Felony Conviction & Firearm Hunting

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?

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.

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.

More short hunting answers:

• Can a convicted felon buy a hunting license? Yes.


• Can a convicted felon possess a rifle, handgun or muzzleloader? No.


• Can a convicted felon join a hunting group? No.


• Can a convicted felon use a bow and arrow to hunt? Yes.


• Can a convicted felon hunt? Yes, so long as he or she does not possess a firearm to do so.


• Can a convicted felon hunt deer? Yes, but not with a firearm (only with a bow & arrow).


• Can a convicted felon hunt with a compound bow? Yes, during bow & arrow season.


• Is a BB gun a firearm? No; BB guns are expressly excluded by Wisconsin legislation as firearms.

Under Wisconsin laws, it is illegal for a felon to possess a firearm, or for any person to provide a felon with a firearm. Wisconsin Statute 941.29(2) 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.

A felon is a person who has previously been convicted of any felony 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.

A felony conviction in another state equally prohibits that felon from hunting in Wisconsin.

Helpful information:

• Felon Possession Firearm, Wisconsin Statute 941.29(2)


• Wisconsin Hunting Laws, Rules & Regulations


• Felon Firearm Possession In Other States


• BB Guns


• Wisconsin No Firearm School Zone

Hunting, Fishing & Trapping Licenses

• Licensing Requirements


• Armed Forces Privileges


• Antlerless Deer (Bonus) Carcass Tag Availability


• Bow Hunter Safety Education Certification


• Conservation Patron License Nonresident


• Conservation Patron License Resident


• CWD Carcass Tag Agents


• DNR Service Center Locations


• Duplicate Safety Education Certificate


• Earn a Buck Prequalification


• Fishing Regulations


• Hunting and Fishing License Fees and Information (Resident)


• Hunting and Fishing License Fees and Information (Non-Resident)


• Hunting Regulations


• Hunter Safety Education Certification


• Licenses and Permits for People with Disabilities


• License Sales Locations


• Safety Education Instructor Certification


• Hunting & Trapping Seasons Dates


• Setline and Bank Pole Licenses


• Trapper Education Certification


• Trapping Information

OWI Initial Appearance Hearing

Appearance Not Required

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.

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.

At Van Wagner & Wood, our attorneys always appear on behalf of our clients at the initial hearing in misdemeanor cases.

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.

Helpful information:
Wisconsin Drunk Driving Defense
Criminal Trial Procedures
Misdemeanor Offenses
Felony Offenses

Charges: Multiple Counts, Sexual Assault of A Child; Verdict: Not Guilty

Lesson: Less Is More - The 60-second Close

Wise old judges really are sometimes both. A few years back, a wise old judge name “Wright” told me and the prosecutor, just before closings in a homicide trial, that shorter was better and that no closing was the best idea of all. He claimed that jury studies showed that closings never win trials but sometimes lose them. Neither of us took the bait. So I argued in closing for 30 minutes in between the prosecutor’s 95 minute, 2-part stem-winder. (The shorter closing was the winning closing that day, thankfully.)

This week I took the wise old judge's advice in a felony sexual assault trial involving two stepdaughters that each accused my client of years of assaults. I sensed the prosecutor might hold back arguments for rebuttal. But she nonetheless argued well for 45 minutes in her initial closing argument. The jury struggled to pay attention, as they usually do at that point in a trial.

So, after getting my testifying client's approval, I gave a 60-second closing argument. I said simply that the only way to prove you did not do this was to testify, that my client did so, and that I could add nothing to that. I told them of the jury studies' conclusions, as well. I closed with a stern, whispered caution that before they marked my client as a child molester for life, they better be damn sure they were right. And then I sat down.

The jury studies may be right. The jury acquitted on both counts despite my “concession” of closing arguments to the prosecutor.

Simple lesson? Trials are won in jury selection and openings – and sometimes even on the evidence, but not in closing arguments. The latter are mere fodder for TV and press. (Maybe, though, it helps to tell the jury why you are not saying much; and always clear this unusual approach with the client... CYA is good.)

The problem most lawyers have is they fear that being so brief or risky is also setting up a claim of ineffective assistance. That fear is palpable and usually overwhelms logic and science. In this case, I fought with myself for two full days before I convinced myself to say little in closing. It helped that jury selection had gone very well, and openings seemed to be in our favor. But I ultimately did what my instinct said to do, which seems obvious in hindsight; but leaving well enough alone is difficult. (It helped that I had laryngitis, which I noted to the jury at the beginning of my 60-second non-argument to evoke laughter from the jury after a persuasive initial closing argument for conviction. A laughing jury is not usually a hanging jury – at least, not in these parts. I started by telling the jurors that I had good news. I paused for effect. Then I said “I have laryngitis.” The laughter helped make them forget any anger they felt for my client, I suspect.)

