Posted on June 17, 2021 in Criminal Law

If you have recently been charged with theft, you likely feel anxious and scared about your future. Whether you are dealing with a petty or felony theft charge, it can carry heavy consequences, like fines, jail time and a criminal record. It is important to consult with a Wisconsin criminal attorney about your case promptly.

How to Defend Against a Theft Charge

Just because you are facing theft charges, it does not mean you are automatically guilty, and it is possible to be acquitted or to have the charges against you dismissed. In order to have a successful outcome with your theft charge, you must have a good defense.

Here are several possible legal defenses for theft cases.

• You claim that you own the property. The most straightforward way to defend against a theft charge is to convince the jury that you had a claim to the property. If you took the property because you truly believed that it belonged to you, then you did not intend to steal, and you may be found innocent.

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 Posted on June 08, 2021 in Criminal Defense

One of the most debilitating, malignant, yet elusive social issues that plagues the United States today is domestic abuse. This form of violence occurs more often than anyone would care to admit; the National Intimate Partner and Sexual Violence Survey reported that around 1 in 4 women and 1 in 10 men reported experiencing physical violence, sexual violence and/or stalking in their lifetimes. Laws surrounding these crimes are now typically punished harshly and when possible, to the fullest extent of the law. In some cases, the officers may have no choice but to arrest the alleged suspect, due to the mandatory arrest policy for domestic violence situations.

How Domestic Arrests are Determined

Wisconsin law outlines a variety of situations in which arrests must be made after a domestic violence call has been made. If the police are called to the scene, they are required to make an arrest if they determine that a person is committing or has committed domestic abuse consistent with a crime against a family or household member, and one of the following is true:

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 Posted on May 26, 2021 in Family Law

In recent years, many states have begun to recognize the importance of the relationship between children and adults who may not necessarily be their parents. In many cases, there are other adults in many childrens’ lives who provide care and guidance. These adults might be other family members, like aunts, uncles, or grandparents, or they may even be step-parents. Under certain circumstances, these individuals -- especially grandparents -- may be able to have visitation rights granted to them when a parent withholds their child. 

When Do Visitation Rights Apply?

There are only limited situations in which a grandparent might be granted visitation with their grandchild. Parents have a right to be able to raise their children without governmental interference. The limited nature of the third-party visitation statute is intended to protect that right by establishing the presumption that a parent’s decision to deny visitation by a grandparent is in the child’s best interest. However, a grandparent may be able to be awarded visitation rights if the child’s parents are going through divorce proceedings, one or both of the child’s parents are deceased, or the child’s parents were never married.

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 Posted on May 19, 2021 in Criminal Law

Crimes of violence are taken rather seriously in the state of Wisconsin. Even crimes like battery, which is sometimes less serious than other violent crimes, are charged and prosecuted to the fullest extent of the law. Being convicted of battery can be a serious crime, especially when it is charged as a felony. Not all battery crimes are charged as felonies. In general, battery is charged as a Class A misdemeanor, which comes with a potential sentence of up to nine months in jail and up to $10,000 in fines. In many cases, battery crimes are charged as various felonies, which can vary in severity. 

“Bodily Harm” Versus “Great Bodily Harm”

One of the easiest ways your battery charge can be elevated from a misdemeanor to a felony is by the amount of damage that is inflicted upon the victim and the perpetrator’s intent. Wisconsin law states that a misdemeanor battery crime is characterized by a person causing “bodily harm.” However, if a person is found to have inflicted “substantial bodily harm,” the charge is elevated to a Class I felony with a potential sentence of up to 3.5 years in prison and up to $10,000 in fines. Likewise, a person can be charged with a Class H or Class E felony if they caused “great bodily harm” and they intended to cause some sort of harm. Class H felonies come with up to six years in prison and up to $10,000 in fines, while Class E felonies come with up to 15 years in prison with up to $50,000 in fines.

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 Posted on May 13, 2021 in Family Law

When you get married, you expect to be with that person for the rest of your life and live happily ever after. Unfortunately, that kind of fairytale love does not come around very often. In many cases, couples end up succumbing to divorce and end up having to split all of their assets that they acquired during the marriage. Wisconsin follows a rule of equal division, which means that a couple’s marital property is divided in half in most cases.  which simply means that the judge will make a decision based on the facts surrounding the case. Some of the most contested issues are those dealing with finances. If you are close to retirement age, you may be concerned with how your retirement plans will be affected. Thankfully, dividing retirement accounts in Wisconsin can be completed with little to no damages. 

