WE RESPOND TO YOUR NEEDS 414-271-1440
Recent Blog Posts
What Can Cause OWI to Be Charged as a Felony in Wisconsin?
Drunk driving is a serious matter in Wisconsin. According to the Wisconsin Department of Transportation, more than 20,000 people are arrested for Operating While Intoxicated (OWI) in Wisconsin every year, and hundreds of these offenders are under the age of 18. If you have ever been arrested or charged with offenses related to drunk driving, you are aware of the stress, expenditures, and consequences that can result. An OWI arrest can be even more serious if it is charged as a felony, and these types of charges may result in long prison sentences, steep fines, and the loss of your driving privileges for multiple years.
Felony OWI Charges
Whether your OWI charge is considered a felony is dependent on two factors:
- How many times you have previously been charged with operating under the influence. A fourth OWI is a Class H felony, punishable by 60 days to six years in prison. A fifth or sixth OWI is a Class G felony, punishable by six months to 10 years in prison. A seventh, eighth or ninth OWI is a Class F felony, punishable by 3 to 12.5 years in prison. A tenth or subsequent OWI is a Class E felony, punishable by 4 to 15 years in prison.
When Can a Real Estate Broker’s Professional License Be Disciplined?
By With any professional license issued in Wisconsin, certain rules and regulations must be followed to keep and utilize said license. Licensed real estate brokers are required to follow federal and state laws within their profession. A broker who fails to follow these laws or who commits unprofessional conduct may face disciplinary action against their license. Anyone facing discipline to a real estate broker’s license should work with a professional license defense attorney to determine their legal options.
Disciplinary Issues for Real Estate Brokers
The Wisconsin Real Estate Examining Board handles all licensing, certifications, allegations, and disciplinary actions involving those with a Wisconsin real estate broker license. The Board may revoke, suspend, or limit the license of a real estate broker who has committed any of the following:
Can I Share Custody of My Child Following a Wisconsin Divorce?
By During your divorce, you and your spouse will need to resolve issues regarding the custody of your children. In Wisconsin, child custody may be granted solely to one parent, giving them the responsibility to make decisions about how the child will be raised. However, in most cases, the court will decide that the parents should have joint or shared custody, and divorced or separated parents will work together to make decisions for their children. Joint custody is usually appropriate if both parents are able to perform parental duties, are able to work together, and have no current conditions or conflicts that would affect the children or their environment.
In addition to child custody, a divorce agreement will address the physical placement of children, which refers to the time the child will spend with each parent. Even if one parent is granted sole custody, the other parent may be allocated a reasonable amount of physical placement.
How Serious Is a Reprimand Against My Medical License?
By The Wisconsin Department of Safety and Professional Services receives about 500 complaints against doctors each year. These complaints may be investigated, and the Wisconsin Medical Examining Board may choose to take disciplinary action against a person’s medical license. Reprimands are the most common form of discipline taken, and they may be issued for a wide variety of issues within the medical field, such as minor HIPPA violations, improper record keeping, and some prescription errors.
If you are facing a potential reprimand or another form of discipline, you will want to be sure to understand the possible consequences to your license, your reputation, and your career. If you have been notified of a complaint by the Medical Examining Board, you should speak with an attorney to determine your best options for defending your medical license.
5 Questions Victims May Have About Personal Injury Cases in Wisconsin
Personal injury claims are filed when a person sustains an injury due to another person’s negligence, recklessness, or intentional misconduct. As such, personal injuries often occur as the result of a car accident, trucking accident, or pedestrian accident. If you sustained an injury in an accident, you will likely need medical attention. It is normal to have questions as you start to deal with the physical, emotional, and financial aftermath of an accident. In addition to reviewing this list of frequently asked questions, you should speak with a personal injury attorney to learn more about your options for recovering financial compensation for your injuries.
What Is the Legal Definition of Negligence?
