Recent Blog Posts
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.
Lifetime GPS Monitoring of Convicted Felon Upheld in Federal Appeals Court
GPS monitoring is often used when a criminal defendant is out on bail, or when someone who has been convicted of a crime is on probation or other provisions of release require it. In Wisconsin, that law extends to convicted sex offenders, who must wear the GPS tracking devices for the rest of their lives. One man recently attempted to have this mandate overturned, but his request was denied in federal appeals court. Wisconsin’s GPS Laws on Sex Offenders In 2006, Wisconsin enacted a law that allowed any convicted sex offender who completed their prison term and finished 20 years of monitoring to apply to have their GPS tracking bracelet removed. However, those who have prison terms followed by civil commitment under the Chapter 980 law must wear the bracelet for life. Although this particular portion of the law has garnered a great deal of criticism from advocates that find it cruel, unnecessary, and excessive, the recent ruling suggests that it is unlikely to be amended any time soon. Why a Skilled Criminal Defense Attorney Is Critical for Sex Offense Crimes in Wisconsin Sexual offense charges in any state are considered especially heinous crimes and they often result in lengthy sentences and extreme measures like the lifetime GPS tracking device. Those facing charges are often stigmatized, even before they reach a courtroom. A skilled and experienced criminal defense attorney can protect your rights and ensure you receive the fair trial you deserve. Gimbel, Reilly, Guerin & Brown, LLP has been serving the Wisconsin area since 1968. Committed to providing you with the legal representation you deserve, our attorneys will work hard to help you reach the best possible outcome for your unique situation. To learn more about our award-winning services, schedule your consultation with our skilled Milwaukee criminal defense attorneys. Call 414-271-1440 today.
National Highway Traffic Safety Administration Endorses Seat Belts on School Buses
For years, safety advocates from the National Highway Traffic Safety Administration (NHTSA) have suggested that school buses were safe enough without seat belts. However, the agency recently acknowledged that this message is not only contradictory to their stance on passenger safety, but that it may also be inaccurate. Unfortunately, making the changes might prove to be especially difficult.
School Transportation Fatalities Already Rare
Motor vehicle accidents kill thousands of Americans each year, but according to a study from the NHTSA school bus fatalities account for less than one percent. If put into context, that equates to about six children per year. The remainder of all deaths (1,353 from 2003 to 2012) were of people outside of the buses – pedestrians, bicyclists, and other drivers.
Trickery, Baiting, Suggestibility and Lies – Interrogation Tactics Described in the Netflix Series “Making A Murderer” Are Not Uncommon
![Trickery, Baiting, Suggestibility and Lies – Interrogation Tactics Described in the Netflix Series “Making A Murderer” Are Not Uncommon Wisconsin defense attorney, Wisconsin criminal lawyer, Miranda warning](/images/blog/2016/02/interrogation-tactics1.jpg)
Why Are Homicide Rates up in Milwaukee?
In 2015, 160 people were killed in the city of Milwaukee, this is the highest number of homicides since the early nineties. This number is alarming to city and state officials, especially after there were only 86 homicide victims in Milwaukee in 2014, the lowest number the city had seen in years. This 69 percent increase in homicides is a larger increase than cities like St. Louis, Washington D.C., and Baltimore, which all received media attention due to homicide rates. Now, city and state officials are wondering what has caused the increase.
Why the Increase in Homicides?
“That is the million-dollar question,” says a leader of the Milwaukee Homicide Review Commission, an organization that studies homicides and incidents of gun violence in Milwaukee. Many trends in the city have remained constant. A majority of the victims were African-American men. Most of the victims were shot to death. Some victims were related. What exactly caused the dramatic increase in homicide this past year remains somewhat of a mystery. There are many different theories that have been discussed. Some Milwaukee residents say the problem stems from poverty. Some say segregation is the issue. Other reasons cited are easily accessible firearms, too much policing, or police are not doing enough.
