defend yourself extends to your right to defend them.<br /><br />If you are in your home and your home is surrounded by a dozen people even if they are carrying guns, you wouldn't open fire on them; you would call 911. Twelve to one odds are just not good odds to hope to protect yourself against them.<br /><br />And second, does the new law allow you to <a href="http://www.vanwagnerwood.com/CM/Custom/PROPERTY_CRIMES.asp">protect your property</a>?<br /><br />Your property includes your home and the land surrounding it, as well as any real or personal items on it. So, your question is if the new law allows you protect personal and real property?<br /><br />Clearly, the new law <span id="SPELLING_ERROR_1" class="blsp-spelling-error">isn</span>’t meant to encourage people to patrol their property and shoot anyone that crosses the line, and it <span id="SPELLING_ERROR_2" class="blsp-spelling-error">isn</span>’t meant to encourage folks to take up weapons to resolve conflicts. The best way to resolve conflicts is to talk through them. It also <span id="SPELLING_ERROR_3" class="blsp-spelling-error">isn</span>’t wise to brandish a handgun without cause.<br /><br />The intent of the new law is to allow people to carry a weapon on their person or in their proximity to protect themselves if the situation arises, and we all hope it won’t arise for anyone.<br /><br /><strong><em><span id="SPELLING_ERROR_4" class="blsp-spelling-corrected">Helpful</span> information:</em></strong><br /><a href="http://www.vanwagnerwood.com/CM/Custom/Mitigating-Circumstances.asp#SelfDefense">Self defense</a><br /><a href="http://www.vanwagnerwood.com/CM/Custom/PROPERTY_CRIMES.asp">Criminal property damage</a><br /><br />Self defense is an affirmative defense, which means that it is an <span id="SPELLING_ERROR_5" class="blsp-spelling-corrected">omission</span> to having committed murder which you claim to be a justifiable homicide.Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comtag:blogger.com,1999:blog-2415955167343541473.post-16678915918513484292011-11-04T18:30:00.003-05:002011-11-05T00:31:50.391-05:00Permits For Prior Law Enforcement Officers<strong><em>Caller: Will I have an advantage in getting a concealed weapons permit because I have prior law enforcement training? </em></strong><br /><strong><em></em></strong><br />According to the State of Wisconsin Department of Justice website, prior law enforcement training is one of the criteria for proving that a person has had prior gun safety training.<br /><br />Notably, there may be instances in which a person with previous law enforcement training might not be able to obtain a concealed carry permit.Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comtag:blogger.com,1999:blog-2415955167343541473.post-38157208947853514232011-11-04T18:23:00.001-05:002011-11-05T16:21:29.582-05:00Accidental Death with Concealed Weapon Usage<strong><em>Caller: What happens if you miss and do property damage or kill or injure another person?</em></strong><br /><br />If you are going to use a deadly weapon, you must be prepared to defend your actions after the fact.<br /><br />This BLOG does not provide legal advice, so think of this as fatherly or brotherly advice: if you are ever in any type of situation in which you may be charged for a criminal offense, the first and best act you can take is to contact a <a href="http://www.vanwagnerwood.com/CM/Custom/TOCAboutUs.asp">criminal defense lawyer</a> and demand to have that <a href="http://www.vanwagnerwood.com/CM/Custom/Constitutional-Right-Legal-Representation.asp">lawyer present during all questioning</a>.<br /><br /><strong><em>Helpful information:</em></strong><br /><a href="http://www.vanwagnerwood.com/CM/Custom/PROPERTY_CRIMES.asp">Criminal property damage</a><br /><a href="http://www.vanwagnerwood.com/CM/Custom/Mitigating-Circumstances.asp#PreventFelony">Prevention of a felony</a><br /><a href="http://www.vanwagnerwood.com/CM/Custom/Mitigating-Circumstances.asp#SelfDefense">Self defense</a><br /><a href="http://www.vanwagnerwood.com/CM/Custom/Unintentional_Homicide.asp">Intentional vs. unintentional homicide</a><br /><a href="http://www.vanwagnerwood.com/CM/Custom/Negligent_Homicide.asp">Negligent homicide</a>Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comtag:blogger.com,1999:blog-2415955167343541473.post-37325851071435324922011-11-04T18:20:00.001-05:002011-11-04T23:41:35.862-05:00Is an empty gun in a case concealed?<span style="font-family:georgia;"><strong><em>Caller: I have a question about concealed carry. If you have an empty gun in a case, is it still considered to be a concealed weapon if I am in a car with it or walking around with it? Is a fully encased and unloaded weapon still a concealed weapon?</em></strong></span><br /><br />Regardless of whether your handgun is loaded or unloaded, it is still a weapon. If you carrying it concealed, it is a concealed weapon. A weapon in a car's glove box, trunk or under a seat is a concealed weapon. A weapon lying on the seat isn't concealed, but it is a weapon and you are '<a href="http://www.vanwagnerwood.com/CM/Custom/felon-in-possession-firearm.asp">carrying a weapon</a>' if it is within your proximity. Even <a href="http://www.vanwagnerwood.com/CM/Custom/felon-in-possession-firearm.asp">fully disassembled weapon</a> has been considered to be a weapon by the Supreme Court.<br /><br />Notably, you might not want to cruise around with a gun on your front seat.Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comtag:blogger.com,1999:blog-2415955167343541473.post-75537376913157100952011-11-04T18:12:00.000-05:002011-11-04T23:08:36.659-05:00Carrying Concealed in a Vehicle<strong><em>Caller: Can I carry concealed in a vehicle?</em></strong><br /><br />If you have a license to carry a concealed weapon, it applies to carrying a concealed weapon in your vehicle.<br /><br />Under Wisconsin laws, you can be charged with carrying a concealed weapon if you do not have a license to carry a concealed weapon and the weapon is concealed in your vehicle, in the glove box, under the seat, in the truck or on your person.<br /><br />Wisconsin's Carrying a Concealed Weapon law does not apply to long guns or sawed off guns; it only applies to handguns and the right to carry a handgun in a concealed manner.Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comtag:blogger.com,1999:blog-2415955167343541473.post-23432440748196087752011-11-04T18:06:00.001-05:002011-11-04T21:20:18.541-05:00Using Your Carrying Concealed Weapon License<strong><em>Caller: If you have a CCW license, do you have to use the license when carrying?</em></strong><br /><br />If you are walking down the street and someone sticks you up, and you realize that you need to pull out and use your gun or be killed, if you reasonably fear serious bodily injury or death, you are then entitled to use blunt force to protect yourself including mortal force. There is no duty to retreat in Wisconsin.