Drug crimes are some of the most serious offenses in Wisconsin. Many of these offenses are related to the possession of controlled substances. A person who is found to have illegal drugs on their person, in their home, or in their vehicle can face penalties such as jail time, fines, probation, and mandatory drug treatment if they are convicted of drug possession offenses. However, if a person is accused of distributing drugs to others or engaging in the business of manufacturing, transporting, or selling controlled substances, they may face more serious charges related to drug distribution or drug trafficking.

The State of Wisconsin takes drug offenses very seriously, and the penalties for a drug distribution or drug trafficking conviction can be severe. In some cases, federal charges may apply. It is important for defendants to understand the potential consequences they may face, as well as their options for defense.

State-Level Charges for Drug Manufacturing, Distribution, or Delivery

Drug distribution generally refers to any situations where controlled substances are transferred from one person to another, except in situations where drugs are administered by medical professionals or dispensed by a doctor or pharmacy. In addition to criminal charges for selling, transporting, or delivering drugs, a person may also be accused of manufacturing controlled substances. Manufacturing may include any type of production or packaging of controlled substances, and it can range from growing marijuana plants or operating a meth lab to dividing and labeling drugs in separate containers or packages.

The specific penalties for drug distribution or possession of drugs with intent to distribute will vary based on the types of drugs involved in a case and the amount of a drug a person possessed or distributed. The charges for different types of drugs include:

• Heroin – A person may be charged with a Class F felony for up to three grams, a Class E felony for three to 10 grams, a Class D felony for 10 to 50 grams, and a Class C felony for more than 50 grams.

• Cocaine – A person may be charged with a Class G felony for up to one gram, a Class F felony for one to five grams, a Class E felony for five to 15 grams, a Class D felony for 15 to 40 grams, and a Class C felony for more than 40 grams.

• Fentanyl – A person may be charged with a Class E felony for up to 10 grams, a Class D felony for 10 to 50 grams, and a Class C felony for more than 50 grams.

• Methamphetamine – A person may be charged with a Class F felony for up to three grams, a Class E felony for three to 10 grams, a Class D felony for 10 to 50 grams, and a Class C felony for more than 50 grams.

• Marijuana – For any substances containing THC, A person may be charged with a Class I felony for up to 200 grams or four marijuana plants, a Class H felony for 200 to 1,000 grams or four to 20 plants, a Class G felony for 1,000 to 2,500 grams or 20 to 50 plants, a Class F felony for 2,500 to 10,000 grams or 50 to 200 plants, and a Class E felony for more than 10,000 grams or more than 200 plants.

• LSD – A person may be charged with a Class G felony for up to one gram, a Class F felony for one to five grams, and a Class E felony for more than five grams.

The penalties for different classes of felonies that may apply to drug distribution charges are as follows:

• Class I felony – A maximum prison sentence of three years and six months and/or a fine of up to $10,000.

• Class H felony – A maximum prison sentence of six years and/or a fine of up to $10,000.

• Class G felony – A maximum prison sentence of 10 years and/or a fine of up to $25,000.

• Class F felony – A maximum prison sentence of 12 years and six months and/or a fine of up to $25,000.

• Class E felony – A maximum prison sentence of 15 years and/or a fine of up to $50,000.

• Class D felony – A maximum prison sentence of 25 years and/or a fine of up to $100,000.

• Class C felony – A maximum prison sentence of 40 years and/or a fine of up to $100,000.

Federal Drug Trafficking Charges

Drug trafficking generally involves transporting or distributing controlled substances across state lines or international borders. Because these offenses involve people in multiple states or countries, they may be investigated and prosecuted by federal agencies such as the Drug Enforcement Administration (DEA). However, federal charges may also apply in situations involving large amounts of drugs or people who were allegedly involved in large-scale drug conspiracies.

As with state-level charges, the specific federal charges for drug trafficking will usually depend on the types and amounts of drugs involved in a case. For example, a conviction for trafficking 100 grams of heroin, 500 grams of cocaine, or five grams of methamphetamine may result in a prison sentence of five to 40 years and a fine of up to $5 million. Trafficking one kilogram of heroin, five kilograms of cocaine, or 50 grams of methamphetamine may result in a prison sentence of 10 years to life and a fine of up to $10 million. Sentences can increase significantly if a person had previously been convicted of serious drug crimes or violent crimes or if an offense resulted in someone’s death.

