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Recent Blog Posts
What Are the Most Common Forms of Nursing Home Abuse and Neglect?
Elder abuse and neglect is all too prevalent in today’s world. As baby boomers continue to age, the number of individuals in nursing homes continues to increase. In order to monitor and attempt to reduce the number of abuse victims, the National Center on Elder Abuse studies the trends and prevalence of elder abuse in America. According to one of their studies, it is estimated that 1 in 13 older adults had been victims of at least one form of elder abuse in the previous year. One of the most devastating statistics reveals that those who suffer from dementia become even greater targets. According to a 2009 study, almost 50% of people with dementia experience some form of abuse.
These statistics are discouraging, especially for those whose only option is residing at a nursing home. Knowing the different types of abuse and recognizing their identifiers can help save elderly victims and hopefully lower the number of individuals that suffer from nursing home abuse.
What Is Misrepresentation in a Real Estate Litigation Case?
Misrepresentation is the misstating of facts relevant to a property during a real estate transaction, and it is the most common claim made in real estate litigation cases. Misrepresentation typically takes the form of massaging facts to seduce the buyer into purchasing. Misrepresentation can include outright fraud, but it is mostly thought of as the gross exaggeration of the features relevant to real estate.
Misrepresentation in Real Estate Litigation
Misrepresentation is a thorny issue, because it can be subjective. Real estate agents use hyperbole and exaggeration constantly when dealing with clients. A seller may use colorful language to entice a person to buy real estate, but if an exaggeration or misstatement has a significant financial impact, the buyer may have recourse to seek compensation. Misrepresentation mainly pertains to the hard facts and whether the approximation of the seller is more correct than wrong.
What Are the Potential Charges for Retail Theft in Wisconsin?
The definition of theft varies greatly, and so do the offenses that fall under this category. From taking a candy bar from a store shelf to providing false receipts to obtain a loan, there are a wide range of theft charges that a person may face in Wisconsin. For those accused of shoplifting, it is important to know the charges that may be tied to retail theft, especially since they depend upon the value of the items that were allegedly stolen and the type of theft being alleged.
What Are the Different Types of Shoplifting and Theft Charges?
Shoplifting, a.k.a. “Retail Theft”, includes more than just taking an item off the shelf. In fact, Wisconsin statutes list eight different ways in which a person’s actions can be considered retail theft. According to Wisconsin statute 943.50, a person can be penalized if they do any of these actions without a merchant’s consent and with the intent to permanently deprive the owner of possession of the item or the full purchase price of the item:
How Does the Pardon Process Work in Wisconsin?
After Governor Tony Evers’ election and first six months in office, the chance for a fresh start has been restored to those who have a criminal record. Offenders can now apply for pardons for the first time since Evers’ predecessor Scott Walker halted the process eight years ago. Evers has reformed the Pardon Advisory Board, which consists of nine members who consider pardon requests and provide recommendations to the governor. Anyone who is seeking a pardon should understand the steps that will be followed.
What Does the Process Look Like?
The pardon process begins with an application that is submitted to the Pardon Advisory Board. Pardons will be considered for those who have been convicted of a felony in Wisconsin, completed their entire sentence at least five years ago, and have not been convicted of any new criminal offenses since completing their sentence. However, not all offenders can apply: anyone on the sex offender registry is ineligible.
What Is the Difference Between Drug Possession and Drug Trafficking in Wisconsin?
With the changing climate of each state’s laws and regulations regarding drugs, particularly marijuana, it is crucial to know your state’s laws to avoid criminal charges, high fines, and potential jail or prison time. Marijuana possession, use, and distribution remains illegal in Wisconsin, unlike several of its surrounding neighbors.
Wisconsin has severe penalties for drug distribution. Possessing a marijuana cigarette is a misdemeanor. Passing the marijuana cigarette or pipe to another person is distribution as defined in Wisconsin law, which can be charged as a felony, even if there was no gain and it was a social gathering. Regardless of the leniency or legality of marijuana in these other states’ laws and their close proximity to Wisconsin, crossing the border into Wisconsin with any form and amount of illegal drugs (including marijuana) could result in harsh legal consequences.
Do Something! The Unrestricted Sale of Assault Weapons and Large Magazines Poses a Similar Public Health and Safety Threat as Does the Opioid Crisis
The shocking mass shootings in El Paso and Dayton this past weekend, on top of the numerous premeditated attacks (many by white supremacist-inspired individuals) so far in 2019, make one want to shout, “Enough! Do something about it!” Telling the public it was just the acts of one deranged individual, so go back home, say some prayers, and hope for the best simply doesn’t cut it. This attitude and “we can’t do anything about it” public pronouncements are a lie and an outrageous abdication of government’s responsibility to protect the health and safety of all Americans.