<br /><br /><strong>You don't have to talk to anyone, including police, without your lawyer present. </strong>Having your attorney present is your <a href="http://www.vanwagnerwood.com/CM/Custom/Constitutional-Right-Legal-Representation.asp">Constitutional Right</a>; assert it in all instances in which any law enforcement agent wants to question you. You can say, "<em>I will be happy to answer your questions, but I need to get my lawyer here for that.</em>" If you use your weapon - even justifiably, you should have your lawyer present in answering questions.<br /><br />If police ask to <a href="http://www.vanwagnerwood.com/CM/Custom/Search-Seizure.asp">search</a> you, you <strong>need not consent to the search</strong>. You may not want to consent to the search for various reasons such as if there might be contraband in a pocket that you aren't aware was placed there.<br /><br />If you have used your weapon even in <a href="http://www.vanwagnerwood.com/CM/Custom/Mitigating-Circumstances.asp">self defense</a>, you should <a href="http://www.vanwagnerwood.com/CM/Custom/Contacts.asp">immediately contact your lawyer</a> before notifying police.<br /><br />The simple act of pointing a gun has been charged as <a href="http://www.vanwagnerwood.com/CM/Custom/first-second-degree-reckless-injury.asp">reckless endangerment</a> in the state of Wisconsin and most notably in Madison. You should not speak with law enforcement without your attorney present. <br />If you plan to apply for a concealed weapons permit and carry a concealed weapon, you should also carry the name and number of your criminal defense lawyer for situations that might arise.<br /><br />Van Wagner & Wood can be contacted 24 x 7 x 365 by calling the main telephone number (608-284-1200 or 1-866-262-4599). If you call after regular hours, please clearly state your name, number and message.Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comtag:blogger.com,1999:blog-2415955167343541473.post-20422487904228489232011-11-04T18:03:00.005-05:002011-11-04T20:59:41.697-05:00Carrying Concealed Weapon: Use & Judges<strong><em>Who decides who will judge you? The caller states, "If I use my concealed weapon, who will judge whether it was reasonable?"</em></strong><br /><br />If you are <a href="http://www.vanwagnerwood.com/CM/Custom/CRIMINAL_CHARGES.asp">charged with a crime</a> - a <a href="http://www.vanwagnerwood.com/CM/Custom/Homicide.asp">homicide</a> in the context of the caller's question - you have a <a href="http://www.vanwagnerwood.com/CM/Custom/Constitutional-Right-Legal-Representation.asp">right</a> to face your accusers and to have a decision made about the reasonableness of your actions (which ultimately determines whether you are found guilty or not guilty of the criminal charge or charges), and you have a right to a <a href="http://www.vanwagnerwood.com/CM/Custom/trial_proceedings.asp">trial by a jury</a>.<br /><br />The term 'a <a href="http://www.vanwagnerwood.com/CM/Custom/trial_proceedings.asp">jury of your peers</a>' often leads people to believe that the jurors will be people of like interests and concerns. But the reality is that the jury of your peers in Madison, Wisconsin, for example, aren't going to be 12 members of the <a href="http://home.nra.org/#/home">NRA</a>, like you; they'll be a mix of men and women, old and young, some tied to the University and the vast majority from within the confines of the belt line.<br /><br /><strong><em>Helpful information:</em></strong><br /><a href="http://home.nra.org/#/home">National Rifle Association</a><br /><a href="http://www.vanwagnerwood.com/">Wisconsin Criminal Defense Lawyers</a>Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comtag:blogger.com,1999:blog-2415955167343541473.post-28889823521404843552011-11-04T18:01:00.001-05:002011-11-05T01:17:23.375-05:00Carry Concealed with Florida permit?<strong><em>Can I carry concealed in the state of Wisconsin if I have a concealed carry permit from Florida?<br /></em></strong><br />No. According to the <a href="http://www.doj.state.wi.us/dles/cib/ConcealedCarry/ccw-faq-20111020.pdf">State of Wisconsin Department of Justice</a> website, Wisconsin does not recognize permits from any other state. Any person who wishes to carry concealed within the state of Wisconsin must apply for, be granted and carry a permit issued by the state of Wisconsin before they carry concealed.Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comtag:blogger.com,1999:blog-2415955167343541473.post-21643609432343552512011-11-04T17:58:00.001-05:002011-11-05T16:28:46.940-05:00Castle Doctrine & Concealed Carry<strong><em>Caller: What is my castle? I live in low income housing and manage the complex. Is it the apartment complex I manage my castle? Can I carry concealed on the complex?</em></strong><br /><br />Let’s break down the questions.<br /><br /><strong><em>First, what is your castle?</em></strong><br /><br />Your castle is your home.<br /><br /><strong><em>Next, is the apartment complex that you manage your castle?</em></strong><br /><br />No, it is not your home.<br /><br />If you live in an apartment at that complex, your apartment is your castle. People who rent an apartment live in the apartment as their home, hence it is their castle and they are entitled to all the rights and privileges of using it as their home including protecting themselves or their family while in it.<br /><br /><strong><em>Can I carry concealed on the apartment complex?</em></strong><br /><br />While you may have a right to protect yourself – even defend yourself with lethal force – at the apartment complex such as if a person were in your rental office pointing a gun at you, I’d be very careful not to go around the apartment complex with a gun on my side.Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comtag:blogger.com,1999:blog-2415955167343541473.post-26848758692448371272011-11-04T17:55:00.005-05:002011-11-04T21:04:42.545-05:00Carrying and Using Concealed Weapon in Self Defense<strong><em>Suppose I protect myself and shoot and kill an attacker? I assume the police will <span id="SPELLING_ERROR_0" class="blsp-spelling-corrected">confiscate</span> my firearm, and I'll be arrested. True?</em></strong><br /><br />After shooting, you would holster your weapon, call 911 and explain that there has been a shooting in which someone was attacking you and you were forced into a situation of self defense or be killed and you used your handgun to protect yourself; in the process of defending yourself, the attacker was shot and (injured/is believed to be dead/killed, depending on the situation).