What’s This About?

I’m a lawyer in Milwaukee, recently turned on to the blogosphere. I’d like to use this blog to give people involved in the legal system in Wisconsin (or elsewhere actually), a way to exchange ideas, gripe about the system or listen to me gripe about it and maybe even to get some help with a problem in the world of crime and punishment. I’m not sure how this’ll go but expect me to talk about just about anything- internet sex crimes, drunk driving, domestic violence, in short, the cops and robbers world I practice in.  If you’re a defendant, a lawyer, a police officer, a court clerk or maybe (gasp) even a judge, feel free to be part of the dialog. I’ll be keeping the specifics of my cases out of the conversation, of course, for reasons of confidentiality, but otherwise, no subject will be off limits.  If I feel competent to offer advice, I’ll do so. I’ve been practicing in most counties in Wisconsin for almost 30 years, so I’ve been on this beat for awhile. So let’s try this and see if anyone gets anything out of it. Feel free to contact me at www.reddinandsinger.com.

New Battles in the War on Drugs

Recently there have been some glimmers of sanity appearing in the government’s attitude towards drugs, with President Obama issuing an executive order to the Justice Department in 2009 requesting an end to raids on medical marijuana dispensaries in states where weed has been legalized for medicinal purposes. The War on Drugs, however, is far from over, and politicians continue to try and score easy points with the public by crafting policies and legislation that attack drugs as the source of all society’s ills, all the while distracting the legal system with petty cases against small-time users and stealing resources from efforts to reduce more serious crime. A perfect example of these misguided laws is the recent ban on sales of the psychotropic plant Salvia divinorum, sponsored by Representative Sheldon Wasserman. Users of Salvia divinorum reportedly experience a brief hallucinogenic effect that lasts less than five or ten minutes, and the active compound in the plant, salvinorin A, is currently being used in research for the treatment of depression, Alzheimer’s, and many other disorders and diseases. Representative Wasserman, however, is on record saying that “there is no medical purpose for this product, it is completely for getting high, getting stoned.” In spite of this damning statement, a provision in Assembly Bill 186 is made for “any dosage form of salvinorin A that may be obtained from a retail establishment without a prescription and that is recognized by the U.S. Food and Drug Administration as a homeopathic drug.” Both salvia’s use in medical testing and exceptions in the very bill that bans the drug call into question Representative Wasserman’s reasons for sponsoring this law in the first place; the entire thing seems like more of an attempt to pander to a particular constituent base than to effectively manage salvia use. Regulation perhaps, but an outright ban? It seems that politics has again influenced drug policy in ways that could harm otherwise law-abiding citizens and make the choice to use such a drug a more dangerous one. If you have been the victim of drug laws that waste our civil resources and clog our justice system, feel free to contact me at www.reddinandsinger.com.

Judicial Rotations in Wisconsin-Can You Benefit?

Every August 1st, in Milwaukee County and the other more populated counties where judges have only one type of case to deal with at a time, judges are reassigned to other types of cases to help keep them up to speed on all areas of the law. For example, if a judge has been hearing only juvenile cases for the last year or more, he may transfer to family court or adult criminal court to hear different kinds of cases.  If a criminal defendant’s case is on-going at the time of a change in judges, he may get a different judge on his case after August 1. If  he doesn’t like the judge assigned to his case, this can be good news. Perhaps the new judge will be a better choice. Of course, if the judge you have is perceived to be better than average, you may be sad to see him or her go. Sometimes there can be some strategy involved at this time of year. Your lawyer can try to speed your case up to get it resolved before the rotation, if you want your judge to be your sentencing judge.  However, if you and your attorney think the next judge may be a better choice, there are sometimes ways to drag a case out to take advantage of the upcoming change in judges. If you have a case going on, be sure to discuss with your attorney the implications of the upcoming judicial rotation. If you don’t have a lawyer and you think this issue may affect your case, feel free to contact us at reddinandsinger.com.