While no one gun control regulation or public health initiative is a panacea, our country needs to try many and implement them now, and at all levels of government – federal, state and local, to try and stop the brutal carnage that target and kills mothers, babies, and families with military-style assault weaponry that are readily available. As President Franklin Roosevelt responded to Republican critics of his Administration’s attempts to develop and implement new programs to address the Great Depression poverty, unemployment, and economic dislocation, “It is common sense to take a method and try it. If it fails, admit it frankly and try another. But above all, try something.”
Can I Obtain Compensation for an Injury that Occurred Due to Negligent Security?
Someone who is injured because of another person’s negligence may be able to pursue compensation through a personal injury lawsuit. There are various types of damages that a victim can receive compensation for, such as injuries that occurred and property that was damaged in the accident. However, it is important to follow the correct legal procedures in these types of cases. One type of situation in which a person may be able to pursue compensation from a property owner involves injuries that occurred because of inadequate security.
What Is Considered Adequate Security?
Adequate security varies from place to place. Some examples of the measures that a property owner should take to protect people’s safety include providing appropriate lighting, functioning locks, security patrols when necessary, and wet-floor signs. These means of security can help protect consumers of businesses as well as employees. Wisconsin statute 101.11 specifies an employer’s duty to furnish a safe place of employment. Under this law, employers shall protect the “life, health, safety, and welfare of such employees and frequenters.” This also forbids employers from requiring or allowing any employee to work in a place that is unsafe.
How Will My License Be Affected if I Am Arrested for OWI?
As is true in all 50 states, driving drunk is illegal and has severe consequences. Not only do drivers put themselves at risk, but they can also endanger the passengers in their car, pedestrians, and people in other vehicles. In Wisconsin, it is illegal for a driver who is at least 21 years old to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 or greater. Drivers are also prohibited from driving while under the influence of intoxicants, with any detectable amount of a restricted controlled substance in their bloodstream, and/or while they are under the influence of controlled substances or other drugs. Those below the age of 21 must have complete sobriety when driving or operating a vehicle.
DUI vs. OWI
In many states, the abbreviation DUI is used to refer to the offense of driving under the influence of alcohol, drugs, or other intoxicating substances. However, Wisconsin law refers to this offense as Operating While Intoxicated, or OWI. The Wisconsin statutes consider the “physical manipulation or activation of any of the controls of a motor vehicle necessary to put it in motion” as operating a vehicle. Sec. 346.63(3)(b), Stats. OWI charges do not necessarily require the actual movement of the car, but rather, actions that could do so. For instance, an intoxicated individual who is sitting in the front seat of a stationary but running car could potentially be charged with OWI.
How Is Shared Child Custody Handled in a Wisconsin Divorce?
Issues related to child custody are often the most difficult part of a divorce. Parents must learn to balance not wanting to live under a different roof than their children and wanting the best for their kids. Determining the best way to address these issues can be challenging for a judge to determine. They must look at every facet of the child’s life and factor in each parent’s ability to meet a child’s needs. In most situations, parents will have shared or joint custody of their children. In these cases, parents will share in the right to make decisions about how to raise their children, and the children will typically spend significant amounts of time with each parent.
Are There Different Forms of Joint Custody?
Joint custody arrangements can vary significantly from family to family. The time a child spends in the care of a parent is known as placement. Primary placement refers to where the child will live the majority of the time. This parent is known as the custodial parent.
What Are Extreme Risk (Red Flag) Gun Laws? Do They Apply in Wisconsin?
In the wake of widespread mass shootings across the United States, advocates and lawmakers in many jurisdictions are pushing for new gun laws to curb gun violence. “Extreme Risk” or “Red Flag” laws are one type of new gun legislation that targets gun violence problems and have been enacted in several states.
Extreme risk laws help prevent a person in crisis from harming themselves or others by temporarily removing guns and prohibiting the purchase of firearms. Such laws permit law enforcement to remove guns or firearms from an individual if close family members, health care providers, or others close to a person identify that person as a threat to themselves or others. Activists have called upon lawmakers to pass extreme risk/red flag laws in Wisconsin. In a recent study conducted by the Centers for Disease Control and Prevention, Wisconsin ranked at about the national average for firearm deaths. Attorney General Josh Kaul, along with other state legislators, has agreed that new gun laws would be beneficial to public safety.
