Wisconsin Questions & Answers by Practice Area
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Wisconsin Questions & Answers
Q: Can a judge deny expungement due to a failed drug test during probation?
1 Answer
| Asked
in
Criminal Law, Appeals / Appellate Law and Libel & Slander
for
Wisconsin
on
Answered on Apr 19, 2018
Answered on Apr 19, 2018
William F Sulton Esq.'s answer
The law is that you must successfully complete your probation. That differs from whether you were revoked. But given that you were not revoked, I have question about why your case ended up back in front of a judge. Expungement is supposed to happen automatically when the clerk of court receives paperwork from the probation office. Because you were not revoked, I wonder why clerk of court did not expunge the record. It sounds like a mistake on the clerk's part.
The law is that you must successfully complete your probation. That differs from whether you were revoked. But given that you were not revoked, I have question about why your case ended up back in front of a judge. Expungement is supposed to happen automatically when the clerk of court receives paperwork from the probation office. Because you were not revoked, I wonder why clerk of court did not expunge the record. It sounds like a mistake on the clerk's part.
Q: I was on probation at the time I applied for employment. I was denied because of my criminal background. Is this ok.
William F Sulton Esq.'s answer
Sections 111.321 and 111.322(1) of the Wisconsin Statutes prohibit employers from denying opportunities because of an arrest or conviction record. The facts you describe violate those prohibitions.
Sections 111.321 and 111.322(1) of the Wisconsin Statutes prohibit employers from denying opportunities because of an arrest or conviction record. The facts you describe violate those prohibitions.
Q: i was on probation and taken to a police department, and was asked to take a voice detection test(like a polygraph)
Timothy Denison's answer
If you were read your rights and you declined a lawyer prior to taking the voice detection test, then it will most likely stand up. If you were not Mirandized prior to taking the test, then it should have been raised and challenged in the prosecution of your case
If you were read your rights and you declined a lawyer prior to taking the voice detection test, then it will most likely stand up. If you were not Mirandized prior to taking the test, then it should have been raised and challenged in the prosecution of your case
Q: For a second DUI can you get an IID instead of a suspended license?
Aaron W Schenk's answer
Unfortunately, if you get convicted, you are looking at a drivers’ license revocation And an IID. I highly recommend that you seek counsel to help you with this matter.
Unfortunately, if you get convicted, you are looking at a drivers’ license revocation And an IID. I highly recommend that you seek counsel to help you with this matter.
Q: I need assistance in understanding a legal document
Nathan DeLadurantey's answer
Get a copy of the documents to a consumer lawyer - most of them in Wisconsin offer free consultations. They'll be happy to answer your questions.
Get a copy of the documents to a consumer lawyer - most of them in Wisconsin offer free consultations. They'll be happy to answer your questions.
Q: What do I do if sellar won't sign release of contract for home inspection failure?
William F Sulton Esq.'s answer
You could file a lawsuit for a declaration stating that the sale is null and void. But that seems unnecessary in this circumstance. You can probably just walk away from the deal. It happens everyday.
You could file a lawsuit for a declaration stating that the sale is null and void. But that seems unnecessary in this circumstance. You can probably just walk away from the deal. It happens everyday.
Q: What is the best way for an adult child to buy her mother's house? Mother is in assisted living, house is paid off.
William F Sulton Esq.'s answer
Your mother can transfer the property to you at any time by signing a deed. She could also use a will or trust.
Your mother can transfer the property to you at any time by signing a deed. She could also use a will or trust.
Q: I have been suspended from my job pending an investigation but my employer will not tell me what it’s about?
William F Sulton Esq.'s answer
It does not sound like you need a lawyer at this point in time. Many employers would refuse to allow attorney representatives in an interview about an internal matter. If you are an at will employee, that could result in termination. The best advice I can provide is to request your employment file before you are interviewed.
It does not sound like you need a lawyer at this point in time. Many employers would refuse to allow attorney representatives in an interview about an internal matter. If you are an at will employee, that could result in termination. The best advice I can provide is to request your employment file before you are interviewed.
