Legal Question in Criminal Law in Wisconsin

Many people who have a felony conviction in their past receive a nasty surprise when they are arrested because another occupant of their home or apartment keeps a gun somewhere in the residence, even if they were not aware that it was there. Police often interpret the mere presence of a weapon in the same home as "possession" of a weapon by a convicted felon. In reality, the government would need to prove beyond any reasonable doubt that the convicted felon had knowledge that the weapon was present, as well as some slight level of access to it. While mere presence of the gun in the residence could allow a reasonable jury to rule this way, the defendant would have many defenses available at trial which could cause the jury acquit him or her if the issue of ownership and exclusive control by another resident was properly presented at a jury trial. Still, a person with a felony record would be wise to avoid living in any residence where a gun was present in order to avoid any risk of such a conviction, since these convictions frequently result in a long prison sentence. Anyone with a felony in their past should therefore make all other residents or persons present in their home aware of their lifelong restriction from being around weapons, and make sure that they leave any time that a weapon is present at or near their residence. My comments in this public web forum are intended only for public educational purposes and not as legal advice for you. However, you are welcome to contact me at my office in Racine if you wish to retain me for a higher level of assistance.

Many people who have a felony conviction in their past receive a nasty surprise when they are arrested because another occupant of their home or apartment keeps a gun somewhere in the residence, even if when they are not aware that was in the home. This is because many police agencies often aggressively interpret the mere presence of a weapon in the same home as "possession" of a weapon by a convicted felon, leading to an arrest and felony charges. In reality, the government would need to prove beyond any reasonable doubt that the convicted felon had knowledge that the weapon was present, as well as some slight level of access to it. While mere presence of the gun in the residence could allow a reasonable jury to rule this way, the defendant would have many defenses available at trial which could cause the jury acquit him or her if the issue of ownership and exclusive control by another resident was properly presented at a jury trial. Still, a person with a felony record would be wise to avoid living in any residence where a gun was present in order to avoid any risk of such a conviction, since these convictions frequently result in a long prison sentence. Anyone with a felony in their past should therefore make all other residents or persons present in their home aware of their lifelong restriction from being around weapons, and make sure that they leave any time that a weapon is present at or near their residence. My comments in this public web forum are intended only for public educational purposes and not as legal advice for you. However, you are welcome to contact me at my office in Racine if you wish to retain me for a higher level of assistance.