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Recent Blog Posts
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.
How May a Wisconsin Corporation Make Changes to its Bylaws?
Corporate bylaws govern a Wisconsin corporation’s internal operations. They are generally drafted by an attorney before a company’s initial incorporation. While a company’s articles of incorporation are filed with the Wisconsin Department of Financial Institutions (FDI), the bylaws are an internal legal document governing important aspects of how the company is run and are not filed with the FDI. Although Wisconsin business law does not require bylaws, they contain important company policies and can prevent conflict and litigation by laying out a corporation’s ground rules. However, sometimes in the course of business, a company’s needs will change and necessitate the assistance of a Wisconsin business attorney to amend the bylaws.
What Types of Business Changes May Require Amending Wisconsin Corporate Bylaws?
Wisconsin corporate bylaws include information on how a corporation governs itself, including details about meetings, corporate stock, shareholders, directors and officers, and records. The types of bylaw amendments that a corporation may make will vary depending on the terms of the original bylaws. For example, bylaws should contain information on officers’ authorities, duties, compensation, and terms. Changes in an officer’s duties may also necessitate amending the bylaws, repealing bylaws, or adopting new bylaws.
Can Nurses Lose Their License For Coming to Work Drunk? | WI
A nurse can lose his license for being drunk or under the influence of drugs while on the job. Nursing boards take substance use at work very seriously because it jeopardizes patient safety and undermines the integrity of the profession. Coming to work impaired is seen as a violation of the nurse’s duty to provide safe and competent care, and it can lead to serious disciplinary actions, including suspension or revocation of the nurse’s license.
If you are a nurse facing allegations of working while intoxicated, you need to understand the consequences you may face and get legal assistance from a Milwaukee, WI nursing license defense lawyer as soon as possible.
What Consequences Could a Nurse Face for Coming to Work Drunk?
Nurses who come to work under the influence of alcohol or drugs can face a wide range of consequences, depending on the severity of the situation and whether there have been previous offenses. Common penalties include license suspension, mandatory enrollment in a substance abuse treatment program, fines, and probation.
