Forensic science has made great strides over the past several decades, turning a variety of technological advances into techniques for solving crimes. Arguably, the most important of these advancements was the ability to analyze DNA evidence left at crime scenes. Now, police departments in Wisconsin are introducing a controversial new version of DNA testing, familial DNA […]
New Challenge to the Informing the Accused Form
/in Criminal Defense/by Gimbel, Reilly, Guerin & Brown, LLPWisconsin law requires police officers to take steps to inform people accused of operating while under the influence of an intoxicant (OWI). Among these steps is the requirement that police provide a form known as an Informing the Accused from. This form informs a driver that the police would like to test them for alcohol […]
Miranda Warning for Defendants in Wisconsin
/in Criminal Defense/by Gimbel, Reilly, Guerin & Brown, LLPThe U.S. Constitution provides people who are taken into police custody with a variety of rights, including the right to remain silent and the right to an attorney. However, because of the complex legal nature of these rights, the Supreme Court has required officers to read a short explanation of these rights to people being taken into […]
White Collar Crime and Fish Shredding
/in Criminal Defense/by Gimbel, Reilly, Guerin & Brown, LLPFor many people, the mention of white collar crime conjures up images of corporate executives undertaking shady accounting practices and then shredding their paper trail. White collar crime does not normally bring to mind fishermen and fishing regulations, but the U.S. Supreme Court recently agreed to hear a case, Yates v. U.S., that could expand a major law […]
Probable Cause and the Scent of Alcohol
/in Criminal Defense/by Gimbel, Reilly, Guerin & Brown, LLPDrunk driving charges can have serious consequences that follow a person for the rest of his or her life. For instance, a person with three or more OWI convictions is subject to a reduced blood alcohol concentration (BAC) standard. Ordinarily, this limit is 0.08, but those with more convictions are subject to a 0.02 limit. This means […]
Civil Asset Forfeiture: The Police’s Right to Confiscate Property
/in Criminal Defense/by Gimbel, Reilly, Guerin & Brown, LLPWhile there are a variety of legitimate reasons for police to seize property associated with criminal activities, these sorts of seizure laws are ripe for abuse if not properly supervised. A disturbing nationwide trend of police improperly seizing property under “civil asset forfeiture” laws has recently been garnering a large amount of media attention. These […]
Probable Cause and Warrant Requirements
/in Criminal Defense/by Gimbel, Reilly, Guerin & Brown, LLPLaw enforcement officers are often allowed a surprising amount of leeway with the truth during the course of an investigation, but a new case involving the FBI in Las Vegas may greatly expand that power, creating serious privacy concerns in the process. In the case, FBI agents cut off the internet connection into a person’s […]
Wisconsin Introduces Controversial Familial DNA Testing
/in Criminal Defense/by Gimbel, Reilly, Guerin & Brown, LLPForensic science has made great strides over the past several decades, turning a variety of technological advances into techniques for solving crimes. Arguably, the most important of these advancements was the ability to analyze DNA evidence left at crime scenes. Now, police departments in Wisconsin are introducing a controversial new version of DNA testing, familial DNA […]
Insanity Defense: Mental Health and the Legal System
/in Criminal Defense/by Gimbel, Reilly, Guerin & Brown, LLPModern media like movies and television often like to use the intersection of mental health and the law as a plot device, playing on legal theories like the insanity defense. However, this trend often leads to misconceptions about how mental health and the criminal justice system interact. Fundamentally, a defendant’s mental health can become important at […]
Wisconsin Judges Showing OWI Leniency
/in Criminal Defense/by Gimbel, Reilly, Guerin & Brown, LLPThe Wisconsin state legislature has attempted to take a hard line when it comes to the crime of Operating While Intoxicated (OWI). One major part of this effort has been their institution of mandatory minimum sentences for repeat OWI offenders. However, the exact length of the mandatory minimum depends on the number of previous OWIs, how long […]
How the Grand Jury Works
/in Criminal Defense/by Gimbel, Reilly, Guerin & Brown, LLPRecent events in Ferguson and New York have prompted an increased interest into the workings of the criminal justice system. One particular area of interest is the way in which a grand jury functions. Although grand juries often appear tangentially in news stories, their secretive nature means that most people tend to pay them little attention. […]