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Recent Blog Posts
How Do Wisconsin’s Self-Defense Laws Apply to Deadly Force?
By Recent events in Kenosha have raised questions about Wisconsin’s laws regarding the use of a firearm in self-defense. While we make no judgments regarding any ongoing cases, it is important for all Wisconsin residents to understand their rights to self-defense according to state law, especially if they find themselves under attack or facing criminal charges. Cases involving self-defense can be complicated, and if you are facing charges, your best option to avoid a conviction is to hire an experienced criminal defense attorney who can develop a strategy based on a thorough understanding of the law.
When Is Self-Defense Legally Justified in Wisconsin?
Wisconsin law allows you to threaten or use force against another person when you reasonably believe that they intend to do you harm or illegally interfere with your person. However, you are authorized to use only the force necessary to prevent the harm or interference from occurring. This means that you may only use deadly force in self-defense if you reasonably believe that it is necessary to prevent someone from killing or doing great bodily harm to you. You are also permitted to use force to defend a third party if your intervention is necessary to protect him or her from harm.
Tips For Preventing Boating Accident Injuries in Wisconsin
Summer in Wisconsin is a popular time for boating on Lake Michigan, the many lakes in Waukesha County, and other bodies of water in the area, especially during a year when many people are turning to outdoor activities. Just remember that when you go out on the water, there are things that you, your family, and your friends can do to stay safe and avoid being injured in a boating accident or causing one yourself.
How to Stay Safe While Boating in Wisconsin
Boating safely is not difficult as long as you follow a few basic guidelines. Some of the best ways to promote and ensure safety while on the water include:
- Wear a life jacket. Most fatalities in boating accidents are due to drowning, and even if you are an experienced swimmer, you could find yourself incapacitated to the point where you are unable to stay afloat on your own. Make sure you always wear a life jacket while boating and that you have enough life preservers on board for all passengers.
When Can First-Time OWI Offenders Face Additional Penalties?
In Wisconsin, drunk driving is a factor in almost 3,000 injuries and 170 fatalities each year, and operating while intoxicated (OWI) is a criminal offense that can often result in serious consequences. If you are arrested under suspicion of driving while impaired by drugs or alcohol and have no prior record, you may be fortunate to avoid some of the more severe criminal penalties that apply for repeat offenders. Under certain circumstances, however, you may face the possibility of a criminal conviction, which can result in jail time, probation, and substantial fines that well exceed those typically associated with a first-time drunk driving offense.
Aggravating Factors in a First-Time OWI Arrest
In most cases, a first conviction for an OWI offense in Wisconsin results in a fine between $150 and $300, plus costs, and the revocation of the offender’s driver’s license for six to nine months. However, several additional factors can result in greater penalties, including:
When Health Care Workers Are Arrested: Health, Criminal, and Employment Law Issues
By It is a situation that can happen: a licensed health care professional is arrested for a first-offense operating while intoxicated (OWI), and they immediately hire a criminal defense attorney.
A first-offense OWI is not a criminal offense in Wisconsin, but rather a traffic violation. Depending on the county, the case may not even show up in CCAP (the Wisconsin Circuit Court Access Program).
The health care professional wants to resolve the case quickly, so they stipulate to a guilty plea. The client may not even have to show up to court, because this can all be done electronically or via fax – an ideal resolution for a busy health care professional.
How Can Unmarried Fathers Establish Paternity in Wisconsin?
By Establishing legal paternity is often a goal for unmarried mothers who want to ensure that their child’s father contributes to the child’s financial needs and well-being, but it can be just as important for unmarried fathers who want to secure the rights to be a part of their child’s life. If you are an unmarried father seeking legal paternity, a family law attorney can guide you through the process.
What Are the Benefits of Establishing Paternity?
Establishing legal paternity is often crucial for children because it allows them to receive support from both parents in the form of child support payments, health insurance coverage, access to family medical history, Social Security benefits, inheritances, and more. For fathers, legal paternity means they can pursue custody and visitation, contribute to parenting plan agreements, and be notified if a child’s mother wishes to place him or her for adoption.