Contact Our Milwaukee Drug Crime Defense Lawyers

Drug distribution and drug trafficking are very serious offenses that can have life-altering consequences. It is essential to take these charges seriously and seek legal representation as soon as possible. At Gimbel, Reilly, Guerin & Brown, LLP, our Milwaukee, WI drug charges attorneys can help you navigate the legal system and fight for your rights. Contact us at 414-271-1440 to arrange a consultation and learn how we can help with your case.

Sources:

https://docs.legis.wisconsin.gov/document/statutes/961.41

https://docs.legis.wisconsin.gov/statutes/statutes/939/iv/50

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By: Attorney Jorge Fragoso

Sexual assault is one of the most serious criminal offenses a person can be charged with in Wisconsin, and law enforcement officials and prosecutors take these cases very seriously. A conviction for this type of sex crime can lead to severe consequences that can impact your life in countless ways. If you have been charged with sexual assault or a related offense, it is important to understand the potential penalties you may face if you are convicted. In these situations, representation by an experienced criminal defense attorney is crucial, and your lawyer can advise you of your rights, help you understand your options for defense, and advocate for the best possible outcome to your case.

Please note that this section discusses sexual assault charges in which the victim is an adult. Charges involving underaged victims are not discussed elsewhere.

Under Wisconsin law, there are four degrees of sexual assault, with first-degree being the most severe and fourth-degree the least. The following definitions are useful in understanding the severity of a sexual assault claim.

• “Great bodily harm” means injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ, or other serious bodily injury.

• “Sexual intercourse” means any intrusion, however slight, by any part of a person’s body or of any object, into the genital or anal opening of another. Emission of semen is not required. Oral sex, including cunnilingus and fellatio, are both considered sexual intercourse.

• “Sexual contact” includes a sexual act done for the purpose of sexual humiliation, degradation, arousal, or gratification

Fourth-Degree Sexual Assault

This offense involves sexual contact, such as intentional touching or groping, that is committed without consent. It is a Class A misdemeanor charge and carries a penalty of up to nine months in jail and/or a fine of up to $10,000.

Third-Degree Sexual Assault

This offense generally involves cases in which a person allegedly had sexual intercourse with a person without receiving consent. Third-degree sexual assault is a Class G felony, and it carries a penalty of up to 10 years in prison, and/or fines of up to $25,000.

Second-Degree Sexual Assault

Second-degree sexual assault is a Class C felony, and it carries a maximum penalty of 40 years in prison and/or a fine of up to $100,000.

Second-degree sexual assault applies to instances that would be third- or fourth-degree sexual assault but they have an aggravating factor. For instance, anyone who engages in sexual intercourse or sexual contact without consent can be charged with second-degree sexual assault if (1) the assault involves the use of force, violence, or threats; (2) the assault results in injuries, sexually transmitted diseases, or emotional trauma requiring psychiatric treatment; or (3) the accused was aided and abetted by one or more other people. 

In addition, engaging in sexual intercourse or sexual contact can result in charges of second-degree sexual assault if done with (1) a person who was unable to give consent because of a mental illness or deficiency; (2) a person who was incapable of giving consent because they were intoxicated; or (3) a person who was unconscious.

First-Degree Sexual Assault

The most severe level of sexual assault under Wisconsin law is first-degree sexual assault. First-degree sexual assault is a Class B felony, and it is punishable by a maximum of 60 years in prison. 

First-degree sexual assault generally involves engaging in sexual intercourse or sexual contact without a person’s consent if the defendant caused great bodily harm to the alleged victim or if the assault resulted in pregnancy. First-degree sexual assault charges may also apply if (1) the alleged victim was over the age of 60; (2) the assault involves a dangerous weapon; or (3) the accused was aided and abetted by one or more people when committing sexual acts through force or violence.

