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Posted on in Criminal Law

Wisconsin Drug Defense LawyerThere are multiple types of drug crimes that a person may face, ranging from “simple” charges of drug possession to more serious offenses involving manufacturing or distributing controlled substances. Because these types of crimes are taken so seriously by law enforcement, a person who is arrested on drug charges may be concerned that they will face serious consequences, such as the requirement to pay large fines or serve a lengthy sentence in prison. Alleged offenders should be aware of the options for probation that may be available in some cases, and they will need to understand the rules and restrictions they may face if they receive this type of sentence.

Conditional Discharge for First-Time Drug Possession Offenses

If a person had not previously been convicted of any drug-related offenses, they may receive a sentence of conditional discharge following a guilty plea or verdict for a charge of possession or attempted possession of controlled substances. Conditional discharge is another term for probation. When sentencing a person to probation, a judge will determine an appropriate period for the sentence, which is usually between six months and three years. After completing probation, all charges against the person will be dismissed, and they will not have a criminal conviction on their record. Conditional discharge for drug possession charges is only available to a person once during their lifetime.

When sentencing a person to probation, a judge will impose certain terms and conditions that the person will be required to follow. Any violations of these terms and conditions may result in the court imposing the applicable penalties for the offense, and a conviction will remain on the person’s record. In drug possession cases, the terms of probation may include the requirement to receive treatment for substance abuse at an inpatient or outpatient treatment facility. Other rules that a person may be required to follow during probation include:

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Posted on in Family Law

waukesha spousal maintenance lawyerA divorce can lead to a variety of financial difficulties for both parties. While spouses will need to make adjustments to ensure that they will be able to support themselves individually instead of using a combined income, there are some situations where one party may be at a financial disadvantage. If one spouse earns a lower income, or if they are a stay-at-home parent who does not work outside the home, spousal maintenance may be appropriate. In these situations, a spouse may ask for ongoing support payments from their former partner. By understanding how Wisconsin law addresses this issue, divorcing spouses can understand their rights and determine how they can protect their financial interests.

Understanding Issues Related to Spousal Support

When it comes to spousal maintenance, Wisconsin’s divorce laws are fairly broad. Judges have a great deal of leeway to determine when this form of support will be appropriate, how much will be paid, and how long payments will last. The law lists a number of factors that should be considered by a judge when they look at whether to award spousal maintenance, and these include the age and health of both parties, how their financial situations will be affected by the division of marital property, and whether they have made any agreements about this issue, such as a prenuptial agreement.

Some of the most important issues that a judge may consider involve the earning capacity of the spouse who is asking for maintenance. The judge will look at the spouse’s education, job training, and employment skills, while also considering whether they have been out of the job market for a significant period of time, whether the decisions made about child custody and placement have given them responsibilities that will affect their ability to work, and whether they have the means to pursue education or training that will allow them to find employment. The judge may also consider whether either spouse has contributed to the other spouse’s education or training in a way that has increased that spouse’s earning capacity.

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Posted on in Criminal Law

waukesha criminal defense lawyerWhile the Second Amendment of the United States Constitution guarantees that Americans have the right to bear arms, there are some cases where laws restrict people’s ability to own or possess weapons. Some states have passed what are known as “red flag” laws that make it illegal for certain people to own firearms or other types of weapons based on their criminal history or other issues that could potentially create a danger to others. People in Wisconsin will want to understand what types of weapons laws apply to them, and anyone who is facing weapons charges can work with an attorney to determine their options for defense.

Laws Addressing Firearm Ownership in Wisconsin

States that have implemented “red flag” laws may prohibit gun ownership for people who are considered a threat to other people or society at large. Usually, these laws allow for temporary restrictions in certain situations, such as when a person is accused of committing domestic violence. In many cases, only law enforcement officials are permitted to implement protective orders requiring a person to surrender their firearms. However, other people, such as a person’s spouse or family members, may be able to request these types of orders.

Currently, Wisconsin does not have “red flag” laws that allow for “extreme risk” protection orders that revoke a person’s right to own a firearm. However, if a person is subject to a restraining order based on accusations of domestic abuse, child abuse, or harassment, they will be required to surrender any firearms they own. If there is clear and convincing evidence that a person may use a weapon to harm someone else or endanger public safety, they may be prohibited from owning or possessing firearms while a restraining order is in effect. Those who have been convicted of felonies are also prohibited from owning or possessing firearms, and these restrictions also apply to those who have been involuntarily committed to a mental health facility. Illegal possession of a firearm is a Class G felony.

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Posted on in Family Law

wisconsin child custody lawyerThere are many different legal issues that will need to be addressed during a divorce, and for parents, child custody is likely to be one of the most important of these issues. When a couple’s relationship has broken down, and they no longer wish to remain married, it is understandable if either or both spouses are concerned about their ability to work together to raise their children. While parents will often do their best to set aside their differences and make sure that they will each play an important role in raising their children, there are some cases where a parent may believe that it would be best for one parent to have sole custody of their children. In these situations, parents in Wisconsin will need to understand how the state’s laws address sole and joint child custody.

Sole Custody and Physical Placement Under Wisconsin Law

There are two aspects of child custody addressed in Wisconsin’s divorce laws. Legal custody refers to a parent’s right and responsibility to make decisions about major issues in a child’s life. Physical placement refers to when a child will be in the physical control of a parent, during which the parent will have the right and responsibility to make routine decisions about the child’s care.

In most cases, Wisconsin law presumes that it is in a child’s best interests for parents to share joint legal custody. The only exception to this presumption is in cases involving domestic abuse. This means that most of the time, parents will be able to share in the rights and responsibilities of making decisions about how their child will be raised. However, sole custody may be granted to one parent in certain situations if a judge determines that doing so would be in the child’s best interests. These situations may include:

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Posted on in OWI

drugged driving lawyerThe use of marijuana has become more acceptable in the United States over the past several years. Many people treat this substance the same as alcohol, considering it to be a relatively harmless recreational drug to be used in moderation. However, even though multiple states have made marijuana legal as either prescription medication or a recreational substance, it continues to be illegal in Wisconsin and at the federal level. Drivers in Wisconsin should be aware of the potential consequences they may face if they are arrested for OWI/DUI based on their use of marijuana.

“Driving While High” in Wisconsin

Since marijuana can have intoxicating effects similar to alcohol, those who drive while under the influence of this substance could be pulled over by a police officer and arrested for Operating While Intoxicated (OWI). However, there are a few differences between OWI cases involving alcohol and those involving marijuana.

Wisconsin law recognizes a legal limit for the blood alcohol concentration (BAC) that a driver can have before being considered intoxicated. If a driver has had one or two drinks, their BAC may be below .08 percent, making it legal for them to drive. However, Wisconsin law does not have a legal limit for marijuana. In fact, the law states that it is illegal for a person to drive with any detectable amount of a restricted controlled substance in their blood.

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