Category: Defense Attorney

Spousal privilege, marital privilege, or “Pillow Talk Privilege,” is a legal privilege that can prevent spouses or domestic partners from incriminating each other in court. Spousal privilege operates similarly to attorney-client, doctor-patient, and clergy-penitent privileges. These privileges are all designed to protect the validity and confidentiality of these relationships.

There are exceptions to every rule, however. For example, the marital privilege does not apply if the spouse or their children are alleged victims of the crime, nor when spouses allegedly commit the crime together.

Testimonial Privilege and Communications Privilege

Two parts of marital privilege apply if you are married and accused of a crime: testimonial privilege and communications privilege.

Testimonial privilege prevents your spouse from having to provide adverse testimony against you in court unless they choose to do so. In addition, any communication between you and your spouse during the marriage is not considered admissible in court without both spouses’ consent. If proven that communication did not occur in true confidence – i.e., if there was a third party present during the communication – the communications privilege does not apply.

How Does “Pillow Talk Privilege” Apply to Online Communication?

If you email your spouse, message them on social media, or contact them via any other online means, these communications do not fall under the protections of marital privilege due to the stipulation regarding the impact of a third-party presence. In the eyes of the law, Internet Service Providers (ISPs) are third parties, and their privacy policies do not protect communications made between users – regardless of their relationship with one another.

Law enforcement is subject to the Fourth Amendment of the United States Constitution, which prohibits unreasonable search and seizure. There must be probable cause to access these communications before records of electronic communications can be used to build a case against you.

Your right to communications and testimonial spousal privilege may make or break the outcome of your legal matter. Contact us online to schedule a free initial consultation with a proven defense attorney.

 

Wisconsin’s opioid epidemic has been raging for over 20 years. It first began when doctors started to overprescribe pain relievers. When these drugs became hard to obtain, heroin use skyrocketed. Today, illegally manufactured fentanyl is mixed with heroin, opioids, and other illegal drugs. This is the reason opioid deaths continue at all-time highs in Wisconsin.

What Are Opioids?

Opioids are a drug that alleviates body pain and can produce a pleasurable effect on the brain. People can use them in correct, beneficial, and illegal ways. Opioids may be prescribed by a healthcare professional as a pain treatment following surgery, for painful emotions, or trauma. The types of opioids are:

  • Prescription pain relievers: Prescription opioids include oxycodone, hydrocodone, morphine, and methadone. These medications serve as pain relievers by changing how your body feels and responds to pain.
    • Pharmaceutical: This is prescribed by healthcare professionals to treat severe pain. It can come in a lozenge, pill, nasal/sublingual spray, transdermal patch, or injection.
    • Illegal: This type of fentanyl is sold solely for its ability to produce a good feeling. It is often mixed into other drugs to make it look like prescription medicine.
  • Heroin: This is an illegal opioid. It is most commonly used for a short-term rush of pleasurable feelings. There is no medical use for this drug. It is strictly prohibited.

If you or a loved one faces charges such as possession of illegally obtained prescription drugs or heroin possession, the consequences can be severe. It is crucial to work with an experienced local attorney who can provide you with the aggressive defense you need during a difficult time.

Any legal matter can bring about an unprecedented amount of stress. Criminal charges, however, are often the toughest for individuals to face. If you have ever been pulled over by a police officer while on the road, or even arrested after the fact, you must have felt a pit in your stomach, as you wondered what would become of this moment. An incident that often lands drivers in this situation is the decision to operate a motor vehicle while under the influence of drugs or alcohol. More commonly known as a DUI, this scenario can also be described as an OWI, or operating while intoxicated. If you are facing your first DUI in Wisconsin, the matter should not be taken lightly. 

What can lead to a first offense DUI in Wisconsin?

OWI charges generally start by being flagged for reckless driving, swerving between lanes, running red lights, causing a wreck, or other modes of erratic driving that would alert an officer that something is amiss. Field sobriety testing is important. After a breath test or blood test, a determination of your blood alcohol content will be made. When facing OWI convictions, jail time is usually on the table, in addition to the possibility of a notice of intent of license suspension as outlined under Wisconsin law regarding a first offense OWI in Wisconsin, or even halting your ability to apply for an occupational license. A penalty for a first DUI in Wisconsin can vary though. With a first offense OWI in Wisconsin comes many charges and penalties. Offenders are charged a $150-$300 fine, as well as a $435 OWI surcharge fee. Penalties consist of the revocation of driver’s license for 6-9 months or more, or a 24/7 sobriety program with a duration of one year. Another preventative measure taken could be to install an ignition interlock — a device that prevents a driver from starting their car until a breathalyzer is passed. With a;; that being said, this offense in Wisconsin is a serious one. Follow the link to learn more: https://wisconsindot.gov/documents/safety/education/drunk-drv/owi-penchrt.pdf

Our Attorneys Understand First Offense DUIs.

Facing your first OWI in Wisconsin does not have to be the end of your story. If you are looking for an experienced OWI attorney in Appleton Wi continue on to read more about our work. With years of experience and a reputation that precedes us, we have successfully assisted many clients just like you have their first offense DUI in Wisconsin be reduced or dismissed as a whole. We know that this time may be scary, but you do not have to go through it alone. At our firm, we truly stand on the principle that knowledge is power, and want to ensure that our clients feel as confident as we do progressing throughout their case. From your initial consultation throughout the process, we will be by your side. https://www.jkippalaw.com/dui-owi/

It depends on what is being said. For example, domestic abuse in Wisconsin includes threatening to cause pain, threatening sexual assault, and destroying property (or attempting to). If you face a protective order or domestic violence charges, it is crucial to seek the advice of an experienced defense attorney.

 

https://www.jkippalaw.com/blog/is-verbal-abuse-considered-domestic-violence-in-wisconsin/

RECENT POSTS

CATEGORIES

Your attorney's experience can make all the difference when your future is on the line. Learn how attorney Jeffrey Kippa can help you move forward.

Call 920-733-1100