What Are the Consequences for Underage DUI in Wisconsin?
According to the Center for Disease Control, alcohol contributes to the deaths of over 4,000 people below the age of 21 every year, with more than 1,500 of those involving car accidents. To promote the safety of young people, Wisconsin law specifies the consequences for a variety of underage drinking offenses, including driving and drinking. If you have been arrested for underage DUI, you need an attorney who can help you understand your rights and ensure that you are treated fairly.
Penalties Under Wisconsin’s “Not a Drop” Law
Underage drivers are subject to more stringent restrictions than drivers over the age of 21 because of Wisconsin’s absolute sobriety, or “Not a Drop,” policy. If you are underage, you may be arrested if you are found to have a blood alcohol concentration (BAC) of 0.00 to 0.08, a range that is within the legal limit for drivers of a legal drinking age.
What Should I Do After a Truck Accident Caused by Loose Cargo?
According to the Wisconsin Department of Transportation, large trucks are involved in more than 7,000 accidents, 2,000 injuries, and 70 fatalities throughout the state each year. Semi-truck accidents are particularly dangerous because of the size and weight of the vehicles, and in most cases, the occupants of other vehicles bear the brunt of the impact. These accidents happen for a variety of reasons, but one that can be challenging for an injured person to deal with is loose or unsecured cargo. If you have been injured in a truck accident, an attorney can help you determine who was responsible and seek compensation.
How Unsecured Cargo Can Cause an Accident
In order for a truck driver to safely operate their vehicle, the weight of the cargo must be properly distributed across all axles. If the cargo has been improperly loaded, or if it shifts in transit because it was not fully secured, the driver may lose traction or control and collide with other vehicles. In some cases, the movement of heavy cargo can even cause the truck to topple and cause a rollover accident. In others, loose cargo can fall off the truck entirely and into the roadway, landing on other vehicles or in their paths, giving drivers no time to avoid it.
New Lawsuit Seeking to Overturn Mask Order Is Totally Misguided
By Wisconsin once again is facing a misguided attempt to stop practical and essential public health measures and overturn orders issued by Governor Evers and his administration to help Wisconsin get through the unprecedented COVID-19 pandemic. Unfortunately, our state supreme court (unlike courts in almost every other state) did just that by a 4-3 majority earlier this Spring. Now, a conservative law group has filed a suit seeking to overturn the Governor’s mask order.
Will Stay-At-Home Parents Receive Spousal Maintenance After a Divorce?
By If you are a parent who is getting divorced, your first concern will likely be for your children, particularly ensuring that their financial needs will continue to be fulfilled. The good news is that Wisconsin requires both parents to contribute to child support after a divorce, and there are processes in place to enforce payment.. However, if you have been a stay-at-home parent for a significant portion of your marriage, causing you to rely on the income of your spouse, you may have additional concerns as to how you will meet your own financial needs. Spousal maintenance, or alimony, is not always awarded in a Wisconsin divorce, but with the help of an attorney, you can make a strong case for receiving the financial support you need during your divorce negotiations.
Do I Have a Case for Appealing My Criminal Sentence?
A conviction for a criminal offense does not have to mean the end of your pursuit of justice, especially if you believe that the court erred in your conviction or sentence. You have the right to challenge your conviction with the Wisconsin Court of Appeals, but before you do you should make sure that you have legitimate grounds for the possible modification or reversal of your sentence. An experienced appellate attorney can advise you as to whether you should pursue an appeal and guide you through the appropriate procedures.
Grounds for Appealing a Criminal Conviction in Wisconsin
While there are certain exceptions, the court of appeals will usually only review your case if you file a notice of intent to pursue post-conviction relief no later than 20 days after your sentencing hearing. Specifically, you may have grounds to appeal due to:
- Improper selection of the jury. You may pursue an appeal if you believe the court failed to remove jurors who had a conflict of interest or exhibited bias against you, or that a juror was improperly influenced during the trial.