Contact Our Milwaukee, WI Sexual Assault Defense Lawyers

Apart from fines and imprisonment, sexual assault convictions can have a severe impact on an individual’s life. Those who are convicted will be required to register as sex offenders, and they may face stigma, social ostracization, and difficulty finding employment and housing. A felony sexual assault conviction may also lead to the loss of certain rights, such as the ability to vote or possess firearms.

If you have been charged with a sexual offense, it is crucial to seek the help of an experienced criminal defense lawyer who can help you protect your rights and build a robust defense. At Gimbel, Reilly, Guerin & Brown, LLP, our Milwaukee sexual assault defense attorneys can help defend against these types of charges, and we will fight to protect your rights and freedoms. Contact us at 414-271-1440 to arrange a consultation and get the legal help you need.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/940/II/225

https://docs.legis.wisconsin.gov/statutes/statutes/939/iv/50

https://docs.legis.wisconsin.gov/statutes/statutes/939/i/22

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By: Attorney Jorge Fragoso

Many people believe that the criminal justice system in the United States is broken. People are often tried and convicted of crimes and subject to harsh sentences, even for low-level crimes such as drug possession or theft. Criminal arrests and convictions can have significant effects on people’s lives, since a criminal record may prevent them from obtaining employment, education, or housing, and it may disqualify them from receiving professional licenses. Many people struggle to reintegrate into society after serving their sentences, and they may feel that they have no choice but to engage in further illegal activity, which could lead to additional criminal charges, convictions, and prison sentences.

To help address this issue, the state of Wisconsin allows the governor to grant pardons to certain offenders. During his time in office, Governor Tony Evers has issued a record number of pardons, and he continues to use his authority to grant clemency and provide people with second chances. Recently, he pardoned 159 people, bringing the total number of pardons he has issued to 933. This is in contrast to the previous governor, Scott Walker, who did not issue a single pardon during his time in office, and Governor Jim Doyle, who granted fewer than 300 pardons during his two terms.

What Are the Benefits of a Pardon?

In Wisconsin, a pardon is a form of clemency granted by the governor to an offender who has completed their sentence and demonstrated rehabilitation. A pardon restores some of the rights that were lost as a result of a criminal conviction, such as the right to vote, own firearms, hold public offices, or obtain professional licenses. While a pardon does not erase a person’s criminal record, it can serve as evidence of rehabilitation and good character. While prospective employers, landlords, or other parties may still be able to access a person’s criminal record when performing a background check, they will see that a pardon has been granted, and this may influence their decisions. The process for seeking a pardon can be complicated, but those who receive clemency may have a second chance and a path toward a brighter future.

How Can a Person Qualify for a Pardon?

Each governor may establish the requirements that convicts will need to meet to be eligible for pardons. Under Governor Evers, the eligibility requirements are:

• The person must have been convicted of a felony. 

• Five years must have passed since the person completed their criminal sentence. This includes a sentence of incarceration, as well as any applicable periods of parole, probation, or community supervision.

• The person must not currently be required to register as a sex offender.

Applications for pardons may be submitted to the Pardon Advisory Board. The Board will review applications, hold hearings, and submit recommendations to the governor as to whether a pardon may be appropriate. In some cases, applications may be eligible for expedited review, and recommendations may be made without holding hearings. The governor will make the final decision about whether to grant a pardon to an applicant.

Contact Our Milwaukee, WI Pardon Application Lawyers

The process of applying for a pardon can be confusing, and applicants will need to make sure they submit the correct information. At Gimbel, Reilly, Guerin & Brown, LLP, our Milwaukee criminal law attorneys understand the steps followed in the pardon process, and we work with people who are applying for pardons to ensure that they can receive clemency. To learn how we can assist with pardons or other criminal matters, contact us at 414-271-1440 and arrange a consultation.

Sources:

Evers pardons nearly 160 people, extending state record

https://evers.wi.gov/Pages/pardon-information.aspx

https://docs.legis.wisconsin.gov/misc/lc/issue_briefs/2022/courts_and_criminal_law/ib_pardons_kbo_2022_06_06

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  By: Attorney Jorge Fragoso

Accusations of any type of criminal charges can be troubling, and those who have been arrested and charged with crimes may be unsure about their options for defense. However, charges of homicide, murder, manslaughter, or related offenses can be especially serious, and being accused of these types of offenses can be an incredibly frightening situation. It is important for criminal defendants to understand the laws that address homicide in Wisconsin and the circumstances that can lead to these types of charges. With the help of a skilled and experienced criminal defense attorney, a person can determine the best defense strategies in these situations.