<br /><br />In the situation in which you feel you did what you believed was right, if you can state the facts under the stress of the situation, then you would call 911.<br /><br />The reality is that most people won't be able to state the facts of a very stressful situation after having shot and killed another person and not make statements or use wording that may get them charged with a crime. For example, if a person broke into a lawyers' home and the lawyer shot and killed the intruder, the lawyer would - without a doubt - call 911 and state the above information as it applied to the situation and then call his or her <a href="http://www.vanwagnerwood.com/Bio/ChristopherVanWagner.asp">criminal defense attorney</a> before answering any questions. Remember, <span id="SPELLING_ERROR_1" class="blsp-spelling-corrected" style="color:#990000;"><strong><em>EVERYTHING</em></strong></span> you say <span style="color:#990000;"><strong>WILL BE HELD AGAINST YOU IN A COURT OF LAW</strong></span>.<br /><br />Whether the police will confiscate your weapon will depend upon the situation. You should be prepared to have your weapon confiscated, and you should if you plan to carry concealed have the name and number of a criminal defense lawyer with you for situations such as this.<br /><br />Live BLOGGING Vicki <span id="SPELLING_ERROR_2" class="blsp-spelling-error">McKenna</span> and <a href="http://www.vanwagnerwood.com/Bio/ChristopherVanWagner.asp">Attorney Christopher T. (Chris) Van Wagner</a> on <span id="SPELLING_ERROR_3" class="blsp-spelling-error">WIBA</span>. Join the streaming live talk show now at <a href="http://www.iheart.com/">http://www.iheart.com/</a>.Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comtag:blogger.com,1999:blog-2415955167343541473.post-63718766672084055792011-11-04T17:36:00.001-05:002011-11-05T00:53:50.366-05:00Is Open Carry Legal?<strong><em>Caller: Is open carry legal?</em></strong><br /><br />Open carry has always been legal. You have a right to carry openly. Keep in mind that you might violate DNR rules. The new concealed carry law does not apply to long or sawed off guns; it only applies to handguns.<br /><br />But what happens if you are in a situation in which a disorderly situation arises? For instance, say that you have a weapon on your person in a public place and someone near you is offended by the sight of the gun and creates a disorderly situation. Under Wisconsin disorderly conduct laws, you may have created an 'other disorderly conduct' situation. You would then have to defend yourself against the disorderly conduct charges.<br /><br /><a href="http://www.vanwagnerwood.com/Bio/ChristopherVanWagner.asp">Attorney Christopher T. (Chris) Van Wagner</a> was a guest on Vicki McKenna's Upfront Talk show on WIBA.Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comtag:blogger.com,1999:blog-2415955167343541473.post-69521505765035659122011-11-04T17:30:00.002-05:002011-11-05T01:14:40.288-05:00Carrying Concealed in Wisconsin with Iowa Permit?<strong><em>Caller: I am a resident of Iowa, moving to Wisconsin. I have an Iowa permit. Can I carry concealed in Wisconsin with my Iowa permit? Under Iowa law, you can use your DD214; does that apply in Wisconsin?</em></strong><br /><br />Let's separate these questions.<br /><br /><strong><em>Can a person with a permit to carry concealed from Iowa carry concealed in Wisconsin?</em></strong><br /><br />No. Wisconsin law requires a person who wishes to carry concealed in Wisconsin to apply for, be approved for and carry a license issued by the State of Wisconsin Department of Justice to carry a concealed weapon.<br /><br />The <a href="http://www.doj.state.wi.us/dles/cib/ConcealedCarry/ccw-faq-20111020.pdf">State of Wisconsin Department of Justice</a> has identified the states that require similar background checks. In the future, the Wisconsin <a href="http://www.doj.state.wi.us/dles/cib/ConcealedCarry/ccw-faq-20111020.pdf">DOJ </a>may enter into reciprocity agreements with those states, but you should not rely upon rumor or websites to verify whether such privileges exist; everyone should check the laws of the state in which they wish to carry concealed.<br /><br /><strong><em>Does a DD214 qualify one for a concealed carry license?</em></strong><br /><br />A DD214 is the form giving to people when they separate from a military position.<br /><br />According to the State of Wisconsin Department of Justice website, one of the valid proofs of having completed gun safety training is a DD214. In cases where a DD214 is accepted as proof of having completed a gun safety training course, there are other background checks that must be conducted before an application is approved. Notably, there may be situations in which a DD214 will not suffice.<br /><br /><strong><em>Helpful information:</em></strong><br /><a href="http://www.doj.state.wi.us/dles/cib/ConcealedCarry/ccw-faq-20111020.pdf">State of Wisconsin Department of Justice website</a>Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comtag:blogger.com,1999:blog-2415955167343541473.post-4571125321676927852011-11-04T17:24:00.000-05:002011-11-05T00:48:12.581-05:00Can I carry a concealed long gun?<strong><em>Caller: Does a long gun on the rack in my truck constitute a gun under the concealed carry law?</em></strong><br /><br />Wisconsin's new concealed carry law does not apply to any type of long gun (including sawed off guns, shot guns, or rifles); the new law only applies to handguns.Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comtag:blogger.com,1999:blog-2415955167343541473.post-87669845741900416902011-11-04T17:22:00.000-05:002011-11-05T00:38:00.143-05:00Can I keep a loaded gun in my home?<strong><em>Caller: Can I keep a loaded gun in my home?<br /></em></strong><br />Yes, the concealed weapon law didn't give you that right; you have always had that right.<br /><br />The risk you take with a loaded gun in the home is that it may be used inappropriately, such as if children are present.<br /><br />"Protect children from loaded weapons."Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comtag:blogger.com,1999:blog-2415955167343541473.post-38152110055553313132011-11-04T17:16:00.003-05:002011-11-05T16:23:53.755-05:00Carrying Concealed Weapon on Business Premises<strong><em>Caller: If I own a store and allow people to come in with concealed carries and someone gets shot, am I, as the business owner, liable for the shooting or killing? Am I responsible for searching people for concealed weapons to ensure they <span id="SPELLING_ERROR_0" class="blsp-spelling-error">aren</span>’t carrying?<br /></em></strong><br />If you <span id="SPELLING_ERROR_1" class="blsp-spelling-error">didn</span>’t do anything wrong, you would not have any liability.