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Recent Blog Posts
What Are the Consequences for Property Crimes in Wisconsin?
Numerous actions may cause a person to be arrested and charged with a criminal offense, and the penalties they may face will depend on the specific laws they are accused of violating and the harm that was done to their alleged victims. While there are many different ways to categorize criminal offenses, many crimes can be divided into two broad groups: crimes against persons and crimes against property. The latter are some of the most commonly committed offenses, and even though they may seem less serious, since they may not result in physical harm to a person, a conviction can still lead to significant penalties. Those who have been accused of property crimes will need to understand how the laws address their specific situation, as well as the potential defenses that may be available.
Wisconsin Property Crimes
Crimes against property may involve damage to someone’s property, illegally entering property such as a building, or misappropriation of money or property belonging to someone else. These charges include:
What Types of Injuries Can Affect Motorcycle Accident Victims?
While motor vehicle collisions of all types can be serious, motorcycle accidents are especially likely to result in severe injuries. Motorcyclists have little in the way of protection, and they can suffer severe bodily harm if they are struck by a car or truck, thrown from their motorcycle, or make contact with the ground or other obstacles. Most motorcyclists recognize this danger, and they make every effort to protect themselves, including by wearing the proper protective gear, obeying traffic laws, and being vigilant for unexpected movements made by other vehicles.
Unfortunately, it is impossible to prepare for every eventuality, and there are many situations where drivers act negligently, fail to share the road safely with motorcycles, and cause serious accidents. Motorcyclists who have been injured because of these actions may be able to take legal action and pursue compensation from negligent drivers who caused them any harm or injuries.
What Are the Options for Adoption for LGBTQ Couples?
By: Same-sex couples and those who are in the LGBTQ community have the same rights as opposite-sex couples. These include the right to get married, to end a marriage through divorce, or to grow their family by having children. In many cases, these couples will look to adopt children, and when planning to do so, they will need to understand their options and the procedures that will need to be followed.
Types of Adoption for Same-Sex Couples
The adoption process allows someone other than a biological parent to become a child’s legal parent. Same-sex spouses and other LGBTQ families may have multiple options for adopting a child, including:
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Public adoption - There are a large number of children in Wisconsin’s foster care system who need stable homes where they can grow up in a safe, loving environment. Same-sex couples may receive training to become certified as foster parents, and after welcoming a child into their home, they may take steps to become the child’s legal parents. These types of adoptions will generally be possible if a child cannot be reunited with their birth parents, and before a child can be adopted, the parental rights of the biological parents will need to be terminated. The assistance of an attorney during this process can be crucial, and same-sex parents can take steps to address any complications that may affect their ability to complete an adoption while also making sure the rights and interests of the child will be protected.
Is an Ignition Interlock Device Required Following a Wisconsin OWI?
Being arrested for drunk driving can cause a number of difficulties in a person’s life. A conviction for charges of operating while intoxicated (OWI) can result in a number of penalties, including large fines and potential jail time. However, one other issue that can play a significant role in these cases is the loss of driving privileges. An OWI conviction will typically result in a driver’s license suspension, and in some cases, after a person regains their driving privileges, they may be required to use an ignition interlock device (IID) on any vehicles they drive.
An IID is a breathalyzer device that is installed in a vehicle. A driver will be required to provide a breath sample before driving, and the vehicle will not start if their blood alcohol content (BAC) is above .02 percent. Depending on the circumstances of an OWI charge, an IID may be required, or a person may obtain an occupational driver’s license that will allow them to drive with an IID during a period of suspension.
Wisconsin Laws Meant to Protect Against Bicycle Accidents
After a long, cold winter, many Wisconsin residents who enjoy riding bicycles are happy to be able to hit the road as the weather warms up during the spring and summer. Riding a bike on the open road can be an exhilarating experience, and it can provide great exercise while serving as an efficient method of transportation. Unfortunately, it can also be dangerous. While bicyclists take many measures to stay safe, including by wearing helmets and other safety equipment, making sure their bikes are well-maintained, and following the rules of the road, they may be placed at risk of serious harm through no fault of their own. When sharing the roads with motor vehicles, bicyclists can be seriously affected by the negligent or aggressive actions of drivers, and these actions may lead to severe or fatal bicycle accidents.
Violations That May Lead to Bike Accidents
To protect the safety of bicyclists and ensure that everyone can share the road, the state of Wisconsin has implemented a number of laws that drivers of motor vehicles are required to follow. These include:
How Are Professional Practices Addressed During a Couple’s Divorce?
