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Recent Blog Posts
Identity Theft: It Can Happen to Anyone
Identity theft occurs when one individual uses another individual’s personal identifying information to obtain certain benefits, such as using a credit card to purchase clothing or a medical card to receive medical treatment. Basically, anything you use to identify yourself is considered personal identifying information, except for those records that are available to the general public. Personal information includes Social Security numbers, places of employment, DNA profile, fingerprints, bank or credit card account numbers, driver’s license, security codes and even online accounts and passwords.
Due to the rapidly changing technological environment of the world today, identity theft has spread like wildfire. According to the Bureau of Justice Statistics, approximately 16.6 million people experienced identity theft across the United States, which resulted in $24.7 billion in financial losses. The two most common types of identity theft involve credit cards and bank accounts. The Federal Trade Commission reported that over 3,635 citizens of Wisconsin fell victim to identity theft. More than 1,500 of those cases involved government documents or benefits and over 470 cases involved credit cards.
The Harsh Truth about Facing Homicide Charges in Wisconsin
In our society, not all homicides are considered crimes. Homicide occurs when one individual takes the life of another individual. Depending on the circumstances, some homicides are lawful while others are unlawful. For example, murder and manslaughter are violations of criminal laws but a homicide committed in a justified action of self-defense is not considered a violation of criminal law.
- The negligent handling of a dangerous weapon, explosives or fire;
Defending against Health Care Fraud Charges
It would seem that every time you check the news, someone is being charged with healthcare fraud. For example, recently, a podiatrist was charged with committing 30 counts of healthcare fraud when he billed Medicare for trimming toenails of patients, which is not considered a medical procedure. Back in January, the Medical College of Wisconsin was charged with healthcare fraud when they billed the federal government for neurosurgeries involving resident doctors when supervising doctors were not present for key moments in the procedures, which is a requirement in order to receive compensation from the federal medical programs.
What is Healthcare Fraud?
Sexual Assault Charges in Wisconsin
In most states, unwanted sexual encounters committed by force or threat of force are generally classified as rape. However, Wisconsin law defines rape as sexual assault.
According to the Wisconsin Statistical Analysis Center, almost 50 percent of sexual assault victims are acquaintances with the alleged perpetrator. Thirteen percent occurs between family members, while nine percent are said to occur in relationships. Therefore, over 72 percent of the alleged sexual assaults that occurred in Wisconsin during 2013 involved individuals who were friends, acquaintances, relatives or in intimate relationships.
Four Degrees of Sexual Assault
Depending on the circumstances of your case, you could be facing first or fourth-degree sexual assault. First-degree sexual assault is a narrow category of crime that occurs when you are charged with having non-consensual sexual intercourse with another person and pregnancy or great bodily harm results. Also, when the allegations involve force or the threat of force with a dangerous weapon, the charges would also fall under this category.
The Crime of Stalking in Wisconsin
Generally, stalking in its simplest form is defined as the unwanted pursuit of another. Many states have laws in place that prevent unwanted contact with strangers when that contact is threatening or dangerous. Sometimes, the extra attention given to a current or former significant other can turn into an invasion of privacy. Stalking usually involves a pattern of conduct where the offender causes the victim to fear for their safety.
According to Wisconsin law, an individual commits the crime of stalking when the individual acts in a certain way directed at a specific person that “would cause a reasonable person under the same circumstances to suffer serious emotional distress or to fear bodily injury to or the death of himself” or others close to him.
The course of conduct element requires two or more acts to be committed over a period of time. However, there is no specific time frame for the commission of those acts. Technically, you could be charged with stalking for two acts committed weeks, months or even years apart.
Vandalism: Silly Pranks Could Lead to Serious Fines or Imprisonment
Vandalism is defined as the act of damaging the property of another, which does not belong to you, and without the property owner’s authorization. Whenever you drive to work, or walk through the neighborhood, you see some form of vandalism on a daily basis. Vandalism can occur on public or private property. Graffiti can often be seen spray-painted on the outside of buildings, bridges, and abandoned automobiles. Sometimes, mailboxes are missing or found in pieces, shattered by baseball bats. Even throwing eggs on someone’s house or automobile is considered vandalism. Not only are acts of vandalism stupid, but also when they involve government property, they are serious crimes and cost taxpayers millions each year.
