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Recent Blog Posts
How Will a Prenuptial Agreement Affect a Couple’s Property and Finances?
By: Many people consider marriage to be a partnership. When a couple gets married, they will often combine their finances, and the income they earn and the property they purchase will be considered to be jointly owned by both spouses. Even if a couple wishes to keep their finances separate, they will need to be aware that any property they acquire during their marriage will generally be considered marital property. This property will need to be divided between the spouses if they choose to get a divorce.
To address this issue, or to protect assets that either spouse owned before they were married, a couple may choose to create a prenuptial agreement. By understanding what this type of agreement (commonly referred to as a “prenup”) can and cannot do, a couple can make sure they are prepared to protect their financial interests as they plan for their marriage.
What Are Wisconsin’s Laws Regarding Medical Marijuana?
Marijuana use has become more and more accepted in the United States over the past several years. Several states have legalized marijuana for recreational use, and a total of 37 states allow the drug to be used for medicinal purposes. Because marijuana has been found to provide many benefits for patients, people in Wisconsin may be looking to use the drug. However, it is important to understand the current laws regarding medical marijuana since violations of these laws could result in criminal prosecution for drug charges.
Wisconsin Lawmakers Propose Medical Marijuana Bill
Unfortunately for Wisconsin residents, marijuana has not been approved for medical use in the state. However, polls have shown that 80 percent of Wisconsin residents support the legalization of medical marijuana. The Republican-controlled state legislature has failed to address this issue in the past, but this could potentially change in the future. In April of 2022, State Senator Mary Felzkowski introduced a bill and held a hearing to address the legalization of medical cannabis.
What Are Parents’ Options When Children Suffer Daycare Injuries?
For most parents, the possibility of their children suffering harm is one of the worst things to contemplate. Parents do everything they can to keep their children safe, but it is impossible to watch them every second of every day. When parents leave their children in someone else’s care, they expect those people to provide the same level of protection while also meeting the children’s needs. Unfortunately, this does not always happen, and children can sometimes suffer serious injuries at daycare due to the negligence of staff members. In these situations, parents will need to determine how they can hold a daycare center responsible for the harm suffered by their children and their families.
Causes of Injuries to Children at Daycare Centers
Daycare is often necessary during the day to ensure that children will be cared for while parents are working. Unfortunately, there are a number of issues that may put children at risk while they are at daycare, including:
What Are the Consequences for Property Crimes in Wisconsin?
Numerous actions may cause a person to be arrested and charged with a criminal offense, and the penalties they may face will depend on the specific laws they are accused of violating and the harm that was done to their alleged victims. While there are many different ways to categorize criminal offenses, many crimes can be divided into two broad groups: crimes against persons and crimes against property. The latter are some of the most commonly committed offenses, and even though they may seem less serious, since they may not result in physical harm to a person, a conviction can still lead to significant penalties. Those who have been accused of property crimes will need to understand how the laws address their specific situation, as well as the potential defenses that may be available.
Wisconsin Property Crimes
Crimes against property may involve damage to someone’s property, illegally entering property such as a building, or misappropriation of money or property belonging to someone else. These charges include:
What Types of Injuries Can Affect Motorcycle Accident Victims?
While motor vehicle collisions of all types can be serious, motorcycle accidents are especially likely to result in severe injuries. Motorcyclists have little in the way of protection, and they can suffer severe bodily harm if they are struck by a car or truck, thrown from their motorcycle, or make contact with the ground or other obstacles. Most motorcyclists recognize this danger, and they make every effort to protect themselves, including by wearing the proper protective gear, obeying traffic laws, and being vigilant for unexpected movements made by other vehicles.
Unfortunately, it is impossible to prepare for every eventuality, and there are many situations where drivers act negligently, fail to share the road safely with motorcycles, and cause serious accidents. Motorcyclists who have been injured because of these actions may be able to take legal action and pursue compensation from negligent drivers who caused them any harm or injuries.
What Are the Options for Adoption for LGBTQ Couples?
By: Same-sex couples and those who are in the LGBTQ community have the same rights as opposite-sex couples. These include the right to get married, to end a marriage through divorce, or to grow their family by having children. In many cases, these couples will look to adopt children, and when planning to do so, they will need to understand their options and the procedures that will need to be followed.