Q: My tenants want to leave. I agreed to let them out of the lease but they refuse to leave in a timely fashion. What now?
William F Sulton Esq.'s answer
You have a coupe of options. One is to file an eviction action for unlawfully holding over. Another is to hold the tenants to the terms of the original lease agreement.
You have a coupe of options. One is to file an eviction action for unlawfully holding over. Another is to hold the tenants to the terms of the original lease agreement.
Q: Could my 4th Amendment rights have been violated?
William F Sulton Esq.'s answer
More information is needed to provide meaningful advice. You cannot be arrested for (or charged with) possession of prescription medication without having a valid prescription absent probable cause. So unless you had a large number of pills or confessed, it would ordinarily be difficult to get to probable cause.
It sounds like you were stopped for the purpose of investigating cocaine possession. Without knowing what the tip precisely said, it is difficult to evaluate whether the police...
More information is needed to provide meaningful advice. You cannot be arrested for (or charged with) possession of prescription medication without having a valid prescription absent probable cause. So unless you had a large number of pills or confessed, it would ordinarily be difficult to get to probable cause.
It sounds like you were stopped for the purpose of investigating cocaine possession. Without knowing what the tip precisely said, it is difficult to evaluate whether the police...
Q: Got married in Italy, trying to get a divorce and solve child support issues. International lawyer needed
1 Answer
| Asked
in
Child Custody, Child Support, Divorce and International Law
for
Wisconsin
on
Answered on Apr 4, 2018
Answered on Apr 4, 2018
Richard Sternberg's answer
I don't mind the work, but I'm willing to bet before interviewing and researching it that the non-custodial spouse is in a country that is a signatory of the Hague Convention. You need a lawyer in the jurisdiction where the custodial parent and the children live. The child support formula of that jurisdiction will be used in reaching a judgment, and the country where the non-custodial parent lives will enforce it. Sometimes.
I don't mind the work, but I'm willing to bet before interviewing and researching it that the non-custodial spouse is in a country that is a signatory of the Hague Convention. You need a lawyer in the jurisdiction where the custodial parent and the children live. The child support formula of that jurisdiction will be used in reaching a judgment, and the country where the non-custodial parent lives will enforce it. Sometimes.
Q: Is a LLC liable for injuries caused by it's uninsured vehicle driven by the owner of the LLC in Wisconsin?
1 Answer
| Asked
in
Personal Injury, Car Accidents, Civil Litigation and Small Claims
for
Wisconsin
on
Answered on Mar 16, 2018
Answered on Mar 16, 2018
Emmanuel Muwonge's answer
I believe that the LLC may be or may not be liable for injuries caused by its uninsured vehicle driven by the owner of the LLC in Wisconsin. First, whether the vehicle is insured has nothing to do with the liability question. Rather, liability for the accident and accompanying injuries is a function of the conduct of the actors involved, in this case, the owner or shareholder. Your question is phrased in such a way that it may or may not mean that there is only one owner. I assume that there...
I believe that the LLC may be or may not be liable for injuries caused by its uninsured vehicle driven by the owner of the LLC in Wisconsin. First, whether the vehicle is insured has nothing to do with the liability question. Rather, liability for the accident and accompanying injuries is a function of the conduct of the actors involved, in this case, the owner or shareholder. Your question is phrased in such a way that it may or may not mean that there is only one owner. I assume that there...
Q: There's a guy messaging me saying vulgure things about my fiance ...i asked him to stop and he wouldn't what should I do
1 Answer
| Asked
in
Criminal Law, Communications Law and Sexual Harassment
for
Wisconsin
on
Answered on Mar 10, 2018
Answered on Mar 10, 2018
Stephen Pleck Johnson's answer
There are many avenues for you to try, most not really requiring a lawyer. You do not want to intensify the situation. You could try getting a harrassment injunction in Wisconsin--see your Clerk of Courts. You could call the police or sheriffs dept. There is a fine for telephone harassment. i don't know about emailing. Better course would be change your phone number or account and of course never answering the comments. I would seek some sort of counselor on the best course for you.
