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Milwaukee criminal appeals lawyer, criminal defense case, Motion for Postconviction Relief, Wisconsin Appeals Process, Record on AppealWhen you are facing criminal charges, the outcome of your trial will have a major impact on your life. Unfortunately, errors sometimes occur during criminal trials, resulting in unjust convictions or incorrect sentences. If you are unhappy with the results of your criminal trial, you have the option to appeal.

The Wisconsin Appeals Process

After the circuit court has issued its final judgment in your trial, you must file a Notice of Intent to Pursue Postconviction Relief within 20 days. This Notice informs the court that you plan to appeal the case. Within 30 days after filing the Notice of Intent, you must request a copy of the court transcript(s). The court clerk will serve you with a copy of the transcript(s) within 60 days.

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Steven Avery, criminal defense, illusion of justice,  post-conviction attorney, forensic evidence  Steven Avery’s request for a new trial was again rejected November 28, 2017, by Sheboygan County Circuit Judge Angela Sutkiewicz. Avery had asked the judge to reconsider her October 3rd decision rejecting his request for a new trial.

Avery’s current post-conviction attorney said that she had new testimony and evidence to present to the court, which warranted a new trial. However, Judge Sutkiewicz found that she had no basis for reconsideration and reversal of her October 3rd decision denying such relief. Avery’s attorney is seeking an appeal of the ruling with the Wisconsin Court of Appeals.

An excellent, inside view of Steven Avery’s case, his trial and the disputed forensic evidence used to convict him is found in Jerry Buting’s 2017 book, Illusion of Justice. The review of this book written by Ray Dall’Osto in the recent NACDL Champion magazine, can be read at https://www.nacdl.org/Champion.aspx?id=48930&terms=illusion+of+justice.

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legal drinking age, Milwaukee criminal defense lawyer, Wisconsin lawmakers, lower legal drinking age, alcohol consumptionBy: Attorney Steven McGaver and Law Clerk Kenneth Baker

Some Wisconsin lawmakers recently announced a proposal to lower the legal drinking age to 19 years old. This proposal has one significant condition: federal highway funding cannot be withheld from the state.

In 1984, Congress passed the National Minimum Drinking Age Act (NMDAA). The act created a uniform age for the legal consumption of alcohol at 21. If states refused to raise their legal drinking age, the Department of Transportation would withhold federal highway funding. Eventually, all 50 states passed legislation to raise the drinking age to 21, including Wisconsin on September 1st, 1986.

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white collar crimes, embezzlement, embezzlement laws, Milwaukee criminal defense lawyer, Wisconsin embezzlement casesTheft 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. 

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Milwaukee car accident lawyers, hit and run accident, car accident victim, accident liability, accident investigationGetting 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.

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Milwaukee divorce lawyer, child support payments, college tuition, pay child support, end child supportWhen 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.

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Milwaukee employment attorney, employment law, employment agreements, non-compete agreements,  employment contractsStarting 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

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commercial real estate, zoning laws, Milwaukee real estate attorney, business property, leasing propertyStarting 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.

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Posted on in Divorce

Milwaukee divorce attorneys, text messages and divorce, social media and divorce, divorce process, divorce evidenceIn 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

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drinking ticket, under age drinking, Milwaukee criminal defense attorney, college drinking, student conduct policyBy: 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:

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Gimbel, Reilly, Guerin & Brown, LLP

330 East Kilbourn Avenue
Suite 1170
Milwaukee, WI 53202

Phone: 414-271-1440
Fax: 414-271-7680
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