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. […]
Understanding the Implications of a Hate Crime
/in Criminal Defense/by Gimbel, Reilly, Guerin & Brown, LLPHate 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. […]
Basics of the Criminal Process for a Felony
/in Criminal Defense/by Gimbel, Reilly, Guerin & Brown, LLPIf 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. […]
Your Right to Remain Silent: A Good Criminal Defense Starts with You
/in Criminal Defense/by Gimbel, Reilly, Guerin & Brown, LLPSome 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 […]
Lifetime GPS Monitoring of Convicted Felon Upheld in Federal Appeals Court
/in Criminal Defense/by Gimbel, Reilly, Guerin & Brown, LLPGPS 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 […]
Trickery, Baiting, Suggestibility and Lies – Interrogation Tactics Described in the Netflix Series “Making A Murderer” Are Not Uncommon
/in Criminal Defense/by Gimbel, Reilly, Guerin & Brown, LLPSince the airing of the 10-episode Netflix documentary, “Making a Murderer” began in January 2016, the cases of Steven Avery and Brendan Dassey have drawn a considerable amount of attention from the public and the media around the United States. Many are both surprised and outraged by the details of Avery’s original wrongful conviction, and […]
Why Are Homicide Rates up in Milwaukee?
/in Criminal Defense/by Gimbel, Reilly, Guerin & Brown, LLPIn 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 […]
Framed by a Fly: Forensic Scientist Says Flies Are Capable of Transporting DNA Evidence
/in Criminal Defense/by Gimbel, Reilly, Guerin & Brown, LLPInside 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 […]
Sudden Infant Death Syndrome and the Charges Parents May Face
/in Child Abuse/by Gimbel, Reilly, Guerin & Brown, LLPEach year, more than 3,500 children die of Sudden Infant Death Syndrome (SIDS), which is the sudden death of an infant that cannot be explained after a thorough investigation. So much about what causes SIDS is still unknown. The cause of many SIDS deaths remains a mystery. Unfortunately, some SIDS deaths end up resulting in criminal […]
Kosar DUI – What is His Defense?
/in Operating While Under the Influence/by Gimbel, Reilly, Guerin & Brown, LLPIn late September, was reported that former Cleveland Browns Quarterback, Bernie Kosar, had been arrested on a DUI charge. The police report indicated that he was pulled over at 2:40 in the morning after speeding through a construction zone (74 in a 50 mph speed zone). When the office approached the car and asked if he had […]
Backdoor Prohibition? The Road to 0.05
/in Operating While Under the Influence/by Gimbel, Reilly, Guerin & Brown, LLPBy Attorney Steven C. McGaver Recently, the National Transportation Safety Board recommended that all fifty states should lower the legal blood alcohol limit from 0.08 g/100 ml to 0.05 g/100 ml. According to the NTSB, at .05 BAC, some drivers begin having difficulties with depth perception and other visual functions. As expected, the American Beverage Institute […]