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 Posted on May 05, 2021 in Criminal Law

Many people use the terms “robbery,” “burglary” and “theft,”  during conversation as if they are one and the same. However, many people may not know that there is a legal distinction between all three of those crimes. A burglary occurs when a person enters a dwelling and takes items from that dwelling. Robbery occurs when a person steals property from another person or another person’s presence by using force or threat of force. Theft includes a wider variety of actions and could apply to several different situations. If you have been charged with the crime of theft in Wisconsin, you should speak with a criminal defense attorney about your options.

What Constitutes Theft in Wisconsin?

Under the law in Wisconsin, you can be subject to a theft charge if you:

• Knowingly take, use, keep, or sell any property and you do not intend to return the property to the owner;

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 Posted on April 29, 2021 in Family Law

Many times, couples do not jump directly from being married to getting divorced. In most cases, a couple who is unhappy with their marriage will go through a period of separation before they file for divorce, even if that separation is not legally recognized. While this can be a good way for couples to determine whether or not they are actually ready for a divorce, it can also be a very important period of time for the couple’s finances. In Wisconsin, marital property is divided using “community property” theories. This means that each spouse is entitled to half of the marital estate, but that the marital estate is composed of all assets that either spouse owns, regardless of when they acquired that asset. Because there are such high stakes when it comes time to divide your property during a divorce, managing your finances prior to that is crucial. If you are currently separated from your spouse but are planning on filing for divorce, here are a few things you should keep in mind during your separation period:

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 Posted on April 23, 2021 in Criminal Law

The attitude surrounding marijuana and its use in the United States has changed drastically in the past 50 years. In just the past four months, four different states have passed laws decriminalizing cannabis, allowing for the use and possession of marijuana without fear of penalty. Many lawmakers from a couple of other states -- including Wisconsin -- are also hopeful that they can pass similar laws in the coming months. However, for the time being, marijuana is still illegal to possess, sell or grow in Wisconsin. While the severity of possession charges has lessened in some Wisconsin cities recently, the sale of marijuana still remains highly illegal and can result in serious consequences.

Cannabis Possession and Consequences for Selling

In the state of Wisconsin, laws relating to marijuana are relatively strict. Many states across the country have at least legalized the medicinal use of marijuana, but marijuana still remains fully illegal in Wisconsin. Only cannabidiol (CBD) is legal for medicinal use with a doctor’s recommendation.

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 Posted on April 15, 2021 in Family Law

One of the most important aspects of any divorce involving children is creating your parenting plan to outline certain agreements that you and your spouse have made concerning the children. In Wisconsin, once you have entered a court order detailing things such as child support and parenting time, that order is legally binding and requires cooperation from both spouses. It can be extremely frustrating when your ex does not abide by the terms of the agreement that you have. However, as a court order, there are certain steps that you can take to combat noncompliance from your ex.  

Filing a Motion to Enforce Physical Placement Orders in Wisconsin

Any parent can file a motion to have their physical placement orders enforced in Wisconsin, as long as certain conditions are met. In your motion to the court, you must state your name and show that you have been awarded periods of physical placement of your child, the name of your child’s other parent and that you have had one or more periods of physical placement denied or substantially interfered with by the other parent. Once you have filed the motion with the court, you must then serve the motion to the other parent.

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 Posted on April 09, 2021 in OWI

We can all remember the times when we were teenagers. Finally being able to drive meant finally being able to have more independence from your parents, but it also meant taking on more responsibility than ever before. Operating a vehicle while you are under the influence (OWI) of drugs or alcohol is not only highly irresponsible, but it is also highly illegal. In Wisconsin, underage offenders who are caught driving while they are intoxicated face a variety of penalties that could potentially become serious. Being charged with a crime does not necessarily mean you will be convicted of one, but a Wisconsin criminal defense lawyer can help make sure you are not.

Wisconsin’s “Not a Drop” Law

One of the most important pieces of evidence in any OWI case is the driver’s BAC or blood-alcohol concentration. For drivers who are over the age of 21, the legal BAC limit is 0.08. In most states, the legal BAC limit for drivers under the age of 21 is set at a much lower threshold and Wisconsin is no exception. Wisconsin’s underage OWI law, also known as their “Not a Drop” law, states that the legal BAC limit for those under the age of 21 is 0.00, or no amount of alcohol. 

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