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Recent Blog Posts
When Can a Drug Charge Go Beyond Possession in Wisconsin?
A large portion of drug-related arrests and convictions in Wisconsin involve the crime of drug possession. The penalties for a first offense of possession of a controlled substance are relatively minor, typically including a fine between $1,000 and $5,000 and jail time of six months to one year, depending on the type of drug. However, under certain circumstances, an arrest for drug possession could result in more serious consequences, particularly if there is evidence of possessing the drug for something other than one’s personal use. When you are facing felony drug charges, an attorney can help you protect your rights.
What Qualifies as Possession With Intent to Distribute or Manufacture?
Unlike simple possession, the crime of possession with intent to manufacture, distribute, or deliver a controlled substance is always considered at least a Class I felony in Wisconsin, meaning that a conviction can result in a sentence of up to 42 months in prison and a fine of up to $10,000. However, the penalties can greatly increase in severity based on the schedule or type of substance and the amount possessed. The most serious crimes of this nature, involving large amounts of heroin, cocaine, or methamphetamine, are charged as Class C felonies with fines up to $100,000 and up to 40 years of imprisonment.
Recovering Compensation for a Rear-End Crash Involving Tailgating
Tailgating, or following another vehicle at an unsafe distance, has been an unfortunately common occurrence on the road for decades. Whether it is due to a driver’s inexperience, carelessness, or aggressive behavior, the results can be dangerous, especially when it is coupled with other risky actions. If you have been injured in a car accident involving tailgating, an attorney can help you recover full compensation for your injuries and damages.
The Dangers of Following Too Closely
Perhaps the most obvious risk of following another vehicle too closely is the potential for causing a rear-end collision. Cars traveling at high speeds can take several seconds and hundreds of feet to come to a complete stop even in ideal conditions, and tailgating reduces the time that a driver has to stop before a collision becomes likely. Following too closely becomes even more dangerous when combined with certain other factors, including:
Addressing Breaches of Contract in a Real Estate Purchase Agreement
When homebuyers and sellers sign a real estate purchase agreement, they enter into a legally binding contract, the terms of which both parties are expected to uphold. Many real estate transactions are completed without issue, but if you find yourself in a situation in which the other party has failed to follow through on the agreement, you may be able to pursue remedies through a lawsuit for breach of contract with the assistance of a real estate litigation attorney.
Examples of Breaches of Real Estate Purchase Contracts
Typically, the most important provisions of a real estate purchase agreement are the agreed-upon purchase price for the home and the closing date, or the date on which the transaction will be finalized. If the seller fails to complete the sale or the buyer fails to complete the purchase by the agreed-upon closing date, they may be in breach of contract. A breach of contract can also be related to other terms of the contract, such as the seller’s agreement to include certain items in the sale or provide a clear property title to the buyer.
Challenges When Dividing the Marital Home in a Wisconsin Divorce
By When a couple decides to get a divorce in Wisconsin, they will need to prepare to divide all of their marital property. For many couples, the marital home is both the most valuable and the most difficult asset to divide. As you face the challenge of dividing your home, you should be aware of your options under Wisconsin law and the potential implications of your decisions.
Concerns About Marital Home Division
In a Wisconsin divorce, all of the following can have significant implications on how a couple’s home is divided:
- Classification of marital and non-marital property. In Wisconsin, assets acquired before and during the marriage are typically considered to belong to the marital estate, and this often applies to the home in which the couple lives. However, if the home was owned by one of the spouses prior to the marriage, it could be considered non-marital property, meaning that it could be excluded from property division.
New Patient Consultation Rules for Licensed Pharmacists in Wisconsin
By As of January 1, 2021, Wisconsin’s Pharmacy Examining Board has put new rules into effect regarding patient consultations for pharmacies and pharmacists throughout the state. It is important for licensed pharmacists to take note of these new requirements and be sure to uphold them, as failing to do so can result in disciplinary action regarding a pharmacist’s professional license.
When Are Patient Consultations Required?
The intended purpose of the new regulations for patient consultations is to better ensure that a person who is prescribed a drug or device understands how to use it properly. As such, a consultation is now required when patients are prescribed a drug or device that they have not previously used or that constitutes a change in the patient’s treatment or therapy. Pharmacists must also provide a consultation in any case when it is requested by the patient, and they may choose to provide a consultation when they believe, in their own professional judgment, that it is necessary to do so. However, a patient can refuse a consultation, in which case it is no longer required.
