WE RESPOND TO YOUR NEEDS 414-271-1440
Recent Blog Posts
What Factors Are Considered in a Wisconsin Child Custody Case?
During a divorce, disputes about how parents will divide responsibility for their children and where children will live can be highly contentious. When divorcing parents in Wisconsin are working to make decisions about their children, it is important to understand how the state’s child custody laws affect these matters.
Legal Custody and Physical Placement
Wisconsin law divides decisions about child custody into two categories: legal custody and physical placement. Legal custody involves the right to make decisions about a child’s care and upbringing, including the medical care he or she receives, where he or she will go to school, the choice of religion, and permission to obtain a driver’s license, join the military, or get married. Physical placement (also known as visitation) refers to the time a child spends in each parent’s care.
Wisconsin Laws and Policies for Juvenile Offenders Charged As Adults
Being arrested and charged with a crime is a serious matter for any person; however criminal charges are especially concerning for juvenile and young offenders and their families. Wisconsin’s juvenile justice system is complex. Therefore, it is important to understand the consequences that minors may face, especially if the charges are serious enough for the juvenile to be charged as an adult and what defense options exist.
Wisconsin Laws and Policies
Prior to 1996, all juvenile court cases were handled pursuant to the provisions of Chap. 48, Wis. Stats. Since that time, juvenile delinquency cases are handled under Chap. 938, Wis. Stats. and Child in Need of Protection and Services (CHIPS) cases under Chap. 48. The so-called “reforms” enacted in 1996 harshly criminalized Wisconsin juvenile law, e.g., carved out an age group of children (17 year olds), who are now always prosecuted and punished as adults, lowered the delinquency age to 10 years old, and allowed for automatic waiver of children to adult court depending on the type of felonies they are charged with. Most children 10 years and older who face charges of violating the criminal law will be tried in juvenile court if they are under the age of 17. However, there are a number of situations in which a minor may be charged as an adult. These include:
Wisconsin Drug Trafficking Laws and Consequences
by Ray Dall’Osto & Steven McGaver
While criminal charges can result in serious consequences, those who are arrested and charged with drug crimes, particularly those involving opioids and distribution, will face zealous prosecution and a significantly greater risk of incarceration. Charges related to the possession of controlled substances are serious, but accusations of drug trafficking (sale and/or distribution, possession with intent to deliver and manufacturing) are more likely to result in severe punishment, as well as a felony record. Those facing drug charges should make sure they understand the nature of the charges and their options for defense.
Drug Crime Statistics
Possession of controlled substances is the most commonly charged drug crime in Wisconsin, making up around 80 percent of all arrests. In 2017, there were 17,022 arrests for possession of marijuana and 8,962 arrests for possession of other drugs. There were 4,843 arrests for the sale of controlled substances. Overall, Wisconsin averages around 450 drug arrests each year for every 100,000 people in the state’s population, which compares to a rate of around 550 drug arrests for every 100,000 people across the entire United States.
What is Considered Healthcare Fraud?
Healthcare is one of the largest industries in the United States with billions of health insurance claims being processed every year and trillions of dollars spent on medical care. The massive size of this industry and the complexity of insurance coverage and billing methods has led to prevalent abuse of the system as people and organizations seek to fraudulently enrich themselves. Healthcare fraud is common, and people should be aware of the possibility that they may face serious criminal charges if they commit this type of offense.
Common Types of Healthcare Fraud
Healthcare fraud can be committed by medical providers, patients, or other people or organizations involved in the healthcare system. Some common forms of healthcare fraud include:
-
Improper billing – Medical providers may bill patients for services which were not actually performed, or they may bill for services that were more expensive than what was provided (known as “upcoding”). Providers may also submit multiple bills for separate steps in a procedure in order to increase the costs of services (known as “unbundling”).
What Are My Rights if I Am Pulled Over for OWI?
By Ray Dall’Osto
Being pulled over by a law enforcement officer for a traffic stop is stressful; however, the possibility of being arrested for OWI (Operating While Intoxicated, also called DUI) can make things much worse. If you are pulled over for a traffic stop or on suspicion of drunk driving, it is important for you to understand your rights. If you don’t know how to assert your rights, you have none.
