Martinez & Ruby LLP Blog
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The Wisconsin Criminal Law Blog is presented by Martinez & Ruby, LLP for people interested in learning more about Wisconsin criminal law. With a proven track record and reputation that precedes us, our team is confident handling cases ranging the full spectrum of the law.
Martinez & Ruby LLP Blog
12h ago
Martinez & Ruby LLP is excited to announce the selections of three of our accomplished attorneys as 2024 Super Lawyers and Rising Stars. Andrew I. Martinez and Cole Ruby received the honor of being named Super Lawyers, a recognition they have both earned every year since 2020. Additionally, Taylor M. Hart was named a Rising...
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The post Andrew I. Martinez & Cole Ruby Selected as Super Lawyers, Taylor M. Hart Selected as Rising Star first appeared on Martinez & Ruby ..read more
Martinez & Ruby LLP Blog
1M ago
Having to register as a sex offender in Wisconsin can have devastating consequences, from limiting where you can live and go to restricting your job opportunities and damaging your reputation. It’s no wonder many people facing or convicted of sex crime charges in Wisconsin wonder whether they can remove their names from the registry. How...
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The post Can a Sex Offender Get Off the Registry in Wisconsin? first appeared on Martinez & Ruby ..read more
Martinez & Ruby LLP Blog
1M ago
Wisconsin authorities aggressively pursue cases where someone allegedly commits sexual acts with a child. While not as severe as first-degree sexual assault, second-degree sexual assault of a child still carries up to 40 years in prison and other penalties, including having to register as a sexual offender. Definition of Second-Degree Sexual Assault of a Child...
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The post What Is Second-Degree Sexual Assault of a Child in Wisconsin? first appeared on Martinez & Ruby ..read more
Martinez & Ruby LLP Blog
3M ago
Wisconsin imposes strict penalties on people convicted of sex crimes, particularly repeat offenders and those convicted of sexual acts with minors. In many cases, people convicted of these crimes must register as sex offenders. Registered sex offenders must follow strict rules regarding where they can live, jobs they can perform, and other aspects of daily...
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The post What Registered Sex Offenders Can and Cannot Do in Wisconsin first appeared on Martinez & Ruby ..read more
Martinez & Ruby LLP Blog
3M ago
What Are the Common DUI Defenses? Have you been charged with operating while intoxicated (OWI) in Wisconsin? OWI cases aren’t all as open and shut as you might think. Even if you failed a field sobriety test or blew a 0.8 or above on a breathalyzer, an attorney can work to beat the charges. Three...
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The post Types of DUI Defenses an Attorney Can Use first appeared on Martinez & Ruby ..read more
Martinez & Ruby LLP Blog
5M ago
In Wisconsin, sexual assault can be divided into four degrees. Each is severe in nature and legally pursued by classification. Below you will find a breakdown of these classes.
First-Degree Sexual Assault (Wis. Stat. § 940.225(1): The most grave or heinous of sexual assault crimes in Wisconsin. Sexual contact or intercourse has been done without consent and includes circumstances like the following:
Causing great bodily harm to the victim
Pregnancy is of result
Use of a weapon
Significant force or coercion has been done
This is a Class B felony, whic ..read more
Martinez & Ruby LLP Blog
6M ago
Sex crimes always generate tough cases. Juries are often unsympathetic toward defendants when hearing graphic descriptions from accusers. Moreover, these cases can turn on questions of consent with the alleged victim and accused defendant telling very different stories about the same encounter.
Criminal defense lawyers must also approach sex crime trials with an appropriate level of sensitivity to the accuser’s situation. An over-the-top approach can turn a jury against the lawyer and their client.
Despite the difficulty of these cases, the legal team at Martinez & Ruby successfully defend ..read more
Martinez & Ruby LLP Blog
6M ago
Child enticement is a serious crime in Wisconsin. The law defines child enticement as causing or attempting to cause a child under the age of 18 to enter any vehicle, room, building, or secluded place intending to commit an illegal act, such as sexual assault, exposure, sexual intercourse, prostitution, recording sexually explicit conduct, or giving illegal controlled substances to a minor. If you’ve been arrested for or charged with a child enticement crime, you need a Wisconsin sex crimes defense lawyer.
What Constitutes Child Enticement?
Wisconsin law divides child enticement ..read more
Martinez & Ruby LLP Blog
6M ago
Memorial Day signals the unofficial onset of summer, bringing with it a long weekend often accompanied by heightened OWI enforcement efforts. Should you find yourself involved in a traffic stop or facing OWI charges, it’s crucial to recognize that you can construct a formidable defense.
Four Effective Defense Strategies Against OWI Charges in Wisconsin
Contesting Chemical Test Results: Your attorney may challenge the accuracy of the chemical tests, arguing procedural errors or questioning the reliability of the measurements concerning your drug or alcohol levels at the time of driving. Such a ..read more
Martinez & Ruby LLP Blog
8M ago
Romeo and Juliet laws are legal exceptions that protect young people from facing criminal penalties when they engage in consensual sexual activities with partners below the age of consent. These laws acknowledge that teenagers close in age can and often do form mutual sexual relationships.
Without these laws, young people can face statutory rape charges for engaging in consensual sex with their peers. Romeo and Juliet laws vary by state, but they generally reduce or eliminate the penalties for sexual activities between minors who are close in age to each other.
For example, if two teenagers ar ..read more