Homicide Charges Under Wisconsin Law

Homicide is a term that refers to the unlawful killing of another person. Under Wisconsin law, there are several different categories of homicide charges, each with its own set of circumstances and potential consequences. These offenses include:

• First-degree intentional homicide – This is the most serious homicide charge in Wisconsin. It may apply in situations where a person is accused of intentionally causing the death of someone else. A person may be charged with first-degree homicide if the act was premeditated or planned. However, defenses against these charges may be based on mitigating circumstances, such as the use of deadly force by a person who believed this was necessary to defend themselves or someone else against death or great bodily harm or to prevent someone else from committing a felony offense. First-degree intentional homicide is a Class A felony, and a person who is convicted may be sentenced to life in prison.

• First-degree reckless homicide – This charge may apply if a person is accused of causing the death of someone else through actions that displayed a complete disregard for human life. First-degree reckless homicide is usually charged as a Class B felony, and it may result in a prison sentence of up to 60 years. In cases where a person is accused of causing someone else’s death due to the manufacture or delivery of controlled substances, such as by selling drugs to someone who then died because of an overdose, the person may be charged with a Class C felony, and if they are convicted, they may be sentenced to up to 40 years in prison and fined up to $100,000.

• Second-degree intentional homicide – This charge may apply if a person is accused of intentionally causing the death of someone else, but there were mitigating circumstances. These circumstances may include acting due to provocation by the alleged victim, acting unreasonably while attempting self-defense or to protect others, or using deadly force to prevent a person from committing a felony. Second-degree intentional homicide is a Class B felony.

• Second-degree reckless homicide – This charge may apply if a person caused someone else’s death through conduct that they knew would put others at substantial risk of death or great bodily harm. Second-degree reckless homicide is a Class D felony, and a conviction may result in a prison sentence of up to 25 years and a maximum fine of $100,000.

• Felony murder – A person may face murder charges if they allegedly caused the death of someone else while committing or attempting to commit a felony, such as battery, sexual assault, false imprisonment, kidnapping, arson, burglary, carjacking, or robbery. A conviction for felony murder can result in up to 15 years being added to a prison sentence for any other felony offenses.

• Homicide by intoxicated use of a vehicle – This offense is sometimes known as “intoxication manslaughter,” and it may apply if a person caused someone else’s death while driving under the influence of alcohol or drugs. This offense is usually charged as a Class D felony, although  Class C felony charges may apply if a person had previously been convicted of OWI or had their driver’s license suspended following a drunk driving arrest.

• Homicide by negligent operation of a vehicle – This offense may apply in situations where a person allegedly caused a car accident that resulted in someone’s death. It is a Class G felony, and a conviction may result in a prison sentence of up to 10 years and a maximum $25,000 fine.

Contact Our Milwaukee Homicide Defense Lawyers

Homicide charges are very serious, and they can lead to severe penalties. If you or someone you know is facing a homicide charge, it is crucial to seek legal counsel immediately. At Gimbel, Reilly, Guerin & Brown, LLP, our Milwaukee, WI murder and manslaughter defense attorneys can provide representation for those who have been accused of serious crimes. We will fight to protect our clients’ rights and ensure that they are treated fairly. To get the defense you need in these situations, contact us at 414-271-1440 and schedule a consultation.

Sources:

https://docs.legis.wisconsin.gov/document/statutes/940.01

https://docs.legis.wisconsin.gov/statutes/statutes/939/iv/50

 

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By: Attorney Chris Strohbehn and Paralegal Ruth Campos

As people grow older, they tend to become more vulnerable to a wide range of physical injuries. Falls are one of the most common causes of injuries among elderly adults. Unfortunately, fall injuries can often be attributed to nursing home neglect or abuse. For family members of nursing home patients, it is crucial to understand when and how fall injuries can occur due to abuse or neglect. Some common issues that can lead to falls in nursing homes include:

Staff Shortages

Understaffing is one of the major causes of nursing home neglect, which can lead to fall injuries and other forms of harm to patients. When there are not enough staff members at a nursing home to properly care of all residents, the chances of falls occurring increases drastically. In many cases, elderly patients need assistance with mobility, and if they do not have someone to assist them, they may try to get up or move about on their own, potentially leading to a fall. Not only does inadequate staffing increase the risk for a resident to injure themselves attempting to move, but it causes other staff members to increase fall risks by moving residents without the proper equipment or number of staff assisting the resident.

