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Recent Blog Posts
What Should I Do if I Have Been Accused of Domestic Violence?
Domestic violence involves physical or psychological abuse against a former or current family member, romantic partner, or household member. Wisconsin takes accusations of domestic violence or abuse very seriously. There is not a crime specifically called “domestic violence,” but battery, assault, sexual assault, and other crimes often fall under the category of domestic violence. If you have been arrested for alleged violence against a spouse, boyfriend or girlfriend, ex-romantic partner, child, or roommate, do not take these charges casually. Your career, reputation, and even your freedom could be on the line.
Do Not Make Statements to the Police Without Your Attorney
You have a Constitutional right to refuse police questioning and ask for your lawyer. It is important to take advantage of this right. Whatever the circumstances of your arrest, the ordeal was most likely traumatic. You may have gotten into a physical altercation with another person and been injured. You may have been accused of things you did not actually do. Experiences like these leave a person in a heightened emotional state. You could easily say things to the police during questioning that you do not mean and end up worsening your situation because of it. Remember, any statements that you make to police can be used against you during criminal proceedings. It is best to remain silent and wait for your attorney.
Can I Seek Compensation as a Victim of a Distracted Driving Accident?
Everyone knows that it is dangerous to text and drive. Unfortunately, this does not stop millions of drivers from using their phones while driving. Using a cell phone, tablet, GPS, or other electronic devices behind the wheel is the most dangerous form of distracted driving because it takes your hands, eyes, and attention away from driving. If you or a loved one were injured in a distracted driving accident, you may be entitled to compensation for your damages through a personal injury claim.
Study Shows that Distracted Driving Is On the Rise
A study conducted by Zendrive shows that distracted driving is a much greater problem than previously realized. It is also a problem that is increasing in severity. According to the data compiled, individuals use their cell phones while driving an average of 88 out of 100 trips. Distracted driving often involves cell phones and other portable electronic devices; however, non-device distractions can be just as dangerous. Eating, drinking, grooming, and other activities may lead to severe and even deadly distracted driving accidents.
Commonly Asked Questions About Restraining Orders in Wisconsin
Domestic violence affects the lives of millions of Americas. Whether you have been a victim of domestic violence or abuse or you have been accused of abusing someone, it is important to know about your rights and responsibilities regarding restraining orders. A restraining order is a type of court order called an injunction. For example, this legally enforceable order may prohibit an individual from contacting or coming within a certain distance of you and/or your children.
Domestic Violence and Abuse
According to the National Coalition Against Domestic Violence, 10 million men and women are the victims of physical abuse at the hands of a romantic partner every year in the United States. Both males and females can be victims or perpetrators of domestic violence. Physical, mental, emotional, and sexual abuse can happen to people of all income levels and lifestyles. A restraining order prevents an alleged abuser from continuing to abuse or harass someone. Violating the terms of a restraining order is a misdemeanor offense in Wisconsin, punishable by up to nine months in jail and fines of up to $10,000.
Filing a Personal Injury Claim as the Victim of an Assault or Battery
A personal injury claim allows an injured person to seek compensation for damages caused by the injury such as medical bills and lost income from missed work. When most people think of personal injury claims, they think of slip and fall claims, car accidents, and other claims that are founded upon an allegation of the defendant’s negligence. However, individuals who are intentionally injured may also have grounds for a personal injury claim. If you were the victim of assault or battery in Wisconsin, you may be able to hold the perpetrator accountable for their actions as well as recover financial compensation for damages through a personal injury claim.
Civil Cases Involving Assault And Battery
Being the victim of a violent crime is a life-changing experience. Most victims of sexual assault, battery, robbery, and other violent crimes are left with physical and mental scars that last for years. In addition to painful mental and physical injuries, being the victim of a physical attack can lead to considerable financial harm. If you were hurt in an act of violence, you may be facing financial hardship caused by medical expenses, lost wages from missed work, and other costs. A personal injury claim may enable you to recover compensation for your financial losses as well as your non-financial damages. A civil claim is a separate legal action from any criminal charges that the perpetrator or “tortfeasor” may face.
What Does it Mean if a Criminal Defendant Is Found Incompetent?
If you have been involved in the criminal justice system or even watched police television shows like Law & Order, you may have heard the phrase “incompetent to stand trial.” What exactly does it mean if a criminal defendant is “incompetent” and how does this differ from a person being found not guilty by reason of insanity? Can mental illness alone prevent someone from being charged and convicted of a criminal offense in Wisconsin?
Wisconsin Man Charged with Homicide Found Not Competent to Stand Trial
In July of last year, a retired police officer and former marine was riding his motorcycle when he was struck and killed by a pickup truck. The driver of the pickup truck, a 27-year-old Wisconsin man of Mexican descent, allegedly told responding officers that he had intentionally caused the fatal accident and targeted the motorcyclist because he was Caucasian. Because the incident was intentional and based on race, the driver of the pickup truck was charged with first-degree homicide with a hate crime enhancer.
