Criminal accusations, investigations, and arrests will have massive, far-reaching implications for anyone who is charged with a crime. However, some types of sensitive crimes can be even more serious since they will affect a person’s freedom, reputation, relationships with friends and family, their career, and his or her standing in the community. 

Sexual assault is one of the most severe crimes with which a person can be charged, and a conviction is likely to result in lengthy jail time and significant fines, as well as the requirement to register as a sex offender for at least 15 years, and possibly for life. If you are facing accusations of sexual assault, it is important to understand the specific charges and their potential punishments.

Degrees of Sexual Assault in Wisconsin

Wisconsin law identifies four degrees of sexual assault:

While being arrested and charged with any type of crime is a serious matter, certain offenses are considered sensitive crimes and can result in both criminal charges and negative consequences to a person’s life. A criminal conviction for child abuse or neglect may impact a person’s family relationships, the custody of his or her children, and even one’s career. 

If you have been accused of child abuse or neglect, you should be sure to understand the nature of the charges and your options for defense.

Child Abuse and Neglect Under Wisconsin Law

The potential charges related to child abuse or neglect can vary depending on the nature of the alleged offense. Wisconsin law identifies the following types of abuse and neglect towards children under the age of 18:

No matter your age, it is important to plan for how your affairs should be handled if you are unable to take care of them yourself. One way of doing so is to create a power of attorney for finances, which will name a person who is authorized to make financial decisions for you if you ever become incapacitated.

Establishing a Power of Attorney

Power of attorney for finances can be established by filling out and signing a form provided by the Wisconsin Department of Health Services, or a document can be prepared by an attorney. The form or document will allow you to name an agent who can make decisions about your finances and the property you own. The power of attorney should include:

• The name and contact information of your agent, as well as any successor agents who you wish to name if your agent is not available or willing to act on your behalf.
• Your permission to give your agent general authority in any or all of the following areas:
  • Real property - Buying, selling, leasing, or managing real estate, including making mortgage payments and paying property taxes.
  • Tangible personal property - Buying, selling, or managing your physical belongings.
  • Digital property - Accessing and managing your electronic accounts and digital files.
  • Stocks and bonds - Buying, selling, or exchanging investments.
  • Commodities and options - Buying, selling, or exchanging futures contracts.
  • Banks and other financial institutions - Making deposits or withdrawals from bank accounts.
  • Operation of entity or business - Managing your business interests and performing any ownership duties that you would typically handle.
  • Insurance and annuities - Paying insurance premiums, modifying insurance plans, and applying for benefits on your behalf.
  • Estates, trusts, and other beneficial interests - Managing any interests for which you are the beneficiary.
  • Claims and litigation - Filing civil lawsuits or claims on your behalf or representing your interests in court cases.
  • Personal and family maintenance - Making child support or spousal maintenance payments for you and meeting the financial needs of the family members you support.
  • Benefits from governmental programs or civil or military service - Managing your enrollment in benefits programs such as Social Security, Medicare, or Medicaid.
  • Retirement plans - Managing 401(k) or IRA accounts, including making contributions or withdrawals.
  • Taxes - Filing your tax returns, paying taxes owed, and collecting refunds.

You may also include special instructions regarding what your agent is or is not authorized to do. The power of attorney will become effective immediately after it is signed, unless you provide a date or describe certain circumstances for when it should go into effect. Unless you state otherwise, your power of attorney will be “durable,” meaning that it will remain in effect if you become incapacitated.

Being involved in a car accident can be a traumatic experience. The physical and emotional distress that a person experiences in a collision can make it difficult to keep a clear head in the immediate aftermath. As a result, many people make mistakes that affect their ability to recover compensation for the damages they have suffered. If you are involved in an auto accident, be sure to avoid the following:

1. Admitting fault - Common courtesy often leads people to take at least partial blame for a collision. However, doing so can make it more difficult to establish liability for the accident and recover compensation for your injuries. When discussing the crash with other drivers, police officers, or insurance company representatives, state the facts about what happened without admitting any fault.
2. Not receiving timely medical care - After an accident, it can be easy to shrug off your possible injuries, especially if they seem minor. However, it is important to receive medical attention as soon as possible. This will establish medical records documenting the full extent of your injuries, ensuring that you are able to recover compensation that will address your immediate care as well as any health complications related to the accident that may arise in the future.
3. Failing to file a police report - It may seem like a good idea to avoid involving law enforcement after a collision, but it is ultimately best to report the accident to police. Doing so will establish a record of the accident and ensure that it is not just your word against the other driver’s.
4. Not gathering evidence - If possible, you should get as much information as you can about the accident to demonstrate its causes and who was at fault. Take pictures of the scene, speak to witnesses and get their contact information, and try to find out if the collision was captured on any nearby security cameras. This evidence can be crucial in establishing liability for the crash.
5. Providing information to the insurance company - Following an accident, you may be contacted by the other driver’s insurance company and asked to give a recorded statement. It is best to decline to do so and have your attorney communicate with insurance companies for you.
6. Agreeing to a settlement without legal help - An insurance company may offer you a financial settlement that appears to cover some or all of your damages, and accepting this settlement will allow you to receive compensation quickly. However, it is likely that this type of settlement will not fully address your damages. Before accepting a settlement, be sure to have an attorney review your case.

Contact a Milwaukee Car Accident Attorney

If you have been injured in a car crash, the skilled attorneys of Gimbel, Reilly, Guerin & Brown, LLP, can help you obtain the full and fair compensation you deserve. We will work to ensure that you are compensated for the costs of medical care, ongoing rehabilitation, property damage, lost income from missed work or disability, and pain and suffering. Contact our Milwaukee, WI personal injury attorneys at 414-271-1440 to arrange a consultation.

