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Recent Blog Posts
What is a Federal Criminal Appeal, and How Long Does the Process Take?
Many people are familiar with the idea of appealing a verdict in a criminal trial and taking a case to a higher court if they did not receive a satisfactory outcome. However, the actual appeals process is complicated. Thus, it is important to understand the requirements that must be met and the process that must be followed during a federal appeal.
The Federal Appeals Process
A case cannot be appealed simply because one of the parties did not agree with the verdict; there must be a legal basis for the appeal, such as errors made during the trial or an incorrect interpretation of the law. Furthermore, in criminal cases, only a defendant is typically allowed to appeal a verdict—an appeal by the prosecution could result in the defendant being tried twice for the same crime (known as double jeopardy), which is prohibited by the U.S. Constitution.
Defending Against Criminal Allegations of Fraud
When a person deceives someone with the intent of causing him or her harm, this is considered fraud—a serious criminal offense. Fraud can take many forms, including writing bad checks, forging documents, making false insurance claims, using another person’s credit card without his or her permission, or misrepresenting the value of property being sold. If you are accused of fraud, it is important to understand the nature of these crimes and the potential defenses against the charges.
What Constitutes Fraud?
For an act to be considered fraud, the act must meet the following requirements:
- The person must have misrepresented a material fact;
- The person must have known that his or her statements were false and intended to commit an act of deception;
Buzzed Driving is Drunk Driving
Drunk driving is a serious threat to the safety of everyone who uses the road. Across the United States, there are an average of more than 10,000 fatalities every year in car crashes involving a driver who is under the influence of alcohol.
The penalties for driving while under the influence are severe, and an arrest for operating while intoxicated (OWI) can result in substantial fines, jail time, driver’s license suspension, mandatory alcohol addiction assessment and counseling, and the requirement to use an ignition interlock device (IID) in one’s vehicle.
Even though the potential consequences of drunk driving are well-known, many people continue to get behind the wheel after drinking, believing that if they have had just one or two drinks, they will be able to drive safely. However, this type of activity, known as “buzzed driving,” is incredibly dangerous. Moreover, even if a driver’s blood alcohol content (BAC) is under the legal limit of .08 percent, he or she is still putting himself or herself and others at risk.
What Happens if Your Child is Subject to a CHIPS Action?
By Ray Dall’Osto
A child in need of protection or services (CHIPS) action is brought under Chapter 48, Wis. Stats., when a child (person under age 18) is believed by the government to be in need of protection and/or services. Such cases are initiated, and juvenile court jurisdiction exists under section 48.13, over a child when the child is:
1. Without a parent or guardian;
2. Abandoned;
2(m). When a parent has relinquished custody;
3. Victim of physical or sexual abuse or injury, including self-inflicted injury;
3(m). Who is at substantial risk of becoming the victim of abuse or being injured, based on reliable and credible information that another child in the home has been the victim of abuse;
4. Whose parent or guardian signs the petition requesting jurisdiction and are unable or need assistance to provide special treatment or care for the child;
How Federal Tax Reform Affects Spousal Support
In December 2017, Congress passed the Tax Cuts and Jobs Act, which made the most significant changes to the federal tax code in the last three decades. Since the tax reform law was passed, the news has been filled with discussion of its impact on people in the United States.
While many reports have focused factors such as corporate tax rates, one less-discussed update to the law will have a major impact on divorcing couples, changing the way taxes apply to spousal maintenance (also known as alimony or spousal support).
How is Spousal Maintenance Taxed?
Currently, the alimony and child support payments that spouses pay or receive following divorce are taxed differently. While the payor of child support cannot deduct these payments from his or her taxes, and payments are not considered taxable income for the payee, the opposite is true for spousal support, which is tax-deductible for the payor and taxable for the payee.
Protecting Your Digital Assets Through Power of Attorney
Proper estate planning allows someone to protect his or her assets, pass the assets on to his or her heirs, and ensure that the individual’s wishes are carried out correctly after his or her death. However, in today’s society, this process has become more complicated—the assets people own often extend beyond physical property and financial resources. During the estate planning process, it is important to consider digital assets and understand how they can be protected through power of attorney.
What Are Digital Assets?