Commonly, vandalism is associated with disputes of the domestic nature. When individuals are engaged in an intimate relationship, the ex-partner might damage the others property in an attempt to get back at them. These attempts can be seen when the ex throws a brick through the former partner’s automobile window, or uses a key to scratch the outside of the automobile.
Consequences of a Drunk Driving Conviction in Wisconsin
Operating a vehicle while under the influence of drugs or alcohol can have some very serious consequences. Drunk driving charges not only have the potential to lead to a criminal record and incarceration, but they can also impact a future job, your family, reputation, driver’s license, and even your bank account.
According to the Wisconsin Department of Transportation, Wisconsin has the highest rate drunk driving across the nation. In 2012 alone, there were over 33,000 drunk driving convictions. Alcohol-related crashes injured approximately 3,000 individuals and killed another 223. Of all fatal traffic accidents that occurred within the state of Wisconsin during 2012, approximately 36 percent involved alcohol.
As you can see, law enforcement agencies across the state of Wisconsin have been aggressively cracking down on drunk driving. If you are charged with an OWI, you should consult an experienced OWI defense attorney who will significantly increase your chances of avoiding or mitigating the penalties associated with an OWI conviction.
Federal Wire Fraud: Connecting Prosecutors, Defendants and Correctional Institutions since 1956
When people hear the term white collar crime, many do not think of it as a serious enough crime to warrant the advice of an attorney, as crimes of violence typically do. White collar crimes, such as wire fraud, are non-violent crimes and are usually committed by professionals in government and business.
Recently, a host of wire fraud charges have been popping up across the United States and Wisconsin. A 64-year-old executive banker in Wisconsin was convicted on five counts of wire fraud on April 5, 2015 for fraudulent misrepresentations made in relation to a commercial real estate purchase. Likewise, on April 23, 2015, a 32-year-old Nigerian woman living in Chicago was charged with devising a fraudulent scheme in Wisconsin by creating fake profiles on Internet dating sites, targeting victims and convincing them to send money in exchange for fraudulent checks. The federal government charges individuals with wire fraud at a much higher rate than other crimes, such as tax fraud, healthcare fraud and securities fraud because, ultimately, it is much easier for them to prove.
Posting Bail: Understanding the Process and Your Options
Typically, when an individual is arrested and charged with a crime, they have to wait weeks, months or even years before their case goes to trial. Depending on the circumstances of your case, you might be required to sit in jail until the day of trial comes. But, not everyone who gets arrested is required to stay in jail until trial.
Posting bail is the only way to leave jail and remain free until your trial date. There are a few different ways to be released on bail. Cash, bonds, or property is considered bail and you may give one or more of these items to the court to ensure that you will appear whenever the court orders. Sometimes, if you are facing less serious charges, the court will release you on your own personal recognizance. But, if you do not show up on the court ordered date, then the court will keep the bail you posted and issue a warrant for your arrest.
Grand Jury Proceedings in Wisconsin
Over recent months, the news has contained a significant amount of stories relating to a grand jury. However, these stories often provide little information as to the function of the grand jury. The jurors who attend the grand jury are similar to trial jurors in that they are randomly selected from the community and they listen to the evidence. However, there are some differences between the two.
A trial juror determines whether or not a defendant is guilty beyond a reasonable doubt. Grand jurors, on the other hand, decide if there is probable cause that the suspect is guilty of a crime, and they issue indictments that charge the suspect with a crime. Also, grand jury proceedings are secret while trial jurors serve in trials open to the public. Grand juries are made up of 16 to 23 jurors who serve from six to 18 months and trial jurors will usually serve for a week or two, depending on the trial.
