By: Attorney Megan Drury

Same-sex couples and those who are in the LGBTQ community have the same rights as opposite-sex couples. These include the right to get married, to end a marriage through divorce, or to grow their family by having children. In many cases, these couples will look to adopt children, and when planning to do so, they will need to understand their options and the procedures that will need to be followed.

Types of Adoption for Same-Sex Couples

The adoption process allows someone other than a biological parent to become a child’s legal parent. Same-sex spouses and other LGBTQ families may have multiple options for adopting a child, including:

Being arrested for drunk driving can cause a number of difficulties in a person’s life. A conviction for charges of operating while intoxicated (OWI) can result in a number of penalties, including large fines and potential jail time. However, one other issue that can play a significant role in these cases is the loss of driving privileges. An OWI conviction will typically result in a driver’s license suspension, and in some cases, after a person regains their driving privileges, they may be required to use an ignition interlock device (IID) on any vehicles they drive.

An IID is a breathalyzer device that is installed in a vehicle. A driver will be required to provide a breath sample before driving, and the vehicle will not start if their blood alcohol content (BAC)  is above .02 percent. Depending on the circumstances of an OWI charge, an IID may be required, or a person may obtain an occupational driver’s license that will allow them to drive with an IID during a period of suspension.

When Is an IID Mandatory?

Wisconsin law states that a person will be required to use an IID if they refused to take a chemical blood alcohol test after being arrested on suspicion of OWI, if they are convicted of OWI for a second or subsequent time, or if they had a BAC of .15 percent or more.

After a long, cold winter, many Wisconsin residents who enjoy riding bicycles are happy to be able to hit the road as the weather warms up during the spring and summer. Riding a bike on the open road can be an exhilarating experience, and it can provide great exercise while serving as an efficient method of transportation. Unfortunately, it can also be dangerous. While bicyclists take many measures to stay safe, including by wearing helmets and other safety equipment, making sure their bikes are well-maintained, and following the rules of the road, they may be placed at risk of serious harm through no fault of their own. When sharing the roads with motor vehicles, bicyclists can be seriously affected by the negligent or aggressive actions of drivers, and these actions may lead to severe or fatal bicycle accidents. 

Violations That May Lead to Bike Accidents

To protect the safety of bicyclists and ensure that everyone can share the road, the state of Wisconsin has implemented a number of laws that drivers of motor vehicles are required to follow. These include:

• Sharing the road - Bicycles are considered to be vehicles, and they have the right to travel in a lane of traffic along with cars, trucks, or motorcycles. Drivers must follow the same rules when a bicycle is in their lane as they would for other vehicles. This means that a driver should not follow too closely behind a bicycle, since if a bicyclist would need to slow down suddenly for a red light, a stop sign, or a person or vehicle that is crossing the road, the driver will need enough room to come to a complete stop and avoid striking the bicycle from behind. 

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By: Attorney Megan Drury

A couple that plans to get a divorce will need to address multiple types of assets during the property division process. While the division of some types of property may be fairly straightforward, determining to handle complex assets can often be a complicated process. This is especially true in cases where a couple owns a professional practice. After putting in so much time and effort to become a licensed professional and establish a practice, a person may be concerned about how their divorce will affect the ownership and operation of this type of business. If both spouses were involved in managing and operating a practice, they may be unsure about how to proceed during and after the end of their marriage. Since issues related to professional practices can become very complicated, a spouse can protect their rights and interests by working with an experienced divorce attorney.

Dividing or Sharing Ownership of a Professional Practice

Dentists, chiropractors, accountants, and multiple other types of professionals may establish private practices that allow them to interact directly with patients or clients, build strong and lasting relationships, and provide value to their communities. Professionals may need to receive extensive education and training, and they will also need to maintain the proper licenses to ensure that they can provide quality services to their clients. After putting in the time, money, and effort to establish themselves, build a successful business, and maintain a positive reputation, a professional may want to ensure that they will be able to maintain ownership of their practice and continue providing services to clients, regardless of what happens during their divorce.

By Jaclyn Kallie, Nicole Masnica, and Ray Dall’Osto

The criminal justice system is meant to provide everyone who is accused of a crime with the opportunity for a fair trial, and not to convict the innocent.  Unfortunately, this does not always happen, and far too many criminal defense cases are over-charged and a significant number result in wrongful convictions. In recognition of this, the State of Wisconsin allows those who have been wrongfully convicted to pursue compensation for the ways their lives have been affected by serving prison sentences for crimes that they did not commit. The lawyers at Gimbel, Reilly, Guerin & Brown, LLP, LLP recently helped one of our clients, who was wrongfully convicted, secure a significant award recommendation from the Wisconsin State Claims Board, which is significantly greater than the statutory maximum currently allowed.  