Negligence occurs when an individual causes harm to another person unintentionally. For example, a driver may not intend to injure passengers in other cars, but negligent actions (such as texting while driving) can lead to a collision that causes serious injuries to multiple people. Legally, negligence occurs when a person fails to provide a “duty of care” to other individuals. Disobeying traffic laws, driving under the influence, distracted driving, and reckless driving are examples of failures to meet the duty of care owed to others.
What Is Adverse Possession, and How Does it Affect Boundary Disputes?
Adverse possession, also loosely described as “squatter’s rights,” allows trespassers who openly inhabit a piece of property to gain possession of that property if they meet certain conditions. In other words, if a trespasser devotes enough time caring for a piece of property that the owner has abandoned or possibly forgotten about, and the owner makes no opposition to the trespasser and his/her actions, a court may award ownership of the property to the trespasser. To resolve issues related to adverse possession, it is important to work with a qualified real estate attorney.
Wisconsin Adverse Possession Laws
According to Wis. Stat. § 893.25, an individual must occupy property publicly for at least 20 years before ownership can be granted. In addition to this requirement, a person who wishes to gain possession of property must typically prove the following factors:
- A “hostile” claim - This refers to the fact that the trespasser’s possession of the property is against the intentions of the owner. However, it does not necessarily mean that the trespasser acted wilfully or in an unfriendly manner. Hostile claims often involve honest mistakes, such as depending on a false deed or inhabiting land without knowing that it is another person’s private property.
How Are Retirement Accounts Divided in a Wisconsin Divorce?
Splitting assets in a divorce can be a stressful process. In many cases, retirement accounts are some of the most valuable assets owned by a couple, and as with other marital property, they should be divided equally between spouses. Even if you do not expect to use the funds in your retirement account until many years in the future, it is still considered a marital asset that is measured by its current or predicted value. Unless your retirement accounts were established prior to your marriage or are protected within a prenuptial or postnuptial agreement, they will need to be split 50/50 between you and your spouse.
Addressing Common Types of Retirement Accounts
How Does Wisconsin Law Address Possession of Controlled Substances?
By While most people understand that possession of illegal drugs can lead to criminal charges, they may not be aware of which drugs are illegal or the potential penalties they may face. If you are facing charges related to drug possession, you should be sure to work with an experienced attorney to determine your best options for defense.
Controlled Substance Categories
Under Wisconsin law, controlled substances are grouped into five categories, which are known as “schedules.” These schedules are based on whether the drugs have been deemed by the Drug Enforcement Agency (DEA) to have acceptable medical use in the United States, the potential of addiction or abuse, and the danger posed by a substance.
Buying Legal Weed in Illinois Can Create Problems for Wisconsin Residents
On January 1, 2020 Illinois became the eleventh state in the nation to allow the legal use of recreational marijuana. Because Illinois shares a border with Wisconsin, some Wisconsinites may wish to travel to Illinois to purchase legal marijuana. However, the possession of marijuana is still illegal in Wisconsin and can result in drug charges if you are arrested upon your return. That means that even if someone bought marijuana legally in Illinois and brought it back to Wisconsin, it is still illegal to possess that marijuana in Wisconsin.
Criminal Penalties for Marijuana Possession in Wisconsin
Even though the prevailing thoughts on marijuana are changing and several states have legalized the drug, possessing marijuana in Wisconsin can result in harsh criminal penalties. A first-offense marijuana possession may be charged criminally as a misdemeanor and can result in a fine of not more than $1,000 or not more than 6 months in prison, or both. If you have a prior drug conviction, including possession of drug paraphernalia, and are arrested while possessing marijuana, you can be charged with a Class I Felony, which carries with it a potential penalty of a $10,000 fine, 3 ½ years imprisonment, or both.
What Issues Can a Power of Attorney Address?
A power of attorney is a legal document signed by a person (known as the principal) to give another person (known as the agent) the legal authority to act on their behalf. This ability allows the agent to handle matters related to the principal’s health care or finances. The principal may want to create a medical or financial power of attorney for reasons such as:
- Ensuring that the principal’s personal wishes will be carried out if they become incapacitated
- Selecting a trusted person to make healthcare or financial decisions on the principal’s behalf