The Right to Avoid Self-Incrimination
The Fifth Amendment to the United States Constitution gives everyone the right to refuse to answer questions of law enforcement and government investigators; the answers to which may tend to incriminate oneself. During a traffic stop and later at the police station, you can politely decline to answer an officer’s questions about whether or how much you have been drinking, what drugs you might have had, and the other questions set forth in the alcohol/drug influence report interview protocol. You can also assert your Sixth Amendment right to legal counsel and not answer questions until you are allowed to call and speak with your lawyer.
Recovering Compensation in a Pedestrian Hit-and-Run Accident
Any car accident can be a frightening experience, but pedestrian accidents are among the most dangerous — people on foot are likely to suffer serious injuries even in a low-speed collision. A hit-and-run accident in which a driver does not stop his or her car or remain at the scene of the collision after striking a pedestrian can be especially devastating. Victims are often unsure of their options for pursuing compensation for their injuries.
Protecting Your Rights to Compensation
Under Wisconsin law, drivers who strike another vehicle or a pedestrian with their car are required to stop, investigate the accident, exchange information with others involved in the accident, and provide aid and assistance to anyone who was injured. Failure to do so is a crime and can result in misdemeanor or felony charges, depending on the extent of the damages.
Fighting Allegations of Construction Defects
Contractors and construction companies take a great deal of pride in their work ensuring that the buildings and construction projects they work on meet standards for quality and safety. Unfortunately, situations can occur in which a contractor is accused of performing shoddy or substandard work, and allegations of construction defects may involve damage to a property or bodily injuries. If you are facing these types of allegations, it is important to work with a skilled commercial litigation attorney who can help protect your rights and provide you with a defense against these claims.
How Can a Wisconsin Litigation Attorney Help?
An attorney can provide a wide variety of services in cases involving construction defects, including:
What Should My Fiancée and I Include in Our Prenup?
If you are planning to get married, you are likely looking forward to a future of happiness and partnership with your spouse. However, you may also wish to make sure you are protected should your marriage ever come to an end. A prenuptial agreement can be beneficial, especially if you or your fiancée earn a high income or own a business or if one of you has children from a previous relationship. This type of agreement can provide peace of mind that your financial interests will be protected, and it can help you avoid conflict if you decide to get a divorce.
What Can Be Included in a Prenup
Under Wisconsin law, a prenuptial agreement is also known as a marital property agreement and can include the following:
-
A definition of each spouse’s rights and obligations regarding property owned by either party, including who will manage and/or control this property, no matter when the property was acquired or where it is located.
Issues to be Aware of in a Car Accident Involving an Uber Driver
Modern technology has brought many conveniences to our lives, including the ability to find transportation through ride-sharing apps like Uber. These services make it easy to be picked up and dropped off wherever a person needs to go. Moreover, they allow drivers to supplement their income through the use of their personal vehicle. However, the increasing number of Uber drivers on the road means that car accidents involving these drivers are likely to occur. People who have been involved in a collision with an Uber driver should understand their options for receiving financial compensation.
Uber Insurance Policies
Uber drivers are covered by the company’s liability insurance policies, although coverage varies depending on whether a driver is waiting for a ride request, traveling to pick up a rider, or transporting a rider in their vehicle.
Employee Leave Requests and Reasonable Accommodations Under the ADA
The laws in the United States provide employees with certain protections if they have a disability, thus ensuring they will not face discrimination because of any physical or mental conditions they experience. The Americans with Disabilities Act (ADA) requires employers to provide disabled employees with reasonable accommodations that will allow them to have the same employment opportunities as other employees.
However, while the concept of “reasonable accommodations” may seem clear when it comes to meeting an employee’s needs in the workplace (such as ensuring a workplace is wheelchair accessible), it becomes less so when considering requests for employee leave. An understanding of employment law is often required when determining whether leave requests fall under the umbrella of reasonable accommodations.