Claims Board States That Wrongfully Convicted Man Deserves $1 Million Award

The firm’s client, Daryl Dwayne Holloway, was convicted for two separate charges of home invasion and sexual assault alleged to have occurred in 1992. Even though there was evidence exonerating him at the time, including phone records and witness testimony showing that he was in another location at the times the crimes occurred, the jury convicted him nonetheless, based on the victims’ identifying him in a suggestive police lineup and indicating that they recognized his voice.  Mr. Holloway ended up serving 24 years in state prison before his conviction was vacated in 2016 and the charges were dismissed, due to the persistent joint efforts of GRGB attorney Ray Dall’Osto and the Wisconsin Innocence Project. See, https://www.grgblaw.com/case-results/wisconsin-innocence-project-s-effort-to-exonerate-and-free-daryl-holloway-applauded

Motor vehicle accidents come in many different forms. They may involve one car or multiple vehicles, they may take place at high or low speeds, and they may be caused by multiple factors. Rollover accidents can be some of the most dangerous collisions, and when a vehicle turns over onto its side or roof, the driver or passengers can suffer multiple types of serious injuries. By understanding the reasons why these accidents occur, victims can determine who was responsible, and they may be able to pursue financial compensation for their injuries and damages.

Reasons Why Rollover Crashes Occur

A car, truck, or other vehicle may turn over because of:

• Driver error - Many single-vehicle rollover accidents take place because a driver failed to drive safely. For example, if a driver is traveling much higher than the speed limit, their vehicle may roll over when they attempt to make a tight turn. Drivers may also lose control due to factors such as distracted driving, causing them to strike guardrails or other objects that cause their vehicle to turn over. In addition to causing injuries for the driver, these accidents may result in harm to passengers, or a vehicle may strike other cars, pedestrians, or bicyclists after rolling over.

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By: Attorney Jorge Fragoso

There are multiple different types of situations where a person may be accused of committing domestic abuse. These incidents are taken very seriously by law enforcement. If police officers are called to respond to domestic disputes or other situations where the safety of family members may be at risk, they may choose to arrest a person who is believed to have engaged in domestic violence. Those who are accused of committing these types of sensitive crimes may face criminal charges for battery or similar offenses. However, they will also need to understand when they may be subject to restraining orders or other limitations that will affect their lives and their relationships with their family members.

Arrests in Domestic Abuse Cases

While police officers in Wisconsin are not required to arrest a person after responding to a domestic violence incident, there are certain circumstances where officers may determine that an arrest is necessary. Generally, if an officer has a valid reason to believe that a person has violated the law by engaging in domestic abuse, they are required to perform an arrest if they reasonably believe that continued abuse is likely, if there is evidence that an alleged victim has suffered a physical injury, or if the alleged abuser is the primary aggressor in a domestic argument or disagreement.

There are a variety of issues that will need to be addressed during a couple’s divorce, and in cases where married spouses have children together, they will need to determine how child custody will be handled going forward. Couples are encouraged to work together to reach agreements on these matters, but they may encounter disagreements over a variety of issues related to how their children will be raised or how they will share physical placement. In these situations, each parent may submit a proposed parenting plan. By looking at the differences between the parents’ proposals, a court may be able to help resolve disputes and find solutions that will work for all parties involved. In these situations, parents will need to understand the issues that a proposed parenting plan will address.

Details Addressed in a Proposed Parenting Plan

If a couple will be participating in divorce mediation, each party will be required to submit a proposed parenting plan to the mediator at least 10 days before their first mediation session. If spouses are unable to reach an agreement through mediation, or if the court waives their mediation requirements, the parents will be required to submit proposed parenting plans to the court. These submissions must be made within 60 days after the mediator informs the court that the couple could not reach an agreement or after the date the mediation requirement was waived. If a parent does not submit a proposed plan, they will not be able to contest the plan submitted by the other parent.

A proposed parenting plan will address the following:

By: Attorney Jaclyn Kallie

Even though nursing homes can provide essential care for elderly people, many families are understandably hesitant to place their loved ones in a situation where they may be at risk of harm. Stories about nursing home abuse often appear in the news, and families may worry that a person will be at risk of physical violence, verbal abuse, or even sexual assault. While these issues are a serious concern, families will also want to be aware of the possibility that a nursing home resident may experience neglect, potentially causing them to suffer serious personal injuries and adverse health conditions.

Injuries That May Occur Because of Negligence by Nursing Home Staff Members

Nursing home neglect differs from nursing home abuse in that it usually is not purposely committed by staff members with the intent of causing harm to a patient. Instead, it typically occurs because a nursing home is understaffed. Many facilities struggle to maintain the proper staffing levels and ensure that they have medical personnel and other providers available at all times to meet the needs of residents. Even if a nursing home does have adequate staffing, there are many situations where staff members may not have been fully trained in the appropriate forms of care and the procedures that must be followed.

By: Attorney Nicole Masnica and Paralegal Rachel Sweet

When law enforcement officials perform investigations into criminal activity, they will often “follow the money.” If a person is found in possession of significant amounts of cash, makes large deposits into a bank account, or otherwise receives large sums of money without a good explanation, this may be seen as an indication that they have engaged in crimes such as drug trafficking. At the same time, it is illegal to take measures to conceal the source of money that was obtained illegally, and there are a variety of actions that may lead to money laundering charges. These charges may be pursued at either the state or the federal level, and those who are charged with this type of offense will need to understand the specific laws that address money laundering.

Money Laundering Offenses in Wisconsin

Wis. Stat. § 943.895 details offenses related to money laundering and the potential penalties for a conviction. These charges may apply if a person: