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Recent Blog Posts
What is Theft by Fraud?
Theft by fraud is a crime in Wisconsin that occurs when someone intentionally deceives another person to obtain their property or services. The deception can be made through words, actions, or a combination of both.
If you have been charged with fraud, talk to a lawyer to see what your defense options are. The prosecution might not have enough evidence to prove that you committed fraud. You could also argue that you were entrapped or that you did not intend to defraud the victim.
How Can I Be Convicted of Theft by Fraud?
To be convicted of theft by fraud, the prosecution must prove the following elements beyond a reasonable doubt:
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The defendant intentionally deceived the victim
5 Ways to Protect Your Assets in a Wisconsin Divorce
Sometimes the division of property can be worked out between the divorcing spouses or through mediation before heading to court. This is referred to as a no-contest division of property. The court can then enter an order for that division, making the settlement of community property no longer an issue. In contrast, contested divorce is where complications in the divorce settlement begin to arise, especially when one spouse considers some assets as separate rather than marital.
Careful planning can help you protect your assets in a divorce before you even get married. The first thing you will want to do is consult a qualified Wisconsin lawyer for legal advice. It is important that you find an attorney who is experienced in handling asset protection cases.
What is Community Property?
Wisconsin is considered a community property state, meaning that all marital property should be divided equally. So any property, debt, or asset acquired during a marriage, except gifts and inheritance in most cases, is considered community property.
Gun Crime Laws for First-Time Offenders in Wisconsin
Are you facing a criminal gun charge as a first-time offender in Wisconsin? It is important to understand that the penalties for gun crimes can be severe, even for first-time offenders. However, some defenses may be available to you.
If you are facing criminal gun charges in Wisconsin and are unsure of what to do, it is important to speak to an attorney as soon as possible. A good criminal defense attorney experienced in Wisconsin gun laws can help you navigate your individual situation so that you better understand the charges and your rights.
What are the Penalties for Gun Crimes in Wisconsin?
The penalties for gun crimes in Wisconsin vary depending on the severity of the offense. For example, carrying a concealed weapon without a permit is a Class A misdemeanor, which carries a maximum penalty of nine months in jail and a fine of $10,000. Possessing a firearm while intoxicated is a Class I felony, which carries a maximum penalty of 3 years in prison and a fine of $10,000.
What Can I Do if My Soon-to-be Ex Is Hiding Assets From Me?
Arguments about a couple’s money and belongings can get heated especially during a high-asset divorce. If a couple has collected a significant amount of valuable things while they are married, figuring out who gets what can be difficult. But when one spouse is underhanded and is hiding assets, things can get downright ugly. An experienced divorce attorney can help investigate and find hidden assets that you are entitled to after your divorce.
Does Wisconsin Law Require All Assets to be Disclosed During a Divorce?
High net-worth divorces require a comprehensive review of all assets and debts. In Wisconsin, both spouses are required to disclose all of their financial assets at the start of the divorce process. But that is easier said than done, especially when there is a lot of money on the line. Not everyone is truthful when it comes to disclosing their assets. Wisconsin law states it is illegal for your spouse to intentionally hide assets from you and that marital assets should be divided equally.
What Happens If I Am Caught Drinking and Driving a Boat?
Gliding across the sparkling waters in Wisconsin and feeling the wind tousle your hair while soaking up the sun makes for an exhilarating time. However, the excitement can take an unexpected turn if you are caught drinking and boating. It may lead to a boating under the influence (BUI) charge. If you are drunk driving on the water, a Wisconsin attorney can help.
What exactly is a BUI?
Wisconsin's waterways are not outside of the law. Especially during long holiday weekends, conservation wardens and police patrols will scan the waters for signs of suspicious drivers.
Similar to drinking and driving, if you operate a motorized boat you are breaking the law when your blood alcohol concentration (BAC) is .08 percent or higher. Under Wisconsin law that is considered intoxicated boating. Being under the influence of drugs, even prescription drugs, can also lead to BUI charges.
