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When Can an Employee Be Charged with Embezzlement?

 Posted on September 28, 2023 in White Collar Crimes

Wisconsin embezzlementBy Attorneys Jason Luczak and Nicole Masnica

Embezzlement is a serious white collar crime that involves the misappropriation or theft of funds entrusted to someone's care. This offense can refer to situations where an employee is accused of stealing money or assets from their employer. In Wisconsin, embezzlement accusations can lead to charges of theft or other criminal offenses. Those who have been accused of embezzlement can work with an attorney to determine their best options for defense.

Criminal Charges for Employee Embezzlement

When an employee is accused of embezzlement, several types of criminal charges may be brought against them. The specific charges that may apply will depend on the circumstances of the alleged offense and the amount of money or the value of property that was allegedly stolen or misappropriated. Although Wisconsin does not explicitly name embezzlement as a crime in its statutes, some charges that may be related to embezzlement include:

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How Does Wisconsin’s Implied Consent Law Affect OWI Cases?

 Posted on September 26, 2023 in DUI / OWI

Wisconsin implied consent OWIIf you have been arrested for operating a vehicle while intoxicated (OWI) in Wisconsin, it is important to understand the state's implied consent law and how it can impact your case. Under this law, drivers are required to submit to chemical testing if they are arrested for driving under the influence of alcohol or drugs, and they may face consequences if they refuse to do so. For anyone who has been arrested for drunk driving, it is crucial to secure legal representation from an attorney who can help defend against OWI charges and address license suspensions or other penalties related to chemical blood alcohol tests.

What Is Implied Consent?

Implied consent refers to the legal principle that drivers automatically give their consent to submit to chemical testing from a police officer, if suspected of drunk driving, by obtaining a driver’s license and operating a motor vehicle on public roads. In other words, when you get behind the wheel in Wisconsin, you implicitly agree to comply with requests from law enforcement officers for blood, breath, or urine testing.

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9 Steps to Take When Preparing for Divorce

 Posted on September 19, 2023 in Divorce

Steps to prepare for Wisconsin divorceGetting a divorce can be a complex, difficult process. The strong emotions involved with the end of a marriage can be hard enough on their own, but they can be especially difficult when paired with financial issues and practical considerations related to living arrangements and parenting. Being prepared to address divorce-related issues can help make this process easier. If you are considering divorce in Wisconsin, it is important to understand the steps you can take to protect your interests as you prepare to separate from your spouse and dissolve your marriage. A skilled attorney can help you determine the best approach to take during your case. 

As you prepare for divorce, you will want to:

Gather Important Documents

Before initiating the divorce process, it is important to gather all relevant financial documents such as bank statements, tax returns, pay stubs, mortgage information, credit card statements, and investment account statements. These documents will be crucial during property division negotiations.

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What Are the Potential Outcomes of a Claim for Breach of Contract?

 Posted on September 15, 2023 in Business Law

Wisconsin breach of contractLitigation involving an alleged breach of contract can be complex. When one party fails to fulfill their obligations as outlined in a contract, this can lead to disputes, and the other party may take legal action to enforce the contract’s terms. For those who are involved in civil litigation related to contract disputes in Wisconsin, it is important to understand the options that may be available. An experienced attorney can provide legal representation in these cases, ensuring that issues related to contracts will be handled correctly. Depending on the specific facts of a case, available remedies for a breach of contract may include:

1. Specific Performance

In some breach of contract cases, the court may order the party who breached the contract to fulfill their obligations as originally agreed upon. Specific performance is typically granted when monetary damages would not adequately compensate the non-breaching party for the losses they suffered due to the breach or when the breaching party has the ability to fulfill the contract’s terms.

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Is Arson a Felony Offense in Wisconsin?

 Posted on September 11, 2023 in Criminal Defense

Untitled---2023-09-11T120146.932.jpgArson is a serious crime that involves intentionally setting fire to property. In the state of Wisconsin, arson is a felony offense. The severity of the charges and the potential penalties will depend on factors such as the extent of damage caused, whether there were any injuries or fatalities, and the intent behind the act. Anyone who has been accused of arson, property crimes, violent offenses, or other types of crimes can determine how to protect their rights by working with an experienced criminal defense attorney.

What Is Arson Under Wisconsin Law?

In Wisconsin, arson is defined under Chapter 943 of the state statutes. According to Section 943.02, a person commits arson if they intentionally damage a building through the use of fire or an explosion without the owner’s consent. The law also covers other forms of arson, including using a fire to damage personal property valued at over $100 (Section 943.03) and setting a fire with the intent to commit fraud against an insurance company (Section 943.04).

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When Is Sole Custody an Option in Wisconsin Family Law Cases?

