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Recent Blog Posts
Understanding Your Right to a Speedy Trial
Derived from the Sixth Amendment of the US Constitution, any citizen charged with a crime in Wisconsin has a constitutional and statutory right to a fair and speedy trial. This is in all criminal prosecutions, from misdemeanors to felonies. However, it does not extend to every aspect or step of your criminal case. For help with your criminal charges, do not hesitate to contact a criminal defense attorney to help safeguard your rights.
What is The Right To a Speedy Trial?
The premise for a right to a speedy trial is to not hold the accused in a state of limbo between when they are arrested and when a trial begins. This means the Constitution does not want people rotting in jail for too long while awaiting their impending trial.
Though the Constitution does not explicitly define what constitutes a speedy trial, it does provide guidelines on how your rights may be violated. A federal speedy trial may differ from a state's speedy trial, as is the case in Wisconsin. The Wisconsin Statute mandates a maximum predetermined timeframe for when a trial should take place. This includes trials for misdemeanors, which should be tried within 60 days of the initial appearance and 90 days following the demand for a trial in felony cases.
How To Modify a Wisconsin Child Support Order
Child support orders may need an adjustment if there have been significant changes to a parent’s or child’s circumstances. The non-custodial parent should speak with the custodial parent on a potential child support modification before taking any legal action. It will make the process go a lot smoother if both parents agree to the adjustments. Failure to reach an agreement will require strong reasoning for child support changes in a Wisconsin court. Consulting an attorney before filing a stipulation to change support can ensure you have a strong enough case for your modification request.
Wisconsin Child Support Modification Eligibility Requirements
Before filing a motion to modify child support in Wisconsin, a parent will need to meet certain requirements. Wisconsin has a 33-month waiting period in place for essential modifications to a child support order. However, this waiting period can be waived if there has been a substantial change in circumstances for the child, non-custodial parent, or custodial parent.
Shoplifting Can Lead to Criminal Felony Charges
Most people probably think of petty theft when shoplifting involves something like stealing a shirt from a mall outlet or a pack of gum from a convenience store. The truth of the matter is, depending on the value of what is lifted, you could face serious penalties, including up to a decade in prison. To further understand the laws surrounding shoplifting, you will want an experienced lawyer to guide you through them.
How Wisconsin Defines Theft
Types of theft can vary widely in Wisconsin. There is shoplifting, identity theft, and theft by fraud, to name a few. As far as the Wisconsin Statutes go, what constitutes theft is the taking, removing, using, hiding, or keeping another person's property without their consent with the intent to own that property permanently.
When To Get a Postnuptial Agreement in Wisconsin
So you got married but forgot to get a prenuptial agreement or simply never planned on getting one in the first place. But now you feel you need to protect the assets you have worked so hard to accumulate and wonder if it might be too late. Thankfully, postnuptial agreements do exist and are legally binding in Wisconsin, so long as what is in it is still fair should a divorce occur. Consulting a knowledgeable attorney can help you navigate the complexities of a postnuptial agreement and determine if one is suitable for your situation.
What is a Postnuptial Agreement?
A postnuptial agreement is practically a prenuptial agreement created after the marriage has begun. Couples still use them to protect their assets, such as vehicles, bank accounts, retirement accounts, homes, etc. They can be a great way to offer peace of mind to anyone hoping to keep their personal belongings after a divorce, especially in a community property state such as Wisconsin.
Defense Against Fraud Charges in Waukesha
Deception to cause harm, or fraud, is a serious criminal offense in Wisconsin that could land a defendant behind bars. Fraud comes in many forms, and to help protect you from the fallout of the charges will require a skilled and knowledgeable lawyer. You will do well to understand what fraud is, in a legal sense, and how best to defend yourself from any fraud-related charges.
How Fraud is Committed
An act of fraud, for it to be considered fraud, will require:
- The accused knowingly misrepresenting a material fact to deceive
- The accuser acting on the false statement they believe to be true and suffering harm or loss as the result
There are two primary categories of fraud, which include:
- Personal fraud
- Business fraud
Why Establishing Paternity is Beneficial in Wisconsin
Being legally acknowledged as a child's father carries with it many benefits, both legal and personal. There are many reasons why establishing paternity can be important in the short and long-term of both the parent and child's life. Those reasons include:
- Provides the father legal rights to their children
- The child will know who their father is
- The father can add the child to their health insurance
- Health records are now accessible to both parents
- A father can leave an inheritance to the child
- Child support is now legally possible
A family law attorney can help you establish paternity as a father. As a mother, an experienced lawyer can provide advice and support in getting the courts to enforce a paternity test or help locate an absent father.
What Not To Do During a Divorce
A divorce is a challenging experience for all parties involved and can wreak havoc on other aspects of your life if you let it. The life adjustments required to get through proceedings relatively unscathed, the complex emotions involved, and all of the legal obstacles can create a whole host of complications. It is not likely you can avoid all of the difficulties involved, but having an experienced attorney by your side to help understand what you should avoid doing during this period can make the entire process that much smoother.
Never React Impulsively
Divorce is an emotional rollercoaster with many obstacles to overcome. Avoid lashing out or acting impulsively unless you want to create additional complications with long-reaching consequences. Being aggressive, impulsive, or irrational can only serve to complicate the divorce process, which could lead to additional expenses and stress. Try focusing on being level-headed in your approach to negotiation and disputes. If necessary, seek out family, friends, and other professionals to support your emotions.
Theft Charge Defense Options in Wisconsin
The 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).
Is Child Custody Guaranteed in Wisconsin?
Regarding 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.
Firearm Possession with A Prior Criminal Record
Felons 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.
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