Recent Blog Posts
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.
How to Collect Owed Child Support in Wisconsin
Your 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.
Arrested Under Suspicion of Domestic Abuse
Police 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:
How Property Division Works in a Wisconsin Divorce
Wisconsin is a community state, which means the court is presumed to divide all marital property equally between spouses in a divorce. However, not all property is subject to equal distribution, which is the case for individual property. A knowledgeable attorney can help you decipher which is which while also going to bat for you in court if necessary.
Marital Property vs. Individual Property
Marital property is considered to be all assets acquired during a marriage. The exception to this is gifts or inheritance bequeathed to one spouse. Marital property is subject to a 50/50 division in the event of divorce, regardless of whose name may be on the title.
Individual property, also referred to as separate property, is any asset obtained before a marriage that has not been commingled with marital property. Gifts or inheritance left to a single spouse are also considered individual property. Of course, if the gifts or inheritance are commingled with marital property, they can then also be seen as marital property in court.
The Difference Between OWI and DUI
Getting behind the wheel of a motor vehicle while intoxicated is very likely to affect your driving abilities. Not to mention if caught, you could be looking at charges that could see your license suspended as well as potential jail time. The charges received will usually fall under either driving under the influence (DUI) or operating while intoxicated (OWI).
Wisconsin laws carry serious penalties and should be taken just as seriously. To help fight any charges being lobbied against you, it is recommended you consult a lawyer experienced in those charges willing to go to war to defend your rights.
OWI vs DUI
The primary difference between these normally interchangeable terms is that an OWI can be received for sitting in the driver’s seat of a non-moving vehicle. This contrasts with a DUI in that a person must actually have the vehicle in motion to be charged.