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Recent Blog Posts
Will I Receive Spousal Maintenance After My Wisconsin Divorce?
In today’s modern American families, it may not just be the husband who is the breadwinner for the family. Now, it is not uncommon for both spouses to have a job that equally provides for their family. This is why it can be so difficult for some people after a divorce. Instead of living off of two incomes, it can be an adjustment to learn how to manage with just one income. In some cases, there may be a significant inequality in how much money each spouse makes and contributes to their family. In these kinds of situations, it is not uncommon for one spouse to petition for spousal maintenance in a Wisconsin divorce.
Factors Used to Determine if Spousal Support Is Awarded
It is never guaranteed in any divorce case that there will be spousal maintenance involved. If a spouse files a petition for maintenance, then the court will conduct a hearing to determine whether maintenance should be awarded. The factors the court uses to determine this include:
What Are the Penalties for OWI When the Offender Is Under 21?
Most states have laws that make it illegal to drive under the influence (DUI) of drugs or alcohol. In Wisconsin, these laws are referred to as operating while intoxicated (OWI). These laws tend to be broadly defined, and they apply to a number of drunk driving behaviors. In Wisconsin, you can be charged with OWI if you have a BAC of 0.08 percent or more; are intoxicated and unable to safely drive; or have any detectable amount of a controlled substance in your body. If a person is under the age of 21 when he or she is convicted of OWI, he or she can face an additional set of criminal consequences in conjunction with regular OWI penalties. That is why it is essential to seek professional legal counsel to make sure your rights are protected throughout the proceedings.
Wisconsin’s “Not a Drop” Law
When Does Theft Become a Felony Charge in Wisconsin?
Some of the most common crimes committed by juveniles and adults alike are theft crimes. These crimes involve the unlawful taking of property, which can become serious rather quickly. In the state of Wisconsin, theft crimes can be charged as either a misdemeanor crime or felony crime, depending on a variety of circumstances. Typically, the more the stolen property is worth, the harsher the consequences. However, there are a few circumstances in which theft is considered a felony, despite the value of the items. If you have been charged with a theft crime, your best bet for a favorable outcome is to hire an experienced criminal defense attorney.
What Constitutes Theft in Wisconsin?
While the basic definition of theft is taking something that does not belong to you, there are certain specific situations that Wisconsin law considers to be theft. According to Wisconsin legal statutes, theft occurs when a person:
What Are the Consequences for Disorderly Conduct in Wisconsin?
One of the most commonly charged crimes in the state of Wisconsin is disorderly conduct. This can include a variety of behaviors ranging from public intoxication to yelling at a police officer. The crime of disorderly conduct is often referred to as a “catch-all” crime, meaning it can be applied to a wide range of behaviors and actions. Even though it may seem like a minor offense, being charged with disorderly conduct is still a crime that can result in significant consequences. If you have been charged with disorderly conduct in Wisconsin, it is imperative that you consult with a skilled criminal defense lawyer to understand your options.
What Is Disorderly Conduct?
According to Wisconsin statutes, disorderly conduct occurs when a person “engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance.” Basically, this means you can be charged with a crime if you act in such a way as to provoke or disturb someone in particular or the public in general.
How Is Child Support Calculated in Wisconsin?
Traditionally, child support payments were a product of divorce proceedings. If a husband and wife got divorced, the wife was typically granted sole custody of the children, while the husband had designated visitation rights. The husband would also pay a certain amount to the wife each month to help with the cost of raising the children. In today’s world, the situations in which child support is awarded have vastly changed, although the general purpose still remains the same. Child support is intended to be used for expenses relating to the child, such as clothing, food, and other essential items. Most courts across the country have agreed that both the mother and the father have the responsibility of financially providing for their children, regardless of where the child lives. Child support calculations can become confusing, but an experienced family law attorney can help explain the legal process.
Can I Refuse to Take a Breathalyzer Test During a Wisconsin OWI Stop?
Since the 1980s, both state and federal agencies have attempted to reduce the number of drunk driving accidents that occur. For the most part, this has succeeded. In Wisconsin, there were nearly 30,000 alcohol-related traffic crashes in 1980. By the time 2015 rolled around, there were only 5,174 alcohol-related traffic crashes recorded in Wisconsin. Even though the number of drunk driving accidents decreased immensely, they still remain a significant safety issue. Wisconsin OWI laws are taken seriously and are often enacted to their full extent. That is why if you or someone you know is charged with OWI, it is crucial to hire an experienced criminal defense attorney to make sure your rights are protected.
