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Recent Blog Posts
Can a Juvenile Be Prosecuted for a School Fight in Wisconsin?
In Wisconsin, a juvenile can be arrested and charged with battery if the circumstances surrounding a school fight call for it. If convicted in adult or juvenile court, the consequences can be severe, sometimes causing lasting damage to a child’s reputation and future plans. If your child is facing a battery or related charge for a school fight, a Muskego, WI juvenile court defense attorney can help you understand the charges and possible defenses.
What Does Wisconsin Law Say About Juvenile Battery?
In Wisconsin, battery refers to the intentional causing of bodily harm to someone without their consent. It is a criminal offense of varying degrees and can carry significant penalties. Typically, the court focuses on rehabilitation rather than punishment for juveniles. If tried in juvenile court, your child could face penalties like community service, probation, and counseling.
What Is a High-Asset Divorce in Wisconsin?
In any divorce, property division can be a point of complexity and contention. In a high-asset divorce, dividing property is often even more complex and challenging. Determining what is marital and nonmarital assets alone can result in major disputes.
Whatever your situation may be, an experienced Waukesha County, WI high-asset divorce attorney will fight to protect your right to fair distribution. Without legal representation, you may risk losing assets or portions of assets that are rightfully yours.
What Is the Difference Between a High-Asset Divorce and a Standard Divorce?
The complexity and value of assets are what differentiates a high-asset divorce from a standard divorce. Some characteristics of high-asset divorce include:
How Can Having an Abusive Spouse Impact Divorce in Wisconsin?
Domestic violence is always devastating. Too often, people living with an abusive spouse feel trapped because the uncertainties of divorce can leave them fearful, especially if they have children with the abuser. Currently, Wisconsin remains a no-fault divorce state, which means that you can leave without proving wrongdoing. Additionally, there are legal protections that could help keep you and your child safe, and an experienced Waukesha County, WI divorce attorney can help you understand your options.
Filing for Divorce When Your Spouse Is Abusive
Being afraid for your safety can make filing for divorce much more intimidating. It is not uncommon for victims of an abusive spouse to delay divorce for fear of retaliation. Sometimes, feelings of shame can cause you to hide the truth, especially in a no-fault divorce state, where you may feel it is unnecessary to disclose this information. Realistically, telling your attorney about the abuse right away is important, especially if your spouse has been criminally charged with domestic violence under Wisconsin law.
Can You Go to Jail for Shoplifting in Wisconsin?
In Wisconsin, there is more to shoplifting, or retail theft, than just taking an item without paying. Several other actions constitute shoplifting and can have severe penalties. The regulations that apply to these charges can be complex. If you were recently arrested for and charged with retail theft, a Milwaukee area shoplifting defense attorney can offer insight into the legal process and provide experienced representation.
What Counts as Shoplifting?
According to the Wisconsin statute for retail theft, actions that intend to "deprive the merchant permanently of possession of the full purchase price of the merchandise or property" counts as shoplifting. The following actions are punishable by retail theft law:
When Can You Be Charged with Disorderly Conduct in Wisconsin?
Disorderly conduct has a broad definition in Wisconsin. It covers a range of actions, from violent or abusive behavior to indecent language in public. Any action that can frighten or disturb others could be disorderly. If you are facing a disorderly conduct charge, a Waukesha, WI disorderly conduct defense lawyer may be able to help you fight the charges. The first step is understanding the reason behind your arrest and your side of the story.
What Are Some Examples of Disorderly Conduct?
There is no way to cover every possible example of disorderly conduct, but some common actions that have led to this charge include:
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Verbal disagreements in public that disturb others
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Physical altercations that could also result in assault charges
Can a Wisconsin Family Court Order Parental Drug Tests?
Custody issues are well-known for getting extremely contentious in some cases. To that end, one parent may sometimes request that the other submit to a drug test. This would come into play when one parent believes the other is an unfit parent and does not deserve any level of custody or visitation or is requesting supervised visitation. While a serious drug problem can be a factor in determinations of child custody, it may seem that undergoing drug testing is a violation of the parent’s privacy.
Yet, Wisconsin Statute Section 804.10 grants the court the authority to make such an order when the mental or physical condition of a person is at issue. In fact, under this law, the court can order a physical, mental, or vocational examination after a motion to show cause is filed and cause is properly shown. Whether there is sufficient basis to request a drug test is within the court’s discretion since the law only requires that some cause be shown and does not require that cause to be compelling.
What Are the Penalties for a Road Rage Incident with a Gun?
Recently, a Madison, WI man was arrested for flashing a gun during a road rage incident. From witness statements, it appears the man was annoyed about another driver who was playing loud music with his windows down, so he yelled at the other driver, and when he was ignored, he brandished a firearm at the other driver.
The 69-year-old was arrested for disorderly conduct while armed and charged under Wisconsin statute 941.20 – Endangering Safety by Use of a Dangerous Weapon. Firearm charges like this are punished harshly in the state. If you are charged with this crime – or any crime associated with a firearm – the best step you can take to protect your future is to speak to a Brookfield, WI criminal defense lawyer.
Could I Be Charged with a Felony for Custodial Interference?
Most parents who have gone through a divorce and must now parent their children separately while making certain decisions together know it is rarely an easy situation. There are bound to be minor annoyances for both parents. Perhaps one parent dislikes the fact that the other allows the children to stay up until 11:00 p.m. on school nights.
Or it may drive one parent crazy that the other is always half an hour late for pickups and drop-offs. One parent may allow the children to constantly drink soda, while the other insists on healthy drinks. The list goes on and on. This type of constant bickering between the parents, while not a good thing for the children, is not a criminal offense.
There can be much bigger issues like deliberately denying visitation, being hours "late" to drop the children off, or taking the child to another state without letting the other parent know. In some cases, these things can be considered custodial interference – a Class I felony, should the court feel it is appropriate.
What is Bail Jumping in Wisconsin?
Recently, a southeastern Wisconsin man who caused a collision in November and was subsequently charged with Homicide by Intoxicated Use of a Motor Vehicle failed to appear for his January court date. The Racine County Sheriff’s Office arrested the individual during an executed search warrant on February 24th.
The suspect fled, jumping multiple fences and causing the officers to pursue him on foot. He additionally faces charges of possession of cocaine, possession of THC, resisting or obstructing an officer, carrying a concealed knife, causing injury while under the influence, and three counts of Felony Bail Jumping.
If you find yourself charged with a criminal offense – including bail jumping - it is extremely important that you show up for any scheduled court dates. It can be extremely beneficial to speak to an experienced Oconomowoc, WI criminal defense attorney who can examine the evidence, facts, and circumstances surrounding your arrest and present the best defense available.
My Spouse Says He Will Get Custody Because My House is Small
Suppose your finances are shaky during the divorce, so you rent a small one-bedroom apartment until you get back on your feet. When you get to the part of your divorce that will determine custody and visitation for your two children, your spouse throws you an unexpected curve, claiming he will get primary custody because your home is "too small." What should you do if you cannot afford a larger home right now?
What if he’s right, and you are not granted primary custody or even liberal visitation because of the size of your home? This is not an issue you should try to handle alone. Custody and visitation issues are among the most contentious issues of many divorces. Having an experienced Pewaukee, WI family law attorney as a strong advocate by your side can make a difference in the outcome of custody and other divorce issues.
How Small is "Too Small?"
The court looks at many factors when determining the best interests of the child, and a small house would not likely be seen as a hindrance to custody or visitation. You might consider bunk beds in the bedroom or, depending on the size of the room, a portable divider that separates bedroom areas for the children. The age and gender of the children will dictate how you approach sleeping areas.
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