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Recent Blog Posts
Three Different Types of Criminal Fraud in Wisconsin
Criminal fraud is a serious offense that can have severe legal consequences in Wisconsin. Understanding the different types of fraud can help individuals take proactive legal action if they face charges.
With years of legal experience, Bucher, Wolff & Sonderhouse, LLP provides clients with robust legal representation in criminal matters. If you are in trouble with the law and are unsure where to turn for help, trust our skilled lawyers to get the job done.
Insurance Fraud in Wisconsin
Insurance fraud involves deceiving an insurance company for financial gain. In Wisconsin, insurance fraud can take various forms, such as filing false claims, inflating damages or injuries, staging accidents, or providing false information on insurance applications. Individuals convicted of insurance fraud can face significant fines, imprisonment, and damage to their reputation.
What You Need to Know About OWI Charges in Wisconsin
Operating While Intoxicated (OWI) charges in Wisconsin are a serious legal matter that can have significant consequences. It is important, especially if you have been charged, to have a clear understanding of the laws and implications surrounding OWI charges in the state to navigate the legal process effectively. If you are facing criminal charges related to OWI, contact a lawyer to get the assistance you need.
What is an OWI in Wisconsin?
In Wisconsin, OWI is the term used for drunk driving offenses. The legal limit for blood alcohol concentration (BAC) in Wisconsin is 0.08 percent for drivers over 21 years of age. For drivers under 21, any detectable amount of alcohol in their system can lead to an OWI charge.
Do I Have to Take a Breathalyzer Test?
If you are pulled over on suspicion of OWI in Wisconsin, you are required to submit to a chemical test to determine your BAC level. Refusing to take a chemical test can result in an automatic driver’s license suspension, regardless of the outcome of the OWI charge.
The 4 Different Options for Ending Your Marriage in Wisconsin
A divorce does not have to be a long, drawn-out fight between feuding spouses. There are multiple ways to approach a divorce, and the correct approach will depend on your circumstances and what you hope to gain from dissolving your union.
There are four different types of divorce in Wisconsin and it may help you to learn about each before you decide to end things altogether. Even if you have a good understanding of the right approach for your case, a divorce attorney is a good advisor to consult when looking to file for divorce. They can offer invaluable advice on the best way to approach your situation.
Uncontested Divorce
An uncontested divorce is a more straightforward divorce than the typical event you might see on television. A couple will usually have all or most of their issues worked out before filing to dissolve their marriage. The issues in question are:
Habitual Traffic Offender Law in Wisconsin
Wisconsin instituted the Habitual Traffic Offender law to protect the public and other drivers from motorists who fail to consider the safety of others while out on the road. Motorists who demonstrate a lack of care for the safety of others, such as drunk drivers, distracted drivers, and other traffic offenses, are deemed habitual traffic offenders and could see their license revoked for a lengthy duration. To help preserve your driving privileges in the wake of being considered a habitual traffic offender, consult a criminal defense attorney experienced in such matters.
How The Habitual Traffic Offender Law Works
The Wisconsin Department of Motor Vehicles tracks all traffic violations of Wisconsin driver’s license holders whether they are committed in or out of state. Drivers who do not have a Wisconsin driver’s license but who have been convicted of traffic offenses within state lines are also kept an eye on. The qualifications for a habitual traffic offender include the following:
Who is Spousal Maintenance For?
Spousal maintenance can help one get back on track with their life after a divorce. The spouse who often receives the support is generally the one who earned less during the marriage or who has a lesser capacity to earn. An example would be a mother who gave up a career to stay home and take care of the children. Understanding how spousal maintenance is granted and why is crucial to one major issue following a divorce. An experienced divorce attorney can provide you with all the answers you need regarding such issues.
What is Spousal Maintenance?
Most often referred to as alimony, spousal maintenance is a monetary reward that one ex-spouse pays to another while the recipient undergoes job training or education in an effort to become job marketable. Maintenance can be indefinite in rare circumstances but is most often awarded for a limited time.
