Recent Blog Posts
Changes to Wisconsin’s Sexual Assault Laws Could Be on the Way
Current law defines sexual assault (at minimum) as any intentional, non-consensual sexual touching of intimate parts, directly or through clothing, for the purpose of sexual gratification or victim humiliation. Some lawmakers are looking to make changes to that law that would greatly alter the definition of touching. It would also further restrict who is allowed to give consent in any given situation.
In tandem to those proposed changes, lawmakers in Wisconsin recently introduced a new bill that is designed to provide protections to underage assault victims. Both measures are intended to mostly target college campus and high school sexual assault crimes, but the implications have a much wider net with a penalty that could impose charges, even if no intent exists.
Affirmative Consent, Touching, and the Physically Disabled
How Often Do Wrongful Arrests, Convictions, and Imprisonment Occur?
While most of us would like to believe that wrongful convictions are rare, the real truth is that they are more common than most people realize. Steven Avery, who spent 18 years in jail for a rape he did not commit, and a San Francisco man who spent six years in jail while awaiting trial for a violent mugging that he never did are just two people wronged by our justice system. But they are many. They are also largely unpublicized and undisclosed to the general public.
Study Estimates More than 10,000 Innocent People Are Convicted Each Year
A recent study asked 188 judges, state attorneys general, prosecuting attorneys, public defenders, police chiefs, and sheriffs to estimate the prevalence of wrongful conviction in the United States. Approximately 72 percent of them estimated that less than one percent, but more than zero, received a wrongful conviction.
Understanding the Implications of a Hate Crime
Hate crimes are criminal acts committed because of someone’s race, religion, ethnicity, sexual orientation, gender, gender identity, or disability. Charged and tried according to state statutes, most carry a “penalty enhancement” clause that increases the weight of a penalty. The federal government may also become involved in the investigation or prosecution of a potential hate crime. If you are facing charges for a hate crime, or are at risk for facing such charges, it is important that you understand the possible implications of a potential conviction. Hate Crime Charges in Wisconsin According to Wisconsin state law, hate crimes that would have originally resulted in a misdemeanor charge (other than Class A) have an increased penalty of up to one year in a county jail and a maximum fine of $10,000. Hate crimes that would have originally classified as Class A misdemeanors may result in a maximum of two years of imprisonment and an increased fine of $10,000. For hate crimes that would have been classified as a felony, the maximum fine may not be increased by more than $5,000, but the imprisonment term can be increased by as many as five extra years of imprisonment. FBI Involvement Although, typically, hate crimes are not considered federal offenses, the federal government can and sometimes will aid in the investigation and prosecution of a hate crime. Covered under the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, this involvement can include (but is not limited to) investigative activities, law enforcement support to state agencies, and even federal prosecution if the state is unwilling or incapable of moving forward with a hate crime prosecution. Not All Crimes against Target Groups Are Hate Crimes A crime against someone within a target group is not necessarily a hate crime because bias does not always play a role. If, however, there is any evidence to suggest that you may have committed a crime because of someone’s race, religion, ethnicity, sexual orientation, gender, gender identity, or disability, it could be added to your charges, regardless of your intent. This, paired with the potential increase of punishment, makes the procurement of qualified legal representation critical for anyone who is facing charges over a crime against a target group.The skilled Milwaukee criminal defense attorneys of Gimbel, Reilly, Guerin & Brown, LLP, offer more than 40 years of experience to your criminal case. Comprised of a team that has experience on both sides of the law, our attorneys are capable of doing more than just protecting your rights; they know what it takes to build a solid defense for you. Schedule your consultation by calling our offices at 414-271-1440 today.
Study Finds Falls the Number One Cause for Ocular Trauma
A recent study reveals that falls are the number one cause of serious eye injuries. Fighting came in as the number two reason why eye injuries occur. The study results were recently presented at the annual meeting of the American Academy of Ophthalmology (AAO). Statistics show that over the past decade, eye injuries caused by falls were responsible for almost 8,500 hospitalizations.
The study was conducted by researchers from Johns Hopkins University, who analyzed data collected from almost 47,000 patients who had been diagnosed with ocular trauma. The types of ocular trauma included the eye being pierced by some type of object and orbital fractures. The research team looked at the type of injury, cause of the injury, how long the patient remained in the hospital, and what the total cost of that hospital stay was. They also separated patients by age.
House Fires Responsible for Thousands of Fatalities Every Year
Home fires are responsible for more than 90 percent of fire fatalities in this country. According to the U.S. Fire Administration, there were more than 1.3 million house fires in this country in 2011. More than 3,000 people were killed in those fires, and another 17,000 were injured. In addition to the loss of life, these fires caused a total of 1.7 billion dollars in damages.
The most common causes of house fires include:
- Cooking equipment;
- Heating equipment;
- Arson;
- Electrical wiring or equipment;
- Smoking materials;
- Clothes washer or dryer; and
- Candles.
More than 40 percent of home fires start in the kitchen. Sixteen percent of fire fatalities are a result of kitchen fires. Less than 10 percent of home fires begin in the bedroom, yet these fires result in 25 percent of fire fatalities. Living room fires are responsible for another 25 percent of fire deaths, however, only four percent of home fires begin here.
