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Recent Blog Posts
Gov. Evers Declares New Public Health Emergency Regarding Face Coverings and Vaccine Distribution
As COVID-19 vaccines are being provided to people throughout the state of Wisconsin, Governor Tony Evers has issued a new emergency order requiring the state's residents to use masks or other face coverings whenever they are indoors or in an enclosed space and around people who are not members of their immediate family. This order comes as part of the state's effort to administer vaccines. Since the supplies of vaccines are limited, health care workers have been given the top priority for vaccinations, and the state has also begun administering vaccines to first responders. People over the age of 65 will be prioritized in the next round of vaccines. By continuing to wear masks and practice social distancing, Wisconsinites can remain safe until everyone has had the chance to be vaccinated. For more information, please visit the state of Wisconsin's COVID-19 web page. Here is Gov. Evers' press release:
Gov. Evers Announces New Public Health Emergency, Issues New Face Coverings Order as State Continues Vaccine Distribution
Adjusting Retirement Plans After a Wisconsin Divorce
Like all other types of marital property, retirement accounts are included in the equal division of assets in a Wisconsin divorce. This often means that those who expected to rely on their spouse’s contributions, or at least combined contributions from both spouses, to fund their retirement will face the difficult prospect of adjusting their retirement plans to account for their new circumstances. However, it is possible to recover from the effects of your divorce with some smart decision-making and strategic planning.
Dividing Retirement Accounts Correctly
One of the best ways to prevent your divorce from having an outsize effect on your retirement is to think carefully about how you will divide the assets in your retirement accounts. If you and your spouse are negotiating the division of property, you may be able to reach an agreement in which each spouse retains the full amount of any retirement account in his or her name, while offsetting differences in value with other assets as necessary.
How Can Nurses Defend Against Disciplinary Action in Wisconsin?
By Nurses provide an invaluable service, especially during a public health crisis like the COVID-19 pandemic. Becoming a registered nurse (RN) or licensed practical nurse (LPN) in Wisconsin requires the dedication of significant time, energy, and money, and it can be concerning to learn that your nursing license may be under threat due to the possibility of disciplinary action. Wisconsin nurses should understand the violations that can result in discipline, as well as their options for defending against allegations of these violations.
Nursing Violations in Wisconsin
Wisconsin’s legal and administrative codes both include a list of actions that can result in disciplinary consequences to a nurse’s license. These violations include:
- Fraud related to a patient’s medical records or billing, or the process of obtaining or renewing a license
Do I Have Grounds to Contest a Will in Wisconsin?
Losing a loved one under any circumstances can be incredibly difficult, and your emotional pain may be all-encompassing, making it difficult to focus on the process of probate, in which the assets of your loved one’s estate are distributed to their heirs and beneficiaries. However, if you suspect that there is something wrong with your loved one’s last will and testament, it may be important to find the energy and focus to take legal action to contest it. Fortunately, a probate litigation attorney can help you handle the complications of this process, relieving much of your personal stress.
Reasons to Contest a Will
It is important to note that in Wisconsin, not just anyone has the standing to contest a will. In order to pursue a will contest, you usually must be named as a beneficiary in the current will or a previous version of the decedent’s will, or you must have a relationship to the decedent that would entitle you to inheritance through intestate succession, the process that takes place when a person dies without a will.
What Types of Crimes Can Result in Federal Charges?
By Many criminal offenses committed in Wisconsin are handled within the state’s criminal justice system, including crimes related to operating while intoxicated (OWI), many types of property crimes, and violent crimes. However, if an alleged offense violates a federal law, the defendant can instead be tried in federal court. If you have been accused of a federal crime, or if you believe you may be at risk of facing federal charges, your attorney can help you understand what to expect.
Examples of Federal Offenses
There are many different kinds of offenses for which a person may face federal charges, but some of the most common include:
- Federal drug crimes: Some drug-related offenses can be charged as federal crimes, including drug trafficking and distribution, drug manufacturing, and drug possession with intent to distribute. Larger drug operations and those that cross state lines or international borders are more likely to face federal charges, as well as those who provide drugs to minors.
When Should I Get a Prenuptial Agreement in Wisconsin?
