Wisconsin Dells and Central Wisconsin Legal Issues Blog

Legal Lexicon: Basic Legal Terms Everyone Should Know

5/30/2017

Whether or not you've been accused of a crime, it's important to get a basic sense of common Wisconsin legal terms to aid you in situations that may arise. As defense attorneys, we have compiled a glossary of basic legal terms you should know.

Acquittal: when a jury finds a defendant not guilty, or a judge finds there is insufficient evidence to convict.

Affidavit: a written or sworn statement under oath.

Appeal: Taking a case which has been decided in a court of inferior jurisdiction to one of superior jurisdiction, for the purpose of obtaining a review.

Arraignment: a court proceeding when the defendant is brought to the court and told what charges are against them, and they are asked to plead guilty or not guilty.

Bail: when a judge deems it permissible to release the defendant from jail before the trial begins. Usually through financial compensation to the court.

Conviction: when the defendant is found guilty of the accused crime.

Damages: the estimated money equivalent for detriment or injury sustained.

Defendant: the accused person, organization or company against whom a claim or charge is brought in a court.

Discovery: a phase before the trial begins where each side (plaintiff and defendant) can obtain evidence from the other side that will be used in court.

DUI: stands for "Driving Under the Influence". This infraction is given when the operator of an automobile is under the influence and / or above the blood alcohol content (BAC) limit of 0.08%. It carries severe penalties, especially for repeated offenses. In WIsconsin, this is legally referred to as an OWI, see below.

Felony: A crime punishable by imprisonment in the Wisconsin state prisons

Misdemeanor: a minor infraction against the law, less serious than a felony. First-time misdemeanor offenders can be punished by up to 9 months in prison or up to a $10,000 fine.

Mistrial: when a trial is deemed invalid because of an error in proceedings.

Negligence: the failure to exercise that degree of care that, in the circumstances, the law requires for the protection of other persons or those interests of other persons that may be injuriously affected by the want of such care.

OWI: stands for "Operating While Intoxicated", meaning the operator of a vehicle is under the influence of a drug / intoxicant or is above the legal BAC limit of 0.08%. OWI is different from a DUI because it can apply to vehicles other than a car (eg. boat, snowmobile, etc). OWIs can also be given if the vehicle is started but not in motion, with the operator in the front seat.

Plaintiff: a person, organization or company who brings the lawsuit to a court

Preliminary hearing: The hearing given to an accused which is held by a judge, to ascertain whether there is sufficient evidence (probable cause) to warrant the binding over of the accused on the felony charge to the circuit court for further proceedings.

Prosecution: the body of officials by whom such proceedings are instituted and carried on.

Sentence: court-ordered punishment given to a defendant that has been found guilty.

Verdict: the decision given that determines whether or not a defendant is deemed guilty.

Wage garnishment: when a defendant cannot pay the full sum of money for their court-ordered fines, a wage garnishment may be an option. It orders a small percentage of the defendant's wages be taken out of each paycheck until their debts are paid in full.

Warrant: legal authorization from a judge (usually to law enforcement) to make an arrest or perform a search.

White Collar Crime: crimes characterized by deceit, concealment, or violation of trust and are not dependent on the application or threat of physical force or violence. The motivation behind these crimes is financial—to obtain or avoid losing money, property, or services or to secure a personal or business advantage.
Writ: a written, court-ordered command to direct a person to take, or keep from taking, certain actions.

To arrange your free consultation with a skilled Wisconsin defense lawyer, please call us today at 608-254-9589 or contact us online.

Passing On Without A Will

5/23/2017

There are many reasons a person may pass on without a will, whether it be an unexpected loss or a task they put off. It is something everyone should make time for. In Adams County, Wisconsin, having a will is vital to ensure your family and final wishes are carried out to your wishes.

When creating a will, some issues that should be taken into consideration are directing your assets, appointing guardians for your children, and declaring who will manage your property. In addition to estate planning, a power of attorney should also be appointed.

A power of attorney is there to help make difficult decisions should you not be able to. If there is an accident, leaving you unable to consent to medical treatment or direct doctors on your behalf, a power of attorney will be your voice.