Inadequate Staff Training

Nursing home staff members need to undergo extensive training to be able to identify and prevent fall risks. Sadly, some nursing homes cut corners and fail to provide adequate training to their staff members. When staff members are improperly trained and unaware of the risk factors associated with falls, patients are placed at a higher risk of suffering injuries.

Poorly Maintained Facilities

A nursing home can have significant fall risks due to the condition of the facility. For example, slippery floors or uneven surfaces may affect patients’ ability to walk safely through common areas. Issues such as inadequate lighting, furniture clutter, or obstacles in walkways can all cause falls that may lead to serious injuries. Nursing homes are responsible for maintaining a safe environment for their residents, but some facilities neglect this duty.

Lack of Fall Prevention Measures

Nursing homes must have the proper equipment in place to help prevent falls, such as handrails, bedrails, shower and bath equipment, and alarms that alert staff members when a patient needs assistance or has experienced issues that may affect their health and safety. If these preventative measures have not been implemented correctly, the risk of fall injuries can increase significantly.

Medication Errors

In some cases, fall injuries in nursing homes may be related to the medications provided to patients. When nursing home staff members fail to administer medication properly, such as providing patients with the wrong medicines and/or using improper doses, a resident can become disoriented or dizzy, which can significantly increase the chances of dangerous falls.

Patient Abuse

Unfortunately, some nursing homes overlook the well-being of their patients, and this can lead to abuse. Staff members may physically abuse patients, including by hitting or shoving them, or mishandling patients when moving them or providing assistance to them. Physical abuse can lead to dangerous fall injuries, as well as other forms of physical and emotional trauma.

Contact Our Milwaukee Nursing Home Fall Injury Lawyers

Neglect or abuse in nursing homes can result in serious fall injuries that can impact the health and well-being of elderly residents. As a family member of a nursing home patient, it is essential to pay attention to the signs of neglect or abuse. If you recognize them, you can report the incidents to the appropriate authorities, and you can seek justice for the harm your loved one has suffered. At GRGB Law, our Milwaukee, WI nursing home abuse and neglect attorneys can provide the legal help you need in these situations, and we will work to hold a negligent nursing home responsible for your loved one’s injuries. Contact us at 414-271-1440 to set up a free consultation today.

Sources:

https://www.cdc.gov/falls/facts.html

https://pubmed.ncbi.nlm.nih.gov/15530179/

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The choice to end a marriage is rarely easy. Even if a couple is in agreement about the divorce, and both spouses are willing to work together to split amicably, there are numerous issues that will need to be addressed during the divorce process. Some of the most complex issues will be related to the division of marital property, and in addition to determining how ownership of different assets will be addressed, a couple will need to understand how these decisions will impact them financially. Tax-related issues can have a significant impact on both parties’ finances after the divorce is finalized. It is important to carefully consider all tax-related issues when negotiating a divorce settlement to ensure that future financial complications can be avoided. Some tax considerations that couples may need to address during divorce include:

Filing Status

Generally, married spouses who file their taxes jointly have lower tax rates than those who file separately. Because of this, it may be beneficial for a couple to continue to file taxes jointly while they are still legally married. A couple who finalized their divorce on or before December 31 of a given year cannot file a joint return for that year. However, if the couple is still legally married on December 31, they can file a joint return. This may result in savings for both parties. In these situations, it will be important for a couple to understand how any tax refund they receive will be divided or who will be responsible for paying any taxes that are owed.