What Are the Disclosure Requirements in a Wisconsin Home Sale?
The purchase of a home is a complex process that has a significant impact on both the buyer and the seller. As such, a successful purchase requires a certain level of transparency and trust between the two parties. When a buyer or seller does not act in good faith or fails to fulfill an obligation, major obstacles to the sale can arise, not to mention legal issues that often must be resolved through real estate litigation. One such issue that Wisconsin home buyers and sellers should be aware of is the seller’s failure to make required disclosures about the property.
What Does a Seller Need to Disclose?
In Wisconsin, once a buyer and seller agree to a purchase contract for a residential real estate property, the seller is usually required to complete a Real Estate Condition Report and provide it to the buyer within 10 days. In the report, the seller must disclose any known defects in or on the property that would have a significantly adverse impact on its value, expected lifespan, or the health and safety of its occupants. The disclosure form includes questions regarding defects in a variety of categories, including but not limited to:
Driving on Bridges Is Especially Dangerous in Winter Weather
During the winter in Wisconsin, snow and ice can make driving more difficult and dangerous on any roadway. However, bridges and overpasses are often some of the most dangerous locations. Milwaukee has recently seen a clear example of this in the form of an accident in which a driver lost control on a snowy overpass and fell more than 70 feet to the road below. Fortunately, the driver survived, and no other people were injured, but if you are injured in a car accident on an icy bridge, it is important for you to understand whether you can obtain compensation.
Why Are Bridges Dangerous in Winter?
Ice tends to accumulate quickly on bridges, overpasses, and other elevated roadways whenever there is winter precipitation, including snow, sleet, and even rain. This happens for a couple of reasons. First, these surfaces are raised away from the ground, removing them from sources of heat that can help to melt ice on roadways at ground level. Second, cold air travels across both the top and bottom of a bridge or overpass, and this can cool any moisture and cause it to freeze.
How Are Business Assets Handled in a Wisconsin Divorce?
In Wisconsin, when a couple ends their marriage through a divorce, there is a presumption that their property will be divided equally between the two spouses. You may be aware that this often includes the couple’s home, vehicles, valuable household items, and financial accounts, but it may come as a surprise that in many cases, it also includes a business owned by either spouse. Dividing business assets in a divorce comes with its own set of complications, and it is important to work with an experienced attorney who can help you protect your assets and reach a fair resolution.
When Is a Business Divided in a Divorce?
The division of property in a Wisconsin divorce includes most assets acquired by either party during the marriage, whether or not they are explicitly held in joint tenancy or co-ownership by both spouses. This means that a business that you or your spouse started or acquired while you were married is usually subject to division. However, there are a few exceptions. If the business was acquired through a gift or a situation involving another person’s death, including an inheritance, trust distribution, or acquisition by right of survivorship, then it may remain the property of the spouse who acquired it. The same is true if the business was purchased using funds acquired in one of these ways. Your attorney can help you determine whether your business may qualify as your own personal property, rather than the community property of your marriage.
Renewing an Expired Healthcare Professional License During COVID-19
By Under normal circumstances, reinstating a lapsed or expired healthcare professional license in Wisconsin can be a challenging process, with requirements often including renewal fees and late fees, and the demonstration of up-to-date education and recent work history in a position that requires the license in question. However, during the COVID-19 national health emergency, the demand for healthcare professionals has greatly increased, leading the Wisconsin government to temporarily waive some of these requirements.
While the rollout of vaccinations has offered hope that the worst of the pandemic may soon be in the past, there still remains significant work to disseminate the vaccine and care for those who are infected. If you are interested in continuing your career in healthcare and providing a vital service to your community, now is a great time to renew your professional license.
How Is Guardianship Determined During the Wisconsin Probate Process?
In Wisconsin, one important matter that often must be settled during the probate process is the legal guardianship of minor children who survive their parents. While it may be difficult or uncomfortable for parents to think about this scenario, there are things that they can do during their lifetime to make this process as smooth as possible if it does become necessary. In some cases, however, the determination of guardianship may be more complicated and must be resolved through probate litigation.
How Do Wisconsin Courts Appoint a Child’s Guardian?
In most cases, if only one of a child’s parents passes away, the other parent will remain the child’s legal guardian and maintain all parental rights. However, if both parents are deceased, and the child has not reached the age of 18 and legal adulthood, a legal guardian must be appointed in probate court.
