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Recent Blog Posts
Consequences of a Drunk Driving Conviction in Wisconsin
Operating a vehicle while under the influence of drugs or alcohol can have some very serious consequences. Drunk driving charges not only have the potential to lead to a criminal record and incarceration, but they can also impact a future job, your family, reputation, driver’s license, and even your bank account.
According to the Wisconsin Department of Transportation, Wisconsin has the highest rate drunk driving across the nation. In 2012 alone, there were over 33,000 drunk driving convictions. Alcohol-related crashes injured approximately 3,000 individuals and killed another 223. Of all fatal traffic accidents that occurred within the state of Wisconsin during 2012, approximately 36 percent involved alcohol.
As you can see, law enforcement agencies across the state of Wisconsin have been aggressively cracking down on drunk driving. If you are charged with an OWI, you should consult an experienced OWI defense attorney who will significantly increase your chances of avoiding or mitigating the penalties associated with an OWI conviction.
NJ Parents Forced to Pay College Tuition – Could it Happen in Wisconsin?
By Attorney Max Stephenson
In the category of “you can’t make this stuff up,” is a family law case out of Camden County, New Jersey. In the case, Temple College Junior, Caitlyn Ricci, sued her divorced parents after they refused to pay her college tuition. While the terms of their divorce settlement settled the issue of child support, there was no stipulation as to how her college education would be paid.
According to the CBS affiliate in Philadelphia, during her childhood, Ricci’s parents did their best to support each other in parenting their daughter. Upon graduating from high school in 2012 it was determined that Caitlyn would attend Gloucester County College and live at home with her mother. In an effort to prove she was ready to take the next step and live away from home, she accepted an internship at Walt Disney World. The internship, however, was terminated when she was sent home for underage drinking. After a dispute with her parents about living away from home and attending school out of state, she moved in with her paternal grandparents.
Recovering Damages in Uninsured Motorist Accidents
Typically, every individual involved in automobile accident carries insurance to cover medical and property damage to all those involved. This is because almost every state, including Wisconsin, requires every driver of an automobile to maintain continuing insurance coverage. But sometimes, a driver’s automobile coverage will lapse or the driver may neglect to carry automobile insurance.
According to the Wisconsin Department of Transportation, the Uninsured Motorist/Safety Responsibility law was enacted in 1945 to deter individuals from driving uninsured vehicles and to protect citizens who suffer property or medical damages from motorists who fail to carry insurance. The law applies to all drivers and anytime an automobile is involved in an accident, the Wisconsin Division of Motor Vehicle performs an inquiry to determine if all drivers involved in the accident were insured. If a driver is uninsured, their license and motor vehicle registration will be suspended.
Identifying Injuries in Elder Abuse or Neglect
Every year, millions of elderly individuals in the United States are placed in residential facilities, nursing homes and assisted living centers. Unfortunately, the National Institutes of Health (“NIH”) estimates that over two million elderly United States residents placed in these types of facilities experience some form of abuse and neglect.
In 2009, NIH found that approximately 5,300 cases of abuse or neglect were reported to the Wisconsin Department of Health and Human Services, which maintains a sophisticated reporting system across the state of Wisconsin. According to the Wisconsin Department of Health and Human Services, of the 5,300 plus cases of suspected abuse or neglect involving elderly individuals in residential facilities, 28 were tragically related to death while another 371 incidents were considered-life threatening.
Federal Wire Fraud: Connecting Prosecutors, Defendants and Correctional Institutions since 1956
When people hear the term white collar crime, many do not think of it as a serious enough crime to warrant the advice of an attorney, as crimes of violence typically do. White collar crimes, such as wire fraud, are non-violent crimes and are usually committed by professionals in government and business.
Recently, a host of wire fraud charges have been popping up across the United States and Wisconsin. A 64-year-old executive banker in Wisconsin was convicted on five counts of wire fraud on April 5, 2015 for fraudulent misrepresentations made in relation to a commercial real estate purchase. Likewise, on April 23, 2015, a 32-year-old Nigerian woman living in Chicago was charged with devising a fraudulent scheme in Wisconsin by creating fake profiles on Internet dating sites, targeting victims and convincing them to send money in exchange for fraudulent checks. The federal government charges individuals with wire fraud at a much higher rate than other crimes, such as tax fraud, healthcare fraud and securities fraud because, ultimately, it is much easier for them to prove.
