Recent Blog Posts
Pardon Requests Being Made to Wisconsin Governor’s Office
The news that pardons will once again be granted in Wisconsin has gotten out, and pardon applications have begun rolling in. It is expected that once the Pardon Advisory Board is fully filled, even more pardon requests will be received by the state.
The Pardon Advisory Board reviews pardon applications and makes recommendations to the Governor. Some of those seeking pardons ask for commutation of a sentence, while others have served their sentences and want to receive a pardon in order to be able to move on with their lives. Pardons typically restore all civil litigation that were affected by the conviction, such as the right to vote, serve on a jury, possess a firearm, hold certain professional licenses, and run for office.
Why Are Pardons Now an Option?
The new Wisconsin governor, Tony Evers, has recently announced that his office will entertain pardon requests. The prior governor, Scott Walker, had placed a moratorium on considering any pardons.
Wisconsin Legislature Considers Bill to Reform Expungement Law
Expungement is a powerful tool to help provide a second chance for those convicted of criminal charges. For that reason, it is highly sought by many who wish to clear their criminal records. The Wisconsin Legislature has before it and is currently considering a bill that would make more people eligible to have their records expunged and provide some necessary reforms to overcome obstacles to expungement that have been imposed by a series of court of appeals decisions over the past several years.
What Is Expungement?
Expungement is the removal of certain criminal convictions or juvenile court records from official state records, which include the official court record, possibly the state’s online court record system (CCAP), and the arrest records kept by the Dept. of Justice Crime Information Bureau in Madison. Under Wisconsin law, to expunge is “to strike or obliterate from the record all references to the defendant’s name and identity.” Expungement of a criminal record allows someone arrested on criminal charges or convicted of a crime to have a clean start with regard to that case.
How Can I Defend Myself Against Accusations of Domestic Violence?
False accusations of domestic violence are more common than one might think. They can be devastating to someone’s personal reputation and professional life. It is important to take these types of sensitive criminal charges seriously by hiring an experienced attorney who has defended clients against such accusations and understands the best way to proceed with a case.
How Does the Law Define Domestic Violence?
While you may have an idea about what acts are commonly considered to be domestic violence by the general public, Wisconsin law specifies exactly what must transpire for a charge to be properly labeled as “domestic violence.”
Wisconsin State Statute 968.075(1) defines “domestic abuse" as any of the following engaged in by an adult person against his or her spouse or former spouse, against an adult with whom the person resides or formerly resided, or against an adult with whom the person has a child in common:
Choosing the Correct Business Entity When Starting a New Company
If you are about to take the exciting step of forming a new business, you should not overlook the important decision of the type of entity your business will utilize. The business entity you select will affect every facet of your business, so you should make the decision with the aid of trusted legal professionals.
No two situations are the same. Simply because a competitor or similar business has utilized, for example, an LLC business structure does not mean that this is the right choice in your situation.
Why Business Type Matters
The law defines several types of business entities, and each has distinct features that could help or hurt your business. The type of entity selected will affect how the business is taxed, and different business entities have different requirements in terms of paperwork. The potential personal liability that a business owner may be exposed to is another key consideration. Finally, the type of entity you select will dictate how you can raise money.
Wisconsin Supreme Court Elections to Be Held April 2
The highest court in the state, the Wisconsin Supreme Court, will soon get a new justice following the April 2 election. The election is for the seat currently held by Justice Shirley Abrahamson.
Justice Abrahamson decided not to run for re-election. After the primaries, two judges emerged as the candidates in the general election: Appeals Judge Brian Hagedorn and Appeals Chief Judge Lisa Neubauer. The winning candidate will clinch a 10-year term on the high court.
The Composition of the Wisconsin Supreme Court
While the Wisconsin Supreme Court is not political, some justices are considered conservative and some are considered liberal by court watchers. This election could change the makeup of the court, which would have far-reaching consequences.
As the court stands now, there are four justices who are considered to be conservative and three who are considered liberal. Justice Abrahamson, the outgoing judge, has been supported by liberals.
When Is Insurance Litigation Necessary in a Personal Injury Case?
When someone suffers a personal injury, they may struggle with a variety of financial issues involving the need for medical treatment and the inability to work and earn an income. Insurance companies become involved in many of these cases, and an injury victim will often be covered by an insurance policy held by the person who caused the injury. Unfortunately, many accident victims come to find out that insurance companies can be unreasonable.
When a person files an injury claim, the negligent party’s insurance company will often offer to pay a certain amount based on the amount of coverage. However, these offers may not fully cover the victim’s expenses or meet their needs. In these cases, a victim may choose to pursue litigation against the insurance company and/or the negligent party.
Pursuing Compensation for a Family Member's Wrongful Death
If your loved one has died due to the fault of another person or business, Wisconsin law states that you may be able to recover certain monetary damages through a wrongful death lawsuit.
Who Can Recover Compensation?
Wisconsin law only allows certain people to bring wrongful death actions, and it also dictates certain parties who must recover any award of damages in wrongful death actions. Those who may bring a wrongful death action include:
- The personal representative of the deceased person's estate
- The surviving spouse of the decedent
- The domestic partner of the decedent
- The child of the decedent
- The parent or guardian of the decedent
If the decedent left behind a spouse, domestic partner, or one or more children under age 18, the court will set aside a part of any award for the care of the deceased person's dependents. The amount will not be more than 50 percent of the total award.
College Admissions Scandal Ends With Criminal Fraud Charges
In March 2019, a college admissions cheating scandal made headlines nationwide. According to prosecutors, wealthy parents of children seeking admission to some of the country’s top schools used the services of a man who would either bribe college employees or would help students cheat on standardized tests.
The college admissions scam is thought to be the biggest one ever prosecuted in this country. The FBI alleges that some of the accused parents spent between $200,000 and $6.5 million to get their children into select universities. Schools such as Yale, the University of Southern California, Georgetown, and Stanford are alleged to have unknowingly accepted students as part of this illegal scheme.
The scam’s architect, William Rick Singer, has already pled guilty to charges of conspiracy to commit racketeering, conspiracy to commit money laundering, conspiracy to defraud the United States, and obstruction of justice.
Milwaukee to Host the 2020 Democratic National Convention
Recently, the news broke that the 2020 Democratic National Convention will be held in Milwaukee. City and state government leaders campaigned heavily to have Milwaukee selected as the location for the convention, which will bring an influx of visitors to the area and put Milwaukee in the national spotlight.
The convention will take place July 13-16, 2020, and Fiserv Forum will serve as the convention’s hub. The key purpose of the convention is to vote on who will be the Democratic presidential nominee in the 2020 election. Conventions are also used as an opportunity for the party to solidify its positions on political issues as well as to boost morale.
Houston and Miami were among the finalists to host the DNC in 2020. Milwaukee has never hosted a major party convention, and this will be the first Democratic convention held in the Midwest since 1996, when Chicago hosted the event.
How Can I Determine the Value of Business Assets During My Divorce?
If you are a business owner going through a divorce, it is critical that you understand the laws surrounding community property and asset division and how they relate to your company. For many people, a business is considered community property, which means that both spouses own the business under Wisconsin law. This is true even if only one spouse is involved in the business.
If a business will be classified as community property, it must be properly valued so that business assets can be divided during divorce. It is possible that the spouse who is more involved with the business will retain ownership, and the other spouse will receive different marital assets of an equal value.