Basics of the Criminal Process for a Felony
If you have been charged with a felony in Wisconsin, you will find yourself in the middle of a complex criminal justice system. The better you understand what you are facing the better decisions you can make and the more help you will be to your lawyer
Investigation
Criminal cases start out with some type of investigation. The investigation may be triggered by a 911 call or by non-emergency reports of wrongdoing to law enforcement personnel. Initially, you may not even know you are being investigated. Often, law enforcement personnel will want to question you or search your property as part of their investigation. If law enforcement personnel are interested in speaking with you, it is in your best interest to speak with a lawyer first. Arrest The investigation may take a few hours, or a few weeks or months. Once law enforcement personnel believe they have probable cause that you have committed a crime, you will be arrested. Sometimes after an arrest, law enforcement personnel want to speak with you about your case. You have the right to ask for a lawyer and otherwise should remain silent. Bail Hearing Typically, the first hearing will be a bail hearing. You will be brought before a judge and the judge will set the bail amount. If you make bail and follow the conditions of your release agreement, you can remain out of custody as your case moves forward. Preliminary Hearing In a felony case, you have a right to a preliminary hearing you can waive that right if you choose. At a preliminary hearing, both the prosecutor and the defense lawyers will present part of their case to the judge. The judge must decide if there is probable cause to believe you committed the crime for the case to move forward. Arraignment After a preliminary hearing, you will be arraigned. This means that formal charges are presented and a plea of guilty or not guilty will be entered. If a plea of guilty is entered, a trial date will be set.Pretrial Hearings
Determining Who Is at Fault for a Truck Accident
Truck accidents often cause catastrophic injuries. Just like with other kinds of motor vehicle accidents, human error is often to blame for truck accidents, but understanding all the causes of a truck accident can be complicated. There may be several different people in addition to the driver who are partially responsible for a truck accident.
Understanding the Causes of the Accident
Under Wisconsin law, if you are injured because of someone else’s negligence, you have a right to be compensated for your injuries. Before you will be able to collect any compensation, you will need to prove who was at fault for the accident.
Common causes of truck accidents include:
Even a Minor Car Crash Can Trigger CRPS
Complex Regional Pain Syndrome (CRPS) is a condition which is marked by chronic pain, mild or dramatic changes in temperature and skin color, as well as swelling in a patient’s limb(s). It is estimated that anywhere from 20,000 to 200,000 people suffer with CRPS. The cause of the syndrome is unknown. The condition is usually triggered by some kind of trauma or injury to the limb – frequently as a result of a car accident. Often, the initial injury is minor, but can quickly escalate into excruciating pain. The experience that one car crash victim experienced is common. A 45-year-old woman was driving her vehicle when it was bumped from behind by another driver. There was no damage to either vehicle and neither driver appeared injured. However, approximately 12 hours after the accident, the woman developed severe back and neck pain. Over the next couple of months, that chronic pain spread throughout her entire body. The victim had been completely healthy before the incident, and it took months before doctors were finally able to come up with the diagnosis to her severe pain – CRPS caused by the minor fender bender she was in. The woman was eventually awarded $3 million in a personal injury lawsuit. CRPS is often missed by physicians, who often think patients are exaggerating their symptoms, given no serious injury has occurred. One young victim, who developed CRPS after spraining his ankle, described the pain as feeling as if “a boa constrictor tightening around your foot while it is being stabbed with a knife from the inside and simultaneously set on fire.”Symptoms for CRPS include:
Could Samsung’s “Transparent Safety Truck” Improve Safety on the Road?
After months of experimentation, Samsung is officially releasing its transparent “safety truck” for safety and efficacy testing in Argentina. Designed to allow drivers to see what is in front of the commercial vehicle, it gives kind of a “see through” effect to help drivers determine if it is safe to pass around. But could this technology really improve safety on the road by reducing the frequency of truck-related accidents?
About the Technology
Revealed to the public in the summer of 2015, and demonstrated at the La Plata racetrack in Buenos Aires February 2016, the technology uses two front-facing cameras that emit a live-feed onto four large panels on the back of the truck to supply one large, constant display of what is in front of the truck. It is designed to be dust-proof and waterproof, and is meant to provide a crisp, clear image in both strong sunlight, and at night.
Your Right to Remain Silent: A Good Criminal Defense Starts with You
Some people mistakenly believe that their criminal defense starts after getting arrested. However, if you understand your rights, your potential defenses will start when you first come in contact with law enforcement. One of the most important rights to understand is your right to remain silent.
The Right to Remain Silent and the Constitution
The phrase “the right to remain silent” is not in the U.S. Constitution. Instead this right comes from the aftermath of a Supreme Court case called Miranda v. Arizona. In this case the Supreme Court held that law enforcement had a duty to inform people who were under arrest about their constitutional rights. The right to remain silent refers to the right not to be compelled to incriminate yourself. The Fifth Amendment prohibits police from forcing a confession.