Tax Deductions and Credits

For parents who are going through divorce, one of the most important decisions to be made relates to which parent will claim children as dependents for tax purposes. Only one parent may claim a child as a dependent, which will allow them to receive tax credits and reduce the amount of taxes they pay. In many cases, the custodial parent—the parent with whom the child resides for more than half of the year—will be able to claim the child as a dependent. However, parents may agree to other arrangements. If parents have multiple children, each parent may claim one child as a dependent. Parents may also agree to alternate claiming one or more children as dependents each year. Parents should also be aware of other child-related tax credits they can claim, such as credits for childcare expenses.

Retirement Accounts

In some cases, retirement accounts or benefits owned by spouses can pose tax-related issues during divorce. Accounts such as 401k’s or IRAs may be divided between spouses. However, due to the tax-deferred nature of these accounts, withdrawals before the account holder reaches retirement age may result in taxes and penalties being applied. To avoid this, a Qualified Domestic Relations Order (QDRO) can be used to make tax-free withdrawals and transfers. QDROs can be complicated, and spouses will want to be sure to work with an attorney who can ensure that they are created and executed correctly. 

Contact Our Milwaukee, WI Divorce Lawyers for Tax Issues

The divorce process can be challenging, and it is essential for spouses to understand the legal and financial issues they will need to address. At GRGB Law our Milwaukee divorce attorneys can help you navigate the legal complexities and the financial concerns that will affect you as you work to dissolve your marriage. We can advise you on what tax issues you will need to address, and we can also work with financial experts to ensure that these matters will be handled correctly. To set up a free consultation, contact us today at 414-271-1440.

Sources:

https://www.bnymellonwealth.com/insights/eight-critical-tax-considerations-for-divorcing-couples.html

Divorce and Tax Considerations

https://www.forbes.com/sites/heatherlocus/2022/05/20/critical-tax-facts-in-divorce/

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By: Attorney Jorge Fragoso

Many people in Wisconsin enjoy drinking beer and other alcoholic beverages. Unfortunately, this leads some to get behind the wheel after they have had too much to drink. The use of other substances, such as marijuana, prescription drugs, or illegal narcotics, can also impair a person’s ability to drive safely. Driving under the influence of alcohol or drugs is a serious offense in Wisconsin, and it is referred to as Operating While Intoxicated or OWI.

For individuals who get behind the wheel while intoxicated and cause an accident resulting in injury or death, the consequences can be severe. A driver who caused a crash because they were intoxicated may face various criminal charges, and a conviction may result in multiple types of serious penalties, including jail time, large fines, the loss of a driver’s license, and damage to their reputation and their ability to find a job in the future. By understanding the criminal charges a person may face if they drive drunk and cause an accident resulting in injury or death, Wisconsin residents can work with an attorney to determine their options in these situations.

Injury by Intoxicated Use of a Vehicle

Wisconsin prohibits the operation of a motor vehicle such as a car, truck, or motorcycle by anyone who has a blood alcohol content (BAC) of .08 percent or higher, as well as anyone with an illegal or restricted controlled substance in their system or anyone who is under the influence of an intoxicating substance that has affected their ability to drive safely. While OWI on its own may result in a fine, license suspension, or misdemeanor charges, the penalties will increase significantly if a person causes great bodily harm to someone else because they were driving while intoxicated.

The offense of injury by intoxicated use of a vehicle may apply if a person was over the legal BAC limit, if they had any detectable amount of a controlled substance in their blood, or even if they had a BAC that was lower than the legal limit but was between .04 and .08 percent. “Great bodily harm” may include any injuries that put a person at risk of being killed, as well as injuries that result in permanent disfigurement. If an accident caused one or more people to suffer great bodily harm, a driver who was under the influence of alcohol or drugs may be charged with a Class F felony. If they are convicted, they may face a sentence of up to 15 years in prison and a fine of up to $50,000.

Homicide by Intoxicated Use of a Vehicle

Even though a fatal accident was most likely not intentional, a person who caused this type of accident due to intoxication may face homicide charges. Causing the death of someone else, including an unborn child, through the operation of a vehicle while under the influence may result in Class D felony charges, and a person who is convicted could face a prison sentence of up to 25 years and a fine of up to $100,000. If a person had previously been convicted of OWI or another offense involving intoxicated driving, they may be charged with a Class C felony, which carries a sentence of up to 40 years in prison and a maximum $100,000 fine.

