By: Attorney Adam Schleis 

The Second Amendment to the U.S. Constitution provides Americans with the right to bear arms. While many have interpreted this law in different ways, it has been generally agreed that people in the United States are allowed to own and carry firearms. However, the specific laws regarding gun possession vary from state to state. Wisconsin's gun laws are less restrictive than some states, and most people are allowed to possess firearms, while concealed weapons can be carried by those who have a concealed carry weapons (CCW) license. Violations of these laws may result in criminal charges for illegal weapons possession. Wisconsin residents and visitors to the state will want to be sure to understand the specific laws that apply to gun possession and the penalties for violations.

Criminal Charges Related to Firearm Possession

While ownership and possession of firearms is generally allowed in Wisconsin, there are some situations where a person may face criminal charges for possessing a gun. Firearm possession is prohibited for people who have been convicted of felonies, people who have been found not guilty of felonies due to mental disease or defect, people subject to involuntary commitment orders, and people who are subject to restraining orders in situations involving accusations of domestic violence. Possession of a firearm by a person who is not permitted to do so is a Class G felony.

By: Attorney Adam Schleis

For a parent, few things are worse than the prospect of losing custody of their children. Unfortunately, there are some situations where a parent may be accused of child abuse or where school officials or other parties may be concerned that a child is at risk of harm. In these cases, Wisconsin Child Protective Services (CPS) may initiate a child in need of protective services (CHIPS) action. Children may be temporarily removed from their parents’ home, and parents will be notified that they will be required to appear in court to address the allegations. 

These situations can be incredibly disturbing, and parents may worry that they could permanently lose custody of their children. To ensure that their rights will be protected, parents will need to understand the procedures that will be followed in these cases, and with the help of a children’s court attorney, they can take steps to resolve these matters with minimal disruptions to their lives.

By:  Attorney Max StephensonA prenuptial or postnuptial agreement can be a great way to protect your assets in the event of a divorce. These types of agreements serve as contracts between couples, and they will usually address how financial issues and other concerns related to a couple's property will be handled if their marriage ends. A prenup or postnup can specify that certain assets are community property or separate property, and a couple can make decisions about how their property will be divided. Other issues can also be addressed in these agreements, such as whether one spouse will pay spousal support to the other. 

While marital agreements can be very beneficial, ensuring that a couple can protect their financial interests and minimize conflict if they do choose to get divorced, a prenup or postnup may lead to additional complications during the divorce process if a couple disagrees about the terms of an agreement or if one spouse claims that an agreement is invalid. To avoid these issues, it is important to make sure a prenuptial or postnuptial agreement is valid and enforceable when it is created.

Issues Affecting Enforceability of Marital Agreements

Wisconsin law details several reasons why a prenup or postnup may be found to be unenforceable:

All drivers are aware of the risks of car accidents. When vehicles share the roads and travel at high speeds, what may seem like minor errors by drivers can have deadly results. Because of this, drivers usually take care to drive safely and protect themselves against harm. However, accidents can still occur, and people can be seriously injured through no fault of their own. What many people may not realize is that the risks of being involved in a car crash have increased in recent years. Since 2015, the rate of fatal car accidents in the United States has risen significantly, and some people have been affected by these trends more than others.

Increases in Serious and Fatal Car Crashes

Since the 1970s, the number of car accident deaths in the United States has steadily declined due to the implementation of vehicle safety features, campaigns against dangerous behaviors such as drunk driving, and other factors. However, this trend began to reverse itself starting in 2015. While experts have speculated about the reasons for this change, one factor seems to be the increased use of smartphones. In that year, around two-thirds of adults in the United States owned a smartphone, and this has led to an increase in distracted driving due to texting or making phone calls while behind the wheel.

The rate of fatal accidents has increased even more significantly since the onset of the COVID-19 pandemic in 2020. The number of deaths in car accidents has risen by around 20 percent over the past two years. While people initially speculated that this increase was caused by fewer vehicles on the roads, which encouraged speeding, the rate of fatal accidents has stayed the same even after the country opened back up and traffic returned to its normal levels. Multiple factors may be contributing to this issue, including increased levels of drug and alcohol use, as well as higher levels of stress that may lead people to engage in dangerous or impulsive behavior while behind the wheel.

By: Attorney Max Stephenson and Paralegal Ali Jaeger

Parents who choose to divorce or separate will need to address a wide variety of issues related to child custody. These include what is commonly known as legal custody, which covers major decision-making for the child, and physical custody or physical placement, which determines where the child will live. Along with major decisions detailing how parents will work together to raise their children and when they spend time with their children on a day-to-day basis, they may need to address exceptions to these rules and variances from these plans. One issue that may be raised in these situations is the right of first refusal.

What Is the Right of First Refusal?

As parents provide care for their children, situations may arise in which one parent will not be available during the time they are scheduled to have physical placement or visitation. In these cases, the other parent may feel that it would be better for children to be in the care of a parent rather than another caretaker, such as a babysitter, a grandparent, or a step-parent. This is where the right of first refusal comes in. This right will ensure that if a parent is ever going to be unavailable during a time when they are scheduled to have the children stay with them, they must contact the other parent and offer them the chance to take the children. Other childcare arrangements may only be made if the other parent refuses to provide care.