Next case.
CVW

Helpful Information:
First degree sexual assault of a child, Wisconsin Statute Stat 948.02(1))
Class B felony
Attorney Chris Van Wagner

Sexual Assault Of A Minor Child

My boyfriend and I have dated for two years. My mother thinks we are having sex and says she is going to have my boyfriend arrested. He's 19, but we told my mother he was 16, and I'm 14. Can my boyfriend be arrested if I agreed to have sex with him? My mother thinks he is a minor!

ANSWER:

YES.

Regardless of whether your mother believes he is 16, the fact of the matter is that you are a minor, and it is illegal for a minor to have sexual intercourse or engage in any form of sexual conduct with another person regardless of the other person's age. Under Wisconsin law, a minor cannot agree (give consent) to have sex with another person (minor or adult).

If your mother files a report with the police, your boyfriend's identification information will reveal his true age, and the police will share that information with your mother. Once that report is filed, and whether your mother wants charges pressed, the police are required to investigate any sexual assault complaint involving a minor.

If your boyfriend is charged with sexual assault of a minor, he will be arrested. If he is convicted of sexual assault of a minor, the court can sentence him to imprisonment in a county jail or a prison, fine him, or both. As well, Wisconsin courts usually sentence people convicted of sexual assault of a minor to probation and require the offender to register with the sex offender registry, which will have a very devastating effect on his future jobs, activities, and even his residence. A convicted sex offender is prohibited from working in jobs involving children. A registered sex offender cannot go where children may be present such as a high school dances (even if his or her child is at that dance), or public places where children would likely gather such as amusement or water parks.

Under Wisconsin law, it is also illegal for your adult boyfriend to expose himself to you, entice you to have sex or expose yourself to him, or even have contact with you of a sexual nature.

Helpful information:
Sex crimes, Wisconsin
Sexual assault, Wisconsin
Sexual assault of a minor child, Wisconsin
Solicitation or Enticement
Entrapment

Possession of Controlled Substance - Drugs - State or Federal?

If I am arrested for possession of marijuana, will it be a state or federal charge?

Possession of marijuana is charged as the crime of Possession of a controlled substance. As with any drug crime, a person can be compelled to testify before a grand jury, charged, tried, convicted and sentenced by a federal agency, a state agency, or both for each incident of possession. If convicted by both a federal court and a state court, each court can impose a separate sentence including fines, imprisonment, or both. Imprisonment for a federal offense is in a federal prison, and imprisonment for a state offense can be in a state prison, a county jail, or both.

Double jeopardy does not apply when two separate governments prosecute an individual for the same crime and the same incidence of the crime. Either agency can be the first to charge an individual, and the other agency can bring charges afterwards regardless of whether the individual is convicted or acquitted in the first trial. The same applies to plea bargains unless the settlement agreement specifically excludes the other agency from bringing charges.

In most cases, there is no discussion between the federal government and the state government regarding which government will prosecute the defendant, unless there is a very large quantity of drugs delivered or possessed with intent to deliver.

The charge of possession of a controlled substance is based on the quantity of the drug. The laws for each drug classification provide the quantity limit for "personal use", and if that limit is exceeded, the charge can also include "intent to sell, delivery or distribute".

Drug charges and convictions are posted on the Wisconsin State Circuit Court website (CCAP) located at: http://wcca.wicourts.gov/index.xsl.

Wisconsin law provides a right to an automatic appeal if a person is convicted of a crime in a Wisconsin state court. An automatic right to appeal only eliminates the process of applying for the right to be heard by the Court of Appeals. If a person is convicted of drug charges under both Federal and Wisconsin state law, an appeal is made to the respective higher court - to the US Court of Appeals for convictions from a Federal court and to the Wisconsin State Court of Appeals for convictions from a Wisconsin State Circuit Court.

Helpful information:
Wisconsin Drug Crimes
State Drug Crime Penalty Schedules
Federal Drug Crime Penalty Schedules
Federal - Distribution & Sexual Assault
Search & Seizure In Drug Crimes
Double Jeopardy
Criminal Trials in Wisconsin


Federal Defense Attorney Chris Van Wagner & Tracey Wood