Burn Injuries: Recovering from the Carelessness of Others
Burn injuries may be some of the most tragic, painful and horrific injuries a person can suffer. They can result in permanent disfigurement, significant medical expenses, and medical treatment that could potentially last a lifetime. If someone performed an act - or failed to act - in a situation that caused your injuries, and this person failed to act like a reasonably prudent person would in a similar situation, this individual could be held liable under the theory of negligence.
The American Burn Association estimates that, in 2013, over 450,000 people across the United States received medical treatment for injuries related to burns. Additionally, more than 3,400 people died due to fire, burn, and smoke inhalation injuries. Lastly, over 40,000 people were hospitalized due to burn-related injuries. According to the Wisconsin Department of Health and Human Services, in 2005, burn injuries sent over 7,770 citizens to emergency rooms across the state, over 600 citizens were hospitalized for longer-term care, and 61 individuals died as a result of their burn wounds.
Posting Bail: Understanding the Process and Your Options
Typically, when an individual is arrested and charged with a crime, they have to wait weeks, months or even years before their case goes to trial. Depending on the circumstances of your case, you might be required to sit in jail until the day of trial comes. But, not everyone who gets arrested is required to stay in jail until trial.
Posting bail is the only way to leave jail and remain free until your trial date. There are a few different ways to be released on bail. Cash, bonds, or property is considered bail and you may give one or more of these items to the court to ensure that you will appear whenever the court orders. Sometimes, if you are facing less serious charges, the court will release you on your own personal recognizance. But, if you do not show up on the court ordered date, then the court will keep the bail you posted and issue a warrant for your arrest.
Grand Jury Proceedings in Wisconsin
Over recent months, the news has contained a significant amount of stories relating to a grand jury. However, these stories often provide little information as to the function of the grand jury. The jurors who attend the grand jury are similar to trial jurors in that they are randomly selected from the community and they listen to the evidence. However, there are some differences between the two.
A trial juror determines whether or not a defendant is guilty beyond a reasonable doubt. Grand jurors, on the other hand, decide if there is probable cause that the suspect is guilty of a crime, and they issue indictments that charge the suspect with a crime. Also, grand jury proceedings are secret while trial jurors serve in trials open to the public. Grand juries are made up of 16 to 23 jurors who serve from six to 18 months and trial jurors will usually serve for a week or two, depending on the trial.
Assault and Battery in Personal Injury Cases
Commonly, when you hear the term personal injury, you may think of an individual involved in a car accident or someone slipping and falling. However, acts that are intentional, instead of accidental, can lead to personal injury cases as well. For instance, assault and battery are intentional torts that form the basis of lawsuits in civil and criminal courts. Typically, the victim of a battery can sue the offender seeking compensation for any personal injuries the victim sustained as a result of the battery.
Assault and battery are defined differently under tort law than under criminal law. Tort law defines assault as any intentional act that is meant to cause a reasonable apprehension of imminent and harmful or offensive contact, while battery has the same elements as assault, but requires a harmful or offensive contact against another. Under Wisconsin criminal law, assault is punished as an attempted battery and the crime of battery can be aggravated by many different circumstances, vastly increasing the associated punishment.
Pedestrian Accident Injuries
Each year, thousands of innocent pedestrians die and tens of thousands suffer serious injuries from careless or reckless drivers. Of course, the harm that can result from a pedestrian being struck by an automobile, whether it is traveling slowly or fast, is significant, and may certainly lead to lifelong effects. The costs of medical care can add up quickly and exceed the annual income of most Wisconsin families.
According to the Centers for Disease Control and Prevention, approximately 4,700 pedestrians were killed in 2012 due to traffic accidents while another estimated 76,000 suffered injuries related to traffic accidents across the United States. Based on these statistics, a pedestrian dies every two hours due to a car accident, and every seven minutes a pedestrian suffers an injury due to a car crash as well. Innocent pedestrians are 1.5 times more likely to be killed in a car accident than passengers in a vehicle.
