Mastantuono Law Office secured dismissals in two separate carrying concealed weapon criminal cases by arguing to the prosecutors that the specific facts, and our client’s character and background, warranted such results. Both cases resolved before Wisconsin’s new CCW law was passed. Once that law goes into effect later this Fall, we expect that there will be many more arrests and cases arising from questions about what the law authorizes and prohibits. Given our vast experience in gun law cases, Mastantuono Law Office will be at the forefront of these cases, and will blog about them here. Stay tuned.
Archive for the ‘Washington County’ Category
Case Results: MLO secures dismissals of carrying concealed weapon criminal charges.
Tuesday, August 2nd, 2011Case Results: UPDATE MLO successfully challenges the constitutionality of law that automatically bars individuals from possessing a firearm following a civil court proceeding.
Tuesday, July 19th, 2011In a decision today, a Milwaukee County Circuit Court Judge dismissed the State’s case against our client, in a case further described below. This is a victory for our client, and for our Constitutional right to possess a firearm, particularly in one’s home and for protection. The law authorizes the government to place reasonable restrictions on firearms. However, Attorney Rebecca Coffee successfully argued today that a one-size-fits all prohibition on gun possession, under any and all circumstances, for individuals following a civil court proceeding was unconstitutional as applied to our client.
In Wisconsin, individuals who are subject to a domestic abuse civil injunction automatically lose their constitutional right to possess a firearm, under any circumstances, for any reason. A domestic abuse injunction is granted if a Court finds “reasonable grounds to believe” that the respondent has engaged in, or may engage in, domestic abuse of the petitioner. If a court grants the injunction, the statute automatically requires a respondent to surrender any firearms. This automatic ban does not contain any exceptions, other than for law enforcement officials, including no exceptions allowing an individual to possess a firearm for protection or self-defense in his or her home. The statute also does not make available any argument by a respondent, or finding by a court official, that the particular individual should not be subject to the automatic prohibition. Mastantuono Law Office has argued that this automatic ban of a fundamental constitutional right following a civil proceeding, violates our client’s right under the U.S. and Wisconsin Constitutions to keep and bear arms for self-defense and protection, a right recently re-affirmed by the United States Supreme Court in District of Columbia v. Heller, 128 S. Ct. 2783 (2008).
The case is currently pending before the trial court in Milwaukee. This blog will be updated with the result of the case.
Case Results: MLO Achieves Misdemeanor Result for Client Accused of Diverting $73,000+
Monday, February 28th, 2011Washington County Case Disposition: February 2011.
A Mastantuono Law Office client accused of unlawfully diverting $73,000 from his mother’s retirement account while acting as her durable power of attorney resolved his felony prosecution in Washington County, agreeing to plead no contest to an amended misdemeanor charge, and was sentenced to three months jail with Huber privileges. Attorney Mastantuono achieved the case result through extensive plea negotiations with the Washington County District Attorney and the client’s ability to personally finance up front restitution. This result avoided a felony conviction and potential prison sentence.