Digital assets include any information that is stored electronically. These assets can include:
- Email and social media accounts;
- Photos, videos, documents, or files stored in an online service or on a personal computer, tablet, or smartphone;
We Must Stop the Epidemic of Violence Against Our Children
By Ray Dall’Osto of Gimbel, Reilly, Guerin & Brown, LLP, Milwaukee
Our nation is once again reeling in shock and horror, after the Valentine’s Day 2018 mass shooting at a high school in Parkland, Florida. How was a former student suffering from depression, who previously exhibited violent tendencies, able to arm himself with a military assault rifle and go on a shooting spree killing 17 innocent students and teachers? Why are such military-grade weapons available to persons who have no business having such in their possession? Why isn’t the President, Congress and Wisconsin’s Legislature doing anything effective to address and prevent gun violence victimizing our youth?
The Parkland shooter used an Armalite (AR-15) semi-automatic rifle to kill the 17 on Valentine’s Day. So too did the Orlando, Florida shooter, who killed 49 people at a nightclub, as well as the shooters at a community college in San Bernardino, California and at the Sandy Hook elementary school. The AR-15 is a weapon of war, and used to be illegal. President Bill Clinton’s assault weapons ban, which was in effect from 1994 to 2004, banned the AR-15 and other guns that were too similar to military-style weapons. Former President Obama’s attempts to reinstitute the assault weapon ban was blocked by Congress, and the carnage needlessly goes on and is accelerating.
Do Witnesses Have to Raise Their Right Hand While Giving an Oath?
By: Kenneth Baker
Joseph Jakubowski, notorious in Wisconsin last year for his 161-page handwritten manifesto he sent to President Trump, was in Rock County circuit court on January 28th on charges of burglary while arming himself, theft, and possession of burglary tools. In the course of the proceedings, he was barred from testifying as a witness in his own case because he refused to raise his right hand while being sworn in. While he promised to tell the truth, he nevertheless refused to raise his right hand. The trial judge thus barred him from giving testimony in front of a jury. This raises serious questions that could lead to an appeal; the main question being - is there an affirmative rule that forces witnesses to raise their right hands prior to giving testimony in court?
What about when the president or any federal officer is being sworn in to duty? What are the requirements that must be met? There is no constitutional requirement for any federal official—firefighter, ambassador, or President—to take the oath of office over a particular text or, in fact, over any text at all. President Theodore Roosevelt did not use a bible when he was sworn into office in 1901. Both John Quincy Adams and Franklin Pierce swore on a book of law with the intention that they were swearing on the constitution. In 1973, Henry Kissinger swore on a Hebrew bible while being sworn in as secretary of state. In 2006, Keith Ellison swore on Thomas Jefferson’s English translated copy of the Koran while being sworn in as America’s first ever Muslim congressman. In 2014, Suzi LeVine swore on an Amazon Kindle tablet showing the bible while being sworn in as Ambassador to Liechtenstein and Switzerland. It is clear that the use of a bible is not a requirement but is often the book that is used in swearing in ceremonies, less so in courtrooms.
3 Things to Consider When Negotiating a Divorce Settlement
When married couples decide to divorce in Wisconsin, a variety of legal requirements must be met to finalize the dissolution of marriage. While many of the outstanding issues that must be resolved can be settled in court through litigation, spouses are more often able to reach an agreement through negotiation or mediation.
As spouses work to negotiate a settlement in their divorce, they must be sure they understand and address the following issues:
1. Division of assets and debts - Wisconsin is a community property state, which means that the property a couple owns and the debts they are responsible for will be divided equally between the spouses during divorce. However, this division can become complicated, especially when considering factors such as the value of different types of property (including real estate, investment and retirement accounts, and closely held businesses), the tax consequences of property division, the spouses’ earning ability, and the value of assets that are not considered communal property. Spouses should take steps to fully understand the implications of the decisions made regarding the division of property, thus making sure that they will have the financial resources needed following divorce.
Possible New State Regulations for Carbon Monoxide Detection
Carbon monoxide is a common by-product of combustion, and it is produced by automobile engines, fireplaces, stoves, grills, and furnaces. Unfortunately, this colorless, odorless gas is a serious threat to public safety. Across the United States, more than 500 people are killed and 10,000 people are injured by carbon monoxide poisoning every year.
In order to address the dangers of carbon monoxide, the Wisconsin Assembly recently introduced a bill which would change the requirements for carbon monoxide detectors in residential buildings. Owners of commercial real estate should be sure they understand these possible changes and are prepared to meet these requirements if the bill passes.
Updated Carbon Monoxide Detection Requirements
