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 […]
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. […]
New DNA Collection Law Makes More Work for Wisconsin Law Enforcement
/in Criminal Defense/by Gimbel, Reilly, Guerin & Brown, LLPThe advent of DNA evidence has allowed police to solve crimes more easily and with greater certainty than before. Now, new DNA evidence collection requirements are pushing the state to expand its workforce to keep up with the increasing flow of samples that will soon come through state labs. These new requirements may keep Wisconsin citizens safer, […]
Wisconsin Law Mandates Independent Review of Officer-Involved Deaths
/in Criminal Defense/by Gimbel, Reilly, Guerin & Brown, LLPIn the wake of the tragic deaths of Michael Brown and Eric Garner, a Wisconsin law that was passed back in April is getting new scrutiny across the country. The law requires an independent set of professionals to review officer-involved deaths, and many people are viewing it as a necessary check on police power. The law itself came […]