Framed by a Fly: Forensic Scientist Says Flies Are Capable of Transporting DNA Evidence
Inside a courtroom, and to a jury, a DNA sample almost always seals the case against an alleged criminal; it would seem appropriate, considering how the odds of a false identification is lower than one in 10 million. But real and valid cases of DNA contamination - from the “trace” DNA samples that can be transferred by a mere handshake, to a single intact sperm inadvertently finding its way onto a slide containing a woman’s vaginal secretions – suggest that our reliance on DNA evidence has become more than slightly concerning.
DNA Evidence – Then and Now
When DNA analysis first emerged, a decent amount of evidence was needed to extract just a partial profile (think a blood stain the size of a quarter). But, as modern science has improved, the sample of DNA needed to supply incriminating evidence has decreased exponentially. Today, an entire profile can be created with a sample the size of a pinhead. Unfortunately, that improvement has come at a price; and quite often that price is the wrongful conviction of an innocent person.
Fraud, Forgery, and Bad Checks in the State of Wisconsin
Fraud, forgery, and criminal charges resulting from writing a bad check can seem rather similar. However, there are some significant differences between these types of offenses; the most notable of which rests in the defendant’s intentions. If you are facing criminal charges for fraud, forgery, or charges related to writing a bad check, know your rights and how you may best take action to avoid maximum penalties.
Forgery
Forgery is defrauding another through the alteration or writing of an object so that it appears it was written or made by another individual. For example, a woman recently had a warrant issued for her arrest after allegedly altering a check written to her by a resident at the centerat which she works. Originally written for $11, she reportedly changed it to read $11,000 and then deposited the check into her bank. Possession or use of an altered document may also constitute forgery charges, even if the person in possession of the document was not the one who altered it.
White Collar Crime Lawsuits and Criminal Investigations
White collar crimes are often complex and involve months and years of preparations before prosecutors bring formal charges. There is no official set of crimes under the law called white collar crimes. However, federal and state crimes involving fraud and finances are generally considered to be white collar crimes. These include things such as embezzlement, securities fraud, computer crimes, and identity theft.
Dangers of a Lengthy Investigation
Because white collar crimes often involve many different sets of financial records and a complicated set of facts, the investigations are often lengthy. Law enforcement investigations may span months, or even years..
What If There Is a Lawsuit?
Another consequence of the sometimes-lengthy criminal investigation process is that those who have lost money may file a civil lawsuit. As part of a civil lawsuit, defendants may be required to testify under oath and provide thousands and thousands of pages of documents, Oral testimony or anything turned over in the civil case may also be used in a criminal case.
Elder Abuse: Can You Sue a Nursing Home for Wrongful Death, Abuse, or Negligence?
According to statistics, elder abuse occurs in one out of three nursing homes. Often, that abuse is experienced at the hands of staff, but a recent study has also revealed that resident-on-resident abuse occurs frequently as well. One woman, suffocated and strangled to death, is an example of the latter. But just how much ammunition do you or your loved ones have against a nursing home if wrongful death, abuse, or negligence has occurred? The answer to that question may lie in the paperwork.
Roommate Charged with Murder, Nursing Home Never Implicated
Despite alleged documents that stated the deceased’s roommate was a risk to herself and/or others, authorities focused their attention on the resident actually responsible for the 100-year-old woman’s death rather than investigating the facility. Charged with murder and then deemed unfit to stand trial because she suffered from dementia, she was eventually committed to a state hospital. But the nursing home responsible for their care was never implicated, either criminally or otherwise.
Premises Liability: What Happens When Passersby Are Injured by Construction Work?
In February, a nearly 600-foot tall crane crashed onto the buildings, cars, and pedestrians in downtown Manhattan. One man, a Harvard-trained mathematician, was killed. Three others were injured. What rights do these individuals have under the law? Can they seek compensation? And just how difficult will the process be?
How Frequent Are Construction Site Injuries?
According to the U.S. Department of Transportation Federal Highway Administration, approximately 1.6 percent of all roadway crashes occur within construction work zones. Of those, approximately 0.6 percent were fatal (576 fatalities), 30 percent resulted in injury, and 69 percent caused only property damage. Most occur during active work hours (70 percent).
Passersby Have Right to Reasonable Expectations