There are many avenues for you to try, most not really requiring a lawyer. You do not want to intensify the situation. You could try getting a harrassment injunction in Wisconsin--see your Clerk of Courts. You could call the police or sheriffs dept. There is a fine for telephone harassment. i don't know about emailing. Better course would be change your phone number or account and of course never answering the comments. I would seek some sort of counselor on the best course for you.
Q: Customer wants his cash deposit back after 1.5 years
Salim U. Shaikh's answer
His claim of refund is time barred surfacing after a year or so. Let him go in small claims court and prove his claim / refund after a year. As you explained that you ordered material, as per his requirement, waited for him, kept in store for a long time and then used it after waiting for a long time. Signed contract or no contract is not the issue rather every transaction has certain limitations.
His claim of refund is time barred surfacing after a year or so. Let him go in small claims court and prove his claim / refund after a year. As you explained that you ordered material, as per his requirement, waited for him, kept in store for a long time and then used it after waiting for a long time. Signed contract or no contract is not the issue rather every transaction has certain limitations.
Q: Awarded house in divorce, no $ owed to ex. Cannot get them to sign Quit Claim Deed. Can judge sign deed in ex's place?
William F Sulton Esq.'s answer
Your question is unclear. If you have an order awarding the house to you, you do not need the ex to sign. You can simply extinguish the ex’s interest and have another deed recorded on the property.
Your question is unclear. If you have an order awarding the house to you, you do not need the ex to sign. You can simply extinguish the ex’s interest and have another deed recorded on the property.
Q: Unfair break practices at work. People getting paid for taking their breaks and people not getting paid
Salim U. Shaikh's answer
May depend on the nature or job. Employer may have different arrangements with that particular employee which makes him eligible for payment. However, this arrangement is subject to discussion with employer and request for equal opportunity on rotational basis.
May depend on the nature or job. Employer may have different arrangements with that particular employee which makes him eligible for payment. However, this arrangement is subject to discussion with employer and request for equal opportunity on rotational basis.
Q: I inherited an antique car from my grandfather. In Wisconsin,is this even considered property to split?
Sallie Leigh Rubenzer's answer
It is not. In Wisconsin gifted and inherited property is not included as divisible marital property.
It is not. In Wisconsin gifted and inherited property is not included as divisible marital property.
Q: I was in an an accident where I was found at fault. I had no insurance so now I owe State Farm. How to settle this?
Emmanuel Muwonge's answer
You may contact the lawyer whose name appears on the paperwork regarding the judgment taken against you. You may also contact State Farm directly requesting they tell you who you need to speak with regarding a judgment taken against you. If the judgment was taken in Small Claims Court, contacting that lawyer who represented them in Small Claims Court is the best way because he or she would be a Collections lawyer able and willing to talk dollars and cents. You must, however, make sure that you...
You may contact the lawyer whose name appears on the paperwork regarding the judgment taken against you. You may also contact State Farm directly requesting they tell you who you need to speak with regarding a judgment taken against you. If the judgment was taken in Small Claims Court, contacting that lawyer who represented them in Small Claims Court is the best way because he or she would be a Collections lawyer able and willing to talk dollars and cents. You must, however, make sure that you...
Q: Why aren't there any federal laws that protect all animals?
Emmanuel Muwonge's answer
The Act you took issue with was not intended to regulate how animals are used for research purposes, but only to set standards for how they are obtained and maintained at a facility
APHIS's Animal Care (AC) program oversees the AWA, which includes about 10,300 facilities. These AC officials make unannounced facility inspections to ensure they are in compliance with regulations, and to identify unregistered facilities. If you are interested in the enforcement of standards governing how...
The Act you took issue with was not intended to regulate how animals are used for research purposes, but only to set standards for how they are obtained and maintained at a facility
APHIS's Animal Care (AC) program oversees the AWA, which includes about 10,300 facilities. These AC officials make unannounced facility inspections to ensure they are in compliance with regulations, and to identify unregistered facilities. If you are interested in the enforcement of standards governing how...
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