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Recent Blog Posts
State Advocacy Groups Discuss the Problematic Costs of Wisconsin Corrections Program
Incarceration costs are a part of every state’s budget. For Wisconsin it is much higher than the national average. The state advocacy group, Wisconsin Budget Project, recently discussed those costs and why they exist. They also discussed ideas for reform, and how some initiatives may help to reduce spending.
Incarceration Disparities Damaging Minority Communities
When compared to the rest of the nation, Wisconsin has the highest percentage of incarcerated black men — 12.8 percent (which is twice the national average) — and is also leading the nation in the number of Native American men behind bars. This incarceration means that there will be fewer job opportunities for these minorities once they are released, which leaves them struggling to support their families and their communities.
Recent Release of New York Police Officer Highlights Difference between Criminal Intent and Fantasy
Some cases are black and white, with a clear line between right and wrong. Other times, the facts are more obscure, hazy, even gray. Case in point: the recent release of a New York police officer who was recently acquitted of all criminal charges after a jury convicted him of plotting to kill and eat women.
Fetishes and the Internet
Fetishes are not always taboo subjects or acts of a violent nature, but sometimes they are. Discussions about them can be found online in chat rooms or fanfiction sites. As with many topics on the internet, no fetish is too grotesque, too violent, or too disturbing. Often, it is a manifestation of fantasy — acts that the writers and readers would never actually commit that leads to criminal charges. But, because of other evidence, investigators believed it was possible the New York officer just might commit the acts he discussed on the internet.
Wisconsin DNA Database an Infringement on Privacy, Lawmaker Says
When charged with a violent crime in Wisconsin, defendants must submit to a sample of their DNA to be collected, stored, and cataloged in a state database. Those records stay there, even if the individual’s charges are ultimately dismissed by a judge. This has some lawmakers concerned about the privacy rights of non-convicted individuals. A bill, set to be presented to the Senate in 2016, is an attempt to remedy the issue.
History of the DNA Database
In 2013 Governor Scott Walker and the state’s Attorney General introduced the idea of a state database containing DNA evidence of those arrested for violent felony offenses.. Representative Dean Knudson and other lawmakers raised concerns over the privacy rights of those that were ultimately vindicated from criminal charges, but nothing was done about these concerns at that time.
Unmasking the Many Faces of a Criminal Arsonist
As per the National Fire Protection Association (NFPA), from 2007-2011, more than 282,000 intentional fires have been reported to various U.S. fire departments. These incidents are associated with an annual loss of civilian life totaling 500 innocent victims and are also responsible for over 1,000 civilian injuries and costs reaching $1.3 billion in direct property damage.
Robert Disbrow, Jr., who has spent over 20 years investigating suspicious fires and a frequent contributor to the website Firehouse.com, believes there are repetitive patterns of arson that can be sub-classified as those who fall into a serial, spree or mass arsonist categories.
The Serial Arsonist
This type of arsonist often sets as many as three fires at different locations with each incident exhibiting a cooling off period between each event.
Social Media, Oversharing, and the Risk of Criminal Charges
For many people, social media is a place to connect with friends, family, or even businesses; however it can also be a tool for police, prosecuting attorneys, and other legal officials to use as they see fit. As a result, anyone who shares illegal activity — be it alleged animal abuse, child abuse, rape, kidnapping, or murder — may find themselves in jail facing criminal charges.
Woman Faces Charges of Animal Abuse after Posting Photos on Facebook
In December of last year, a North Carolina woman allegedly posted a photo on Facebook of a dog with its mouth taped shut. Shared approximately 400,000 times on the popular social media site, several users called for an investigation into the matter. When local officers responded, they allegedly found no sign of injury and dogs that appeared to be cared for, but the woman was still arrested on charges for cruelty to animals.
Facebook Video Leads to DUI Arrest
While driving down the road, an Ohio man allegedly took a cellphone video of himself drinking from a partially concealed bottle. Just hours later, the man found himself in police custody. With a copy of his 12-second video in the hands of the police, he faced five misdemeanor charges, including operating a vehicle under the influence of alcohol or drugs and possessing an open container in a vehicle.
