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Recent Blog Posts
What Restrictions Apply to Registered Sex Offenders in Wisconsin?
By: All criminal charges should be taken seriously, since a conviction can result in multiple types of penalties, including prison sentences, probation, fines, or the loss of a professional license. Accusations involving sex crimes can be especially worrisome, since, in addition to other criminal penalties, a person who is convicted may be required to register as a sex offender. This can impact multiple parts of a person’s life and cause permanent damage to their reputation, their ability to find a job, and their relationships with family members, friends, and others in their community.
Requirements and Restrictions for People on the Sex Offender Registry
Generally, anyone who is convicted of a sexual offense will be required to register as a sex offender. This requirement will also apply to minors who are adjudicated delinquent based on sexual offenses, those who were found not guilty of sexual offenses based on mental illnesses, and residents of Wisconsin who were convicted of sex crimes in other states or jurisdictions.
Does Marsy's Law Interfere With Defendant's Rights?
Marsy’s Law is an initiative meant to protect crime victims' rights. This is a national proposal that has already been adopted in a handful of states, including Ohio. It has also been rejected in others, including Idaho and Maine. However, some legal scholars are concerned about the impact Marsy’s Law could have on the constitutional rights of criminal defendants.
What Does Marsy’s Law Provide?
Some provisions in Marsy’s Law are a bit vague. In general, the law is designed to protect victims who have reported a crime against them as they participate in the criminal justice process. Provisions include:
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Victims have the right to be treated with “dignity, respect, courtesy, sensitivity, and fairness.”
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Victims’ rights can be legally enforced the same way that defendants' rights can be enforced.
What Are My Options Following a Car Accident With an Uninsured Driver?
Those who are involved in car accidents are likely to experience a number of different types of difficulties. In high-speed collisions or other serious cases, emergency medical treatment may be needed, and a victim may receive multiple forms of ongoing care. Even in seemingly minor collisions, a person’s vehicle is likely to be damaged, requiring expensive repairs. In many cases, car accident victims will be covered by the insurance policy of the driver who was at fault for the collision. However, if a driver did not have the required insurance coverage, this may leave victims unsure about their options and uncertain about how they will address their financial expenses and other ways they have been affected.
Uninsured and Underinsured Motorist Coverage
In situations where an at-fault driver is uninsured, others involved in an accident will usually be able to receive coverage under their own auto insurance policy. Wisconsin law requires liability insurance policies to include uninsured motorist coverage. The minimum limits for this coverage are the same as the minimum limits for liability insurance: $25,000 for the bodily injury or death per person, $50,000 for the bodily injury or death per accident, and $1,000 of medical payments coverage per person.
Phone and Email Scams to Watch Out for During Tax Season
During the first few months of each year, as April 15th looms, many people are concerned about the requirements for filing their annual federal and state income tax returns. The tax filing process can be stressful, and many taxpayers may be worried about whether they will owe taxes or whether they may face penalties if they provide the wrong information to the Internal Revenue Service (IRS). Unfortunately, this provides scammers with the opportunity to target people and attempt to steal their money or personal information. Those who have been affected by these types of scams can consult with an attorney who understands legal issues related to cybersecurity.
Common Tax-Related Scams
Scammers may use a number of different methods of contacting people, convincing them that they owe money, or asking them to disclose personal information that may be used to commit identity theft. These methods include:
Knowing the Difference Between Marital and Separate Property
By: Wisconsin is a community property state, meaning that most property acquired by a married couple belongs equally to both. During a divorce, marital property is to be divided equally. This usually means 50/50, although there are a few reasons the court might deviate from this standard. One of the first steps of property division during divorce is sorting through all property owned by the spouses in order to determine what is marital property and what is separate property. Certain types of property acquired during the marriage by one spouse could be considered separate property. Conversely, some property owned by one spouse alone before the marriage could be considered marital property and subject to division during divorce.