Wisconsin law states that a person convicted of homicide by intoxicated use of a vehicle will be required to serve a bifurcated sentence that consists of a prison sentence followed by a period of community supervision or probation. The minimum term of a prison sentence is five years in most cases.

Additional Penalties

In addition to criminal charges, a person charged with OWI resulting in injury or death may also face civil lawsuits. Victims or their families can sue for damages related to medical expenses, lost wages, and pain and suffering. These lawsuits can result in significant financial consequences for the accused. A person may also face penalties such as license revocation, mandatory alcohol or drug treatment, and community service. The severity of these penalties will depend on the circumstances of the case and the individual’s criminal history.

Contact Our Milwaukee OWI Injury Defense Lawyers

OWI resulting in injury or death is a serious offense in Wisconsin. It is important to understand the potential consequences you could face in these situations, and legal representation can be crucial if charges are filed. By working with an experienced Milwaukee, WI OWI attorney at GRGB Law, you can work towards a favorable outcome to your case and determine whether you can avoid severe financial and criminal penalties. To learn more about how we can assist with these matters, contact us at 414-271-1440.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/940/ii/25

https://docs.legis.wisconsin.gov/statutes/statutes/940/i/09

https://docs.legis.wisconsin.gov/statutes/statutes/939/iv/50

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When parents choose to get a divorce, they will usually be looking to avoid disruptions to their children’s lives as much as possible. As parents address issues related to child custody, they will make many decisions addressing how they will cooperate to address parenting issues going forward and when children will live with each parent. To provide stability and ensure that the children’s interests are protected, Wisconsin law requires divorcing parents or unmarried parents who are addressing child custody issues to create a parenting plan. It is important for parents to understand how issues related to parenting plans will be handled and what must be included in these agreements.

Understanding Parenting Plans

A parenting plan is a written agreement between two parents who are getting divorced or separating. The purpose of this document is to provide clarity regarding the rights and responsibilities of each parent in regard to raising their children. It will also address issues related to physical placement (also known as visitation), as well as communication between parents, transportation for children, and other child-related concerns. The goal of creating a parenting plan is to make sure that parents will be able to work together to provide for their children’s best interests.

In Wisconsin divorce and child custody cases, the court will typically order parents to use mediation to attempt to resolve any outstanding disputes and reach agreements on how matters will be handled going forward. Ten days or more before the first scheduled mediation session, each parent must submit a proposed parenting plan to the mediator. If parents cannot resolve certain issues through mediation, or if the requirement to use mediation is waived by the court, each parent must submit their proposed parenting plan within 60 days.

What Is Included in a Parenting Plan?

A parenting plan details how multiple issues related to parents and children will be handled. It should detail how legal custody for children will be handled, including by stating whether joint or sole custody will apply. If necessary, the authority to make decisions in the areas of education, choice of childcare providers, extracurricular activities, non-emergency healthcare, or other issues may be shared jointly or granted solely to one parent.

Physical placement will be addressed by specifying whether parents will have equal time with children or whether one parent will have primary physical custody. A parenting plan will detail a schedule specifying when the children will live or stay in each parent’s home or spend time with parents in other locations on a daily/weekly basis. Multiple holidays or vacation days will also be addressed, including Mother’s Day, Father’s Day, Memorial Day, the Fourth of July, Labor Day, Halloween, Thanksgiving, Christmas, New Year’s, children’s birthdays, parents’ birthdays, spring break, summer vacation, and any other important days. If physical placement is divided such that children will be spending less than 25 percent of their time with one parent, a parenting plan should state why this arrangement would be in the children’s best interests.

Other issues addressed in a parenting plan will include where children will receive child care, how transportation will be handled when parents transfer children, where children will go to school, which doctors will provide care for children, the choice of religion (if any), appropriate forms of communication between parents and children, and whether certain types of “variable costs” will be required, such as school fees and supplies, transportation expenses, clothing, activities, and other day-to-day expenses. A plan should also detail the methods parents may use to resolve any child-related disputes that they may encounter at a later date.

