John Brinckman, S.C. - Criminal Attorney at Law in Minnesota and Wisconsin - Exchange Building  -  205 Fifth Avenue South Suite 520  -  La Crosse, WI 54601  -  Tel: (608) 782-2777 - Fax: (608) 782-2774

DID YOU KNOW . . . ?

I DIDN'T DO ANYTHING!

Even if you didn't do anything, you can be charged and convicted of a crime if you are with someone else who is committing a crime and you know that they are committing a crime. It's called Party to the Crime. Examples:

  • If you drive a friend somewhere so he can drop off drugs, you are aiding him and you can be convicted of drug delivery even if you received no money from the sale.
  • If your friend is shoplifting and you get the attention of store personnel to distract them, you have assisted your friend and you can be convicted of party to the crime theft.
  • If you lend a person tools knowing that they are going to break in and steal another's property, you are guilty of party to the crime burglary even if you never leave your home.
If you believe someone is going to commit a crime, walk away before it's too late.

BAD CHECK

It is a crime to intentionally write and cash a check when you intend that the check will bounce. But did you know that it is not a crime if your check bounces, but you believed there would be enough money in the account to cover the check. If you are charged with issuing a worthless check, but it wasn't your fault that the check bounced, call an attorney immediately. You will still owe for the check, but you might not be convicted of a crime. You should never plead guilty of a crime that you are innocent of.

BATTERY

It is a crime to batter an individual without their consent. But often times, the winner of the fight is charged with a crime even though the other party started the fight. When someone else starts a fight, by their actions they are usually consenting to getting hit back. As long as your fighting back is limited to trying to stop the fight, you are usually acting in self defense. If you find yourself in such a situation, always take pictures of your injuries or bruises immediately. Don't wait to be charged. Call an attorney for assistance.

DELIVERY

Delivery of controlled substances is a Felony. Many people think that you must sell and make a profit before you can be guilty of a Felony delivery of drugs. Wrong! The law makes it a felony to give or even share a controlled substance with another. Example:

  • If you are sitting at a table with three friends and one of them lights up a marijuana joint and passes it around the table, every one at the table could be guilty of felony delivery of marijuana for just passing the joint around, even if you didn't smoke any yourself. A delivery simply means that you handed a controlled substance to another knowing it was a controlled substance.
OPERATING WHILE INTOXICATED

Many people think its OK to sleep in your car if you're drunk. But if the keys are in the ignition, this can be considered operating the vehicle, even if the engine is not running. If you sleep in your vehicle, keep the keys in your pocket.

  • If you get stopped and arrested for drunk driving, many people think that they don't need to take the breath or blood tests requested by the officer. It is almost always a mistake not to take the requested tests. Fines, jail sentences and the lengths of your revocation of license increase when you refuse to take the requested tests.
  • It is important to know that the portable breath test given at the arrest sight is not a legal breath test. You must take the breath and blood tests demanded by the officers at the station and at the hospital. If the officers request that you take more than one test, you must take all of the tests they request or it could still be a refusal.
VIOLATING A "NO CONTACT" ORDER

If you are under a court order of no contact with another person, it is a crime to speak, send a letter or otherwise communicate with that person. It is a crime to ask another person to contact that person for you.

Many people think it's OK to talk to that other person if they call you on the phone or if they want to get together with you. You can still be charged with a crime even if the other person calls you or comes to your house. Until the judge drops the no contact order, you can be arrested even if the other person doesn't want you arrested.

Disclaimer: The information you obtain at this site is not,
nor is it intended to be, legal advice. Please consult a criminal defense
attorney for individual advice regarding your own situation.
 

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