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Recent Blog Posts
Are Accusations of Domestic Battery Public?
If you have been accused of domestic battery, you may be concerned not only about the serious criminal penalties you may face, but also about the potential implications for your life and career if the accusations become public. The potential personal, reputational, and financial consequences of a domestic battery charge becoming public information are significant, especially if the accusations are false. That is why it is important to understand the complexities of this sensitive subject and how our experienced team of high-powered Milwaukee attorneys can defend you if you are facing a domestic battery charge.
Domestic Battery Charges and Penalties
Domestic battery is a type of domestic violence crime in Wisconsin. Domestic battery can be charged when a person commits physical violence or the threat of harm against (1) a spouse or former spouse, (2) an adult with whom the accused resides, or (3) a co-parent.
Six Unique Expenses in a High Net-Worth Divorce
Divorce can be a stressful process, but when high-value assets are at stake, it can be that much more complicated and expensive. For one, the assets involved in a high-net-worth divorce are worth a great deal of money. They can also be unique, encompassing anything from classic cars to intellectual property, to more traditional assets like real estate.
For another, high net-worth divorces can sometimes bring up privacy considerations due to the parties’ high profile. Given the complexity and cost of high-asset divorces, it is recommended to seek sound legal advice from a professional Wisconsin divorce attorney who can review some of the unique expenses associated with high-net-worth divorces.
Asset Valuation and Division
If the old adage "more money, more problems" is applicable to any situation, it is to high net-worth divorces. Specifically, the number, uniqueness, and value of assets in these types of divorces can make the process of evaluating them more involved and costly. The same goes for determining how these expensive assets should be divided; getting both spouses to agree to a property division settlement or persuading a court to divide the assets in a certain way can be a time-consuming and emotionally taxing process.
The Impact of Vehicular Homicide Convictions on Civil Liability
In Wisconsin, if you have been convicted of the crime of vehicular homicide, your liability may not end with the conviction. You may also face a separate civil lawsuit related to the conduct that led to the vehicular homicide conviction. This civil "personal injury" lawsuit may be brought to recover damages if you were convicted for the crime. A Wisconsin personal injury defense attorney can represent you if you are facing a civil lawsuit related to your vehicular homicide conviction.
What Is Vehicular Homicide in Wisconsin Criminal Law?
Under Wisconsin criminal law, vehicular homicide occurs when a driver causes someone’s death while operating a motor vehicle. A driver may be convicted of vehicular homicide by negligent operation of a vehicle law when they "cause the death of another human being by the negligent operation or handling of a vehicle," or for vehicular homicide caused by driving under the influence of drugs or alcohol.
Burden of Proof: The Meaning of Innocent until Proven Guilty
The idea that a criminal defendant is "innocent until proven guilty" has been drilled into the American public for decades. The phrase appears in virtually any movie or TV show about the criminal justice system. However, this phrase is more than just a platitude or lip service to the rights of the accused. It has actual legal weight and is vitally important for the outcome of a criminal trial. At its heart, "innocent until proven guilty" is an indication of which side – the prosecution – has the burden of proof in a trial. An experienced criminal law attorney can advise you on the burden of proof in your case if you have’ve been charged with a crime.
Burden of Proof, Explained
The burden of proof is a legal term for determining which side has to prove his or her case is correct. Innocent until proven guilty means that the prosecution is the side that has to bear the burden of proof. The prosecution must put forward affirmative evidence that shows the court that the defendant is guilty in order to have the defendant convicted. The lack of evidence absolving the defendant of guilt is not enough.
Protecting Your Privacy During High Asset Divorce
Making the decision to separate from your spouse can be a difficult process. Once you do make the decision, it will be helpful to think about how best to handle the separation and divorce proceedings. There are many factors to take into account, but one often overlooked but important issue is preserving your privacy during this stressful and challenging time–both potentially from your spouse and from third parties.
By protecting your privacy you can stop others from misusing your private information in court, keep your financial accounts private, lower your risk of fraud, and ensure that your private communications stay out of interested parties who could use them against you. This is especially the case for high net-worth divorces, as we discuss below. It is also vital to ensure your privacy is protected when children are involved, to protect their privacy and interests. That is why it is important to speak to an attorney who can protect your privacy in a high-asset divorce.
