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How Can Nurses Defend Against Disciplinary Action in Wisconsin?

 Posted on January 13, 2021 in Professional Licensing Defense

Milwaukee professional license defense lawyer for RN or LPNBy Attorney Kristen Nelson

Nurses provide an invaluable service, especially during a public health crisis like the COVID-19 pandemic. Becoming a registered nurse (RN) or licensed practical nurse (LPN) in Wisconsin requires the dedication of significant time, energy, and money, and it can be concerning to learn that your nursing license may be under threat due to the possibility of disciplinary action. Wisconsin nurses should understand the violations that can result in discipline, as well as their options for defending against allegations of these violations.

Nursing Violations in Wisconsin

Wisconsin’s legal and administrative codes both include a list of actions that can result in disciplinary consequences to a nurse’s license. These violations include:

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Do I Have Grounds to Contest a Will in Wisconsin?

 Posted on January 11, 2021 in Estate Planning

Losing a loved one under any circumstances can be incredibly difficult, and your emotional pain may be all-encompassing, making it difficult to focus on the process of probate, in which the assets of your loved one’s estate are distributed to their heirs and beneficiaries. However, if you suspect that there is something wrong with your loved one’s last will and testament, it may be important to find the energy and focus to take legal action to contest it. Fortunately, a probate litigation attorney can help you handle the complications of this process, relieving much of your personal stress.

Reasons to Contest a Will

It is important to note that in Wisconsin, not just anyone has the standing to contest a will. In order to pursue a will contest, you usually must be named as a beneficiary in the current will or a previous version of the decedent’s will, or you must have a relationship to the decedent that would entitle you to inheritance through intestate succession, the process that takes place when a person dies without a will.

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What Types of Crimes Can Result in Federal Charges?

 Posted on January 08, 2021 in Criminal Defense

Milwaukee, WI criminal defense attorney for federal chargesBy Attorney Nicole Masnica

Many criminal offenses committed in Wisconsin are handled within the state’s criminal justice system, including crimes related to operating while intoxicated (OWI), many types of property crimes, and violent crimes. However, if an alleged offense violates a federal law, the defendant can instead be tried in federal court. If you have been accused of a federal crime, or if you believe you may be at risk of facing federal charges, your attorney can help you understand what to expect.

Examples of Federal Offenses

There are many different kinds of offenses for which a person may face federal charges, but some of the most common include:

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When Should I Get a Prenuptial Agreement in Wisconsin?

 Posted on December 29, 2020 in Family Law

Milwaukee, WI prenup attorneyBy Attorney Max Stephenson

Asking your partner to get a prenuptial agreement can make for an awkward conversation. Before you take this difficult step, it is a good idea to consider whether a prenup actually makes sense for your personal situation. Not every couple needs a prenuptial agreement, but there are situations where one can be beneficial. If a prenup will help to protect your financial interests and give one or both partners greater peace of mind, it may be worth the initial awkwardness.

What Can a Prenuptial Agreement Include?

What is commonly known as a prenuptial agreement is called a “marital property agreement” under Wisconsin law, and it is actually possible to create one either before or during your marriage. As the name suggests, the primary purpose of such an agreement is to clarify matters involving property and finances. Some of the things that a Wisconsin prenuptial agreement can address include:

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Drunk Driving During the Holidays: How Can I Hold a Drunk Driver Accountable for My Injuries?

 Posted on December 28, 2020 in Car Accidents

Milwaukee, WI drunk driving accident attorneyIn addition to being a criminal offense in Wisconsin, driving under the influence of alcohol is one of the clearest examples of negligence that can justify compensation in a civil personal injury lawsuit. Drunk driving can happen especially often during the holidays. If you or a loved one has been in a car accident with a drunk driver, your injuries may be severe, and an attorney can help you take the necessary steps to recover compensation for your losses.

What Makes Drunk Driving Dangerous?

According to the National Highway Traffic Safety Administration (NHTSA), alcohol impairs a driver’s physical and mental abilities in many ways, and the effects increase as more drinks are consumed. Among other things, alcohol affects:

  • Judgment

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When Can I Modify My Child Custody and/or Placement Agreement in Wisconsin?

 Posted on December 16, 2020 in Family Law

Milwaukee, WI divorce attorney for child custody modificationBy Attorney Max Stephenson

When you are getting a divorce, arriving at an agreement on the legal custody and physical placement of your children can be a challenging process as you try to prioritize your children’s best interests while balancing the needs of both parents. It is not uncommon for this process to continue even after the issuance of your child custody order, as the needs of everyone involved may change in the years following your divorce. If you find that the original order is no longer feasible or desirable, it may be time to pursue a modification.

