Law Offices of Christy M. Hall, LLCLaw Offices of Christy M. Hall, LLC2026-01-22T07:47:45Zhttps://www.lawofficesofchristymhall.com/feed/atom/WordPress/wp-content/uploads/sites/1503685/2023/07/cropped-site-icon-32x32.jpgOn Behalf of Law Offices of Christy M. Hall, LLC<![CDATA[Is shoplifting a victimless crime with few major penalties?]]>https://www.lawofficesofchristymhall.com/?p=471912023-06-05T14:48:48Z2023-06-07T12:42:02ZIs it true that shoplifting is a minor offense that only results in a slap on the wrist?
Different situations lead to different penalties. While it is true that a person may receive a ticket for shoplifting, they just as easily could be arrested. It does not matter if a person thinks it's a minor violation, Wisconsin laws treat retail theft very seriously. In Wisconsin it is a Class A misdemeanor, if the value of the merchandise does not exceed $500, which carries a possible jail sentence of up to nine months in state custody a $10,000 fines, or both. However, it is a felony offense if the value of the stolen merchandise exceeds $500. If the value is between $501-$5,000 it is a Class I felony, if the value is between $5,001 up to $10,000 it is a Class H felony, and if it exceeds $10,000 it is a Class G felony.
In theory, shoplifting offenses can be minor, but in reality, they often have dire consequences. A misdemeanor shoplifting charge will stay on someone's record for decades, if not the rest of their life. Often only those accused of youthful offenses qualify to expunge such records. A felony offense will have an even stronger impact that will be harder to remove.
Individuals may get arrested for a mistake, like putting an item under their cart and forgetting about it, and that item could easily be worth more than $50. For many individuals accused of a shoplifting offense, pleading guilty and hoping for the best outcome might mean not only the risk of jail time but also having a life-changing criminal record.
There are multiple ways to defend against shoplifting charges, depending on the situation leading to someone's arrest. Learning more about criminal statutes in Wisconsin and seeking legal guidance can help someone decide the best way to respond after an arrest on shoplifting charges.]]>On Behalf of Law Offices of Christy M. Hall, LLC<![CDATA[2 reasons to question breath test results]]>https://www.lawofficesofchristymhall.com/?p=470942023-03-02T16:58:55Z2023-03-02T16:58:55Z1. When they have health issues
There are numerous medical concerns that could potentially impact the accuracy of chemical breath testing. Health issues like type 2 diabetes could affect the accuracy of test results. A medication that someone has recently taken or a specialty diet that they follow could also result in a false positive on a chemical breath test.
If a defendant has a diagnosis for a condition that may cause a false positive or a prescription for a medication that could trick a breath test, their health history could play a role in their defense strategy.
2. When there are accuracy questions
Perhaps the driver accused of intoxication does not have any health issues and therefore feels truly perplexed about the breath test results. The truth is that there are many reasons why breath test devices return false positive results.
Sometimes, it can be a mistake on the part of the police department. Failing to calibrate the device or install software updates might mean that results are not accurate. When someone is adamant about their sobriety and the fact that the test could not have been right, they may need to explore the concerns about the accuracy of breath testing as part of their defense strategy.
Some people can and successfully do challenge breath test results to avoid drunk driving convictions. Others may have to look at different defense strategies, such as challenging the validity of their traffic stop. Discussing different impaired driving defense strategies with a legal professional can help someone arrive at the best options for their particular circumstances.]]>On Behalf of Law Offices of Christy M. Hall, LLC<![CDATA[3 ways prescription medication can lead to criminal charges]]>https://www.lawofficesofchristymhall.com/?p=470322023-01-24T09:16:08Z2022-12-06T20:35:36ZTransferring medication to others
If you get caught in the act when giving your cousin your leftover sleep medication or selling your coworker your remaining pain relievers, you could face very serious criminal charges. Even transfers without any financial compensation can still lead to allegations of trafficking or distributing controlled substances.