Speaking with an attorney will ensure that all documents and matters are in order. It is never advised that your loved ones have to guess what you would have wanted to happen to everything that you worked hard for in life.

Our estate planning lawyers offer a personalized, client-centered approach to planning your estate. We welcome calls and visits to our office, at no-cost to you, allowing you to make informed decisions about your future, stress-free. Contact us today online or by telephone at 608-254-9589 to prepare for your future.

Facing Criminal Charges?

5/16/2017

If you’re facing criminal charges in Wisconsin, such as a white collar crime, OWI, fraud, or embezzlement, you will want someone on your side that is going to fight aggressively for your freedom.

After you have been charged, it is vital that you do your research to ensure you are getting the best representation for your circumstances. Hiring the first attorney that returns your phone call, may not be in your best interest. As with any major life event, get second opinions - if you personally know someone that went through a similar experience, ask who they used and if they would recommend them.

Second, hiring an attorney that knows the area of the crime well and has experience with the prosecutor can only be a benefit. An attorney that is able to talk to the police and gather all of the facts will be better prepared if there is a trial.

Lastly, when choosing the attorney that will defend your rights, ask for testimonials and past cases. If the attorney does not have a proven track record, you should not hope your case will be their victory.

To arrange your free consultation with a skilled Wisconsin defense lawyer, please call us today at 608-254-9589 or contact us online.

What Goes Into A Will?

5/9/2017

For many people, the thought of creating a will is something they would rather not think about or do. Unfortunately, waiting to create a will can create unnecessary hardship for your family should something happen to you.

The first step in creating a will is working with an estate planning lawyer, to ensure that all matters are addressed and in order. In Juneau County Wisconsin, an estate planning attorney will walk you through the steps of directing your assets, appointing guardians for your children, and declaring who will manage your property.

As each family has different goals and dynamics, it is vital to take the time to discuss the role that each person will have. Should something happen to you, you want to know the person you’ve assigned custody of your children too, is aware, able to take on the responsibility, and can financially support the new addition to their own family.

With each new life event, whether it be a wedding, a baby, or the purchase of a home, updating your will ensures that your loved ones will have peace of mind and know your wishes when you are gone. Our firm recommends reviewing your will annually to make sure it is still consistent with your long-term goals. Reviewing your estate plan is like going to a dreaded appointment, you’ll be anxious before but after you’ll have a sense of calmness knowing in your absence, everything will be okay.

Our estate planning lawyers offer a personalized, client-centered approach to planning your estate. We welcome calls and visits to our office, at no-cost to you, allowing you to make informed decisions about your future stress-free. Contact us today online or by telephone at 608-254-9589 to prepare for your future.

The Benefits of Estate Planning

5/3/2017

For most of us, planning for the future, whether it be near or years away, gives us peace of mind. Depending on your age and the stage of your life you’re living, the near future may hold retirement, marriage, or children. No matter what stage of life you are in, estate planning will not only benefit you, but also your loved ones if something were to happen to you.

In Sauk County, Wisconsin, estate planning begins with maintaining your final wishes in documents that will stand up in a court of law, should there be any contest against them. Not taking the time to properly prepare the documents can result in the state making decisions on your behalf without your input. Below are the steps to take to ensure your estate will be protected and executed to your liking:

A signed Will executed according to Wisconsin State Law
Name your beneficiaries
If applicable, determine estate taxes
Draft a letter pertaining information and instructions that do not belong in your will (i.e. type of funeral or service, music to be played, in lieu of flowers, etc.)
Draft a Power of Attorney
Create a Living Will
Organize and store your estate plans in a safe and accessible place.

Taking the time to collect and prepare an estate plan will ensure your loved ones will be able to take the time they need to grieve and not have to worry about your belongings and what you wanted after you’re gone. If you are ready to start planning your estate, please contact the attorneys at Southworth and Stamman today, 608-254-9589.

Legal Lexicon: Basic Legal Terms Everyone Should Know

Passing On Without A Will

Facing Criminal Charges?

What Goes Into A Will?

The Benefits of Estate Planning

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