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Recent Blog Posts
Plea Bargaining When Charged with a Drunk Driving Offense
Many criminal cases, including drunk driving charges, are resolved out of court through the process of plea bargaining. Plea bargaining moves cases through the criminal justice system without going through the lengthy trial process. A plea bargain, or deal, is an agreement between the defendant and the prosecutor. The defendant pleads guilty to the main charge or a less serious offense while the prosecutor drops one or more charges or recommends a specific sentence that is favorable to the defendant.
- Defendants avoid the time and cost of defending the case at trial;
Drunk Driving Accidents: Bad Memories That Last Forever
Recently, a significant amount of civil lawsuits involving personal injuries caused by drunk drivers are being filed with state courts around the country, including Wisconsin. Sadly, the harsh criminal penalties and lengthy periods of incarceration associated with drunk driving have not done enough to deter drunk drivers from getting behind the wheel.
The Centers for Disease Control and Prevention estimates that 30 individuals die every day in motor vehicle accidents across the United States. In 2013, approximately 10,000 individuals were killed in automobile accidents related to alcohol-impaired drivers. Wisconsin has the highest rate of drunk driving out of all other states in the United States and over 33,000 Wisconsin citizens were convicted of a drunk driving-related offense in 2012. During that same year, 223 individuals were killed and over 3,000 suffered injuries because of drunk drivers.
Drug Offenses in Wisconsin: Understanding the Sentencing Process
The sentencing phase takes place after you are convicted of a crime. This phase occurs immediately after you enter a guilty plea, or as a result of a jury or bench trial verdict. Depending on the seriousness of the crime you were charged with, the judge determines the appropriate punishment. Many states, including Wisconsin, group crimes into three categories: (1) felony; (2) misdemeanor; and (3) petty offenses. Felonies are the most serious crimes, while petty offenses are the least serious. However, drug offenses are usually classified as misdemeanors or felonies.
- The type of substance you were in possession of when committing the crime;
- The amount of the substance; and
Negligent Supervision: Recovering for the Personal Injury Your Child Suffered
There is nothing worse for a parent than watching his or her child suffer from the pain and healing process of a serious injury, especially one caused negligently by another party. As a parent, if someone negligently caused harm to your child, you can hold that individual responsible and accountable for his or her actions or inaction.
Unfortunately, many children fall victim to the negligent or reckless conduct of others. According to the National Center for Education Statistics, in the fall of 2014, across the United States, an estimated 54 million students were enrolled in private and public elementary and secondary schools. The Centers for Disease Control and Prevention estimates that nine million children under the age of 19 are treated for unintentional injuries at emergency rooms across the country. Likewise, over an estimated 225,000 are hospitalized for unintentional injuries while more than 9,000 children die each year due to unintentional injuries.
Right to a Speedy Trial in Drug Cases
In all criminal prosecutions, including drug cases, you have a right to a speedy trial. This prevents the state or prosecution from keeping you in jail for an indefinite period of time without trial. However, the right to a speedy trial does not apply to every single stage of a criminal case. It will only arise after you are arrested or otherwise formally accused of a crime by the government.
The right to a speedy trial is derived from the Sixth Amendment of the United States Constitution. The federal government and Wisconsin have passed statutes requiring the government, state or federal prosecutors to prosecute a defendant within a specified period of time. In Wisconsin, misdemeanor cases are required to go to trial within 60 days from the initial court appearance. On the other hand, in felony cases, the defendant or prosecutor has to make a demand for trial after formal charges, and a trial must commence within 90 days from that demand. There are certain exceptions that can extend or delay the specified time periods.
Drug Charges and Preliminary Hearings: Testing the Strength of the Prosecution’s Case
Many states, including Wisconsin, require preliminary hearings to be held when you are facing felony charges and plead not guilty at arraignment, also known as the “initial appearance.” Depending on the circumstances of your case, you may decide to waive the preliminary hearing, give up your right to have one and proceed to trial. However, there are many circumstances where having a preliminary hearing will benefit you.
A preliminary hearing is held to determine whether probable cause exists to bind you over for trial. Probable cause is a standard of proof and merely requires the prosecution to provide enough evidence tending to show: (1) that a felony was probably committed in the state of Wisconsin; and (2) that you were the individual that probably committed the felony. In order to show that the prosecution met its standard of proof, the police officer(s) who arrested you will be required to testify.
The Types and Calculation of Damages Available in Personal Injury Lawsuits
When you are involved in an accident that causes you to suffer a personal injury, there are many questions on your mind. Some of these questions may include wondering how much your case is really worth. The law views the value of your case in terms of damages and there are many factors that contribute to them.
You can receive money damages in one of two ways. You can try reaching a settlement with the party responsible for your injuries or their insurance company. If that fails, you can file a lawsuit against the party who caused your injuries and the judge or jury can award money damages to you after trial.
If you or someone you loved suffered a personal injury as a result of the negligent or outrageous behavior of another, you should contact an experienced personal injury attorney who will be able to properly evaluate your case, identify the possible amounts of recovery and provide you with the best course of action to receive the compensation you deserve.
Truck Accidents: When Large Trucks with Brake Failures Collide with Passenger Vehicles
Traffic accidents involving large trucks are unique. The average passenger automobile weighs approximately 3,000 pounds while a large truck weighs upwards of 10,000 pounds. Depending on what the trucks are hauling, they could weigh up to 80,000 pounds. When a large truck collides with passenger vehicles, the results can be catastrophic. In many cases across the United States and Wisconsin, truck accidents involve multiple parties, serious injuries or even death.
According to the National Highway and Traffic Safety Administration (“NHTSA”), in 2013, large trucks were involved in an estimated 342,000 traffic accidents across the United States. Approximately 95,000 people suffered injuries as a result of these accidents, while 3,964 lost their lives. The Wisconsin Department of Transportation indicated that large trucks were involved in approximately 5,882 traffic accidents in Wisconsin. As a result of these accidents, an estimated 1,800 individuals suffered injuries while 71 individuals lost their lives.
Why Mediation in Personal Injury Cases Can Be Beneficial
Over the last few decades, mediation has become an essential tool in personal injury cases. Litigation can be stressful and time-consuming, and it may lead to expensive attorney’s fees for both parties. In some instances, mediation permits the parties, lawyers and insurance adjusters to reach an agreement without having to file a lawsuit. In most cases, mediation leads to a sensible conclusion for both parties. However, it does not always work, and if it fails early on in your personal injury case, it might be beneficial to try mediation at a later date prior to trial.
Under Wisconsin law, a judge may, in any case, order both parties to participate in a mediation, in an attempt to settle the claims, especially in personal injury cases. Depending on what county in which your personal injury case is filed, or the judge you are in front of, you may be required to participate in mediation prior to setting a trial date. Sometimes, a judge can decide to order mediation in a case, in which case both parties would be required to personally participate.
Understanding Miranda Rights: Right to Counsel and Avoiding Inadvertent Waiver
Through each stage of the criminal justice system you have rights that must be protected. The Fifth and Sixth Amendments to the United States Constitution grant you many rights, including the right to an attorney in most stages of criminal proceedings. These rights ensure that your trial is fair and that you do not unjustly get sent to prison. However, some of your rights, including the right to an attorney, can be waived.
Each year numerous people are arrested in the United States and are charged with drug violations. To be sure, the Bureau of Justice Statistics, in 2007, estimated that 14 million individuals were arrested across the United States, and approximately 1,800,000 of those individuals were arrested for drug violations. In Wisconsin, according to the Wisconsin Department of Justice, approximately 340,000 individuals were arrested in 2012, and an estimated 27,000 of those arrests were related to drugs.