Buying medication from others
Just because you have a valid prescription doesn't mean that you can take as much of a medication as you would like. You have to follow the dosage and timing recommendations that your doctor included when prescribing the drug.
If you take more than a doctor recommends and run out, you can't legally purchase more of the same medication from other people. If you get caught possessing more medication than your doctor prescribed or someone else's drugs, you can face arrest and criminal charges.
Improperly transporting the medication
Driving while under the influence of medication could lead to drugged driving allegations. The cautionary warning about making sure how it affects you is real.
Further, if you have medications in your vehicle you should try to carrying them in the original packaging from the pharmacy, or have proof that the pills are prescribed to you. If you are stopped by the police and unable to prove that you are legally in possession of the medications you may be needlessly arrested.
Similarly, extreme caution is necessary if you want to transport medication for a friend or family member. Only sealed medication is legal for you to transport on behalf of someone else. You can face criminal charges if the police stop you and you have someone else's prescription vial in your pocket.
Learning more about the limitations that apply to your use of prescribed medication can help you avoid drug charges.
]]>On Behalf of Law Offices of Christy M. Hall, LLC<![CDATA[Being around minors adds complexity to your case]]>https://www.lawofficesofchristymhall.com/?p=469602023-01-24T09:16:14Z2022-09-12T08:29:25ZUnderstanding your risk of penalties
With drug offenses, you need to understand that there are significant variances from case to case. How much of a drug you possess, the specific drug you possess, who was with you at the time and where you were located at the time of the arrest may all matter.
For example, Wisconsin penalizes cocaine possession harshly. Possessing this drug, as a first offense, can lead to up to a year in the county jail, plus fines up to $5,000. It becomes a felony for simple possession after a first offense in Wisconsin because the State can charge you as a Repeat Drug Offender.
Take for example, by comparison, heroin. Simple possession of heroin is a Class I felony exposing a person to up to 3 1/2 years in prison, and fines up to $10,000. Selling less than 3 grams of heroin is a Class F felony, exposing a person to 12 1/2 years in prion, and $25,000 in fines. But again, if you sell it within 1,000 feet of a school the maximum term of imprisonment may be increased by 5 years so the person is facing up to 17 1/2 years.
You need to understand your rights if you’re caught with drugs around minors
One of the most significant factors in a drug case is whether or not children were involved. If you were within 1,000 feet of a school or you were with minors at the time when you were caught with drugs, you need to be very cautious about how you proceed with your defense.
Drug possession or trafficking is bad enough on its own, but when you bring children into the mix, the law is extremely harsh. Fortunately, you have a right to defend yourself and try to negate the idea that you were in possession, selling drugs to children or close enough to a school for those factors to matter in your case.]]>On Behalf of Law Offices of Christy M. Hall, LLC<![CDATA[What do you risk by pleading guilty to domestic violence?]]>https://www.lawofficesofchristymhall.com/?p=465102023-01-24T09:16:20Z2022-05-31T19:46:40ZYou will have a permanent criminal record
While it is true that some people can adjust to life with a single offense on their records and live relatively normal lives afterward, violent offenses tend to have a major chilling effect on your career opportunities and your social life.
When you plead guilty, even to a lesser charge, anyone who pulls a background check may assume that you were guilty of the more serious initial charge against you. More importantly, they will likely assume that you are someone who becomes violent and therefore isn't safe to sign a lease with or to hire.
You will face criminal consequences
Jail time and fines are common consequences for those accused of domestic violence. The exact penalties depend both on the charge levied against someone and the discretion of the judge hearing the case. However, one penalty is not up for negotiation.
Even misdemeanor domestic violence charges trigger a federal rule about firearm rights. Convicted domestic abusers cannot legally own firearms. A conviction or guilty plea could put you at risk of future criminal charges if you get caught with a firearm in your possession. It could also affect your ability to support yourself, as the firearm rule could force you out of your military career or your current job in law enforcement.