By: Attorney Adam Schleis

There are a variety of situations where family members may seek protection against domestic violence or abuse. A domestic abuse restraining order is a court order designed to protect domestic violence victims from suffering harm. These orders may be issued as part of a family law proceeding such as a divorce or child custody case, or they may be sought in other situations where a person has experienced abuse and needs protection. In situations where a person has been served with a domestic abuse restraining order, it is important to understand the penalties for violating the order.

Restraining Orders and Injunctions in Wisconsin

A person who has allegedly been the victim of domestic abuse may file a petition seeking a restraining order against their alleged abuser. Domestic abuse may include any actions taken by a person against a member of their family, including their spouse or ex-spouse, their unmarried partner, a person they previously had a dating relationship with, a co-parent, a disabled adult who is in their care, or another person in their household. Abuse may constitute any intentional infliction of pain or physical injury, sexual assault, stalking, or property damage. If a person allegedly committed abuse against a child, the child's parent, stepparent, or legal guardian may file a petition on the child's behalf.

By Attorney Ray Dall’Osto and Attorney Jaclyn Kallie

Attorney Raymond M. Dall'Osto and Gimbel, Reilly, Guerin & Brown, LLP were retained a number of years ago by Daryl Holloway’s family to conduct a postconviction investigation into his felony sexual assault convictions.  After a careful review of the evidence, previous testing and methodology, new DNA testing was requested by Attorney Dall’Osto.  DNA expert Dr. Alan Friedman was retained as a consultant. 

Attorney Dall’Osto and the Milwaukee County District Attorney’s Office, represented by Asst. DA Norman Gahn, had numerous exchanges and meetings over a number of years, including meeting at the Wisconsin State Crime Lab.  ADA Gahn ultimately agreed to the defense request for new testing, which showed that there may have been a different source of the seminal fluid evidence obtained from the assault victims.  Dr. Friedman recommended that further DNA testing be conducted, using the Y-STR method.

Truck accidents are a serious problem on our nation's roads. Each year, thousands of people are killed in accidents with large trucks and other commercial vehicles, and tens of thousands more suffer serious injuries in these types of collisions. Many of these accidents are caused by driver fatigue. Truck drivers can easily become tired or drowsy after being on the road for extended periods of time. Attempting to drive when a person is too tired to operate a commercial vehicle safely greatly increases the chances of a truck accident. In fact, studies have shown that between 7 and 13 percent of fatal truck crashes are associated with a lack of sleep. Victims who are injured in these types of accidents can work with a personal injury attorney to establish liability and pursue compensation for their damages.

Issues Leading to Truck Driver Fatigue

Truck drivers are required to undergo extensive training to ensure that they will be able to operate large trucks safely. They must also obtain commercial driver's licenses, and they must abide by "hours of service" regulations to ensure that they do not remain on the road for longer than is safe. Under these regulations, truck drivers are generally limited to 11 hours of driving in a day, and they cannot drive at all after the 14th hour following the beginning of their shift. They are also required to spend at least 10 hours off-duty between driving shifts, and seven of those hours must be spent in a sleeper berth. A half-hour break must also be taken after driving for a total of eight hours.

Even when abiding by these regulations, fatigue is likely to affect truck drivers, especially when they are nearing the end of a shift, when they are driving late at night, or when their driving shifts take place at irregular times. When truck drivers recognize that they are becoming drowsy, they should be able to stop and get rest. Unfortunately, they may not be permitted to do so by their employers. In many cases, trucking companies are looking to deliver cargo as quickly as possible, and dispatchers will often encourage truck drivers to continue driving, even if they feel that it is not safe to do so. 

By: Attorney Kristen Nelson and Paralegal Rachel Sweet

People in certain occupations, including psychologists and therapists, must have a professional license in order to practice. The requirements that must be met in order to obtain a license can be complicated. Typically, a psychologist must complete an accredited graduate program and pass a professional exam, and gain experience through an internship. Once a psychologist has met all the requirements and obtained a license, there are still rules that must be followed in order to keep the license in good standing. If a psychologist violates these rules, they could face disciplinary action. By understanding the issues that could lead to license discipline and working with a professional license defense attorney, a psychologist can take the correct steps to address these issues and avoid issues that could affect their career.

Reasons for Disciplinary Action to a Psychologist License

If the Wisconsin Psychology Examining Board believes that disciplinary action is necessary, it may deny a person’s application for a license, suspend a license for up to one year, revoke a person’s license, impose probationary conditions, or issue a reprimand. Disciplinary action may be warranted based on:

By:  Attorney Megan Drury and Paralegal Ali Jaeger

Anyone going through a divorce will need to address multiple issues related to their finances and the property they own. When dividing marital property, a couple will need to consider all of the assets and debts they acquired during their marriage. One of the most important of these assets is the couple’s marital home. Real estate can be a significant investment, and each spouse will want to make sure they receive an equitable share of their home’s equity. The home will likely have sentimental value for both parties as well, and resolving disputes about ownership of the home can sometimes be difficult. 

Property Division Options Related to the Marital Home

In many cases, it will be necessary to perform an appraisal of a couple’s home during the divorce process. This will establish the current market value of the home, and a couple can determine the value of the equity they own based on the mortgage payments that have been made during their marriage and the amount remaining on the loan. This may also provide them with an understanding of the purchase price they will most likely be able to receive if they choose to sell the home.