Yik Yak Willingly Hands Data Over to Law Officials
While not all social media platforms will openly admit that they provide information to law officials, the platform Yik Yak has no qualms about being open with its data. Recently, Yik Yak (and other witnesses) reached out to Oneonta City officials after young college student allegedly posted a mass shooting threat. Though the message was soon deleted, the individual now faces charges for making a terrorist threat (a Class D felony), and second-degree aggravated harassment (Class A misdemeanor).
Social Media Used in Pending Criminal Cases
Anything that is not set as “private” on your social media accounts may be fully accessible to members of the public and admissible in court. Even if you only share the information with a select group of people, it is possible to find that a recent status update or photo is being submitted as evidence. Bottom line: do not share potentially incriminating evidence on social media. Even better, do not discuss your pending criminal case with anyone other than your attorney — and that includes on social media.
If you need aggressive and competent representation after an arrest, the skilled Milwaukee criminal defense attorneys at Gimbel, Reilly, Guerin & Brown, LLP, can help. With more than 250 years of combined experience, our attorneys know what it takes to build a solid defense. Learn more by calling 414-271-1440 to schedule your consultation today.
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New Bill Takes Aim at Law Enforcement’s Ungoverned Access to Technology-Related Data
Technology has made many advances over the past decade. In most cases, those advances have improved or enriched our lives in some way. There is, however, a negative aspect: laws have been unable to keep up with rapid advancements in technology and has left them, for the most part, ungoverned. A new bill, proposed by Representative Dave Craig and Senator Van Wanggaard, hopes to change that. The new bill could change how law officials are allowed to bring criminal charges against Wisconsin citizens. The bill would create a legislative committee that would have oversight of secret investigative technologies and techniques.
The Blurring Lines of Privacy
In the face of advancing technology, the lines of privacy have begun to blur. Law enforcement can charge individuals based on posts made to social media. DNA is often stored in national databases, even after a person is released of charges. GPS is sometimes used to track the location of a cell phone and place an individual at or near the scene of a crime. And advanced equipment can “trick” cellphones into revealing private and personal information, including text messages and call histories.
These newer, more advanced crime-fighting technologies are being obtained and used at a rate nearly consistent with the advancement of technology itself.
New Bill Pushes Back
If passed, the new bill would require that officials notify the legislative committee if there are plans to purchase or utilize a new service or technology. Legislators would have the power to subpoena information on any technology currently used or employed. Other provisions of the bill include creating legislative authority to investigate all facets of a John Doe investigation upon its conclusion, and require committee notification prior to any law enforcement agency’s receipt of new weapons, armaments, and equipment.
Charged with a Crime? Know Your Rights and Hire a Skilled Defense Attorney
When facing criminal charges, it is crucial that you understand your rights, and that you employ the assistance of a skilled and experienced criminal defense attorney. Gimbel, Reilly, Guerin & Brown, LLP, can help. Prepared to go the extra mile to ensure your rights are protected, our skilled and experienced Milwaukee criminal defense attorneys can provide you with aggressive and personalized representation you deserve. Schedule your consultation by calling 414-271-1440 today.