When Can Custody and/or Placement Be Legally Modified?

In most cases, a Wisconsin child custody/placement order cannot be modified for the first two years after it is issued. However, you may be able to make the case for an early modification if you can demonstrate that circumstances have changed such that the current order is dangerous or harmful to your children. This could be the case if information comes to light regarding the other parent’s abusive behavior, or the behavior of a new romantic partner introduced to the children. The court may also consider a modification to physical placement within two years if it does not substantially change the time that either parent spends with the children.

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5 Common Causes of Distracted Driving in Wisconsin

 Posted on December 11, 2020 in Car Accidents

Milwaukee car accident attorney for distracted drivingDistracted driving is a major issue throughout the United States, contributing to more than 400,000 injuries and almost 3,000 deaths each year, according to the National Highway Traffic Safety Administration. In Wisconsin alone, distracted driving is a factor in over 24,000 annual car accidents, accounting for roughly 20 percent of all crashes. If you are injured by a distracted driver, understanding some of the common causes of distracted driving may help you make the case for the driver’s negligence.

What Behaviors Lead to Distracted Driving?

A variety of different behaviors can occupy a driver’s eyes, hands, or mental processes in a way that prevents them from fully attending to the task of driving and increases the risk of an accident. Some of the most common issues include:

  1. Using a cell phone. Phones and other mobile devices are perhaps the most well-known cause of distracted driving. Texting while driving is illegal in Wisconsin, but any form of handheld cell phone use can also be dangerous.

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How Can I Assert My Constitutional Rights in a Criminal Proceeding?

 Posted on December 08, 2020 in Criminal Defense

Among other things, the United States Constitution’s Bill of Rights provides several protections for those who are facing a criminal arrest or trial. However, in the heat of the moment, it may be hard to know whether your rights are being honored and to ensure that you are taking full advantage of them. Taking the time to learn about your constitutional rights and how to assert them can often help you avoid an arrest or conviction in the event that you have a run-in with law enforcement.

Fourth Amendment Protections from Unreasonable Search and Seizure

The Fourth Amendment protects your person, house, papers, and effects from search and seizure without a warrant or probable cause, and it also states that a warrant must be specific with regard to the property to be searched and the potential items to be seized. There are a few circumstances in which law enforcement is permitted to perform a search without a warrant in Wisconsin, but if an officer attempts to search you or your property, you should always ask to see a warrant first, and you should clearly state that you do not consent to a search without a warrant. If an officer proceeds without a warrant, with an invalid warrant, or in a way that exceeds the scope of the warrant, your attorney can help you challenge the validity of the evidence obtained.

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How to Co-Parent Effectively During the Holidays in Wisconsin

 Posted on December 03, 2020 in Divorce

Milwaukee divorce attorney for holiday child custodyBy Attorney Max Stephenson

Sharing physical custody of your children after a divorce can be a challenge throughout the year, but it is often especially difficult during the winter holidays. This year may be more difficult than ever as you balance your desire to spend time with family with the need to stay safe during the COVID-19 pandemic. In this year and others, it is important that you and your children’s other parent have a plan to co-parent effectively during the holiday season.

Suggestions for Holiday Co-Parenting

If you consider the following suggestions, you may be able to take some stress out of co-parenting both during this holiday season and in years to come:

  • Address holidays in your parenting plan. Wisconsin law specifically mentions holidays as an important consideration when establishing a parenting plan during the divorce process. Making decisions about how you and the other parent will divide and share holiday time can help prevent uncertainty and conflict later on.

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How Is Child Support Calculated During a Wisconsin Divorce?

 Posted on November 25, 2020 in Divorce

Milwaukee child support lawyerBy Attorney Max Stephenson

As a parent, it is important for you to know that your children will continue to have a good life after your divorce. In part, this means making sure they will have the financial support that they need from both parents. Wisconsin law ensures that this is the case by including a child support order in any divorce involving minor children. Even so, it is reasonable to have questions and concerns about how the support order can affect you and your children. Understanding how child support payments are calculated can help to alleviate some of these concerns.

Child Custody and Support Calculations

The way child support is calculated in Wisconsin depends in part on the placement arrangement determined in the divorce resolution. If one parent is awarded primary placement  (meaning the other parent has less than 92 overnights per year), the other parent will usually be obligated to pay child support based on a percentage of his or her gross income, depending on the number of children for whom support will be paid. For example, the parent who does not have primary placement can be ordered to pay 17 percent of his or her gross income for one child, 25 percent for two children, and up to 34 percent for five children or more.

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