The “Best” Lawyer

I’ve been asked a lot lately by perspective clients, “Who’s the best attorney in  Milwaukee?” Or, “Are you the best criminal defense lawyer in Milwaukee?”  People that call from out of town want to know if our law firm has better lawyers than the lawyers in Racine or Green Bay or Waukesha, etc., etc. The short answer is that there is no “best lawyer” in Milwaukee or anywhere else.  At Reddin, Singer and Govin, we pride ourselves on our 30 plus years of experience and the inclusion of our lawyers in the various “best attorneys” lists that are around. However, the best lawyer for you is one you have confidence in, that returns your phone calls, that seems in control in the courtroom and that you do the research on to convince yourself that this is the “best lawyer” for your case and your personal situation.  We don’t pretend finances don’t also enter in to the equation.  If someone from Eau Claire or Wausau calls me, I frequently tell them that a lawyer with an office across the street from the courthouse is likely to charge less than I might, either because I have more experience or simply because it takes more time for me to drive to a city 100 plus miles away than it would take a local attorney to walk across the street. If money is tight but you absolutely have to have an attorney, the local guy in West Bend might be the “best lawyer” for you.

In short, shop around, ask the right questions and hire someone you feel will be the best attorney for you. If Reddin, Singer and Govin is on your list, check out our new website at rsgattoneys.com or give us a call at 414 271-6400.

Do Criminal Lawyers make good Divorce Lawyers?

Our lawyers at my firm are representing more divorce clients than ever before, raising the legitimate question: do lawyers used to representing criminal defense clients make good divorce lawyers? Like so many answers in law, I think the most accurate answer is-it depends. Of course, you must know the law in family matters to be competent, but to be really good at it requires much more.  In general, a good criminal lawyer will likely also be good at divorce work, as both require a willingness to compromise backed up by a legitimate ability to aggressively litigate when necessary. A major difference, however, is the degree to which your client can be held hostage by an unreasonable litigant in divorce matters.  Family law contemplates that two reasonable people will put aside their differences for the benefit of their children. Too often, however, that ideal is far from the reality.  Lawyers representing vindictive or unnecessarily combative clients are frequently put in a difficult situation. If they don’t advance their client’s agenda, the client will find a different lawyer, threaten a complaint against the lawyer, or both.

The criminal lawyer who practices family law should carefully select their clients and make sure from the outset that the client will take direction from counsel. The attorney is usually the best judge of when to fight and when to settle and a client who refuses to accept that notion can make a lawyer’s life very miserable.

Drunk Driving in Wisconsin-The Rules Are About to Change

The Wisconsin legislature, under intense pressure as the result of the Mark Benson tragedy, recently made some changes to Wisconsin’s DUI (or OWI, your choice) laws. They were touted as toughening drunk driving penalties,  but the reality isn’t nearly as clear. Yes, 4th offenses are now felonies, meaning prison is now a possibility instead of a 1 year jail sentence. However, there really aren’t that many 4th offenses anyway, so the effect isn’t likely to be that great and judges are not required to impose prison, just permitted to do so.  For the much larger category of drunk drivers, the 2nd and 3rd time offenders, the laws are actually likely to result in more lenient sentences.

It’s a dirty little secret that OWI sentences in Wisconsin have been creeping down for some time now. In some northern counties, as well as in The Fox Valley, minimum sentences or close to it are again being imposed.  And in many counties, including Milwaukee, all or virtually all of the time imposed is done on house arrest. Now, under the new law, probation will now be available for 2nd and 3rd offenders. This sentencing alternative has long been opposed by MADD and other such organizations as being too “soft”. In reality, it makes far more sense than a few days of jail, as the community will likely be far safer by supervising individuals for a year and encouraging rehabilitation. The law also allows for more experimental programs aimed at rehab rather than punishment. Waukesha County, Winnebago county and others have already implemented such programs, which reject the philosophy of longer sentences as the answer to substance abuse problems.

If you or a loved one has recently been arrested for DWI, make sure your  lawyer is up on the available sentencing options in your county.

