By: Attorney Chris Strohbehn 

Motorcyclists contend with many safety challenges. Driving in the open air among trucks, passenger-sized vehicles, and fellow motorcyclists can be precarious. Additionally, motorcyclists are vulnerable to fluctuations in weather, visibility, and road pavement, such as potholes. On average, motorcyclists are 29 times more likely to die in an accident than those in a passenger vehicle. Of the 2,104 motorcycle crashes in Wisconsin during 2020, there were 112 fatalities.

Families of those who have perished in a motorcycle accident may bring a wrongful death claim for monetary compensation (“damages”). Awarded damages are for the loss of potential income from the deceased as well as medical and funeral expenses for the deceased. Emotional trauma incurred from the catastrophic event is also taken into account when awarding damages. The statute of limitations for wrongful death lawsuits resulting from a motor vehicle in the state of Wisconsin is two years after the accident occurs. So, there are crucial time constraints to consider.

By:  Attorney Nicole Masnica

All criminal charges should be taken seriously, since a conviction can result in multiple types of penalties, including prison sentences, probation, fines, or the loss of a professional license. Accusations involving sex crimes can be especially worrisome, since, in addition to other criminal penalties, a person who is convicted may be required to register as a sex offender. This can impact multiple parts of a person’s life and cause permanent damage to their reputation, their ability to find a job, and their relationships with family members, friends, and others in their community.

Requirements and Restrictions for People on the Sex Offender Registry

Generally, anyone who is convicted of a sexual offense will be required to register as a sex offender. This requirement will also apply to minors who are adjudicated delinquent based on sexual offenses, those who were found not guilty of sexual offenses based on mental illnesses, and residents of Wisconsin who were convicted of sex crimes in other states or jurisdictions.

Marsy’s Law is an initiative meant to protect crime victims' rights. This is a national proposal that has already been adopted in a handful of states, including Ohio. It has also been rejected in others, including Idaho and Maine. However, some legal scholars are concerned about the impact Marsy’s Law could have on the constitutional rights of criminal defendants. 

What Does Marsy’s Law Provide?

Some provisions in Marsy’s Law are a bit vague. In general, the law is designed to protect victims who have reported a crime against them as they participate in the criminal justice process. Provisions include: 

• Victims have the right to be treated with “dignity, respect, courtesy, sensitivity, and fairness.”

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By: Attorney Chris Strohbehn and Paralegal Ruth Campos

Those who are involved in car accidents are likely to experience a number of different types of difficulties. In high-speed collisions or other serious cases, emergency medical treatment may be needed, and a victim may receive multiple forms of ongoing care. Even in seemingly minor collisions, a person’s vehicle is likely to be damaged, requiring expensive repairs. In many cases, car accident victims will be covered by the insurance policy of the driver who was at fault for the collision. However, if a driver did not have the required insurance coverage, this may leave victims unsure about their options and uncertain about how they will address their financial expenses and other ways they have been affected.

Uninsured and Underinsured Motorist Coverage

In situations where an at-fault driver is uninsured, others involved in an accident will usually be able to receive coverage under their own auto insurance policy. Wisconsin law requires liability insurance policies to include uninsured motorist coverage. The minimum limits for this coverage are the same as the minimum limits for liability insurance: $25,000 for the bodily injury or death per person, $50,000 for the bodily injury or death per accident, and $1,000 of medical payments coverage per person.

During the first few months of each year, as April 15th looms, many people are concerned about the requirements for filing their annual federal and state income tax returns. The tax filing process can be stressful, and many taxpayers may be worried about whether they will owe taxes or whether they may face penalties if they provide the wrong information to the Internal Revenue Service (IRS). Unfortunately, this provides scammers with the opportunity to target people and attempt to steal their money or personal information. Those who have been affected by these types of scams can consult with an attorney who understands legal issues related to cybersecurity.

Common Tax-Related Scams

Scammers may use a number of different methods of contacting people, convincing them that they owe money, or asking them to disclose personal information that may be used to commit identity theft. These methods include:

• Unsolicited phone calls - Scammers may call people claiming to be from the IRS and demanding payment for taxes or penalties. These calls can often be threatening, and a scammer may claim that a person will be arrested, their bank accounts seized, their driver’s license will be revoked, or they will face other consequences. It is important to understand that the IRS does not make unsolicited phone calls to taxpayers.  The IRS typically contact people by mail first before using any other methods. The IRS also does not accept payments through gift cards, prepaid credit cards, wire transfers, or cash sent through the mail.