Contact Our Experienced Milwaukee, WI Parenting Plan Lawyers

Creating a parenting plan is an essential step for any couple who are going through a divorce or addressing child custody issues in Wisconsin. If you have questions about creating a parenting plan, GRGB Law can help you understand your rights and explain your options. Our Milwaukee child custody attorneys can help you resolve disputes and protect your children’s best interests. Contact us at 414-271-1440 to arrange a complimentary consultation and get the legal help you need.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/767/v/41/1m

https://www.wicourts.gov/formdisplay/FA-4147V.pdf?formNumber=FA-4147V&formType=Form&formatId=2&language=en

https://docs.legis.wisconsin.gov/document/statutes/767.405(8)

 

 

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By: Attorney Chris Strohbehn

Being involved in a car accident can be an overwhelming experience, but a situation may be even more challenging when the other driver is a teenager. Teen drivers are known for being inexperienced and sometimes reckless, which can result in serious accidents with severe consequences. If you have found yourself in this unfortunate situation, you may be wondering about your options for seeking compensation and ensuring that you will be able to move forward successfully. Fortunately, there are several steps you can take to protect yourself, pursue compensation for your injuries, and potentially make the roads safer for everyone.

Understanding the Teen Driver’s Liability

It is important to know that, regardless of age, all drivers have the duty to exercise reasonable care while operating a motor vehicle. This includes obeying traffic laws, being attentive to the road, maintaining proper control of their vehicle, and adapting to various conditions. If a driver fails to take this level of care and an accident occurs, they may be found negligent and held liable for any resulting damages. When it comes to teen drivers, the legal concepts of negligence and liability apply just as they would to any other driver. Following an accident, it is important to gather as much evidence as possible, such as witness accounts, photographs of the scene, and police reports, to establish the teen driver’s liability.

Communicating With the Teen Driver’s Insurance Company

Depending on the specifics of the accident and the coverage provided by the teen driver’s policy, their insurance company may choose to settle the claim, or it may attempt to deny coverage. When making a claim, be prepared to provide detailed information about the accident, the damages you sustained, and the expenses incurred as a result. Before contacting an insurance company, including your own insurer, it is usually a good idea to consult with a personal injury attorney to ensure that you receive a fair settlement from the insurance company.

Exploring the Role of the Teen Driver’s Parents

In some cases, the parents of a teen driver may be held liable for their child’s negligent actions. This can happen if the parents provided the teen with a vehicle or otherwise enabled their reckless behavior. Parental liability may be possible under legal theories such as negligent entrustment or vicarious liability. If you believe the parents of the teen driver bear some responsibility for the accident, be sure to discuss this with your lawyer, as it may impact your legal strategy.

Assessing the Possibility of Shared Fault

Car accidents can be complex events, and one party is not always solely responsible. In some cases, multiple parties may have contributed to the accident, and this can impact the compensation you may be entitled to. In Wisconsin, comparative negligence laws allow you to pursue compensation as long as you were 50 percent or less responsible for the accident. Your potential compensation may be reduced by your percentage of fault, so it is crucial to speak with a lawyer who can help you build a strong case to demonstrate each party’s level of fault.

Seeking Compensation Through a Personal Injury Lawsuit

If the insurance company refuses to offer a fair settlement, or if the parents of the teen driver are found to be liable, pursuing a personal injury lawsuit may be your best option for obtaining compensation. A personal injury lawsuit allows you to seek damages for medical expenses, lost wages, pain and suffering, and other losses. To ensure that your case is presented in the best possible light, you can work with an experienced personal injury attorney who can guide you through the legal process and advocate for your interests.

Contact Our Milwaukee Teen Driver Car Accident Lawyers

As you pursue your options following an accident with a teen driver, it is important to remember that knowledge is power. Understanding the legal concepts at play and knowing how to navigate potential complications can help put your mind at ease and maximize your chances of receiving compensation. At GRGB Law, our Milwaukee, WI car accident attorneys can provide you with guidance in these situations, and we can work with you to ensure you take the correct steps to pursue the compensation you need and deserve. Contact us at 414-271-1440 to set up a consultation today.

Sources:

https://www.cdc.gov/transportationsafety/teen_drivers/teendrivers_factsheet.html

https://docs.legis.wisconsin.gov/statutes/statutes/895/i/045

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