Implied Consent Laws in Wisconsin
Nearly every state in the United States has an implied consent law that requires drivers to submit to chemical testing if they are suspected to be driving while intoxicated. Wisconsin is no exception. If you are driving a vehicle in Wisconsin, you are deemed to have given your consent to submit to “one or more tests of blood, breath, or urine.” These tests are used to determine the amount of alcohol or drugs in your system, and they are typically performed after a person has been arrested on suspicion of drunk driving.
Who Can Own and Possess Firearms and CCW Licenses in Wisconsin?
Since the United States was founded, citizens have always had the right to own and possess firearms. Although this right is guaranteed by the U.S. Constitution, there are certain restrictions that can limit some people from having a firearm or carrying a concealed weapon. Both the state of Wisconsin and the federal government have laws pertaining to eligibility for owning or possessing a firearm or legally carrying a concealed weapon. Citizens of Wisconsin are not only subject to Wisconsin laws involving firearms, but also federal laws. Violating these requirements can result in serious charges that can carry harsh penalties.
Eligibility For a CCW License
Wisconsin is one of the states that does not mandate its residents to have any type of permit or license to own or possess a firearm. While you can own a firearm without any additional state requirements, there are obligations that you must meet if you want to get a concealed carry weapon (CCW) license, which is necessary to legally carry a concealed weapon in the state of Wisconsin. To be eligible for a CCW license, you must:
Top Tips for Creating a Wisconsin Parenting Plan
Ending a marriage can be extremely difficult for many reasons. For some couples, their union ends in heartbreak with much tension between them. In other cases, the split is more peaceful, and ending the marriage allows the couple to close a chapter of their life in anticipation of a fresh start. Whatever the reasons, if you are a parent who is considering a divorce, it is important to realize that even though your marriage is over, your role as a parent does not stop. You will always be in your ex-spouse’s life, because you share children together, and it is both of your jobs to ensure your children are taken care of after the divorce.
Filing a Parenting Plan
Planning for how you will raise your children together after your Wisconsin divorce can be a tedious process. Wisconsin courts require parents to attend mediation sessions in order to create a parenting plan. If you and your spouse are able to reach a resolution on a parenting plan, the court will typically approve it, as long as the terms of the plan are reasonable, and both parents voluntarily agree to it. If the court waives the need for mediation, or if you and your spouse attended mediation and were unable to come to a mutual arrangement on matters, you will each have to submit a proposed parenting plan to the court in writing within 60 days.
What Are the Penalties for OWI in Wisconsin?
One of the most common crimes committed with a vehicle is driving while under the influence of drugs or alcohol. In Wisconsin, this is referred to as operating while intoxicated (OWI). Some of the most deadly and serious car accidents occur because of people driving when they are drunk or high on drugs. According to the Wisconsin Department of Transportation, there were nearly 30,000 OWI arrests that took place in 2015, with more than 5,000 alcohol-related car crashes. In the past few decades, more emphasis has been placed on preventing drunk driving, with one strategy being to increase the consequences for committing an OWI. In Wisconsin, penalties for OWI can range from a simple fine to jail time or felony charges, depending on the situation.
First-Offense OWI
In Wisconsin, a first-time OWI offense is not technically considered a criminal charge. Rather, it is classified as a petty offense that results in a fine and a driver’s license suspension. If you are caught driving while under the influence for the first time, you will be subject to a fine between $150 and $300, a $435 OWI surcharge, and a six- to nine-month driver’s license suspension. However, you can apply to get an occupational license immediately. An occupational license allows you to drive to certain places, such as work, school, church, or the grocery store.
Fight back against a holiday drunk driving charge
Some people might have been arrested for drunk driving over the recent holiday season. If you are one of these, you need to get to work on your defense right away. Some components of these cases are time sensitive, so you are very limited on how much time you have to act. We are here to help you go through the various aspects of your case.
One thing to remember for drunk driving cases is that your defense strategy might call several points into question. We need to have time to look at the circumstances of the case to determine exactly what our options are. Once we know this, we can discuss them with you so that you can give us directions on what you want to focus on. The goal is to come up with a strategy that is comprehensive and that is based on the truth of the time.
Another thing that you have to consider in these cases is how the effects might impact your life. For example, you might lose your driver's license. This means that you will have to find ways to get work and to run errands. If your job involves you driving, you won't be able to do that.
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