<br /><br />Wisconsin’s concealed carry law gives people the right to a carry concealed weapon; you don’t give them the right to do so by posting a sign. You can post a sign warning that there may be concealed weapons on the premises, but you <span id="SPELLING_ERROR_2" class="blsp-spelling-error">aren</span>’t required to do so. You can also post a sign prohibiting concealed weapons, but you <span id="SPELLING_ERROR_3" class="blsp-spelling-error">wouldn</span>’t be liable for any resulting shooting if someone brought a concealed weapon onto the premises.<br /><br />I, personally, would not attempt to search people for a concealed weapon.<br /><br /><strong><em>Caller: Conversely, if I prohibit concealed carry and someone ends up using the weapon, can i be sued for the use of a weapon?</em></strong><br /><br /><span style="font-size:12.0pt;font-family:"Times New Roman","serif"; mso-fareast-font-family:Calibri;mso-fareast-theme-font:minor-latin;mso-ansi-language: EN-US;mso-fareast-language:EN-US;mso-bidi-language:AR-SA">So long as you as the store owner does nothing negligent, careless, reckless or just plain wrong, she or he couldn't be held liable for the improper actions of gun-toting customers who, unbeknownst to the store owner, carry in & use a concealed handgun to injure or harm others.</span><br /><br /><strong><em>Helpful information:</em></strong><br /><a href="http://www.vanwagnerwood.com/CM/Custom/Criminal-Negligence.asp">Ordinary care</a><br /><a href="http://www.vanwagnerwood.com/CM/Custom/Criminal-Negligence.asp">Criminal negligence</a><br /><a href="http://www.vanwagnerwood.com/CM/Custom/Mitigating-Circumstances.asp#SelfDefense">Self defense</a><br /><br /><a href="http://www.vanwagnerwood.com/Bio/ChristopherVanWagner.asp">Attorney Chris Van Wagner</a> was a guest on <a href="http://www.wiba.com/main.html">Vicki McKenna</a>'s Friday, November 4, 2011 show. They took questions from callers and <a href="http://www.sigmaonegroup.com/">Sigma One Group</a> BLOGGed the answers live.Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comtag:blogger.com,1999:blog-2415955167343541473.post-16669966606830693822011-11-04T17:12:00.000-05:002011-11-04T21:08:23.811-05:00Can Holdover Tenants Shoot Landlords Under Castle Doctrine?<strong><em>More Blogging Live with Vicki McKenna and Attorney Christopher T. Van Wagner</em></strong><br /><br /><strong><em>Caller: Chris, you touched on the landlord situation, but I have more questions on it. If I have a problem tenant and give him a 10 day notice, and I go to inspect the property after giving proper notice, and he shoots me for going into his home, what is the situation there with the new Castle law?</em></strong><br /><br />First, the Castle Doctrine (Wisconsin Legislative Bill AB69) has not yet passed at the time of this broadcast, and Attorney Van Wagner has not read the bill in its entirety.<br /><br />Under current Wisconsin law, your remedies do not include your own use of force against the tenant; you would have to call upon the Sheriff to assert your right to inspect the property.<br /><br />A tenant has a legal right to be on the property until such time that the tenant's right to possess has ended; a tenant's right to hold possession can be extinguished by notice upon the date on which that right ends.<br /><br /><a href="http://www.vanwagnerwood.com/">VWW </a>is not a landlord-tenant law firm, but speaking from the <a href="http://www.vanwagnerwood.com/">criminal</a> aspects of the question, a landlord shouldn't go into an apartment outside of law. If I had an apartment to show, I would ask permission to show the apartment and set a time to show it so that my visit wasn't a surprise.<br /><br />Here you are asking if the holdover tenant can shoot you for entering the apartment without prior and proper notice to the tenant even if a holdover tenant. The answer would be no. There is nothing in current law that would protect the tenant if the tenant shot you if s/he knew that you were coming in to show the apartment.<br /><br />If you know that the tenant is a problem person, taking any unnecessary risk such as entering the apartment without prior notice would be very risky on your part, and you do not have a right to protect that apartment as though it were your home and go in brandishing a weapon or even with a concealed weapon with an intent to use it.<br /><br />Helpful information:<br /><a href="http://www.vanwagnerwood.com/CM/Custom/Mitigating-Circumstances.asp#SelfDefense">Self Defense Laws in Wisconsin</a><br /><a href="http://www.doj.state.wi.us/dles/cib/ConcealedCarry/concealed-carry-application-11-11.pdf">Carrying A Concealed Weapon License</a>Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comtag:blogger.com,1999:blog-2415955167343541473.post-60591585730471963582011-11-04T17:10:00.003-05:002011-11-05T16:25:55.544-05:00Attorney Chris Van Wagner Guest on Vicki McKenna's Upfront Talk<a href="http://www.vanwagnerwood.com/Bio/ChristopherVanWagner.asp">Attorney Christopher T. (Chris) Van Wagner</a> will be on WIBA with Vicki McKenna at 5 PM today talking about <a href="http://wisconsincriminallaw.blogspot.com/2011/11/prudent-cautions-when-carrying.html">Wisconsin's Carrying Concealed Weapon law</a> and cautions you should take if you should be stopped by police while carrying concealed. You can listen live on WIBA at <a href="http://www.wiba.com/main.html">http://www.wiba.com/main.html</a>. Great BLOG Post at <a href="http://wisconsincriminallaw.blogspot.com/2011/11/prudent-cautions-when-carrying.html">http://wisconsincriminallaw.blogspot.com/2011/11/prudent-cautions-when-carrying.html</a>. <div><br /></div><div>To read all of the live BLOG posts from the show, select Carrying Concealed to the right.</div><div><br />WIBA-AM<br />www.wiba.com<br />News/Talk 1310..</div>Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comtag:blogger.com,1999:blog-2415955167343541473.post-11618105678567905382011-11-04T15:50:00.004-05:002011-11-04T17:10:15.048-05:00Prudent Cautions When Carrying A Concealed Weapon<h2><em><strong>CCW: Carrying A Concealed Weapon - Wisconsin Law</strong></em></h2><br /><p>On November 1, 2011, Wisconsin joined 48 other states in becoming a concealed carry gun law state. All Wisconsin residents who wish to carry a concealed weapon in Wisconsin MUST have a Wisconsin Concealed Carry License, even if that individual holds a valid concealed carry license from another state (<a href="http://www.doj.state.wi.us/dles/cib/ConcealedCarry/ConcealedCarry.asp">DOJ</a>).</p><br /><h3>Carry Concealed Weapon Licenses</h3><br /><p>The <a class="bluelink" href="http://www.doj.state.wi.us/dles/cib/ConcealedCarry/concealed-carry-application-11-11.pdf">Concealed Carry Application Form</a> is available online. See <a href="http://www.doj.state.wi.us/dles/cib/ConcealedCarry/ConcealedCarry.asp">DOJ site for printing instructions</a>.