Understanding Wisconsin Disorderly Conduct Laws
Anyone behaving in a way that disturbs the peace can be charged with disorderly conduct and face the associated penalties. Being violent, indecent, obnoxious, or loud in a public or private place is against the law and is often easy to prove. You do not need to actually disturb anyone to receive a disorderly conduct charge but an experienced attorney can help you better understand the legalities of the situation.
Disorderly Conduct Penalties
Disorderly conduct is classified as a Class B misdemeanor charge and can see an individual punished by a maximum stay in jail of 90 days along with a $1,000 fine. These crimes do not often take much to see someone charged and are one of the most charged offenses in Wisconsin.
The Role of Speech in a Disorderly Conduct Charge
Speech alone can be, but rarely is, enough to charge someone with disorderly conduct. The speech must be specifically used with purposeful intent to cause a disturbance for it to be considered disorderly conduct.
Understanding Your Right to a Speedy Trial
Derived from the Sixth Amendment of the US Constitution, any citizen charged with a crime in Wisconsin has a constitutional and statutory right to a fair and speedy trial. This is in all criminal prosecutions, from misdemeanors to felonies. However, it does not extend to every aspect or step of your criminal case. For help with your criminal charges, do not hesitate to contact a criminal defense attorney to help safeguard your rights.
What is The Right To a Speedy Trial?
The premise for a right to a speedy trial is to not hold the accused in a state of limbo between when they are arrested and when a trial begins. This means the Constitution does not want people rotting in jail for too long while awaiting their impending trial.
Though the Constitution does not explicitly define what constitutes a speedy trial, it does provide guidelines on how your rights may be violated. A federal speedy trial may differ from a state's speedy trial, as is the case in Wisconsin. The Wisconsin Statute mandates a maximum predetermined timeframe for when a trial should take place. This includes trials for misdemeanors, which should be tried within 60 days of the initial appearance and 90 days following the demand for a trial in felony cases.
How To Modify a Wisconsin Child Support Order
Child support orders may need an adjustment if there have been significant changes to a parent’s or child’s circumstances. The non-custodial parent should speak with the custodial parent on a potential child support modification before taking any legal action. It will make the process go a lot smoother if both parents agree to the adjustments. Failure to reach an agreement will require strong reasoning for child support changes in a Wisconsin court. Consulting an attorney before filing a stipulation to change support can ensure you have a strong enough case for your modification request.
Wisconsin Child Support Modification Eligibility Requirements
Before filing a motion to modify child support in Wisconsin, a parent will need to meet certain requirements. Wisconsin has a 33-month waiting period in place for essential modifications to a child support order. However, this waiting period can be waived if there has been a substantial change in circumstances for the child, non-custodial parent, or custodial parent.
Shoplifting Can Lead to Criminal Felony Charges
Most people probably think of petty theft when shoplifting involves something like stealing a shirt from a mall outlet or a pack of gum from a convenience store. The truth of the matter is, depending on the value of what is lifted, you could face serious penalties, including up to a decade in prison. To further understand the laws surrounding shoplifting, you will want an experienced lawyer to guide you through them.
How Wisconsin Defines Theft
Types of theft can vary widely in Wisconsin. There is shoplifting, identity theft, and theft by fraud, to name a few. As far as the Wisconsin Statutes go, what constitutes theft is the taking, removing, using, hiding, or keeping another person's property without their consent with the intent to own that property permanently.
When To Get a Postnuptial Agreement in Wisconsin
So you got married but forgot to get a prenuptial agreement or simply never planned on getting one in the first place. But now you feel you need to protect the assets you have worked so hard to accumulate and wonder if it might be too late. Thankfully, postnuptial agreements do exist and are legally binding in Wisconsin, so long as what is in it is still fair should a divorce occur. Consulting a knowledgeable attorney can help you navigate the complexities of a postnuptial agreement and determine if one is suitable for your situation.
What is a Postnuptial Agreement?
A postnuptial agreement is practically a prenuptial agreement created after the marriage has begun. Couples still use them to protect their assets, such as vehicles, bank accounts, retirement accounts, homes, etc. They can be a great way to offer peace of mind to anyone hoping to keep their personal belongings after a divorce, especially in a community property state such as Wisconsin.
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