Common White Collar Crimes and What to Do If You Are Being Investigated
By Attorneys Jason Luczak and Nicole Masnica
White collar crimes are nonviolent crimes that usually involve financial losses and fraud. The term "white collar" refers to the white collars of button-down business shirts, because these types of crimes are often perpetrated in a commercial or business context. White collar crimes are sometimes high-profile cases involving known business and financial figures and public officials, who are accused of misappropriation of funds, deceiving or concealing information for monetary gain and other misconduct.
Although they are not violent offenses, white collar crimes can cause significant loss and carry serious consequences, including significant financial penalties, prison and jail time, whether the crimes stem from federal or Wisconsin law. At the same time, defendants in white collar cases also sometimes find themselves faced with parallel civil lawsuits seeking monetary compensation for the same alleged wrongdoing. A more definitive list of federal white collar crimes and statistics compiled by the Federal Bureau of Investigation (FBI) can be found here.
How is Vehicular Homicide Prosecuted in Wisconsin?
In the event of a tragic accident involving someone’s death, there is a possibility, depending on the circumstances, that the driver may face a charge of vehicular homicide. In Wisconsin, this charge can arise in a situation where the driver caused either the death of another human being or unborn child while operating or handling a motor vehicle. A driver who faces charges of vehicular homicide should hire an experienced Wisconsin criminal defense attorney to fight these allegations, which carry serious penalties under the law.
Types of Vehicular Homicide
How a vehicular homicide charge is prosecuted in Wisconsin will depend on the facts of the incident. There are different crimes relating to a death caused by a car accident, including:
When May Child Support Payment Obligations End in Wisconsin?
As part of a divorce, legal separation, or paternity proceeding involving children, the court will determine the amount of child support a parent owes. Generally, after a court has entered an order for child support, the party paying child support must continue doing so according to the terms of the order or may be subject to criminal proceedings.
However, there are several instances where a legal right to terminate child support payments may arise. It is important to note that any termination of child support payment obligations is going to require filing legal proceedings with the help of an experienced and knowledgeable Wisconsin child support attorney.
Who Pays Child Support in Wisconsin?
The parent who has primary custody typically, though not always, receives child support in Wisconsin. This is based on the idea that the parent who has primary custody of the child is supporting the child financially as part of the household. However, both parents have a legal obligation to financially support their child, and the income of both parents, as well as the time each child spends at each parent’s house, will affect the amount of support payments.
Legal Separation Versus Divorce in Wisconsin
Wisconsin offers two legal options to end your relationship with your spouse: legal separation or divorce. Both methods provide a legal means to deal with custody, the financial relationship between the parties, and child support. However, couples who choose to go through a legal separation remain married. There are some important differences between legal separation and divorce. An experienced Wisconsin divorce lawyer can help you decide the better route to take as you decide whether to make the difficult decision to end your relationship.
What is Legal Separation?
Legal separation is a specific legal process that is different from divorce. Being legally separated is not the same as simply living apart. Although legally separated spouses will go through a legal process, they will not be divorced. In both cases, a family court will decide about property, income, child custody, and other issues by applying the same legal standards.
Can You Sue a Police Officer for Using Excessive Force?
Most people know that when you get injured in a car accident that is caused by someone else’s negligence, you can pursue compensation from the responsible person or an insurance company. Likewise, if someone breaks into your house, kills your spouse, and steals your property, you can pursue a claim against that person in civil court for the losses you experience.
But those are examples involving private citizens. What happens if someone is injured or has their civil rights violated by a government official, especially when that official is acting in the capacity of their role as a government agent? What happens, for example, if a police officer illegally profiles someone and uses that illegal profiling to wrongly search, arrest, and use excessive force on that person, causing injuries and trauma?
There are laws protecting civilians from civil rights violations. However, cases involving civil litigation against government officials are more complicated and subject to stricter regulations than personal injury actions against private citizens. If you think your civil rights have been violated by a government employee, talk to a Milwaukee, WI Section 1983 attorney right away.
