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Recent Blog Posts
Will I Go to Jail For a First Time OWI in Wisconsin?
While everyone knows that operating a vehicle under the influence of drugs or alcohol is a mistake, many thousands of people have a few too many drinks and then get behind the wheel of their car every year in Wisconsin. The majority of these people, while taking an enormous risk, will make it to their destination safely. Others will get caught in OWI checkpoints, while others will go on to cause serious or even fatal traffic accidents.
Because of the potential life-altering seriousness of OWI accidents, prosecutors are often eager to teach drunk drivers a lesson. If you were just caught driving drunk for the first time (or even driving under the legal limit, in some circumstances), you need to hire an experienced OWI defense attorney who will help you fight the charges.
Penalties for a First-Time OWI Offense
Many people’s first concern after getting arrested for an OWI is whether they will go to jail. For most, the answer is no –– as long as a minor under age 16 was not in the car and no car accidents occurred.
Can I Defend Against a Theft Charge Even if I Was Caught Stealing?
Getting caught shoplifting can be scary, especially if you have never dealt with law enforcement before. Many people who purposely or accidentally shoplift small items are not exactly dangerous criminals, and while that is not an excuse for taking something that does not belong to you, you may rightfully feel as though it would be unfair for you to bear the full brunt of the criminal justice system. If you are facing charges for theft in Wisconsin, you may have options for a solid defense, even if it seems you were caught red-handed.
Possible Defenses Against Criminal Charges of Theft
You may feel as though the police have all the evidence they need to convict you, but they still have to prove you are guilty beyond a reasonable doubt - not always an easy feat when you have a great criminal defense attorney on your side. Depending on the circumstances of your case, your attorney may try to base a defense on one of the following options:
Can I Fight Our Wisconsin Prenup?
Engaged couples often create prenuptial agreements during a blissful, romantic period. While they may have felt themselves to be sensible at the moment, many years of marriage can fundamentally change a couple’s circumstances such that a previously signed prenup may no longer be fair or reasonable. Other times, a spouse will have signed a prenup under pressure from a partner or the partner’s parents, making the prenup unfair from the beginning. While fighting a prenup in Wisconsin civil court during divorce is not easy, there are conditions under which a marital agreement may be contested.
When Can a Prenup Be Contested in Wisconsin?
In order for a prenup to be enforceable, Wisconsin law says the agreement must be equitable for both parties. The assumption is that any given prenuptial agreement is equitable unless proven otherwise, meaning the spouse who wants to fight the prenup will have to prove it is unfair.
How Long Do I Have to Sit in Jail Before My Trial?
People often wonder whether it will be worth it to try to scrounge up the money to pay bail before a criminal trial. It can be difficult to know how long such a trial could take and whether it makes sense to just bear the time in jail rather than come up with the cash to get out.
Citizens of Wisconsin accused of crimes by the state have a right to a speedy trial. Your right to a speedy trial only applies once you are arrested or formally charged with a crime. The state is not simply allowed to keep you in jail forever without bringing charges in a criminal trial.
Unfortunately, this does not mean that the criminal justice system moves quickly or that there are no frustrating delays. It can be easy for the government to come up with excuses for why a trial has been delayed and why a victim’s right to a speedy trial has not been violated. With the help of a great criminal defense attorney, however, you can be sure that your case will move through the courts as quickly as possible.
Can I Keep My Inheritance in a Wisconsin Divorce?
When couples get divorced, the process of diving money, property, and debt is often very contentious. Whereas a couple may have previously shared everything they had, each spouse is now likely trying their hardest to maximize their share of the marital estate. While Wisconsin law makes the process of dividing property fairly straightforward in some regards, certain situations can make it more complex. If you received an inheritance before or during your marriage, you may be wondering whether you get to keep it in a divorce. For answers, read on and then contact an experienced Wisconsin divorce attorney.
What is Considered Marital Property in Wisconsin?
As with most states, Wisconsin considers assets and debts that are accumulated by either spouse during a marriage to be marital property. And because Wisconsin is a community property state, during a divorce, Wisconsin law requires marital property to be divided as equally as possible. But what about assets that spouses owned before the marriage? Or assets that were gotten through gifts and inheritance? While these are generally considered personal property, this can become complicated when funds are used for purposes that benefit the marriage.
Can I Get Arrested for Using a Fake I.D. at a Wisconsin Bar?
