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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.
Can Mental Illness Prevent Me From Owning a Firearm in Wisconsin?
Almost one out of every five adults in the United States are living with some form of mental illness. Depression, anxiety, obsessive-compulsive disorder (OCD), schizophrenia, and other mental illnesses can range in severity from mild to debilitating. If you have been diagnosed with a mental illness, you may wonder how this could affect your gun rights in Wisconsin. You may ask, “Are people with a mental illness prohibited from owning firearms?” or “Will I be forced to surrender my firearms if I am a patient in a mental health facility?” It is important to understand Wisconsin gun laws in order to avoid criminal charges.
Wisconsin Law Regarding Firearm Possession and Mental Health
The right to possess a firearm is granted by the Second Amendment to the U.S. Constitution. However, there are some situations in which a person can lose his or her gun rights. Possession of a firearm is a Class G felony criminal offense in Wisconsin if the person possessing the gun:
What Should I Do If I Have Been Accused of Sexual Assault in Wisconsin?
The state of Wisconsin has instituted harsh punishments for individuals convicted of sexual assault. If you have been charged with sexually assaulting someone, do not take these charges lightly. Depending on the circumstances of the alleged crime, sexual assault is punishable by up to several decades in prison. If you are accused of sexually assaulting a child, you could face a prison sentence of 40-60 years or even life imprisonment. That is why it is imperative that you seek the legal guidance of a skilled criminal defense attorney who can protect your rights and help you avoid a conviction.
Do Not Submit to a Police Interrogation Without Your Attorney Present
Most people are familiar with the phrase “you have the right to remain silent,” but do not know how profound this right actually is. The U.S. Constitution gives you the right to avoid incriminating yourself. This means that you do not have to answer police questions after you have been arrested. Police may use several different tactics during an interrogation. They may even imply that only a guilty person would choose to remain silent and decline questioning. However, the best thing you can do to avoid saying something that will be used against you during future legal proceedings is to say nothing. Calmly ask for your lawyer and refuse to submit to police interrogations until he or she is present.
What Are the Penalties for Possession of a Firearm After a Felony?
In Wisconsin, most adults are legally permitted to own a firearm without requiring a special license. However, one situation in which a person can be prohibited from possessing a firearm is after a conviction for a felony offense. The consequences of illegal possession of a gun after a felony conviction can be severe, and it is important that you know how to avoid them. However, if you or someone you know is facing such charges, an experienced criminal defense attorney can build a strong case on your behalf to reduce your charges or avoid another conviction altogether.
Consequences of Illegal Possession of a Firearm in Wisconsin
You may be prohibited from possessing a gun not only if you have been convicted of a felony in Wisconsin, but also if you have been convicted of an offense in another state that would be considered a felony in Wisconsin, if you have been found not guilty of a felony due to mental illness, or if you have been issued a judgment of juvenile delinquency for an offense that is considered a felony for an adult.
What Happens if I Am Arrested for OWI With A Minor Passenger?
According to the National Highway Traffic Safety Administration (NHTSA), passengers account for nearly 30 percent of fatalities in accidents involving drunk driving. While an adult may knowingly make the decision to get in a car with an intoxicated driver, children often have little choice in the matter. For this reason, OWI with a passenger under the age of 16 is a very serious offense in Wisconsin, and you should be aware of the potential consequences if you or someone you know has been arrested for this crime.
Penalties for OWI With a Child in Wisconsin
In general, the possible penalties for an OWI conviction in Wisconsin vary depending on the number of prior convictions on the offender’s record and the harm the offense has caused to other people. For example, a first offense typically results in only a fine of $150 to $300 and a revoked driver’s license for 6-9 months, whereas a fourth or subsequent offense, or one resulting in great bodily harm or death, can result in serious felony charges, with penalties that can amount to up to $100,000 in fines, up to 40 years in prison, and a revoked license for 5 years beyond the confinement sentence in the most serious cases.
Can I Pursue Compensation for Injuries from Domestic Violence?
Domestic violence is a serious issue in Wisconsin, with nearly 30,000 incidents reported to law enforcement each year. Many of these incidents result in criminal convictions for charges ranging from misdemeanor battery to Class A felony murder, but these convictions may offer little comfort to abuse survivors who are left to cope with injuries and their lasting effects. If you have been the victim of domestic abuse, you may need an attorney who can help you pursue compensation through a victimology claim in civil court.
How to Pursue a Civil Lawsuit Against an Abuser in Wisconsin
A victimology lawsuit is similar in some ways to a personal injury lawsuit you might file after a car accident. You will need to prepare evidence to demonstrate to the court that your injuries were caused by the actions of another person and that you have incurred significant damages and expenses as a result. In order to present a strong case for full compensation, you should also keep a record of all damages related to your injuries, including medical expenses, lost wages, emotional distress, in addition to pain and suffering.
Reducing Your OWI Sentence With the Wisconsin Safe Streets Option
Drunk driving is taken seriously in the United States, with harsh penalties for a conviction. A conviction for operating while intoxicated (OWI) can result in serious consequences with long-term implications, especially if you already have a prior conviction. In Wisconsin, second-time offenders can face up to six months in jail, over $1,000 in fines, and a revoked driver’s license for up to 18 months, and the penalties only grow for additional offenses. However, even if you are convicted for a repeat offense, you may be able to reduce your sentence through Wisconsin’s Safe Streets option.
What Is Wisconsin’s Safe Streets Option?
The Safe Streets option is available in several Wisconsin counties, including Waukesha, Milwaukee, Jefferson, Walworth, Dodge, and Racine. Its purpose is to help non-violent offenders with alcohol and drug issues achieve sobriety by offering reduced jail sentences for those who successfully complete an alcohol or drug treatment program as part of their probation. The Safe Streets option can only be used once in a person’s lifetime, but it can make a significant difference if you are facing conviction for one of the following offenses:
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