Domestic violence charges can be difficult for people to handle. Unlike many other criminal charges, the accuser or victim may not play any role in the prosecution, which means that their support of your position may not help much with your defense. Reviewing the evidence against you carefully and getting the right help can make all the difference if you find yourself facing domestic violence charges.]]>On Behalf of Law Offices of Christy M. Hall, LLC<![CDATA[3 ways a drunk driving charge could hurt your Wisconsin career]]>https://www.lawofficesofchristymhall.com/?p=464902023-01-24T09:16:25Z2022-02-24T20:02:40ZYou could lose your professional license
If you drive for a living, your commercial driver's license is at risk even if you were in your own vehicle for the impaired driving arrest. Even if driving isn't part of your job, your professional license could be in danger.
Whether you are an appraiser, a pipelayer, a master electrician or a dental hygienist, you need a state license to do your work. Wisconsin regulates numerous professions, especially those involving medical care and construction. Depending on the policies of the board overseeing your profession, a criminal conviction of any sort might trigger a disciplinary hearing and put you at risk of losing your license.
You may not be able to get to work reliably
The temporary suspension of your license can be a real hardship if you don't live somewhere with good public transportation or have people willing to provide on-demand transportation. If you have to carpool or use rideshare services, you may rack up numerous absences and late arrivals.
Your employer could write you up or fire you because of your transportation issues. Even if they don't, they may start to question the reliability and they pass you over for promotions and raises.
Your employer may have a zero-tolerance policy
Many companies have zero-tolerance policies for commercial convictions while you work for them. If your employer does a background check and finds the conviction on your record or if you notify them of it because you will miss work for court, they might terminate you or stop considering you for promotions because you have violated company policy by violating the law.
Fighting back against impaired driving charges can be a better solution than pleading guilty for professionals worried about how a conviction could affect their career trajectory.]]>On Behalf of Law Offices of Christy M. Hall, LLC<![CDATA[Do I have to agree to a field sobriety test?]]>https://www.lawofficesofchristymhall.com/?p=464882023-01-24T09:16:30Z2022-02-04T23:06:39ZThe test may not be as important as you think
In movies and TV shows, the moment someone stumbles through a standard “walk and turn” field sobriety test is a pivotal part of the drunk driving subplot. In reality, officers have most of the information they need to make an arrest before asking you to step out of the vehicle.
When an officer walks up to your car, they are watching for signs you have been drinking, such as:
Slurred speech
Difficulty focusing
Smell of alcohol
Talking too loud
Heavy sweating
Glossy eyes
Once an officer sees these symptoms, they are often looking to confirm what they already believe and further establish probable cause to make an arrest.
You can say no
You are not required to submit to field sobriety tests; however, refusing to take a field sobriety test does not mean the officer will not arrest you.
Also, having a driver’s license and driving on public roads makes you subject to Wisconsin’s implied consent laws. While the rule does not apply to field sobriety tests, it does apply to blood, breath and urine tests.
Facing OWI charges can get very serious. It is essential to have an experienced professional to support you and your case.]]>On Behalf of Law Offices of Christy M. Hall, LLC<![CDATA[3 mistakes police officers make during an OWI arrest]]>https://www.lawofficesofchristymhall.com/?p=464592023-01-24T09:16:36Z2021-08-20T20:08:50ZUnreasonable stops and arrests
A police officer must have reasonable suspicion to stop you. This means that they can only stop a driver if the driver gives them a good reason to do so, like excessive weaving, going the wrong way or running a red light. If you obey traffic laws and don’t do anything out of the ordinary, they shouldn’t stop you. They also need proof that you were driving under the influence to arrest you.
Improper administration of field sobriety tests
All police officers must take a training program developed by the National Highway Safety Administration (NHTSA) and the (International Association of Chiefs of Police) to administrate field sobriety tests properly. After a stop, the police will verify if you are intoxicated by asking you to perform some tasks. The most common tests are:
Walk and turn: the subject takes nine heel-to-toe steps, turns and then takes the steps back while counting and looking at their feet.