Let’s Legalize Marijuana (Everywhere)

States everywhere continue to modify their laws to allow for the use of marijuana for medical purposes. What about Wisconsin? Civilization doesn’t seem to be crumbling in these other states. While we’re at it, why not decriminalize possession of small amounts of marijuana for all of us? Prosecutors complain about not enough resources to charge all the cases that are brought to them. Maybe the answer is to stop bringing them cases that have no business in the criminal justice system. There is considerable disparity in the various Wisconsin counties regarding the prosecution of marijuana cases. Ozaukee County cops bring all marijuana cases into the DA’s office because the county has no ordinances prohibiting possession. Just across the county line in Milwaukee County, MPD cops routinely dump small amounts of pot out and send people on their way rather than do the paperwork to even send them to municipal court. Let’s end the injustice of uneven prosecution. Decriminalization-the time has come.

Jury Trials in Criminal Cases

Having recently completed a jury trial in a felony matter, I am reminded of the many many things that can happen unexpectedly in a trial, some good, some bad. Overall, though, I think lawyers and clients have become a little too chicken about putting their cases before 12 fellow citizens. It’s always interesting to see how often the cases look better on paper for the state than when they’re required to put the witnesses on the stand. Especially in state court, defense attorneys are frequently able to take advantage of the district attorney’s lack of knowledge about his own case and the inexperience of the prosecutor to gain the upper hand. Given the volume of cases DAs are required to handle and the high turnover in their offices these days, defense lawyers have no excuse for not knowing far more about the facts of a case than their opposition.

While the majority of cases brought by prosecutors simply have no defense, in general I think more prosecutions need to be challenged.  I think more  defendants would like their day in court if they received a little encouragement from their lawyer. reddinandsinger.com

Drugged Driving in Wisconsin-Is It Fair?

Under Wisconsin law, driving with any detectable amount of a controlled substance in your system is a crime. Even if there’s no evidence of impairment, if you have drugs in your system, you’re subject to prosecution.

But is the law fair? There’s very little reason to believe that there’s any correlation between some residual marijuana in your system and the safe operation of your car. Are we punishing people for endangering citizens or simply for using a recreational but illegal drug? This comes up frequently in the case of an accident and the consequences can be devastating. Causing an injury or death while having marijuana, cocaine or some other controlled substance in your system is usually a ticket to prison.

If you find yourself in this situation, call or write us. www.reddinandsinger.com

Finding a Criminal Defense Lawyer

You say you’ve been arrested in Waukesha, WI for OWI?  Or maybe you’re under investigation in Washington County, WI for growing marijuana?  Or, God forbid, the Federal authorities from either the Eastern or Western Districts of Wisconsin want to talk to you?  So now you need a lawyer that does criminal defense work. What do you do?

First, talk to your family or friends. Have they ever used a criminal defense attorney in Wisconsin? Hopefully, they’ll have a recommendation for you. We get many of our clients from other attorneys in the Milwaukee area that refer their inquiries on criminal matters to us and from old clients.

If you can’t get a personal referral, check the internet. Google “criminal defense lawyer” and include your criminal matter and/or your geographic area. For example, a search such as, “Milwaukee criminal defense lawyer” will get you a representative list. Or, “Waukesha County marijuana attorney” will get you what you need.

The Wisconsin and the Milwaukee Bar Associations maintain a referral service that may be of help. Let them know you need a criminal defense lawyer in Milwaukee County or Racine or wherever.

Finally, feel free to call or e-mail us. Even if we can’t take your case or we don’t do that kind of case, we’ll direct you to a lawyer that can help you. We’re at www.reddinandsinger.com

Domestic Violence in Wisconsin

Yes, domestic violence is real.  When it happens, I’m sure it’s frightening and painful.  However, as a lawyer, I see far too many instances of spouses using the system to gain an advantage in a divorce or to get an obnoxious partner out of the house for a few days.  Then, they’re surprised to learn that prosecutors won’t listen when they want to withdraw the charges.  A case is issued, a no contact order goes into effect and now the woman wants to know how she’s supposed to pay the bills or take care of the kids without help from their partner.

The defendant now needs to hire a lawyer for thousands of dollars that the family can’t afford. But, a conviction for a DV related offense that was really just an argument has even higher long term costs. There frequently are some strategies to get a family out of this mess but the real solution is to not cry wolf in the first place. But, if it’s too late for that call us. We’re at www.reddinandsinger.com