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Recent Blog Posts
Reliable and Accurate Forensic Testing at Risk Under Attorney General Sessions
Several of my law firm colleagues and I, as well as others in the criminal defense bar in Wisconsin, regularly deal with DNA and other trace forensic evidence. The need for accurate and reliable forensic testing by law enforcement and state crime labs is critical, as our criminal clients’ lives and freedom is at stake. Testing methods, procedures and test results should be subject to independent peer review, common standards and certification. Just as important, forensic evidence testing and expert opinions about the results and what it means should be based on valid scientific and statistical principles, not outmoded theories, junk science or subjective statistics.
Conditions That Lead to Truck Rollover Accidents
Due to their large sizes and heavy loads, semi-trailer trucks can present a major danger to other vehicles using the road. Even drivers and passengers in the largest SUVs or luxury cars with top-of-the-line safety features are likely to be injured in truck accidents, and this is especially true in cases when 18 wheeler trucks overturn.
According to the National Highway Traffic Safety Administration (NHTSA), there are more than 1,300 tanker truck rollover accidents in the United States every year, as well as 500 rollover accidents involving other large trucks. Fatalities result from 60 percent of these accidents.
If you have been in an accident involving the rollover of a large truck, you should note any details that could be used to explain the cause of the rollover, which can help establish liability for the accident and aid in recovering compensation for your damages.
Should I Sign a Prenuptial Agreement Before My Wedding?
Getting married can be a complicated, overwhelming process. As couples plan their wedding, they have several requirements that must must be met. Along with finalizing the guest list, putting down a deposit on the venue, and hiring a photographer, one item that appears on more and more wedding checklists is “Sign the prenup.”
Planning for a divorce before a wedding takes place may seem to be in poor taste, but the fact remains that nearly half of all marriages end in divorce. Therefore, you may want to ensure you are protected in the event your relationship breaks down in the future. However, before you sign a prenuptial agreement, make sure that the agreement fits your needs.
When a Prenuptial Agreement is a Good Idea
A prenuptial agreement (also known as a premarital agreement) is a legal contract between couples that specifies what will happen when their marriage ends—whether because of divorce, legal separation, or the death of a spouse.
What Qualities Should I Look for in a Criminal Defense Lawyer?
If you have been arrested and charged with a crime, you may be unsure of your rights, the legal options available to you, and the next steps you should take. In these cases, it is essential to have a legal advocate on your side to protect your rights and advise you of your options for defense. However, not every criminal defense attorney will be right for you.
Before hiring an attorney, make sure that you are comfortable with the individual and that he or she can provide you with the best legal assistance for your situation.
Consider the following qualities to look for when choosing a defense lawyer:
- Compassion - A good attorney will understand the difficulties you are going through when facing criminal charges and will approach your situation in a non-judgmental manner. Moreover, he or she should be understanding if you are facing charges for sensitive crimes such as domestic violence or sexual assault and will provide guidance with regard to how to approach your case in a way that will lessen the impact on your personal and professional reputation.
Am I Required to Provide Aid After a Car Accident?
A car accident is a distressing experience for drivers and their passengers as well as any pedestrians who are involved and even for witnesses and bystanders. Whether a collision is a minor bump or a major fender bender, injuries often occur. Additionally, people are often unsure about whether they should offer medical assistance or wait for an ambulance or other medical professional. In these situations, drivers, passengers, and anyone else at the scene of the accident should understand their rights and their responsibilities toward people who are injured.
The Duty to Provide Assistance
Under Wisconsin law, the operator of a vehicle that is involved in a car accident is required to provide “reasonable assistance” to anyone who was injured in the accident. This assistance can include calling emergency services or, if requested, providing transportation to a doctor or hospital for medical treatment.
Steven Avery Denied a New Trial
By James Lewis
This week Circuit Court Judge Angela Sutkiewicz of Sheboygan County considered whether to grant a new trial in the Steven Avery case; a case that captured the country’s attention with the popular Netflix series, “Making a Murderer.” The case centers on the alleged rape and murder of Teresa Halbach. The Netflix mini-series highlights the unusual police investigation and trial that resulted in Avery being convicted and sentenced to life in prison. However, the newest development that is not documented in the mini-series is the court’s denial of Avery’s motion for a new trial. As grounds for the denial, the court held that Avery ignored a procedural rule that requires a defendant to prove new evidence was not available in previous post-conviction motions.
This latest motion for a new trial is Avery’s second attempt to have a jury re-hear the case. Avery’s attorney argued that developments in DNA testing and ballistic forensics constituted “new evidence” under Wisconsin law and required the court to grant a new trial. The court’s denial of Avery’s motion for a new trial addressed three specific claims of “new evidence.”
The Division of Marital Assets and Debt During Divorce
Dividing marital property and debts is one of the key tasks in a divorce. Property division can be complex and contentious if many types of assets and debts are involved and the parties do not agree on how to split community property.
Determining Community Property
Wisconsin is a community property state. This means that any assets or debts acquired during the the course of the marriage (or acquired after the married couple moves to Wisconsin) belong to both spouses. Assets can include income earned by either party, investment and retirement accounts, and any property purchased regardless of whose name is on the title.
If you have a valid prenup, the size of the community property may be more limited. Additionally, there may be property that is considered separate property and is owned by only one spouse.
Drug Paraphernalia Possession Charges in Wisconsin
If the State issues charges against you for drug paraphernalia, you may wonder how severe of consequences you face, especially if police did not find drugs on your person. Wisconsin law typically considers possession of drug paraphernalia a misdemeanor. Although a misdemeanor is not considered as serious as a felony charge,, you may still face jail time and any conviction could have consequences for you later in life. Further, Wisconsin classifies any drug paraphernalia possession that relates to methamphetamine use as a felony.
It is critical that you fight a charge of drug paraphernalia possession. Convictions like these can follow people as they attempt to get employment, housing, or an education. If you have other convictions on your record, a drug paraphernalia conviction could be used to show that you have a history of disregarding the law.
Slip-and-Fall Accidents: Winter Weather Awareness
Winter weather presents a renewed set of slip-and-fall hazards for the public. Snow, ice, and melted water have all been known to cause serious slip-and-fall accidents leading to significant injuries.
Not every slip-and-fall accident will result in liability on the part of a property owner or in a lawsuit, and your case should be brought expeditiously to a personal injury attorney for evaluation.
Hazards that Appear in Winter
Some causes of slip-and-falls are not dependent on the weather—loose or missing handrails, poor lighting, and unmarked deviations in floor levelness. However, other causes crop up in the winter only, and they include:
- Snow. Property owners and managers are required to keep walkways clear of snow so that foot traffic can safely traverse the area.
How Can an Estate Planning Attorney Help Me Review a Loved One's Trust?
Trusts are a common way to transfer property to family, friends, and charitable organizations. Many people opt to use a trust instead of a will for the distribution of their estates after death.
Trusts are unique from wills. Instead of leaving certain property to heirs, the assets are held and managed by a trustee who will, over time, distribute the assets or the proceeds from the assets to the trust beneficiaries.
While people may be drawn to trusts to avoid the costly and time-consuming probate process utilized in the cases of wills, issues can still arise with regard to trusts. There are numerous types of challenges someone may try to bring in court that could affect your ability to collect from a trust.