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Analysis Suggests Wisconsin May be Worst State for Racial Disparity and Oppression
Minority oppression and disparity has always been an issue in America, but its continuance (and the resulting effects) are more prevalent in certain areas of the country. After reviewing major studies published over the last few years, analysts believe that Wisconsin may be the worst in the nation for racial disparity. This translates into a number of disadvantages for the state’s minorities, including an increased risk for wrongful arrests and convictions. Appleton Arrest Rates Outweigh Ferguson’s The racial disparity and injustice in Ferguson, Missouri have been the target of media spotlights for some time now, and for good reason: in Ferguson, black arrests outweigh white arrests at a ratio of three to one. However, a review of recent arrest statistics in Appleton, WI found an even greater disparity. There, African American residents make up only four percent of the total population, yet they are subject to nearly 60 percent of all arrests. An examination of the state prison’s records revealed similarly disturbing disparities for African Americans. Over half of all Milwaukee County African American men in their early 30s and 40s have been incarcerated at some point in their lives, and a 2014 study found that one in eight African American men in Wisconsin are currently incarcerated. These statistics far exceed those found in other states by a startling and significant margin. Poverty, Joblessness, Other Areas of Oppression Perpetuate the Issue Most economists will agree that justice disparity goes hand-in-hand with poverty and other areas of oppression, such as difficulty finding employment. Sadly, these issues were found to be far worse for African Americans in Wisconsin than in other states, the analysis found. In Milwaukee, where the overall poverty rate is just eight percent, 36 percent of all African Americans are impoverished. And in Madison, the overall poverty rate for African American families is even worse—over 50 percent. Facing Criminal Charges or Wrongfully Arrested? Get Experienced and Aggressive Help Although the recently released information suggests there is little hope for improving the social injustices for minorities of Wisconsin, there are people willing to stand up for social equality. The attorneys of Gimbel, Reilly, Guerin & Brown, LLP have more than 40 years of experience in protecting the rights of residents in the Milwaukee, Madison, Green Bay, and Waukesha areas. Inquire as to how our Milwaukee criminal defense attorneys may be able to help with your case by calling 414-271-1440 to schedule your consultation today.Source:
Changes to Wisconsin’s Sexual Assault Laws Could Be on the Way
Current law defines sexual assault (at minimum) as any intentional, non-consensual sexual touching of intimate parts, directly or through clothing, for the purpose of sexual gratification or victim humiliation. Some lawmakers are looking to make changes to that law that would greatly alter the definition of touching. It would also further restrict who is allowed to give consent in any given situation.
In tandem to those proposed changes, lawmakers in Wisconsin recently introduced a new bill that is designed to provide protections to underage assault victims. Both measures are intended to mostly target college campus and high school sexual assault crimes, but the implications have a much wider net with a penalty that could impose charges, even if no intent exists.
Affirmative Consent, Touching, and the Physically Disabled
How Often Do Wrongful Arrests, Convictions, and Imprisonment Occur?
While most of us would like to believe that wrongful convictions are rare, the real truth is that they are more common than most people realize. Steven Avery, who spent 18 years in jail for a rape he did not commit, and a San Francisco man who spent six years in jail while awaiting trial for a violent mugging that he never did are just two people wronged by our justice system. But they are many. They are also largely unpublicized and undisclosed to the general public.
Study Estimates More than 10,000 Innocent People Are Convicted Each Year
A recent study asked 188 judges, state attorneys general, prosecuting attorneys, public defenders, police chiefs, and sheriffs to estimate the prevalence of wrongful conviction in the United States. Approximately 72 percent of them estimated that less than one percent, but more than zero, received a wrongful conviction.
Understanding the Implications of a Hate Crime
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. If you are facing charges for a hate crime, or are at risk for facing such charges, it is important that you understand the possible implications of a potential conviction.
Hate Crime Charges in Wisconsin
According to Wisconsin state law, hate crimes that would have originally resulted in a misdemeanor charge (other than Class A) have an increased penalty of up to one year in a county jail and a maximum fine of $10,000. Hate crimes that would have originally classified as Class A misdemeanors may result in a maximum of two years of imprisonment and an increased fine of $10,000. For hate crimes that would have been classified as a felony, the maximum fine may not be increased by more than $5,000, but the imprisonment term can be increased by as many as five extra years of imprisonment.
FBI Involvement
Although, typically, hate crimes are not considered federal offenses, the federal government can and sometimes will aid in the investigation and prosecution of a hate crime. Covered under the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, this involvement can include (but is not limited to) investigative activities, law enforcement support to state agencies, and even federal prosecution if the state is unwilling or incapable of moving forward with a hate crime prosecution.
Not All Crimes against Target Groups Are Hate Crimes
A crime against someone within a target group is not necessarily a hate crime because bias does not always play a role. If, however, there is any evidence to suggest that you may have committed a crime because of someone’s race, religion, ethnicity, sexual orientation, gender, gender identity, or disability, it could be added to your charges, regardless of your intent. This, paired with the potential increase of punishment, makes the procurement of qualified legal representation critical for anyone who is facing charges over a crime against a target group.
The skilled Milwaukee criminal defense attorneys of Gimbel, Reilly, Guerin & Brown, LLP, offer more than 40 years of experience to your criminal case. Comprised of a team that has experience on both sides of the law, our attorneys are capable of doing more than just protecting your rights; they know what it takes to build a solid defense for you. Schedule your consultation by calling our offices at 414-271-1440 today.
