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Recent Blog Posts
What Are the Consequences of Boating Under the Influence in Wisconsin?
After several long months of winter weather, summer has finally arrived in Wisconsin. Even though this summer might look a little different than what we are used to, it is safe to assume that most people will attempt to continue with summertime activities, such as boating. In Wisconsin, boating is a favorite pastime for many. What some may not realize, however, is that boats fall under many of the same laws that other motor vehicles do -- especially when it comes to operating them while under the influence of drugs or alcohol. Therefore, it is important to understand the legal penalties for this type of criminal offense.
Dangers of Alcohol and Boating
Alcohol alters your perceptions of the world around you, which is why it is so dangerous to drive while under the influence. Boating is no exception. Alcohol is notorious for delaying reaction time and causing balance issues, both of which can already be exacerbated on a boat because of the vibrations and waves in the water. Drugs or alcohol can also impair your vision and depth perception, which is critical when navigating any type of watercraft.
What Are Wisconsin’s Retail Theft Laws and Their Penalties?
Shoplifting is not an uncommon crime in Wisconsin, even though the penalties for shoplifting charges can be severe in some situations. There are many different actions that could be considered shoplifting or retail theft under Wisconsin law. These could range from taking a shirt without paying for it to switching the price tags on an item. Depending on the value of the items that were taken, an alleged offender could face anywhere from a misdemeanor charge to a felony charge. Retail theft laws can be complicated, which is why an experienced criminal defense lawyer can help build a solid defense against such charges.
Types of Shoplifting
Shoplifting, which is also known as retail theft, consists of more than just stealing an item from the store. According to Wisconsin’s criminal statutes, a person is guilty of retail theft when he or she intends to permanently deprive the retailer of the value of the merchandise or product. This crime can also include the following actions:
What Happens to the Marital Home in a Wisconsin Divorce?
Everyone knows that divorce can be difficult for several reasons. For some people, the legal aspect of divorce is more difficult and stressful than the emotional impact. For others, the emotional side of divorce is the part that gives them trouble. Even things like the asset division process can be daunting, especially when dealing with things such as the marital home. For many people, their house may have significant meaning, and it may hold a special place in their hearts. Often, the marital home is the first house that the couple purchased together, and it may be where their children were raised. Deciding what to do with the marital home is only one step in the property division process, and it is not always easy. An experienced family law attorney can guide you through the proceedings and help you achieve a positive outcome.
A Simple Guide to Wisconsin Ignition Interlock Devices
Since the 1980s, the number of alcohol-related traffic fatalities in the United States has decreased dramatically, from approximately 21,000 deaths in 1982 to 10,500 deaths in 2018. Unfortunately, according to the National Highway Traffic Safety Administration (NHTSA), intoxicated driving still accounted for nearly one-third of all traffic deaths in 2018. Drunk driving laws all over the country have become more strict, with Wisconsin being no exception. In certain situations, Wisconsin requires those drivers who are charged with operating a vehicle while intoxicated (OWI) to have an ignition interlock device (IID) installed on their vehicle. It is critical to understand what is involved with an IID if you are facing OWI charges.
What Is an IID?
An IID is a small, cell phone-sized device that is electronically wired into your vehicle’s ignition system. The device requires you to provide a breath sample before you are able to start your vehicle. A portion of the device functions like a breathalyzer and determines your blood alcohol content (BAC) from your breath sample. If your BAC is more than 0.02 percent, the device will not allow your vehicle to start. Each time you provide a breath sample, the results are stored in the device’s memory, which will eventually be reviewed by the authorities for compliance. Any attempts to remove, circumvent, or tamper with the device will immediately be reported to the sheriff’s office in your county.
4 Tips for Telling Your Children You Are Getting a Divorce
As a parent, there are a lot of difficult conversations you must have with your children, such as the sex talk or informing children that a grandparent is terminally ill. However, one of the most difficult conversations you are likely to have with your kids will take place when you and your spouse decide to file for divorce. Children may react differently to the news of a divorce, depending on their age and developmental status. To help foster a positive reaction to the divorce, there are certain things you can do to make the news a little less jarring. Here are a few tips to follow when telling your children about your Wisconsin divorce:
- Tell all of your children at the same time. If you have multiple children, you and your spouse should try to tell all of them at once. Telling an older child first is unfair, because it puts the burden on him or her to either notify younger siblings or keep your secret. To avoid placing some children in a difficult position, it is better to break the news to everyone at the same time.