Making this determination can be complicated. You will likely need to enlist an attorney to help you sort this out if you are going through a divorce.
Top 6 Crimes People Get Arrested For in Milwaukee
By: Watching the local news may lead you to believe that people are constantly being caught and arrested for very serious crimes, like violent felonies and even murder. However, this is not quite true. The most common offenses that people get arrested for may surprise you. While we like to think that jails exist to keep dangerous offenders out of the community where they cannot hurt anyone, the local jails are typically filled with non-violent offenders.
If you have already been arrested, you need not feel alone. Hundreds of people are arrested every day in Wisconsin. If this is the situation you are in, a qualified defense attorney may be able to help minimize the impact your arrest will have on your life.
What Are the Most Common Reasons People Get Arrested?
What You Need to Know About Non-Compete Contracts in Wisconsin
Being asked to sign a non-compete contract when you start a job may seem like standard procedure, or it could be a big risk for you, depending on your location and what line of work you are in. Non-competes may include any number of restrictions related to what type of work you can do, where, and when. While generally enforceable, in some cases these agreements may not be enforceable in whole or in part. If you feel that your non-compete clause is truly hindering your career progress and opportunities, it may be worth consulting an attorney for an evaluation. The agreement you signed may not be as ironclad as you may think.
When is a Non-Compete Clause Unenforceable in Wisconsin?
In determining whether non-compete clauses are enforceable, Wisconsin law attempts to balance the freedom to move within the labor market with the protections companies seek to obtain with these agreements. If every company was allowed to require every employee to sign a non-compete as a condition of employment, it would be quite difficult for the labor market to function. Changing jobs could become quite difficult if this were the case. Therefore, to be enforceable the terms of a non-compete clause must be reasonable and allow an employee to obtain employment, albeit with restrictions. A few things you should know about non-compete clauses include:
The Blurred Line Between Trespass and Burglary
By: Even the more serious forms of criminal trespassing are generally charged as a misdemeanor, carrying no more than a year in jail at the worst. Burglary, however, is at minimum a Class F felony, punishable by up to 12 years and six months in prison. The punishments for these offenses are wildly different, but these Wisconsin offenses themselves can be strikingly similar. The line between trespass and burglary is less clear than most people realize. Both involve entering or remaining in another’s property without consent. The difference may hinge on what the state thinks you were planning to do in there. If you are facing either charge, it is important to seek out a skilled defense attorney who can fight to minimize the legal jeopardy you are in
What is the Difference Between Criminal Trespass and Burglary?
Avoiding Social Security Scams in Wisconsin
By: Scams are growing more and more sophisticated with each passing year. Avoiding scams can be difficult, due to both how common they are and how convincing they can appear to be. The elderly are perhaps the most common targets for Social Security and Medicare scams, although people of all ages can and do fall victim to scam artists. The Federal Trade Commission (FTC) reports that victims lost millions of dollars to social security scams in 2018 alone, and that number is only increasing. Keeping yourself, your family and your elderly or more vulnerable loved ones up to date and educated about current common scams is one of the best ways to stop these predatory criminals from victimizing more individuals. Read the governmental agency links on how best to avoid scams. Contact a lawyer knowledgeable about consumer protection laws for help if you or a loved one were the victim of a scam or identity theft.
COVID Scams to Watch Out For
The pandemic has brought out the best in a lot of people. Communities have banded together to help each other out and look out for the most vulnerable. Sadly, there are those who have taken advantage of the pandemic by inventing creative new scams. Many of these scams are designed to take advantage of more vulnerable people, especially the elderly. Spotting scams can be tricky. Scammers are often adept at creating a sense of panic, forcing victims to act quickly before they have a chance to fully evaluate and think through the situation. People who are already aware of these new scams and techniques stand a better chance of avoiding falling prey to them.
If you already have been a victim, do not be too embarrassed. Scam artists are good at what they do and it happens to a lot of people. If you were harmed by a COVID scam, a lawyer may be able to assist you.
