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Recent Blog Posts
Wisconsin Embezzlement: A Brief Overview
Theft can take many forms, from seemingly minor offenses like shoplifting to major financial crimes involving millions of dollars, high-value real estate, and/or banks or other organizations. While the news often focuses on bank fraud, securities fraud, and other high-profile white collar crimes, another form of theft that is common in Wisconsin is embezzlement.
Embezzlement Laws in Wisconsin
Embezzlement is typically defined as the theft of money or property by an employee from his or her employer. However, it can also include the theft of property that is placed in one’s trust by someone else, such as a friend or family member.
While Wisconsin statutes do not actually use the word “embezzlement,” they do have a two-fold definition of theft that is similar to embezzlement:
How Do Hit and Run Accident Victims Hold Drivers Accountable?
Getting into a car accident can be a traumatic experience, and dealing with the resulting medical treatments, vehicle repairs, police reports, and insurance claims can be overwhelming in even the best cases. This process becomes even more difficult in the case of hit and run accidents, since victims will have difficulty determining the identity of the driver who was involved in an accident and holding him or her responsible for the damages caused.
Hit and Run Accidents Under Wisconsin Law
In Wisconsin, a driver who strikes a person or vehicle is required to stop his or her vehicle, investigate the scene of the accident, share his or her contact information and vehicle registration number with the other party, and provide any necessary medical assistance to anyone who was injured in the accident. Failure to do so is a felony.
Am I Required to Pay My Child’s College Tuition After My Divorce?
When parents decide to dissolve their marriage, one of the court’s top concerns during divorce proceedings is ensuring that the children’s best interests are protected. One of the primary ways this is done is by requiring one or both parents to pay child support that will provide for the children’s needs—food, shelter, clothing, personal care, medical expenses, etc. However, while parents are obligated to support their minor children, what happens when children graduate from high school and begin attending college?
Paying for Children’s College Expenses
In Wisconsin, a parent’s requirement to pay child support ends when his or her child turns 18.
Or, if the child is still pursuing a high school diploma or GED, child support ends when the child turns 19. While some states also require parents to pay non-minor support if children pursue secondary education, Wisconsin does not require parents to contribute to their children’s college tuition.
Creating Enforceable Employment Agreements for Your New Business
Starting a new business is an exciting time for everyone involved, especially for the business owners once they see their plans come to fruition. However, the myriad of details that require attention when starting a new business can be overwhelming, and there are many complex issues that a business owner will need to deal with, from financial arrangements and tax issues to decisions about property.
One area that should not be overlooked when starting a new business is employment law. Employers will need to be sure that they are abiding by the law in any employment contracts and that the terms of their employment agreements are enforceable.
Employment Agreements in Wisconsin
- Wisconsin is an “employment-at-will” state — there is an implied contract in which employers or employees are both free to terminate employment at any time and for any reason that is not illegal (such as discrimination). However, employers may also use contracts that include additional terms, such as:
What Should I Know When Purchasing or Leasing Property for My Startup?
Starting a new business is an exciting endeavor, but ensuring that you have met your legal requirements can be a complex process, especially when it comes to commercial real estate. Consider the following information when finding a location for your startup business.
Purchasing Vs. Leasing Property
Purchasing property for your business can be a great investment, allowing you more control over the property and its associated overhead costs. It can also provide tax benefits, and a fixed-rate loan will allow for a steady monthly payment rather than rent that may fluctuate according to market rates.
However, buying property does have its risks. Property may not increase in value as expected, and the need for unexpected repairs can have an impact on your business’s cash flow. In addition, tying your business’s assets up in real estate can result in a loss of liquidity.
Can Text Messages Impact My Divorce Case?
In the 21st century, the electronic devices which we carry around in our pockets provide us with a great deal of convenience by allowing us to access information and communicate with others from nearly anywhere. However, this increased level of connectivity also comes with a price. In some cases, the messages people send on their phones may be used against them.
During a divorce, heated disputes can often arise as spouses seek to resolve issues such as property division, child custody, and child support. During this time, spouses’ actions may be closely scrutinized, and they may find that text messages sent in a moment of anger could have consequences. There are a number of ways that these types of messages could end up being part of a divorce.
Grounds for Divorce
Get a Drinking Ticket in College? You Might Want to Call a Lawyer
By: Attorney Steven McGaver and Law Clerk Ken Baker
An underage drinking ticket in Wisconsin faces a penalty of a fine from $250 to $500 for the first offense. Many students believe that this is the end of their punishment and the consultation of an attorney is not necessary. Moreover, students wrongly think that if their drinking tickets take place off-campus, they are immune from disciplinary action from the University. However, this is not the case. Recently, Universities have become increasingly strict about underage drinking and have started using these drinking tickets as a way to impose additional academic punishments.
According to one university’s student conduct policy, the university “reserves the right to investigate and subsequently take university action for behavior of students in off-campus situations.” Even more surprising to some students is that the university has the right to discipline students because of their actions while studying abroad. Universities have the power to discipline a student in a number of ways including:
Reliable and Accurate Forensic Testing at Risk Under Attorney General Sessions
Several of my law firm colleagues and I, as well as others in the criminal defense bar in Wisconsin, regularly deal with DNA and other trace forensic evidence. The need for accurate and reliable forensic testing by law enforcement and state crime labs is critical, as our criminal clients’ lives and freedom is at stake. Testing methods, procedures and test results should be subject to independent peer review, common standards and certification. Just as important, forensic evidence testing and expert opinions about the results and what it means should be based on valid scientific and statistical principles, not outmoded theories, junk science or subjective statistics.
Conditions That Lead to Truck Rollover Accidents
Due to their large sizes and heavy loads, semi-trailer trucks can present a major danger to other vehicles using the road. Even drivers and passengers in the largest SUVs or luxury cars with top-of-the-line safety features are likely to be injured in truck accidents, and this is especially true in cases when 18 wheeler trucks overturn.
According to the National Highway Traffic Safety Administration (NHTSA), there are more than 1,300 tanker truck rollover accidents in the United States every year, as well as 500 rollover accidents involving other large trucks. Fatalities result from 60 percent of these accidents.
If you have been in an accident involving the rollover of a large truck, you should note any details that could be used to explain the cause of the rollover, which can help establish liability for the accident and aid in recovering compensation for your damages.
Should I Sign a Prenuptial Agreement Before My Wedding?
Getting married can be a complicated, overwhelming process. As couples plan their wedding, they have several requirements that must must be met. Along with finalizing the guest list, putting down a deposit on the venue, and hiring a photographer, one item that appears on more and more wedding checklists is “Sign the prenup.”
Planning for a divorce before a wedding takes place may seem to be in poor taste, but the fact remains that nearly half of all marriages end in divorce. Therefore, you may want to ensure you are protected in the event your relationship breaks down in the future. However, before you sign a prenuptial agreement, make sure that the agreement fits your needs.
When a Prenuptial Agreement is a Good Idea
A prenuptial agreement (also known as a premarital agreement) is a legal contract between couples that specifies what will happen when their marriage ends—whether because of divorce, legal separation, or the death of a spouse.