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The criminal justice system in Wisconsin is complex, and those facing criminal charges may struggle to understand the processes that will be followed, the legal requirements that must be met, and the steps that should be taken. If you are arrested and charged with a crime, you should be aware of how your case will move through the courts and the proper measures you should take to protect your rights and achieve a positive outcome.

The Wisconsin Criminal Process

A criminal case in the state of Wisconsin will typically follow these steps:

1. Arrest - If law enforcement officers have probable cause to believe you have committed a crime, they can arrest you and take you into custody. When arrested, you will be informed of your Miranda Rights, which state that you have the right to remain silent and the right to be represented by an attorney. In most cases, it is best to ask to speak to an attorney before answering any questions that police officers ask following an arrest.
2. Initial court appearance - In your first court appearance, you will receive a copy of the criminal complaint against you, and a bail amount will be set by a judge. If you pay this amount, you will be released while the case continues to move forward through the courts. In misdemeanor cases, you can enter a plea during the initial appearance; however, in felony cases, a preliminary hearing must first be held.
3. Preliminary hearing - During this hearing, the prosecution will present evidence to demonstrate that there is probable cause to charge you with the crime. If the judge determines that there is no probable cause, the case may be dismissed. You can waive your right to a preliminary hearing if you wish to proceed directly to arraignment.
4. Arraignment - At this hearing, the criminal charges against you will be formally presented and you can enter a plea. If you plead guilty or no contest, the case will proceed to sentencing. If you plead not guilty, then the case will go to trial.
5. Pre-trial hearings - Hearings may be held prior to the beginning of the trial in which the prosecution or defense may ask the judge to make decisions about a variety of issues, such as what evidence can be presented or what types of arguments can be made. 
6. Trial - A trial will be held before a jury and both sides will present evidence, call witnesses, and make arguments. The jury will reach a verdict, deciding whether you are guilty or not guilty of the charges.
7. Sentencing hearing - If you are found guilty, the judge may decide on a sentence immediately. However, in some cases, a separate hearing will be held to determine what sentence should be imposed. This hearing may include statements from victims, evidence regarding issues such as mental health or drug treatment, or testimony about your character from family members or friends. 
8. Appeal - If you are found guilty, and you believe errors were committed during the trial that led to an incorrect verdict or sentence, you may file an appeal, asking a higher court to overturn the verdict or order a new trial.

Contact a Milwaukee, WI Criminal Defense Attorney

Understanding the criminal justice system is essential for determining the best defense strategy that will help you reach a favorable outcome to your case. At Gimbel, Reilly, Guerin & Brown, LLP, our Milwaukee criminal defense lawyers are highly experienced in a wide variety of criminal cases, and we can provide you with the guidance and advocacy you need when you are facing criminal charges. Contact us at 414-271-1440 to arrange a personalized consultation. 

Recently, Harley-Davidson celebrated its 115 year anniversary with a weekend of motorcycle events in Milwaukee. The festivities included a parade, a demonstration of motorcycle driving skills by police and civilians, and factory tours.

For many people, a birthday or anniversary is a time to celebrate with an alcoholic beverage, but it is important to remember that drinking and riding motorcycles do not mix. The law in Wisconsin is clear: motorcyclists cannot drive with a BAC (blood alcohol content) of .08% or greater. In addition, driving under the influence, also known as operating while intoxicated (OWI), comes with stiff penalties in Wisconsin. 

Impaired Motorcycling Statistics

Driving a motorcycle while under the influence is responsible for a large number of deaths each year in the United States. According to the National Highway Traffic Safety Administration (NHTSA), in 2016, there were 4,950 motorcyclists killed in traffic accidents. Of those, 1,259 (25 percent) were alcohol-impaired with a BAC that was over the legal limit. 

Midwives provide an essential service for many families, offering care before, during, and after the birth of a child. People who use midwives experience countless benefits, including a lower risk of the need for a cesarean section, a reduced risk of premature birth, and an overall higher level of satisfaction with the quality of care they receive.

Those who offer midwife services have made the choice to provide families with the care they need during what is often the most exciting time of their lives. However, midwives should be sure to understand their licensing requirements in Wisconsin and be aware of any issues that may result in discipline to their license.

Requirements for Obtaining a Midwife License

Modern communications technology has provided many benefits to people, including the ability to consult with doctors and medical providers remotely. Wisconsin veterinarians may also have plans to implement these types of services, but they should be aware of potential licensing issues that may arise when doing so.

Establishing a VCPR

One of the key issues for veterinarians who provide telemedicine services is the establishment of a veterinarian-client-patient relationship (VCPR). The Veterinary Examining Board may only discipline a vet in cases regarding his or her treatment of an animal if he or she had established a VCPR with that animal.

Decisions about the custody and placement of children are often a factor in divorce proceedings or in cases where parents are unmarried. However, there are also situations where someone other than a child’s parents are closely involved in raising children. Non-parents who wish to obtain child custody rights for children in their care should be sure to understand how Wisconsin law applies to their situation.

Child Custody for Non-Parents

When making decisions about child custody, Wisconsin courts will act in the best interests of the child. In some cases, custody may be awarded to a child’s relative if the court finds that “neither parent is able to care for the child adequately or that neither parent is fit and proper to have the care and custody of the child.” Eligible relatives may include grandparents, aunts, uncles, stepparents, cousins, or siblings.

Being arrested and charged with a crime can be a frightening prospect. A criminal conviction has serious consequences to a person’s life, finances, career, and freedom. However, those who are facing criminal charges may not understand the laws involved in their case, the processes followed during an investigation, or their options for defense.

One aspect of criminal prosecutions that can often cause confusion is the different types of evidence that can be used to show a person’s guilt. During a Wisconsin criminal case, it is important to understand the difference between direct evidence and circumstantial evidence. 

Direct Evidence