What Are the Penalties for Assault and Battery in Wisconsin?
Being accused of any crime is a serious matter, but being accused of a violent offense often has much more significant consequences. Violent crimes tend to carry stiffer penalties than others. In most cases, these crimes carry the possibility of many different punishments, such as jail time, fines, probation, and a permanent criminal record. If you have been accused of committing assault and/or battery in Wisconsin, it can have a lasting impact on your personal and professional life. Therefore, it is crucial to speak to a criminal defense lawyer who can help build a strong defense on your behalf.
What Is Assault?
In a general sense, an assault occurs when an individual causes another person to reasonably fear bodily harm. Physical contact does not have to be made for assault charges to apply in Wisconsin. In most cases, however, the act also involves a battery offense, which is the charge that prosecutors typically focus on.
4 Tips for Preparing Your Finances During Your Wisconsin Divorce
If you are getting a divorce, this may be one of the most stressful times in your life. The person who you were supposed to spend the rest of your life with is no longer in the picture, and your life is changing in nearly every aspect. It is not unreasonable to forget about the financial side of things while you are in the middle of the emotional roller coaster known as divorce. However, disregarding your finances beforehand can lead to significant problems after the divorce is complete. Proper financial preparation before and during your divorce is the best way to help ensure you will have a good financial standing after your divorce. Here are a few tips to help you prepare financially during your Wisconsin divorce:
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Recognize your current role in your marital finances. In many marriages, one spouse is the person responsible for maintaining the couple’s finances. This can be convenient during the marriage, but it can be a real setback during a divorce, especially for the spouse who is not as in tune with the couple’s financial situation. You should begin to educate yourself about you and your spouse’s finances so you have a basic idea of where to begin during the property division process.
Will I Receive Spousal Maintenance After My Wisconsin Divorce?
In today’s modern American families, it may not just be the husband who is the breadwinner for the family. Now, it is not uncommon for both spouses to have a job that equally provides for their family. This is why it can be so difficult for some people after a divorce. Instead of living off of two incomes, it can be an adjustment to learn how to manage with just one income. In some cases, there may be a significant inequality in how much money each spouse makes and contributes to their family. In these kinds of situations, it is not uncommon for one spouse to petition for spousal maintenance in a Wisconsin divorce.
Factors Used to Determine if Spousal Support Is Awarded
It is never guaranteed in any divorce case that there will be spousal maintenance involved. If a spouse files a petition for maintenance, then the court will conduct a hearing to determine whether maintenance should be awarded. The factors the court uses to determine this include:
What Are the Penalties for OWI When the Offender Is Under 21?
Most states have laws that make it illegal to drive under the influence (DUI) of drugs or alcohol. In Wisconsin, these laws are referred to as operating while intoxicated (OWI). These laws tend to be broadly defined, and they apply to a number of drunk driving behaviors. In Wisconsin, you can be charged with OWI if you have a BAC of 0.08 percent or more; are intoxicated and unable to safely drive; or have any detectable amount of a controlled substance in your body. If a person is under the age of 21 when he or she is convicted of OWI, he or she can face an additional set of criminal consequences in conjunction with regular OWI penalties. That is why it is essential to seek professional legal counsel to make sure your rights are protected throughout the proceedings.
Wisconsin’s “Not a Drop” Law
When Does Theft Become a Felony Charge in Wisconsin?
Some of the most common crimes committed by juveniles and adults alike are theft crimes. These crimes involve the unlawful taking of property, which can become serious rather quickly. In the state of Wisconsin, theft crimes can be charged as either a misdemeanor crime or felony crime, depending on a variety of circumstances. Typically, the more the stolen property is worth, the harsher the consequences. However, there are a few circumstances in which theft is considered a felony, despite the value of the items. If you have been charged with a theft crime, your best bet for a favorable outcome is to hire an experienced criminal defense attorney.
What Constitutes Theft in Wisconsin?
While the basic definition of theft is taking something that does not belong to you, there are certain specific situations that Wisconsin law considers to be theft. According to Wisconsin legal statutes, theft occurs when a person:
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