Adults who are over 18 but under 21 frequently seek out fake IDs so they can access alcohol and cigarettes. While this may seem like no big deal, the consequences of using a fake ID in Wisconsin can be harsh. Even temporarily borrowing someone else’s ID and representing yourself as the person on the ID, without actually using the ID to buy alcohol, is against the law. If you, your friend, or your child have gotten caught using a fake ID in a Wisconsin bar, grocery store, or restaurant, get help from a criminal defense attorney right away.
Do Police Care if You Are Using a Fake ID in Wisconsin?
Wisconsin police definitely care if a minor is caught using a fake ID to access substances that are otherwise forbidden to them. Not only are police concerned with the dangers that alcohol and cigarettes pose to the developing brains of underage adults, but the police need IDs to be reliable so that people can be identified whenever necessary. For example, imagine you were carrying someone else’s ID and something terrible happened to you. Identifying you and contacting your family members could be much more difficult, to say nothing of the confusion and suffering that may be caused by the actual ID holder’s family.
Do Not Neglect These 5 Asset Classes in Your Wisconsin Divorce
Over the course of a marriage, a couple can accumulate a vast array of assets as they build their marital net worth. During a divorce, every one of these marital assets must be divided, a process that can involve extensive valuation, negotiation, and investigation. It is essential to take the time to pursue the asset division process with the requisite care; failing to do so can result in an unfair division that can have long-term consequences on your financial future. Here are five asset classes to be sure to include in your asset division.
Business Assets
Businesses can provide an easy way to disguise assets and income for a spouse who is trying to hide money during a divorce. It is essential to carefully account for business assets, especially if one or both spouses want to maintain ownership of a portion of the business after the divorce. Valuating the business itself will be an important part of this process, as will keeping track of employees, accounts receivable, and tax filings.
Does a Wisconsin Teenager Charged with a DUI Go to Jail?
Teenagers are in a thrilling stage of life - faced with all of life’s possibilities and very little notion of practical limitations; they are often under the illusion that they are invincible. Life has a way of soon teaching them that this is not the case, however, and nothing can bring a teen crashing down to reality faster than getting caught driving under the influence of alcohol or drugs. Operating a vehicle while under the influence, or OWI, is a serious mistake - not only because of the significant legal penalties it carries, but also because of the danger involved. Fortunately, with the help of a great OWI defense attorney, your teen may be able to recover from his mistake.
What is the Legal Limit for an Underage Driver?
Until a young adult turns 21, the legally acceptable blood alcohol limit for driving a car or engaging in any other motor vehicle activities is zero. This includes boats, jet skis, snowmobiles, and more. Wisconsin’s “Not a Drop” law prohibits minors from consuming any amount of alcohol and driving. Police may test teen drivers by making them take a breathalyzer, asking them to perform walking or speaking tests, or arresting them and taking them to the police station for blood testing. Refusing to cooperate with the police can lead to further consequences.
Can I Ask a Judge to Terminate My Alimony Payments?
Following a Wisconsin divorce, both spouses tend to have strong negative feelings about alimony and spousal maintenance. The spouse paying often feels as though the payments are unjustified since the relationship has ended, while the spouse receiving payments frequently feels as though they are insufficient considering their contributions to the marriage over the years. However, regardless of how you feel about spousal maintenance, once an order has been entered into a divorce decree it is legally enforceable and must be followed until it has been terminated. Failing to send alimony payments before the allotted time is up can result in serious penalties, so it is important to understand this area of Wisconsin family law.
How Long Does Alimony Usually Last in Wisconsin?
The length of court-ordered spousal maintenance payments will depend on several factors, including, but not limited to:
Traffic Offenses in Wisconsin That Could Land You in Jail
Seeing the flashing lights of a police cruiser pulling up behind you is never a fun event. Most of the time, drivers in Wisconsin are pulled over for simple traffic infractions like speeding or not coming to a complete stop at a stop sign. However, in some cases, the traffic offense is much more serious and could lead to your arrest and even jail time. In addition to Operating While Intoxicated (OWI), there are other traffic offenses that could leave you with a criminal record. If you are charged with any of the following offenses, it is best to contact an experienced attorney who can take on your case.
Serious Consequences for Traffic Offenses
If you accumulate enough minor traffic offenses, you may eventually face criminal charges and even a revoked license. However, the following offenses are considered criminal, with much more serious consequences:
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