One leg stand: the subject must raise one foot six inches off the ground and count out loud.
These tests have specific and standardized instructions that the police officer must follow. They must explain the tasks to the driver in a simple and efficient way. If the officer misdescribes the task, the driver could make a mistake that would make them appear intoxicated.
Improper administration of chemical tests
You may have to take a chemical test if the police officer asks for it. The chemical test will allow the officer to verify if your blood alcohol content (BAC) is above the state’s limit, which is 0.08. When this happens, the driver needs to provide samples of their breath, blood or urine. The officer must follow specific rules to administer these tests. The breath test, for example, needs to be administered at least two times to calibrate the breath-testing instrument. Also, you need a warrant for a blood test. If the officer makes a mistake, the results could be false, and they wouldn’t be admissible against the driver. You can also refuse these tests, but that would mean losing your driving privileges.
Fighting against an OWI charge
The court cannot convict you if you prove that the police officer did not meet the statutory requirements during the traffic stop and arrest. An experienced lawyer could help you build your defense by analyzing all the evidence from your case. If you were a victim of a mistake, you have the right to fight back.]]>On Behalf of Law Offices of Christy M. Hall, LLC<![CDATA[Do I have to show my ID or answer questions when stopped by police?]]>https://www.lawofficesofchristymhall.com/?p=464442023-01-24T09:16:41Z2021-05-26T18:29:24Zknowing your rights under the Constitution.
Interacting with police
Never assume that an officer’s priority is your safety or protecting your rights. Still, it’s essential to avoid anything that can make the situation worse. That means:
Stay calm
Be civil and respectful
Don’t try to run away
Don’t lie or give false information
Don’t obstruct the officer
Keep your hands where police can see them
Do I have to show the police my ID?
No. You are not legally required to show your ID to police officers in Wisconsin if you are not detained or taken into custody. In addition, you do not have to provide proof of citizenship.
Do I have to answer the officer’s questions?
No. You have no legal obligation to supply answers. Politely decline even if they are persistent. If you are not in custody, ask them if you are free to leave.
What should I do if I’m arrested or detained?
If the police believe you know of or participated in a crime and place you in custody, exercise your right to remain silent and immediately ask for a lawyer. Cooperate with the officer’s instructions, but don’t say anything else until your lawyer is present.
Why should my first call be to a lawyer?
Everyone placed in custody has the right to make a local phone call. Police cannot listen in to a conversation between you and your attorney. However, they can and do monitor conversations if you call anyone else.]]>On Behalf of Law Offices of Christy M. Hall, LLC<![CDATA[The consequences of underage drinking]]>https://www.lawofficesofchristymhall.com/?p=464372023-01-24T09:16:48Z2021-03-15T22:48:19ZWhat’s at risk?
Criminal law in Wisconsin leaves judges significant leeway in assigning penalties for underage alcohol offenses, but subsequent charges increase potential penalties exponentially. Possible outcomes for convictions under these statutes include:
Fines ranging from $50-$750
Additional fees and assessments
Driver’s license suspensions ranging from 30 days to two years
Supervised work programs
Court-ordered alcohol abuse education programs
As you can see, one mistake could lead to a substantial cost. An experienced drunk driving attorney may work to get you the best possible outcome in your case. Even if your incident does not involve a charge of OWI or DWI, a lawyer with practice in that realm may argue a case hinging on the possession or consumption of alcohol underage.
What you can do
There are many elements to an underage alcohol possession case. A consultation with an attorney lets you explore a number of possible defenses or mitigating factors. In addition, a criminal defense attorney should be familiar with programs that are available to you or your child in lieu of some of the penalties listed above.
Criminal charges are serious. An attorney may properly lay out what you are up against and explain the court procedure. Even if you are guilty of the offense that police charged you with, a lawyer may explore all aspects of your case and examine your options to move forward. A consultation is more than worth your time if you or your child faces underage alcohol charges in Wisconsin.]]>