Understanding Marijuana Laws in Wisconsin
Wisconsin is not among the many states that have legalized cannabis products for recreational use. Here, it remains a misdemeanor to even possess a small amount of cannabis. The only exception is that qualified patients may use low-THC, high CBD products. If you are not a registered patient, you could go to jail if you are caught with cannabis. While simple possession is generally a misdemeanor, other offenses involving cannabis may be far more serious. It is very easy to become involved in a situation where you are seen - and charged - as a distributor. If you are facing any type of criminal charge related to marijuana, it is important to take the situation seriously. You could be facing years in prison depending on the specific crime you are charged with. An attorney can help you begin planning your best possible defense strategy.
3 Types of Individual Property You Are Likely Entitled to in a Divorce
Generally, almost everything a married couple owns is considered to belong equally to both spouses. This is usually true regardless of which spouse’s income was used to purchase or contribute to an asset. Even if one spouse did not work for pay during the marriage, their contributions to the marriage are deemed to have value. This is why most marital assets are to be distributed equally between the spouses in the event of a divorce. However, there are some types of property owned only by one of the two spouses. These types of non-marital property are referred to as “separate property” or “individual property.” Each spouse is permitted to keep their own individual property during a divorce. Individual property is excluded from the marital estate subject to legal division during the divorce process. However, there may be some instances where a spouse can be deemed to have donated their separate property to the marriage. An attorney can advise you regarding what separate property you may be entitled to keep.
7 Types of White Collar Crimes Under Wisconsin Law
In the state of Wisconsin, white collar crimes are serious offenses that involve deceit, fraud, or other forms of non-violent theft, and they are typically committed by individuals or businesses for financial gain. These crimes are often very sophisticated, and they can cause significant financial losses and other forms of harm for victims and society as a whole. These offenses are taken seriously by law enforcement officials and prosecutors, and those who are accused of fraud or related crimes will need to understand the nature of the charges they are facing and their options for defense. Some common types of white collar crimes include:
Embezzlement
This offense occurs when a person who has been entrusted with someone else's money or property misappropriates or steals those assets for personal gain. In many cases, embezzlement will involve an employee stealing money or property from their employer, but others may face theft charges if they are given control of someone else’s money or other assets and keep property for themselves with the intent of depriving the original owner of their ownership rights. Embezzlement charges can range from misdemeanors to felonies depending on the value of the stolen assets.
Divorcing a High-Conflict Spouse
If your spouse has a high-conflict personality type, you can reasonably expect that your divorce will involve a high level of conflict. When people choose to leave their high-conflict spouse, it is often a direct result of their high-conflict personality traits. People with this trait tend to be argumentative with those closest to them. Their marriages often involve an excessive amount of fighting. Some high-conflict spouses may even escalate conflict in the marriage to the point of abuse. Often, getting a divorce from a person who seems to thrive on conflict is a wise move. The emotional turmoil and lack of stability associated with these marriages can begin to negatively impact your mental health and your childrens’ mental health. It is important to know that divorcing a high-conflict spouse can be challenging. You will want to ensure that you are represented by an experienced attorney who understands high-conflict divorce.
What Not to Do When There is an Order of Protection Against You
Having a restraining order placed against you can be tremendously inconvenient, and often hurtful. You may be feeling angry or upset, especially if the allegations used to obtain the order are untrue or not a complete picture of what happened. Restraining orders can be levied by either the criminal or civil court. If you were arrested for an offense like stalking or domestic violence, it is likely that the court has almost automatically imposed a protection order. If you were not arrested, it is more likely that the protected party went to a civil court to have the order placed. Following the terms of the order can be difficult. If you and the protected party lived together, having a restraining order placed generally means instantaneous eviction. This can be enormously stressful, as you may or may not have a friend or family member in the area to stay with. However, it is critical that you comply with the terms of the order. Failing to do so could mean getting arrested. If you have been served with a restraining order, your top priority should be finding legal counsel.
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