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Waukesha County criminal defense lawyerThe charges and convictions for theft in Wisconsin range from Class A misdemeanors to Class F felonies. The severity of the penalties for these convictions can vary widely. Understanding how to defend yourself against theft charges is a great first step toward avoiding a conviction. An attorney with experience in theft charge defense can provide ample options to help you fight them.

What is Theft in Wisconsin?

Wisconsin defines theft as an intentional act of depriving an owner of their possession(s). The alleged thief can do so physically by taking, using, transferring, or holding onto the property without the intention of returning it. Theft by fraud is another option where a person deliberately uses false information to acquire another owner’s possession(s).

Penalties For Theft Convictions

Theft penalties are often dependent on the property value which was stolen. As mentioned, penalties for theft can range from a Class A misdemeanor to a Class F felony, all of which are significant. A guilty conviction could subject you to the following penalties:

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Is Child Custody Guaranteed in Wisconsin?

Posted on in Family Law

Waukesha County family lawyerRegarding child custody, Wisconsin is a best interest state, meaning that parents are awarded joint or sole custody according to the child's best interests. One parent is not automatically guaranteed child custody over another. However, there are some things a judge will look at that could swing the decision in one parent's favor. For child custody and divorce cases, it is in a parent's best interest to consult an experienced attorney.

What is Child Custody?

Child custody in Wisconsin refers to the guardianship of a child or children by one or both parents. The guardianship covers legal decision-making over a child or children and placement, where a child or children will live full-time. The parent with whom a child lives primarily is considered the custodial parent. The non-custodial parent may receive child visitation rights to access their child or children to continue fostering a parent-child relationship. Paternity must have been established for the father to obtain child custody rights.

Legal Custody Presumptions

There are two legal child custody presumptions present in Wisconsin:

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Waukesha County criminal defense lawyerFelons are not allowed to possess firearms in the state of Wisconsin. The same can be said for individuals convicted of domestic violence. A person who fits either description and is found to be in possession of a firearm can face steep penalties. For further details on what is prohibited to those with prior convictions, consult an experienced criminal defense attorney.

Are Felons Convicted Outside of Wisconsin Still Eligible to Possess a Firearm?

The answer is no. Any crime committed out of state that would still be held as a felony conviction in the state of Wisconsin will still see the convicted person as a firearm-prohibited individual. The same rule applies to felons in states where possessing a firearm is still legal.

What About a Felony Conviction As a Minor?

Similar to adults convicted of a felony charge, juveniles who are charged with a felony as if they were an adult are considered prohibited people. A juvenile, who for state purposes is anyone under the age of 18 who was convicted of a felony, may still be able to possess a firearm, but only if the court deems them unlikely to be a danger to the public.

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Milwaukee County family lawyerYour children deserve the best care that you can give them. But how will you be able to provide them with what they need when a non-custodial parent fails to pay court-ordered child support? There are a few ways to enforce court-ordered child support in Wisconsin. A lawyer with experience in child support legal matters can provide invaluable step-by-step guidance toward helping you acquire support payments owed.

Ensuring Child Support is Established

A friendly, informal agreement between parents on child support is unenforceable by state agencies and the court. Make sure to go through the court to make a formal child support agreement so that the authorities can enforce it should the non-custodial parent ever become delinquent or a “deadbeat parent.” Even if parents cannot agree on child support payments, they must go to court to receive an enforceable order. A judge is the only one who can set an enforceable amount of child support and set the schedule for payments.

Child Support Enforcement

Once a court order for child support has been established, the non-custodial parent becomes legally bound to pay it. A non-custodial parent who refuses to follow the order or becomes delinquent in their payments gives the custodial parent the right to go to court and file an enforcement action. This will ask the judge to enforce the original court order on the delinquent parent. A judge can make many decisions regarding how to handle child support enforcement, including:

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Waukesha County criminal defense lawyerPolice are required to make an arrest if, while investigating a disturbance call, they find reasonable evidence to support domestic battery. They must also believe that the abuse is likely to reoccur, have physical evidence of abuse as exhibited on the accuser, or suspect the defendant is the predominant aggressor in the situation. In these circumstances, it is beneficial to seek out legal assistance immediately. A lawyer who has proven capable in domestic abuse defense cases can help defend your rights in a court of law.

How Can Police Believe I Am the Predominant Aggressor?

There are six determinations that police must consider to qualify you as the predominant aggressor in domestic abuse incidents:

  • History of abuse between the two parties
  • The fear of the accuser(s)
  • The degree of the injury or injuries of the accuser(s)
  • Other possible threats you have made to other parties that may or may not be present at the time of the arrest
  • If self-defense was required and acted upon by the accuser or another person on the accuser’s behalf
  • Witness statements testifying to the abuse in favor of the abuser

What Do I Do If I Have Been Arrested Under Suspicion of Domestic Abuse?

The accused must stay away from the accuser and their place of residence for 72 hours after the arrest. A defendant accused of domestic abuse will not be released until first seeing a judge or posting bail. Therefore, it is highly recommended you request a lawyer immediately following the arrest. Employing an attorney with experience and a solid understanding of the charges you may face can only benefit your defense.

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