 Posted on September 01, 2023 in Family Law

Untitled---2023-09-01T124330.869.jpgIn Wisconsin, child custody cases can often be complex and emotionally charged. Parents will frequently encounter disputes over sharing custody of their children, including how they will make decisions about important issues. In some cases, a parent may believe that they should have sole custody of their children rather than sharing custody with the other parent. It is important to understand when sole custody may be considered as a viable option by the courts. A parent who is planning to seek sole custody can work with an attorney to determine how to address these issues.

What Is Sole Custody?

In Wisconsin, legal custody refers to the ability of a parent to make major decisions regarding the child, such as where the child will go to school, what doctor they will see, whether they can get a driver’s license, or what religion (if any) they might practice. Wisconsin statutes separately define physical placement, which involves how often a child will reside with one or both parents. Sole legal custody typically refers to a situation in which one parent has the  responsibility for making major decisions.. The parent with sole legal custody will generally have the right to make all major decisions about the child's upbringing without consulting with or obtaining consent from the other parent.

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What Are the Penalties for Auto Theft in Wisconsin?

 Posted on August 25, 2023 in Theft

Untitled---2023-09-01T122134.850.jpgAuto theft is a criminal offense that involves illegally taking or operating someone else's vehicle without their consent. In the state of Wisconsin, auto theft is usually charged as a felony offense, and it can lead to serious penalties for those who are convicted of this crime. If you or someone you know has been charged with auto theft in Milwaukee or other parts of Wisconsin, an experienced lawyer can help you understand the potential consequences and your options for defense.

Operating a Vehicle Without the Owner’s Consent

Under Wisconsin law, it is illegal to drive or operate a motor vehicle without receiving consent from the vehicle’s owner. A person who is accused of taking a vehicle and driving it without permission may face Class H felony charges for a first offense and Class F felony charges for a second offense. Taking and driving a commercial motor vehicle without consent may result in Class G felony charges.

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Will Spousal Support Be a Factor in My High Net Worth Divorce?

 Posted on August 23, 2023 in Divorce

Untitled---2023-08-23T133347.695.jpgDuring the divorce process, there are numerous complex issues that will need to be addressed. While this is true in any divorce, the financial matters that will need to be addressed in a high net worth divorce can be especially complicated and challenging to resolve. Spousal support is one of the key issues that may arise in these cases. To determine the role that spousal support may play in a high asset divorce, it is important to work with an experienced attorney.

How Spousal Support Is Addressed in a Wisconsin Divorce

Spousal support, which may also be referred to as maintenance or alimony, consists of payments made by a person to their ex-spouse after the couple’s divorce. In Wisconsin, spousal support is not automatically awarded in every divorce case. Instead, the need for maintenance will be determined based on several factors outlined in state law. These factors include:

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What Are the Steps Followed During Civil Litigation in Wisconsin?

 Posted on August 18, 2023 in Mediation

Untitled---2023-08-18T104355.927.jpgCivil litigation refers to the legal process followed by individuals or entities to resolve disputes through the court system. It can involve a wide range of issues, such as contract disputes, personal injury claims, property disputes, and more. If you find yourself involved in a legal dispute, understanding the steps involved in civil litigation can help you navigate through the process effectively. 

In Wisconsin, there are several distinct stages of civil litigation. While each case is unique and may have its own complexities, here are the general steps followed when litigating disputes in civil courts:

1. Pre-Litigation Phase

A civil dispute will typically begin when the plaintiff sends a demand letter to the defendant detailing their claims. Before initiating formal legal proceedings, the parties may attempt to resolve the issue outside of court. They may engage in negotiations or mediation to try to reach an agreement without going through a full trial. If disputes can be resolved at this stage, the parties will usually be able to save time and avoid the costs associated with courtroom proceedings.

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When Is Drug Possession Charged as a Felony in Wisconsin?

 Posted on August 12, 2023 in Drug Crimes

Felony drug possessionThere are multiple drugs that are classified as controlled substances, and possession can lead to drug charges. While some drug possession offenses are classified as misdemeanors, others may be charged as felonies. A person who is convicted of felony drug possession may face a lengthy prison sentence, large fines, and other penalties. Understanding when drug possession is charged as a felony in Wisconsin is crucial for anyone facing these types of charges. An experienced criminal defense attorney can help defendants in drug crime cases understand their options and ensure that they take the correct steps to avoid being convicted, if possible.

Possession of Controlled Substances

Drug crime laws are outlined under Chapter 961 of the Wisconsin Statutes. The severity of a drug possession charge will depend on various factors, such as the type and amount of drugs involved, prior convictions, and whether a person had an intent to distribute the drugs to others.

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