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By: Attorney Megan Drury

Wisconsin is a community property state, meaning that most property acquired by a married couple belongs equally to both. During a divorce, marital property is to be divided equally. This usually means 50/50, although there are a few reasons the court might deviate from this standard. One of the first steps of property division during divorce is sorting through all property owned by the spouses in order to determine what is marital property and what is separate property. Certain types of property acquired during the marriage by one spouse could be considered separate property. Conversely, some property owned by one spouse alone before the marriage could be considered marital property and subject to division during divorce. 

Making this determination can be complicated. You will likely need to enlist an attorney to help you sort this out if you are going through a divorce. 

By: Attorney Jaclyn Kallie

Scams that prey on those who are seeking employment can be particularly cruel - and they are on the rise. Parents of young children, in particular, began seeking work-from-home opportunities more and more during COVID-related school and office closures. In the past, employment scams were a bit easier to spot. Before the pandemic, the simple fact that an employment ad offered a well-paid work-from-home opportunity was often enough to raise suspicions and trigger a deeper investigation. Now that a significant number of legitimate companies have most or all employees working remotely, spotting an employment scam can be trickier. There are, however, a few signs of a questionable position you can keep an eye out for. 

What Are Some Telltale Signs of an Employment Scam?

The sad truth is that these scams prey on those who are already struggling and in need of work. Parents of young children who suddenly had little choice but to work from home when schools shifted to online learning during the pandemic are common victims. Other common victims are young adults struggling to break into the workforce, who may lack the life experience to spot a questionable job ad. Signs to look out for include:

By: Attorney Nicole Masnica and Paralegal Rachel Sweet

Watching the local news may lead you to believe that people are constantly being caught and arrested for very serious crimes, like violent felonies and even murder. However, this is not quite true. The most common offenses that people get arrested for may surprise you. While we like to think that jails exist to keep dangerous offenders out of the community where they cannot hurt anyone, the local jails are typically filled with non-violent offenders. 

If you have already been arrested, you need not feel alone. Hundreds of people are arrested every day in Wisconsin. If this is the situation you are in, a qualified defense attorney may be able to help minimize the impact your arrest will have on your life. 

By: Attorney Cameron Weitzner

You may be surprised to learn that even if you are not caught in possession of an illegal narcotic, you can still end up in jail over drugs. In Wisconsin, you could be charged with a misdemeanor for having drug paraphernalia - or a felony, if the paraphernalia relates to methamphetamine. The definition of what does or does not count as drug paraphernalia can be quite a source of confusion. Paraphernalia is not limited to items specifically designed for the sole purpose of using drugs. Almost anything has the potential to become paraphernalia if it appears that you intended to use it for that purpose. 

If you have been charged with a crime related to drug paraphernalia, it is important that you take it seriously and seek out an experienced attorney. 

By: Attorney Jaclyn Kallie

Being asked to sign a non-compete contract when you start a job may seem like standard procedure, or it could be a big risk for you, depending on your location and what line of work you are in. Non-competes may include any number of restrictions related to what type of work you can do, where, and when. While generally enforceable, in some cases these agreements may not be enforceable in whole or in part. If you feel that your non-compete clause is truly hindering your career progress and opportunities, it may be worth consulting an attorney for an evaluation. The agreement you signed may not be as ironclad as you may think. 

When is a Non-Compete Clause Unenforceable in Wisconsin?

In determining whether non-compete clauses are enforceable, Wisconsin law attempts to balance the freedom to move within the labor market with the protections companies seek to obtain with these agreements.  If every company was allowed to require every employee to sign a non-compete as a condition of employment, it would be quite difficult for the labor market to function.  Changing jobs could become quite difficult if this were the case.  Therefore, to be enforceable the terms of a non-compete clause must be reasonable and allow an employee to obtain employment, albeit with restrictions.  A few things you should know about non-compete clauses include: