Wisconsin Questions & Answers by Practice Area


Wisconsin Questions & Answers

Q: I have vehicles in my fathers name but I make the payments directly to the banks. How can I put on means test to pass

1 Answer | Asked in Bankruptcy for Wisconsin on
Answered on Apr 26, 2017

While you have to prove same, if you can show the payments being made and a course of conduct, the Trustee may allow same. It may take a little extra time and documentation including Certifications that you could not get a car in your name due to bad credit. Otherwise, you would need to have them put into your name.
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Q: Is there any liability to a township for not removing snow off of a roadway after four hours?

1 Answer | Asked in Traffic Tickets and Car Accidents for Wisconsin on
Answered on Apr 24, 2017

The law would tend to say you should have anticipated and 1)driven even slower 2) not driven. You should fight the ticket, because you will argue that you were driving way slowly and at that particular location not slowly enough.

Second reason is that a government is given reasonable time to clear snow. Especially in snow states. But that's my view I would suggest if you are interested in a damages case contact a member of the Wisconsin Assn for Justice-=they give free consultations.
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Q: Can I video tape an officer who has stopped me

1 Answer | Asked in Civil Rights and Criminal Law for Wisconsin on
Answered on Apr 24, 2017

The short answer is yes.
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Q: Can the police enter your home looking for someone that is not on your lease with a warrant for them by breaking it in

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Wisconsin on
Answered on Apr 24, 2017

Your question is more complicated than you probably intended it to be. Police may use and act on false information. The real question is a quality of the false information. You should review the application for the warrant at the circuit court that issued the warrant. The application will show whether there was probable cause to believe that the person lived at your residence.
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Q: Under what circumstances can a police officer require a drug test and can i refuse one in the state of WI

1 Answer | Asked in Civil Rights and Criminal Law for Wisconsin on
Answered on Apr 24, 2017

Police officers cannot impose drug tests unless there is a court order.
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Q: Can a local police dept. eavesdrop on a citizen's wi-fi signal, eavesdrop and act on the gleaned information ?

1 Answer | Asked in Civil Rights and Criminal Law for Wisconsin on
Answered on Apr 24, 2017

The law requires a warrant first.
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Q: Is it legal to make a song about killing the president?

1 Answer | Asked in Civil Rights, Constitutional Law, Election Law and Federal Crimes for Wisconsin on
Answered on Apr 24, 2017

The short answer is yes. And you do not need a disclaimer. There are hundreds of songs about killing political figures. There is a different between artistry and threats. And there is a different between speech and true threats. I assume you fall squarely within the artistry and First Amendment categories.
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Q: Can you Carry A karambit knife with a 3.5" blade and a 4" handle total of 7.5" long around in WI? Im not 18.

1 Answer | Asked in Civil Rights, Juvenile Law and Criminal Law for Wisconsin on
Answered on Apr 24, 2017

The short answer is yes. But you will need a permit if you want to conceal it. I should add that I am unaware of any current permit procedure for knifes. So you can only openly carry it at present. You also have to avoid certain places, like schools.
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Q: Can a family member compel me to share a recording of a private conversation with a now deceased family member?

1 Answer | Asked in Family Law, Civil Rights and Libel & Slander for Wisconsin on
Answered on Apr 24, 2017

Maybe. If the recording concerns the estate, it is probably discoverable. If not, then probably not. You can have the judge review the recording in camera (that means outside the presence of the parties to the case). That will solve the embarrassment concerns you have.
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Q: Can a police officer hold a charge against you to make you be an informant

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Wisconsin on
Answered on Apr 24, 2017

Police officers do not charge crimes, prosecuting attorneys do. Police officers do make criminal referrals to prosecuting attorneys. So I assume that is what you mean: the police officer is threatening to make a criminal referral unless you inform. And, yes, a police officer can do that.
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Q: A police officer at my school asked me for my phone, I gave it to him not I'm trying to get it back how do I get it back

1 Answer | Asked in Criminal Law and Civil Rights for Wisconsin on
Answered on Apr 24, 2017

You should file a petition for the return of property with the local circuit court. There is no filing fee for this type of action.
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Q: Is this libel? "I would hate to see Mulligan Restorations butcher your historic home the way he butchered mine."

1 Answer | Asked in Libel & Slander for Wisconsin on
Answered on Apr 24, 2017

In order to prevail on a defamation claim (written defamation is called libel; verbal defamation is called slander), the statements have to be false. If the statements are true, then it is not defamation. However, you likely signed a settlement agreement that has confidentiality and non-disparagement clauses. Your statement would be violation of those clauses.
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Q: If a Large civil suit was filed while a small claim with similar claims in part was being heard

1 Answer | Asked in Civil Litigation for Wisconsin on
Answered on Apr 24, 2017

If the small claims case was dismissed with prejudice, the large claims case is likely frivolous.
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Q: Verbal agreement with a coworker: I would pay $75 per month to be on his data plan. Can he sue me for overage fees?

1 Answer | Asked in Civil Litigation and Small Claims for Wisconsin on
Answered on Apr 24, 2017

You should not be worried. The coworker could have avoided the overage fees by switching to plan that allowed for more data. You could also argue that the coworker caused the overages and breached the agreement by revoking your access.
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Q: I signed a lease four days ago. The rental company didnt sign the lease. Can I get out of the lease?

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Answered on Apr 24, 2017

Yes. You should advise the landlord in writing that you are withdrawing your acceptance.
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Q: How many days eviction notice do my roommates need to give me if I'm not on the lease?

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Wisconsin on
Answered on Apr 24, 2017

You are a tenant at-will. That means that your tenancy may be terminated upon proper notice. 3 days is not proper notice. It also sounds like you are a sub-leaser. Most lease agreements prohibit sub-leasing without notice to the landlord. So the other tenants would have a difficult time suing you for violating a contract that they are also violating.
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Q: We had a verbal rent to own agreement, now our landlord tells us we have 30 days to vacate. Is this legal?

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Answered on Apr 24, 2017

Probably. The general rule is that contracts concerning real estate must be in writing to be enforceable in court. More information needs to be provided, if you want to try to take advantage of one of stringent exceptions.
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Q: Can a landlord require we pay him an extra months rent for not giving him a 60 day notice?

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Answered on Apr 24, 2017

The short answer is no. You should be concerned about your security deposit. A landlord that acts like that may try to unjustly keep the security deposit.
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Q: Is it legal to work for two temp agencies at the same company at the same exact time being paid by both?

1 Answer | Asked in Employment Law for Wisconsin on
Answered on Apr 24, 2017

While that is certainly strange, I do not see how it is illegal. The voluntary payment doctrine comes to mind. You just need to make sure that you are falsely representing that you only work for one company.
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Q: Can a retail establishment not hire someone for a misdemeanor sex with minor conviction from 9 years ago?

1 Answer | Asked in Employment Law for Wisconsin on
Answered on Apr 24, 2017

The short answer is no. Wis. Stat. s. 111.321 and 111.322(2) prohibit employers from denying employment to person just because they have been convicted of a crime. The general exception is that employers may deny employment where the job duties are substantially related to the elements of the crime. That is not the case here.
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