In the United States, the "right to remain silent" is well-known. After hearing police officers in movies and TV shows inform people of this right whenever they are arrested, American citizens know that they have protections that will allow them to avoid incriminating themselves. However, people choose to waive this right far too often. Even if a person is just trying to be helpful and cooperative with police investigations, they can inadvertently provide information that could lead to criminal charges. A recent high-profile case illustrates the dangers that people face when interacting with police and the importance of being represented by an attorney.

Movie Star to Face Manslaughter Charges

In 2021, Alec Baldwin, a well-known actor, was involved in an incident during a movie shoot that resulted in the death of a member of the film's crew. According to reports, he was given a gun to use during a scene, but he was not informed that it was loaded with live rounds. When Baldwin fired the gun while filming, the film's cinematographer was killed, and the director was injured.

In a divorce or family law case involving parents, the court must determine what is in the best interests of the children. This includes deciding how parents will share custody of their children. Child custody cases will address legal custody, or the rights of parents to make decisions about issues such as education and medical care for children, as well as physical placement, or the time that children will spend with each parent. In some cases, Wisconsin courts may impose restrictions on child custody if this is necessary to protect the children's safety and well-being. Parents will need to understand when these types of restrictions may be put in place and how they can protect their parental rights while providing for their children's best interests.

What Are Restrictions on Child Custody?

Courts may decide to place legal limitations upon one or both parents that will apply when they spend time with their children, interact with the other parent, or make decisions about child-related issues. In some cases, a parent may be restricted to supervised visitation with their children, and they may be required to spend time with children in a public place while under the supervision of a social worker or another person. Parents may be required to exchange children in public locations or through third parties. If children's health and safety may potentially be at risk, a parent may be prohibited from using drugs or alcohol before or during their visitation time, or they may not be allowed to have children stay overnight in their home. A parent may also be required to receive treatment for substance abuse or psychological treatment to address mental health issues, or they may be ordered to participate in a domestic abuse prevention program.

When Child Custody Restrictions May Be Put in Place

A court may decide to implement restrictions if there is evidence that these measures are necessary to protect the safety, health, and well-being of a minor child. For example, if one parent has been convicted of domestic violence or has a history of drug or alcohol abuse, the court may impose restrictions to ensure that children will not be placed in a situation where they could suffer harm. In these situations, visitation with a parent could be limited to supervised visits at an approved facility or location until it is determined that they no longer pose a threat to their children's health or safety during periods of physical placement.

Operating a vehicle while under the influence of an intoxicating substance is a serious offense in Wisconsin. In many cases, arrests for Operating While Intoxicated (OWI) occur because a person is suspected of drinking alcohol before getting behind the wheel. However, OWI charges may also apply if a person is accused of driving while under the influence of controlled substances or other drugs. If you have been arrested for operating a motor vehicle while under the influence of drugs, it is important to understand the laws that apply to your case, the potential consequences you may face, and the steps you can take to protect your rights.

Wisconsin Law on Drug-Related OWI Charges

In Wisconsin, it is illegal to operate a vehicle while under the influence of an intoxicant. In addition to alcohol, intoxicants may include controlled substances such as marijuana, heroin, cocaine, methamphetamines, or prescription drugs such as opioids. A combination of multiple substances may also cause a person to become intoxicated. For example, a person may drink a small amount of alcohol that would not normally cause them to be intoxicated, but if they have also used prescription drugs, over-the-counter cold and flu medicines, or marijuana, the combination of these substances may cause a higher level of impairment than they would experience when using the individual substances on their own.

The legal limit for blood alcohol content (BAC) is 0.08 percent, which means that a person can usually have one or two drinks before they are considered to be intoxicated. However, any amount of a restricted controlled substance in a person's system can result in an OWI charge.

At Bucher, Wolff & Sonderhouse, LLP, we provide compassionate, effective legal representation in criminal defense and family law cases, and we also strive to educate and inform people about the legal issues that may affect them. Through our blog, we discuss different types of criminal charges, issues related to divorce and child custody, and other matters that we can help clients address. As part of our ongoing efforts to provide useful information about the law, here are our top blogs that our readers found to be helpful in 2022:

1. What Are the Consequences for Disorderly Conduct in Wisconsin? - We look at how Wisconsin law defines disorderly conduct, examples of conduct that could lead to criminal charges, and the consequences a person may face if they are convicted of this offense.

2. Federal LSD Drug Laws and Punishments - The drug charges that a person may face can vary depending on the type of substance, the amount of drugs in question, previous convictions, and whether they are charged in state or federal courts. This blog looks at potential federal charges related to the hallucinogenic drug LSD.

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During the divorce process, spouses will need to address a variety of issues related to the property they own, the income they earn, and other aspects of their family's finances. Spousal support, or alimony, can often be one of the most contentious issues that may be raised during divorce. In cases where spousal support may be a factor, it is important for spouses to understand when a person may be eligible to receive support payments, how the amount of payments will be determined, and other related issues. If you are considering a divorce or have already started the process in Wisconsin, understanding the ins and outs of spousal support can help you make the right decisions for yourself and your family. 

What Is Spousal Support? 

Spousal support is known as spousal maintenance in Wisconsin. This form of support is an amount of money paid by one former spouse to the other after a divorce. It is designed to help the receiving spouse maintain a lifestyle similar to what he or she enjoyed before getting divorced. This assistance is typically paid either as a lump-sum payment or through periodic payments over time. 

Spousal maintenance may come in two separate types: temporary and permanent. Temporary spousal support is designed to provide financial assistance during the divorce process, and it may be ordered by the court before the final divorce decree or judgment has been issued. Permanent spousal support, on the other hand, will be paid after the marriage has been officially dissolved, and it may last for a specific period of time or for an indefinite period. Maintenance will be terminated if either spouse passes away or if the recipient remarries.