Asking your partner to get a prenuptial agreement can make for an awkward conversation. Before you take this difficult step, it is a good idea to consider whether a prenup actually makes sense for your personal situation. Not every couple needs a prenuptial agreement, but there are situations where one can be beneficial. If a prenup will help to protect your financial interests and give one or both partners greater peace of mind, it may be worth the initial awkwardness.
What Can a Prenuptial Agreement Include?
What is commonly known as a prenuptial agreement is called a "marital property agreement" under Wisconsin law, and it is actually possible to create one either before or during your marriage. As the name suggests, the primary purpose of such an agreement is to clarify matters involving property and finances. Some of the things that a Wisconsin prenuptial agreement can address include:
- Each partner’s ownership and rights to manage and control certain properties.
Drunk Driving During the Holidays: How Can I Hold a Drunk Driver Accountable for My Injuries?
In addition to being a criminal offense in Wisconsin, driving under the influence of alcohol is one of the clearest examples of negligence that can justify compensation in a civil personal injury lawsuit. Drunk driving can happen especially often during the holidays. If you or a loved one has been in a car accident with a drunk driver, your injuries may be severe, and an attorney can help you take the necessary steps to recover compensation for your losses.
What Makes Drunk Driving Dangerous?
According to the National Highway Traffic Safety Administration (NHTSA), alcohol impairs a driver’s physical and mental abilities in many ways, and the effects increase as more drinks are consumed. Among other things, alcohol affects:
- Judgment
- Alertness
- Focus and concentration
When Can I Modify My Child Custody and/or Placement Agreement in Wisconsin?
When you are getting a divorce, arriving at an agreement on the legal custody and physical placement of your children can be a challenging process as you try to prioritize your children’s best interests while balancing the needs of both parents. It is not uncommon for this process to continue even after the issuance of your child custody order, as the needs of everyone involved may change in the years following your divorce. If you find that the original order is no longer feasible or desirable, it may be time to pursue a modification.
When Can Custody and/or Placement Be Legally Modified?
In most cases, a Wisconsin child custody/placement order cannot be modified for the first two years after it is issued. However, you may be able to make the case for an early modification if you can demonstrate that circumstances have changed such that the current order is dangerous or harmful to your children. This could be the case if information comes to light regarding the other parent’s abusive behavior, or the behavior of a new romantic partner introduced to the children. The court may also consider a modification to physical placement within two years if it does not substantially change the time that either parent spends with the children.
5 Common Causes of Distracted Driving in Wisconsin
Distracted driving is a major issue throughout the United States, contributing to more than 400,000 injuries and almost 3,000 deaths each year, according to the National Highway Traffic Safety Administration. In Wisconsin alone, distracted driving is a factor in over 24,000 annual car accidents, accounting for roughly 20 percent of all crashes. If you are injured by a distracted driver, understanding some of the common causes of distracted driving may help you make the case for the driver’s negligence.
What Behaviors Lead to Distracted Driving?
A variety of different behaviors can occupy a driver’s eyes, hands, or mental processes in a way that prevents them from fully attending to the task of driving and increases the risk of an accident. Some of the most common issues include:
- Using a cell phone. Phones and other mobile devices are perhaps the most well-known cause of distracted driving. Texting while driving is illegal in Wisconsin, but any form of handheld cell phone use can also be dangerous.
How Can I Assert My Constitutional Rights in a Criminal Proceeding?
Among other things, the United States Constitution’s Bill of Rights provides several protections for those who are facing a criminal arrest or trial. However, in the heat of the moment, it may be hard to know whether your rights are being honored and to ensure that you are taking full advantage of them. Taking the time to learn about your constitutional rights and how to assert them can often help you avoid an arrest or conviction in the event that you have a run-in with law enforcement.
Fourth Amendment Protections from Unreasonable Search and Seizure
The Fourth Amendment protects your person, house, papers, and effects from search and seizure without a warrant or probable cause, and it also states that a warrant must be specific with regard to the property to be searched and the potential items to be seized. There are a few circumstances in which law enforcement is permitted to perform a search without a warrant in Wisconsin, but if an officer attempts to search you or your property, you should always ask to see a warrant first, and you should clearly state that you do not consent to a search without a warrant. If an officer proceeds without a warrant, with an invalid warrant, or in a way that exceeds the scope of the warrant, your attorney can help you challenge the validity of the evidence obtained.