</p><br /><p>Applicants are required by Act 35 to provide proof of firearms safety training, such as the hunter education program established under Wisconsin Statute 29.591 or a similar program, or an valid (not revoked) concealed carry license from another state or jurisdiction, or proof of military, law enforcement or security firearms training, or a Department of Justice Firearm Safety Course certificate issued by a DOJ certified instructor, or a firearms safety or training certificate. </p><br /><blockquote><br /><p>The Wisconsin Department of Justice (DOJ) estimates that it will issue a minimum of 100,000 permits in 2011, and approximately 50,000 in 2012. </p></blockquote><br /><p><strong><em>Individualized Prohibitions to Concealed Weapons</em></strong> Property owners and lease holders may declare prohibitions of concealed weapons on their premises. Many businesses throughout the state of Wisconsin have already taken a position on the question of whether or not a person may carry a concealed weapon on the premises, so you should look for postings on the front door such as, "Concealed Weapons Prohibited", as well as signs stating, "Warning: Concealed Weapons carried on these premises" or similar wordings. </p><br /><p>In some situations, there may be contradictory permits and prohibitions of carrying concealed weapons. For example, The Senate wants to prohibit concealed carry in its galley, but visitors to the Assembly would be permitted to carry concealed weapons. </p><br /><p>If you are carrying a concealed weapon in an area which does not prohibit doing so, and you need to enter an area that does prohibit carrying of a concealed weapon, you may not enter the prohibited zone with the concealed weapon on your person or in your proximity. </p><br /><p><em><strong>In your proximity means </strong></em>that you can reach it. Reaching it can mean by exerting minimal effort, such as if the gun is located in the back seat of a car and you need to get out of the driver's seat and reach it by opening the back door. 'In your proximity' also includes your glove box of a vehicle, as well as the satchels on the back of a motorcycle. Carrying a weapon on your person falls under the rules for carrying the weapon concealed: if carrying concealed is prohibit on the premises, then one may not carry a weapon exposed on their person such as on a hip belt. </p><br /><h3><strong><em>Carrying Concealed Weapon In Another State</em></strong></h3><br /><p>The State of Wisconsin Department of Justice has identified the other states that conduct similar background checks and administrate similar rules to those of Wisconsin, and for which they will accept a non-revoked concealed weapon license as part of the application process for those wishing to obtain a license to carry concealed in Wisconsin. Those states are: </p><br /><blockquote>Arizona, Arkansas, California, Colorado, Connecticut, Georgia, Hawaii, Idaho, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Montana, Nebraska, New York, North Carolina, North Dakota, Pennsylvania, Tennessee, Texas, Utah, Washington, Wyoming, Puerto Rico, and the U.S. Virgin Islands.</blockquote><br /><p>Notably, a Wisconsin resident must have a Wisconsin concealed Carry license to carry in Wisconsin, even if that person holds a valid concealed carry license from another state. The Wisconsin Department of Justice may form reciprocity agreements with other states, in which instance a Wisconsin license to carry a concealed weapon would be honored by another state or another state's license would be honored by Wisconsin without a separate Wisconsin license, but those reciprocity agreements have not yet been established and nobody should rely upon rumor, websites or any other unofficial material. </p><br /><p>Whether or not a resident of Wisconsin may also carry concealed in another state depends entirely on the laws of that state. A Wisconsin Carry Concealed Weapon license holder should <strong><em>always</em></strong> check with the other state in which they want to carry concealed on the most current laws of that state. </p><br /><h3><strong><em>Concealed Weapon Used In Self Defense</em></strong></h3><br /><p>Previously, a <a href="http://www.vanwagnerwood.com/CM/Custom/Mitigating-Circumstances.asp#SelfDefense">self defense</a> <a href="http://wisconsincriminallaw.blogspot.com/2009/09/yesterdays-shooting-of-apparent-home.html">article was posted in this BLOG</a>. </p><br /><p>Like most responsible armed citizens, you are unlikely ever to need the services of a <a href="http://www.vanwagnerwood.com/Bio/ChristopherVanWagner.asp">Criminal Defense Attorney</a>. Nonetheless, if you should ever feel the need for our help, due to a <a href="http://www.vanwagnerwood.com/CM/Custom/Constitutional-Right-Legal-Representation.asp">police contact</a>, the best things to do include the following: </p><br /><ol><br /><li>Respectfully decline to answer any questions unless & until you <a href="http://www.vanwagnerwood.com/Webemail/FreeConsultationCriminalAttorney.asp">contact your attorney</a>. This is your <a href="http://www.vanwagnerwood.com/CM/Custom/Constitutional-Right-Legal-Representation.asp">right</a>. Assert it. </li><br /><li>Be respectful & cooperative if police have a <a href="http://www.vanwagnerwood.com/CM/Custom/arrest_warrants.asp">search warrant</a>, but respectfully & expressly decline to give consent to any <a href="http://www.vanwagnerwood.com/CM/Custom/Search-Seizure.asp">search</a> of any place, any thing or any vehicle. This too is your right but is always better to say it, so that your failure to do so cannot be interpreted as tacit assent or consent to any <a href="http://www.vanwagnerwood.com/CM/Custom/Search-Seizure.asp">search</a>. </li><br /><li><a href="http://www.vanwagnerwood.com/CM/Custom/Contacts.asp">Call us</a> promptly & formally retain us to represent you in regard to any such <a href="http://www.vanwagnerwood.com/CM/Custom/suspect.asp">investigation</a>. This not just your <a href="http://www.vanwagnerwood.com/CM/Custom/Constitutional-Right-Legal-Representation.asp">right</a> but it is also just plain smart. Unfortunately, at least in regard to police investigations of firearms, it is NOT necessarily true that "good things come to those who wait." </li><br /></ol><br /><p>The best way to reach us, regardless of the time or day, is to call our main telephone number, (608) 284-1200 or toll free at 1-866-262-4599. And feel free to forward a link to this page or our website, <a href="http://www.vanwagnerwood.com/">http://www.vanwagnerwood.com/</a>, along with our contact information, to anyone else who you think might have similar concerns.