Types of Adoption for Same-Sex Couples
The adoption process allows someone other than a biological parent to become a child’s legal parent. Same-sex spouses and other LGBTQ families may have multiple options for adopting a child, including:
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Public adoption - There are a large number of children in Wisconsin’s foster care system who need stable homes where they can grow up in a safe, loving environment. Same-sex couples may receive training to become certified as foster parents, and after welcoming a child into their home, they may take steps to become the child’s legal parents. These types of adoptions will generally be possible if a child cannot be reunited with their birth parents, and before a child can be adopted, the parental rights of the biological parents will need to be terminated. The assistance of an attorney during this process can be crucial, and same-sex parents can take steps to address any complications that may affect their ability to complete an adoption while also making sure the rights and interests of the child will be protected.
Is an Ignition Interlock Device Required Following a Wisconsin OWI?
Being arrested for drunk driving can cause a number of difficulties in a person’s life. A conviction for charges of operating while intoxicated (OWI) can result in a number of penalties, including large fines and potential jail time. However, one other issue that can play a significant role in these cases is the loss of driving privileges. An OWI conviction will typically result in a driver’s license suspension, and in some cases, after a person regains their driving privileges, they may be required to use an ignition interlock device (IID) on any vehicles they drive.
An IID is a breathalyzer device that is installed in a vehicle. A driver will be required to provide a breath sample before driving, and the vehicle will not start if their blood alcohol content (BAC) is above .02 percent. Depending on the circumstances of an OWI charge, an IID may be required, or a person may obtain an occupational driver’s license that will allow them to drive with an IID during a period of suspension.
Wisconsin Laws Meant to Protect Against Bicycle Accidents
After a long, cold winter, many Wisconsin residents who enjoy riding bicycles are happy to be able to hit the road as the weather warms up during the spring and summer. Riding a bike on the open road can be an exhilarating experience, and it can provide great exercise while serving as an efficient method of transportation. Unfortunately, it can also be dangerous. While bicyclists take many measures to stay safe, including by wearing helmets and other safety equipment, making sure their bikes are well-maintained, and following the rules of the road, they may be placed at risk of serious harm through no fault of their own. When sharing the roads with motor vehicles, bicyclists can be seriously affected by the negligent or aggressive actions of drivers, and these actions may lead to severe or fatal bicycle accidents.
Violations That May Lead to Bike Accidents
To protect the safety of bicyclists and ensure that everyone can share the road, the state of Wisconsin has implemented a number of laws that drivers of motor vehicles are required to follow. These include:
How Are Professional Practices Addressed During a Couple’s Divorce?
By: A couple that plans to get a divorce will need to address multiple types of assets during the property division process. While the division of some types of property may be fairly straightforward, determining to handle complex assets can often be a complicated process. This is especially true in cases where a couple owns a professional practice. After putting in so much time and effort to become a licensed professional and establish a practice, a person may be concerned about how their divorce will affect the ownership and operation of this type of business. If both spouses were involved in managing and operating a practice, they may be unsure about how to proceed during and after the end of their marriage. Since issues related to professional practices can become very complicated, a spouse can protect their rights and interests by working with an experienced divorce attorney.
Wisconsin Claims Board Rules in Favor of Man Who Was Wrongfully Convicted and Imprisoned for Decades
By Nicole Masnica, and Ray Dall’Osto
The criminal justice system is meant to provide everyone who is accused of a crime with the opportunity for a fair trial, and not to convict the innocent. Unfortunately, this does not always happen, and far too many criminal defense cases are over-charged and a significant number result in wrongful convictions. In recognition of this, the State of Wisconsin allows those who have been wrongfully convicted to pursue compensation for the ways their lives have been affected by serving prison sentences for crimes that they did not commit. The lawyers at Gimbel, Reilly, Guerin & Brown, LLP, LLP recently helped one of our clients, who was wrongfully convicted, secure a significant award recommendation from the Wisconsin State Claims Board, which is significantly greater than the statutory maximum currently allowed.
