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Recent Blog Posts
Not Guilty: Defending against Bank Robbery Charges
Traditionally, robbery was defined as using force or intimidation to take property from another. Today, when individuals steal from a bank by force or intimidation, they are guilty of bank robbery. The simple conduct of passing a note to a bank teller demanding money falls under the category of bank robbery even if you did not use a weapon, it is intimidation.
Under Wisconsin law, bank robbery is a serious offense. According to the law, a person who commits bank robbery is one who: “by use of force or threat to use imminent force takes from an individual or in the presence of an individual money or property that is owned by or under the custody or control of a financial institution.” Bank robbery is a Class C felony and carries a possible $100,000 fine, up to 40 years imprisonment, or in some cases both.
Objective Reasonableness: Mistakes of Law and the Fourth Amendment
When you are about to be pulled over by law enforcement officers, you presume the officers pulling you over know the law, since they are charged with enforcing it. Usually, law enforcement officers are aware of the laws they are enforcing. Sometimes, however, law enforcement officers stop you based on their mistaken belief of the law — specifically, on an incorrect understanding of the law.
- Judged through the perspective of a reasonable officer;
Negligence: The Disastrous Effects of Tractor Trailer and Automobile Collisions
When large trucks or tractor-trailers are involved in accidents with passenger automobiles, the results are usually disastrous. The sheer size and weight disparity between these two types of vehicles mean that even minor accidents have the possibility of causing serious injuries and even death. When you add a careless truck driver to the mix, it is certainly a recipe for catastrophe.
In 2013, the Wisconsin Department of Transportation estimates that large trucks were involved in over 7,000 accidents across the state of Wisconsin, resulting in 86 deaths and approximately 1,500 injuries. Unfortunately, trucking accidents are part of sharing the roads and highways with commercial trucking vehicles. In 2012, the National Highway and Traffic Safety Administration estimated that large commercial trucks were involved in over 330,000 accidents that resulted in approximately 3,900 deaths and 104,000 injuries. In any event, the law in Wisconsin, and the majority of the United States, provides that when the negligence of another driver contributes to an accident and causes you to suffer injuries, you are entitled to compensation for those injuries.
Attempted Homicide and the Prosecution’s Case
Homicide charges are some of the most serious crimes punished by society because homicide is often an intentional or unlawful taking of a human life, unless it is justified. In most states, including Wisconsin, the death penalty has been abolished. However, if someone commits homicide while also committing federal crimes, even if they lived and committed those crimes in Wisconsin, they could be subject to the death penalty.
Like homicide, attempted homicide is an extremely serious offense that comes with some of the most severe penalties that Wisconsin law has to offer. Attempted homicide occurs only when an individual intends to commit a homicide and tries to carry out the homicide but, for some reason, this individual fails to finish the crime.
Five Ways to Avoid Sabotaging Your OWI Defense
When you have been arrested for operating your vehicle under the influence of an intoxicant (OWI), you may feel that your life cannot get any worse at that moment in time. Shortly after you are arrested, the circumstances surrounding your arrest are still developing, and depending on the situation, your case may even be dismissed months down the line. However, if you engage in certain actions, you may give the prosecution more ammunition against you and proving that you may be your own worst enemy.
Under Wisconsin law, in order to be convicted of a OWI, the prosecution must prove that you were operating a motor vehicle while under the influence of an intoxicant. The prosecution has to prove every single element of the OWI charge in order to obtain a conviction. If the prosecution fails to prove any single element, the case against you is substantially weakened which raises your chance of acquittal.
Things to Avoid
Avoiding Pedestrian Accidents
Automobile accidents can be deadly when two automobiles are involved. When pedestrians are involved in automobile accidents, their injuries tend to be serious, and more often than not they lead to death.
Recently, a pedestrian was involved in accident caused by the automobile driver. The pedestrian was crossing the street when the automobile driver fatally hit him. Although these accidents are often devastating, they happen too frequently here in Wisconsin. According to the Wisconsin Department of Transportation in 2012, there were over 118,000 automobile accidents and 1,273 accidents involving pedestrians. As a result of those accidents, over 1,200 pedestrians suffered injuries while another 35 pedestrians were killed.
Sleeping Off a Long Night of Drinking and OWI Charges
Many people are unaware that they can be arrested for operating a motor vehicle under the influence (OWI) of alcohol, even if they are sleeping in their automobile. Wisconsin law prohibits anyone from operating a motor vehicle under the influence of drugs or alcohol, among other things, that render them incapable of safely driving. The law defines what penalties you may be subject to and even defines what qualifies as an intoxicant. However, the law conveniently fails to define the term ‘operating.’
Factors Courts Consider
Multiple Vehicle Accidents: When the Negligent Act of One Causes Injuries or Death to Many
Recently, two individuals suffered non-life threatening injuries as a result of a three-automobile crash. A motorist driving an SUV rear-ended a motorist driving an Econoline Van, who was attempting to turn, causing the van to hit a pick-up truck. All it takes is for one negligent driver to set in motion a chain of events which results in a multi-vehicle accident. Typically, the more vehicles involved in the accident, the more complex the case will be.
According to the Wisconsin Department of Transportation, in 2013 there were over 118,000 automobile accidents resulting in more than 39,000 injuries and approximately 527 deaths. The Insurance Institute for Highway Safety estimated that multiple vehicle accidents accounted for nearly half of the automobile deaths that occurred in Wisconsin during 2013.
An Insight into the Grant of Immunity in Criminal Cases
When Wisconsin or the federal government is investigating you or someone else, and they need information in your possession, they may offer you a certain form of immunity in exchange for your testimony. In the area of criminal law, there are two types of immunity that are generally available: use immunity and transactional immunity. Depending on the type of immunity you are offered, you will have different forms of protection.
Generally, transactional immunity is favored because it provides the most protection—a total ban on using the witness’s testimony against the witness. But, use immunity serves a different purpose. It allows the witness to give information to the prosecution and bars them from using those statements against the witness in the future.
Traumatic Brain Injury
Traumatic brain injury is a major cause of death and disability in the United States, and contributes to almost one third of all injury deaths. According to the CDC, there are over 125 deaths every day in the United States in which traumatic brain injury was a factor, and those who survive a traumatic brain injury may face effects lasting a few days to major disabilities that may last the rest of their lives.
Everyone runs the risk of a traumatic brain injury, especially children and elderly people. Traumatic brain injuries occur in many ways, and if you or a loved one has received a traumatic brain injury, you need a skilled personal injury attorney to pursue fair compensation on your behalf. Some of the ways traumatic brain injury can occur is by falling, in a motorcycle or car accident, through the use of defective products, or being hit by a projectile.