</p><br /><h3>Helpful Online Information:</h3><br /><p><a href="http://www.vanwagnerwood.com/Bio/ChristopherVanWagner.asp">Attorney Christopher T. (Chris) Van Wagner</a></p><br /><p><a href="http://www.vanwagnerwood.com/">Van Wagner & Wood</a></p><br /><p><a href="http://www.vanwagnerwood.com/CM/Custom/TOCAboutUs.asp">Wisconsin Criminal Defense Lawyers</a> </p><br /><p><a href="http://www.doj.state.wi.us/dles/cib/ConcealedCarry/ConcealedCarry.asp">Concealed Carry License Application</a> </p><br /><p><a href="http://www.doj.state.wi.us/dles/cib/ConcealedCarry/ConcealedCarry.asp">Concealed Carry Law 2011 Wisconsin Act 35</a></p><br /><p><a href="http://legis.wisconsin.gov/lrb/pubs/wb/06wb6.pdf">Concealed Carry Senate Bill history</a> </p><br /><p><a href="http://en.wikipedia.org/wiki/Concealed_carry_in_the_United_States">Summary & History of States with Concealed Carry Provisions</a> </p><br /><p><a href="http://www.vanwagnerwood.com/CM/Custom/felon-in-possession-firearm.asp">Felon In Possession Laws</a> </p>Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comtag:blogger.com,1999:blog-2415955167343541473.post-81981723355589577912011-11-04T12:23:00.000-05:002011-11-04T14:10:30.076-05:00Felony Conviction & Firearm Hunting<strong><em>Q: If I have been convicted of a felony, can I still buy a hunting license in the state of Wisconsin, and hunt during the 2011 deer season?<br /></em></strong><br />If you are asking if you can rifle hunt deer, the answer is no; however, you can hunt deer with a long bow and arrow, recurve bow, compound bow or composite bow. Crossbows are illegal in the State of Wisconsin, with an exception for handicapped people.<br /><br />A person with a felony conviction is legally able to purchase a hunting license in the State of Wisconsin even though they cannot hunt with a gun, nor tag a deer, bear or other game that has been killed with a gun.<br /><br /><strong><em>More short hunting answers:</em></strong><br /><br /><ul><br /><li>Can a convicted felon buy a hunting license? Yes. </li><br /><li>Can a convicted felon possess a rifle, handgun or muzzleloader? No. </li><br /><li>Can a convicted felon join a hunting group? No. </li><br /><li>Can a convicted felon use a bow and arrow to hunt? Yes. </li><br /><li>Can a convicted felon hunt? Yes, so long as he or she does not possess a firearm to do so. </li><br /><li>Can a convicted felon hunt deer? Yes, but not with a firearm (only with a bow & arrow). </li><br /><li>Can a convicted felon hunt with a compound bow? Yes, during bow & arrow season. </li><br /><li>Is a BB gun a firearm? No; BB guns are expressly excluded by Wisconsin legislation as firearms. </li></ul><br /><p>Under Wisconsin laws, it is illegal for a felon to possess a firearm, or for any person to provide a felon with a firearm. <a href="http://www.vanwagnerwood.com/CM/Custom/felon-in-possession-firearm.asp">Wisconsin Statute 941.29(2)</a> expressly prohibits any person who has previously been convicted of a felony offense in any state from possessing a firearm at any time, for any purpose, while in the state of Wisconsin.<br /><br />A <a href="http://www.vanwagnerwood.com/CM/Custom/felony.asp">felon </a>is a person who has previously been convicted of any <a href="http://www.vanwagnerwood.com/CM/Custom/felony.asp">felony</a> offense in this or any other state. A felony conviction includes being found guilty of a felony at trial, pleading ‘guilty’ to a felony offense, and pleading ‘no contest’ to a felony charge and being found guilty of a felony. Additionally, if you plea bargained for a lesser offense, and the lesser offense was a felony, it is still a felony conviction.<br /><br />A felony conviction in another state equally prohibits that felon from <a href="http://www.vanwagnerwood.com/CM/Custom/Hunting-Wisconsin-Firearms-Felons-FAQ.asp">hunting in Wisconsin</a>.<br /><br /><em><strong>Helpful information:</strong></em> </p><br /><ul><br /><li><a href="http://www.dnr.state.wi.us/org/land/wildlife/hunt/">Felon Possession Firearm, Wisconsin Statute 941.29(2) </a></li><br /><li><a href="http://www.dnr.state.wi.us/org/land/wildlife/hunt/">Wisconsin Hunting Laws, Rules & Regulations </a></li><br /><li><a href="http://www.vanwagnerwood.com/CM/Custom/Hunting-Wisconsin-Firearms-Felons-FAQ.asp">Felon Firearm Possession In Other States</a> </li><br /><li><a href="http://drunkdrivinglawwi.blogspot.com/2010/09/are-bb-guns-firearms.html">BB Guns</a> </li><br /><li><a href="http://www.vanwagnerwood.com/CM/Custom/Hunting-Wisconsin-Firearms-Felons-FAQ.asp">Wisconsin No Firearm School Zone</a> </li></ul><br /><p><strong><em>Hunting, Fishing & Trapping Licenses </em></strong></p><br /><ul><br /><li><a href="http://dnr.wi.gov/org/caer/cs/licenserequirements.html#social" target="_blank">Licensing Requirements</a></li><br /><li><a href="http://dnr.wi.gov/org/caer/cs/ArmedForcesPrivileges.html" target="_blank">Armed Forces Privileges</a></li><br /><li><a href="http://dnr.wi.gov/org/caer/cs/bonusAvailability.htm" target="_blank">Antlerless Deer (Bonus) Carcass Tag Availability</a></li><br /><li><a href="http://dnr.wi.gov/org/es/enforcement/safety/bowed.htm" target="_blank">Bow Hunter Safety Education Certification</a></li><br /><li><a href="http://dnr.wi.gov/org/caer/cs/nonrestypes.asp" target="_blank">Conservation Patron License Nonresident</a></li><br /><li><a href="http://dnr.wi.gov/org/caer/cs/licenses/rescpfees.html" target="_blank">Conservation Patron License Resident</a></li><br /><li><a href="http://dnr.wi.gov/org/caer/cs/LicenseAgents/index.asp" target="_blank">CWD Carcass Tag Agents</a></li><br /><li><a href="http://dnr.wi.gov/org/caer/cs/servicecenter/locations.htm" target="_blank">DNR Service Center Locations</a></li><br /><li><a href="http://dnr.wi.gov/org/es/enforcement/safety/duplic.htm" target="_blank">Duplicate Safety Education Certificate</a></li><br /><li><a href="http://prodoasext.dnr.wi.gov/inter1/pk_cwd_eabfront$.startup" target="_blank">Earn a Buck Prequalification</a></li><br /><li><a href="http://dnr.wi.gov/fish/regulations/" target="_blank">Fishing Regulations</a></li><br /><li><a href="http://dnr.wi.gov/org/caer/cs/restypes.asp" target="_blank">Hunting and Fishing License Fees and Information </a>(Resident)</li><br /><li><a href="http://dnr.wi.gov/org/caer/cs/nonrestypes.asp" target="_blank">Hunting and Fishing License Fees and Information</a> (Non-Resident)</li><br /><li><a href="http://dnr.wi.gov/org/land/wildlife/regs/" target="_blank">Hunting Regulations</a></li><br /><li><a href="http://dnr.wi.gov/org/es/enforcement/safety/hunted.htm" target="_blank">Hunter Safety Education Certification</a></li><br /><li><a href="http://dnr.wi.gov/org/caer/cs/disabled.htm" target="_blank">Licenses and Permits for People with Disabilities</a></li><br /><li><a href="http://dnr.wi.gov/org/caer/cs/licenseagents/" target="_blank">License Sales Locations</a> </li><br /><li><a