By: A couple that plans to get a divorce will need to address multiple types of assets during the property division process. While the division of some types of property may be fairly straightforward, determining to handle complex assets can often be a complicated process. This is especially true in cases where a couple owns a professional practice. After putting in so much time and effort to become a licensed professional and establish a practice, a person may be concerned about how their divorce will affect the ownership and operation of this type of business. If both spouses were involved in managing and operating a practice, they may be unsure about how to proceed during and after the end of their marriage. Since issues related to professional practices can become very complicated, a spouse can protect their rights and interests by working with an experienced divorce attorney.
Wisconsin Claims Board Rules in Favor of Man Who Was Wrongfully Convicted and Imprisoned for Decades
By Jaclyn Kallie, Nicole Masnica, and Ray Dall’Osto
The criminal justice system is meant to provide everyone who is accused of a crime with the opportunity for a fair trial, and not to convict the innocent. Unfortunately, this does not always happen, and far too many criminal defense cases are over-charged and a significant number result in wrongful convictions. In recognition of this, the State of Wisconsin allows those who have been wrongfully convicted to pursue compensation for the ways their lives have been affected by serving prison sentences for crimes that they did not commit. The lawyers at Gimbel, Reilly, Guerin & Brown, LLP, LLP recently helped one of our clients, who was wrongfully convicted, secure a significant award recommendation from the Wisconsin State Claims Board, which is significantly greater than the statutory maximum currently allowed.
What Are the Most Common Causes of Rollover Accidents?
Motor vehicle accidents come in many different forms. They may involve one car or multiple vehicles, they may take place at high or low speeds, and they may be caused by multiple factors. Rollover accidents can be some of the most dangerous collisions, and when a vehicle turns over onto its side or roof, the driver or passengers can suffer multiple types of serious injuries. By understanding the reasons why these accidents occur, victims can determine who was responsible, and they may be able to pursue financial compensation for their injuries and damages.
Reasons Why Rollover Crashes Occur
A car, truck, or other vehicle may turn over because of:
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Driver error - Many single-vehicle rollover accidents take place because a driver failed to drive safely. For example, if a driver is traveling much higher than the speed limit, their vehicle may roll over when they attempt to make a tight turn. Drivers may also lose control due to factors such as distracted driving, causing them to strike guardrails or other objects that cause their vehicle to turn over. In addition to causing injuries for the driver, these accidents may result in harm to passengers, or a vehicle may strike other cars, pedestrians, or bicyclists after rolling over.
Is a Restraining Order Required After a Domestic Violence Arrest?
There are multiple different types of situations where a person may be accused of committing domestic abuse. These incidents are taken very seriously by law enforcement. If police officers are called to respond to domestic disputes or other situations where the safety of family members may be at risk, they may choose to arrest a person who is believed to have engaged in domestic violence. Those who are accused of committing these types of sensitive crimes may face criminal charges for battery or similar offenses. However, they will also need to understand when they may be subject to restraining orders or other limitations that will affect their lives and their relationships with their family members.
Arrests in Domestic Abuse Cases
While police officers in Wisconsin are not required to arrest a person after responding to a domestic violence incident, there are certain circumstances where officers may determine that an arrest is necessary. Generally, if an officer has a valid reason to believe that a person has violated the law by engaging in domestic abuse, they are required to perform an arrest if they reasonably believe that continued abuse is likely, if there is evidence that an alleged victim has suffered a physical injury, or if the alleged abuser is the primary aggressor in a domestic argument or disagreement.
What Do Divorcing Parents Need to Include in a Parenting Plan?
There are a variety of issues that will need to be addressed during a couple’s divorce, and in cases where married spouses have children together, they will need to determine how child custody will be handled going forward. Couples are encouraged to work together to reach agreements on these matters, but they may encounter disagreements over a variety of issues related to how their children will be raised or how they will share physical placement. In these situations, each parent may submit a proposed parenting plan. By looking at the differences between the parents’ proposals, a court may be able to help resolve disputes and find solutions that will work for all parties involved. In these situations, parents will need to understand the issues that a proposed parenting plan will address.
Details Addressed in a Proposed Parenting Plan
If a couple will be participating in divorce mediation, each party will be required to submit a proposed parenting plan to the mediator at least 10 days before their first mediation session. If spouses are unable to reach an agreement through mediation, or if the court waives their mediation requirements, the parents will be required to submit proposed parenting plans to the court. These submissions must be made within 60 days after the mediator informs the court that the couple could not reach an agreement or after the date the mediation requirement was waived. If a parent does not submit a proposed plan, they will not be able to contest the plan submitted by the other parent.