What Are the Laws in Wisconsin Regarding the Open Carry of Firearms?
Few topics can stir up controversy in the United States the way gun ownership can. While concealed carry refers to carrying a gun that is hidden in a purse or pocket, open carry refers to carrying a gun in such a way that others can see the firearm. The Second Amendment to the United States Constitution gives citizens the right to own firearms; however, open carry of firearms is only permitted under certain circumstances in Wisconsin. If you are a gun owner or you are thinking about purchasing a firearm, you should know about Wisconsin open carry laws. Read on to learn about open carry in Wisconsin and what you can do if you have been arrested and charged with a gun-related offense.
Wisconsin Is an Open Carry State
What Are My Legal Options if I Suffered a TBI Due to Domestic Abuse?
Individuals who are physically harmed by a romantic partner, family member, or household member may be left with serious injuries – both mental and physical. Traumatic brain injuries (TBI) may be caused by blows to the head, hitting one’s head on the ground, receiving a penetrating injury to the skull, and through other forms of physical trauma. If you sustained a traumatic brain injury as a result of domestic violence, you should know that you have certain rights. You may be able to hold the alleged abusive person accountable for his or her actions criminally and civilly.
Criminal Charges Versus a Civil Claim
Although doing so is often much easier said than done, it is important to call the police after being physically attacked by an abusive person. Doing so enables you to create a record of the abuse and hold the alleged abuser criminally accountable for the harm he or she caused. Criminal charges, however, do not provide financial restitution for the injured victim. A traumatic brain injury can have a dramatic influence on a sufferer’s life. Your TBI may have caused you to suffer from painful and debilitating symptoms such as intense headaches, nausea, dizziness, memory problems, speech difficulties, cognitive issues, depression, sleep disturbances, and more. The injury may have necessitated expensive medical care. Symptoms may even prevent you from working and earning an income. This can create a heavy financial burden. A civil claim may allow you to recover financial compensation for the losses you experienced because of the traumatic brain injury.
Challenging Breathalyzer Tests in Wisconsin OWI Cases
When you are stopped for driving under the influence of alcohol or drugs in Wisconsin, you will generally be given a breathalyzer test, and its results will then be used as evidence to determine whether you should be charged with operating a motor vehicle while intoxicated (OWI) or not. However, what many are not aware of is that very often, breathalyzer test results are inaccurate. If you believe this has happened in your case, an experienced DUI defense attorney can help you ensure that your rights are protected.
Several Reasons for Error
There are several different possible reasons that a breathalyzer test could be inaccurate. Some include:
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Improper calibration: If a machine is not recalibrated every so often, its accuracy will begin to falter. Wisconsin law sets out benchmarks that must be performed before a breathalyzer’s results can be deemed accurate, and your arresting department might not have performed this maintenance.
Will I Have to Install an Ignition Interlock Device After OWI?
If you have been arrested and charged with operating while intoxicated in Wisconsin, you probably have several questions. You may be unsure of whether you will lose your driving privileges, be required to install a breath ignition interlock device (IID) on your vehicle, or face jail time for drunk driving. The answers to these questions depend on the circumstances of the offense, whether or not you avoid conviction, your past criminal history, and other factors.
What Is an IID?
An ignition interlock device is a device used to measure the amount of alcohol in someone’s breath. This information is then used to determine the person’s blood alcohol content (BAC). Once an IID is installed in a vehicle, the ignition will only engage after the driver submits a passing breath sample into the device. If the driver’s breath does not contain alcohol, the car will start normally. If the driver’s breath does contain alcohol, the vehicle will not start. There are many myths surrounding how to “cheat” an IID. However, IIDs are carefully calibrated, sophisticated devices that cannot be tricked. Using breath mints, eating certain foods, and other strategies for cheating an IID do not work.
Can I File a Civil Claim for Injuries from an Assault in Wisconsin?
Being the victim of a crime such as assault, sexual assault, battery, or robbery is a traumatizing and complicated ordeal to go through. Many victims do not even realize all of their rights after being injured in a violent crime. Most know that they can contact the police and press criminal charges, but fewer are aware of their right to file a civil claim. Personal injury cases are often associated with accidents such as slip and fall accidents or car accidents; however, a person injured by an intentional act may also bring a personal injury claim against the perpetrator.
Pursuing Legal Action After Being a Victim of an Intentional Tort
Assault and battery are criminal offenses punishable by considerable criminal penalties in Wisconsin. A criminal conviction for assault or battery may bring an offender to justice, but the conviction does little to directly help the victim. If you were hurt in an assault, the experience has likely affected your life in profound ways. You could be facing considerable medical bills and ongoing medical needs because of your injuries. You may also be unable to work while you are recovering from the physical and mental harm caused by the attack. A personal injury claim may enable you to recover compensation for these and other costs. It may also serve as a means of holding the perpetrator accountable for the harm that he or she caused you.
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