href="http://dnr.wi.gov/org/es/enforcement/instructor.html" target="_blank">Safety Education Instructor Certification</a></li><br /><li><a href="http://dnr.wi.gov/org/land/wildlife/hunt/seasdate.htm" target="_blank">Hunting & Trapping Seasons Dates</a></li><br /><li><a href="http://www.blogger.com/setpole.html" target="_blank">Setline and Bank Pole Licenses</a></li><br /><li><a href="http://dnr.wi.gov/org/land/wildlife/trap/trapeduc/" target="_blank">Trapper Education Certification</a></li><br /><li><a href="http://dnr.wi.gov/org/land/wildlife/TRAP/" target="_blank">Trapping Information</a></li></ul>Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comtag:blogger.com,1999:blog-2415955167343541473.post-81845204998706070642009-09-17T11:52:00.014-05:002009-09-29T10:19:45.879-05:00FITCHBURG INTRUDER SHOOTING: OKAY OR NOT?Yesterday's shooting of an apparent home intruder in an upscale subdivision of Fitchburg, Wisconsin has sparked a raging city-wide, media-saturated debate about using deadly force to defend yourself and your home.<br /><embed style="MARGIN-TOP: 10px; MARGIN-BOTTOM: 10px; MARGIN-LEFT: 15px" height="210" type="application/x-shockwave-flash" align="right" pluginspage="http://www.macromedia.com/go/getflashplayer" width="320" src="http://video.channel3000.com/inline/swf/FlowPlayerLight.swf?config=" scale="noscale" controlbargloss="normal" allowfullscreen="true" allowscriptaccess="always" allownetworking="all"></embed><br />A lot of local residents are offering opinions that range from a far left, anti-gun viewpoint all the way to Dirty Harry threats if they were to confront anyone in their own home under similar circumstances.<br /><br />Here, for those who care, is the basic Wisconsin law on when you may use deadly force - hell, when you can shoot an intruder - in self defense, defense of others, and defense of property. This discussion is drawn right from the approved Wisconsin Jury Instructions on these issues. <strong>Shooting the Intruder - Wisconsin Law of Self Defense & Defense of Others</strong><br /><ol><br /><li>You reasonably believed that someone was actually harming or about to harm you or others (technically, called "interference with your person"). </li><br /><li>You reasonably believed that deadly force (force which is either intended to kill or likely to kill) was needed to prevent great bodily harm to you or others. </li><br /><li>Your belief is reasonable if it is what any average Joe would also believe under exactly the same circumstances; not how a Madison jury of hand-wringers might later feel you should have acted, but viewed strictly from your standpoint in the face of danger. </li><br /><li>In Wisconsin you have absolutely no legal duty to retreat from the threat, although if it was possible to beat a safe, fast retreat that can be considered by those jurors later as one of many circumstances you, the average Joe, faced at that very moment. </li></ol><p><strong>Use of Force in Defense of Your Home - Wisconsin Law</strong> </p><ol><li><em><strong>IT IS NOT OKAY, AND NOT LAWFUL, TO USE DEADLY FORCE JUST TO PROTECT YOUR HOME AND YOUR PROPERTY. PERIOD.</strong> BUT ...</em> (Isn't there always a "but"?) ... </li><br /><li>You CAN use <strong>non-deadly force</strong> to the extent reasonably necessary to stop someone from "unlawfully interfering with" - or, in English, trespassing in or on or stealing from - your home or your property, and that means everyone's property who lives there. </li><br /><li>You must reasonably believe that someone is interfering with your home or your property under all the circumstances - again, not from the standpoint of a later jury but from your precise standpoint at the moment of great decision, as any ordinary Joe would have believed if he stood in your shoes. </li></ol><p><strong>SO ... WHERE DOES THAT LEAVE <em>YOU</em>?</strong> </p><p><span style="color:#333333;">Yes, you can shoot someone who breaks in the house in the middle of the night... IF - and this is a big IF - you reasonably fear death or great harm to you or your loved ones.<br /><br />No, you cannot shoot the "sumbitch" just because he's trying to get in - or out - of your living room or den with the family stereo. Nor can you do so because he won't "git out da yard!"<br /><br />But in the latter case, if he makes a move that puts you in great fear of harm or death, or maybe flashes something akin to a deadly weapon or comes at you, you are within your rights to shoot.<br /><br />So get a 45 magnum? That's a personal choice. Keep in mind that the right to shoot someone and the nerve to shoot someone are two different things - and this isn't deer-hunting, either. So, before you go and stick your friend's Smith & Wesson under the pillow or atop the nightstand, ask yourself: would you? Could you? Because if you are unsure, there is a better than even chance that the only time that 6-shooter will get fired is AT YOU - by the far more criminal-thinking intruder (guns are the most popular item taken in break-in's) or - worse - by a kid who finds it and plays around with it, like kids often do.<br /><br />My two cents: Consider a loud, large, barking dog. Burglars hate 'em. Leave the Dirty Harry stuff for those who are well-experienced with guns and shooting them. Or become that person yourself. And if you do, keep the guns away from those who don't. Like your kids.<br /><br />Relavant information:<br /></span><a href="http://www.vanwagnerwood.com/CM/Custom/Mitigating-Circumstances.asp"><span style="color:#333333;">Self Defense</span></a><span style="color:#333333;"><br /></span><a href="http://www.vanwagnerwood.com/CM/Custom/Intentional_Homicide.asp"><span style="color:#333333;">Intentional Homicide</span></a><span style="color:#333333;"><br /></span><a href="http://www.vanwagnerwood.com/CM/Custom/Homicide.asp"><span style="color:#333333;">Homicide</span></a><span style="color:#333333;"><br /></span><a href="http://www.channel3000.com/news/20949183/detail.html"><span style="color:#333333;">Channel 3 Madison, Fitchburg Intruder Shot & Killed</span></a></p>Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comtag:blogger.com,1999:blog-2415955167343541473.post-62085674222666618722009-02-05T20:13:00.007-06:002009-02-05T20:41:24.862-06:00OWI Initial Appearance Hearing<strong>Appearance Not Required</strong><br /><br />I’ve been charged with a misdemeanor, and my initial hearing is coming up. Will I need to appear in court? By the way, it was a drunk driving third offense.<br /><br />Under Wisconsin law, an attorney can appear on behalf of his or her client on a misdemeanor charge at the initial hearing if the client gives written permission. An OWI 3rd offense is a misdemeanor although there is now-pending legislation that would make a third OWI a felony in Wisconsin.<br /><br />At Van Wagner & Wood, our attorneys always appear on behalf of our clients at the initial hearing in misdemeanor cases.<br /><br />Attorneys cannot appear at the initial hearing in the place of a person who has been charged with a felony offense. A person charged with a felony must appear in court for all hearings unless specifically excused by the court.<br /><br />Helpful information:<br /><a href="http://www.vanwagnerwood.com/CM/PracticeAreaDescriptions/Drunk-Driving.asp">Wisconsin Drunk Driving Defense</a><br /><a href="http://www.vanwagnerwood.com/CM/Custom/trial_proceedings.asp">Criminal Trial Procedures</a><br /><a href="http://www.vanwagnerwood.com/CM/Custom/misdemeanor.asp">Misdemeanor Offenses</a><br /><a href="http://www.vanwagnerwood.com/CM/Custom/felony.asp">Felony Offenses</a>Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comtag:blogger.com,1999:blog-2415955167343541473.post-84394845972241041652008-10-24T07:46:00.000-05:002008-10-24T07:58:53.278-05:00Innocent Until Proven GuiltyIn the Eyes of the Law<br /><br />In the eyes of the law, we are all "innocent until proven guilty", however the reality that occurs in courts across the state of Wisconsin and the nation every day is that an accused person is often assumed to be guilty, and often needs to prove his innocence to a jury in order to avoid a mistaken conviction.<br /><br />In many instances, the laws of Wisconsin require the prosecution to prove an element of a crime beyond a reasonable doubt. Meanwhile, the law provides that the defendant need not prove that the element did not occur or exist. However, many defendants who attempt to represent themselves or hire an attorney experienced in other areas of law find themselves on the short end of the stick when the verdict is read - guilty as charged. And because they did not have an experienced criminal defense attorney beside them to object to the many procedures, rulings and other objectionable aspects of a criminal trial, they have nothing to appeal. If you are a defendant, it may be wise for you to think of the phrase, "innocent until proven guilty" in terms of "defending your innocence". For that, you have but once chance, and it usually requires an experienced, aggressive and previously successful criminal defense attorney to do this for you.<br /><br />If you are facing criminal charges, contact an attorney experienced in criminal law. Most Wisconsin criminal defense attorneys will provide you with an initial free consultation so that you can ask questions about the state's accusations. As always, we invite you to contact our office for a professional, straight-forward honest assessment of your situation and how the law might affect you today and in the future. And you can call on our dime: 1-866-262-4599.<br /><br /><strong>Helpful information</strong>:<br /><a href="http://www.vanwagnerwood.com/CM/Custom/Beyond-A-Reasonable-Doubt.asp">Beyond a reasonable doubt</a><br /><a href="http://www.vanwagnerwood.com/CM/Custom/trial_proceedings.asp">Criminal trials in Wisconsin</a><br /><a href="http://www.vanwagnerwood.com/CM/Custom/grand_jury_proceedings.asp">Grand jury proceedings</a><br /><a href="http://www.vanwagnerwood.com/CM/Custom/sex_crimes.asp">The Sexual Assault Stigma</a>Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.comtag:blogger.com,1999:blog-2415955167343541473.post-41480206144925457182008-09-08T20:24:00.000-05:002008-10-23T22:09:26.991-05:00The Burden of Proof<strong>Why is the burden of proof different for police and prosecutors, or for an arrest or conviction?</strong><br /><br />An arrest is not a conviction. Formal charges are not a conviction.<br /><br />The police are looking for a suspect and information that they can pass to the district attorney - the prosecutor - and say, "this person probably did the crime."<br /><br />The evidence upon which they base those decisions isn't subjected the scrutiny of a jury or judge trial, and in most instances, the person isn't represented by a criminal defense attorney.<br /><br />It is simply enough for the police to be able to say, "we have probable cause" or "this guy probably committed the crime."<br /><br />That's enough evidence to arrest the suspect, charge him or her, and start the prosecution process. Then the suspect is released unless the charge is a felony. That isn't enough evidence to convict the person and take away his or her liberties.<br /><br />Conversely, the district attorney seeks to charge a person with a crime when he or she has been told by the chief of police that they have enough evidence to support the charge and the DA looks at the evidence and concurs. The DA should be more than "probably" sure that the alleged defendant committed the crime. The DA will look at the evidence from the standpoint of the probability of obtaining a conviction.<br /><br />At the next level - the trial - the burden of proof is even higher. At that level, the judge in a bench trial or the jury in a jury trial must be convinced beyond a reasonable doubt that the person committed the crime.<br /><br />A person is innocent until proven guilty. If they are proven guilty, their personal liberties will be restricted. Our system guarantees people who are accused of a crime the right to face their accusers, to cross examine the witnesses that accused them of the crime, to examine the evidence presented against them, and to provide their own witnesses. People also have the right to give testimony on their own behalf or to refrain from taking the stand.<br /><br />That level of proof and cross examination cannot occur in the district attorney's office, nor can it occur in the police station. It can only occur during a trial.<br /><br />During a recent interview by Wisconsin Channel 3000 with <a href="http://www.vanwagnerwood.com/Bio/ChristopherVanWagner.asp">Attorney Chris Van Wagner</a>, TV3000 examined this very issue as it related to a recent arrest of a "suspected" sexual assault offender. Shortly after the arrest, police questioned whether the arrested suspect even could have committed the crime - the facts just didn't fit. Police released their suspect, but tied him to a tether and monitored his actions.<br /><br />In another interview, <a href="http://www.vanwagnerwood.com/Bio/ChristopherVanWagner.asp">Attorney Chris Van Wagner</a> analyzed Scott Jensen's new trial. In that situation, evidence in the first trial that should have been presented to the jury for their consideration was not. When evidence is withheld - particuarly when it is critical to the jury's decision - justice has not been served. See <a href="http://www.vanwagnerwood.com/CM/Custom/TOCHeadlinesAboutUs.asp">Jensen's Trial</a> for more information.Christopher T. Van Wagner, Attorney at lawhttp://www.blogger.com/profile/15741139409735504329noreply@blogger.com