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Divorce Attorney: Understanding Marital Presumption

Wed, 18 Mar 2026 14:17:11 GMT

Have you ever wondered who the law recognizes as the father of a child born during a marriage in Outagamie County? This question is especially important for families navigating separation, divorce , or disputes about parental rights. Wisconsin law includes a legal concept called the marital presumption of paternity, which can have a significant impact on custody, child support, and family stability.

In this article, we will explore what the marital presumption means in Outagamie County, the challenges it can create, and how a divorce attorney in Appleton, WI, can help you understand and navigate this complex legal landscape.

What Is the Marital Presumption of Paternity?

In Outagamie County, as in all of Wisconsin, the law presumes that a husband is the legal father of any child born during the course of the marriage. This means the law automatically credits the husband with parental responsibilities and rights regardless of whether he is the biological father. Importantly, this presumption remains in effect even if the couple has been separated for months prior to the birth of the child.

The marital presumption is intended to protect children by providing clear legal parents and to avoid costly disputes. However, this presumption can sometimes complicate matters when the biological father is someone other than the husband. Understanding how this presumption works locally can help families make informed decisions.

Challenges Created by the Marital Presumption

While the marital presumption clarifies parentage in most cases, it can also create legal challenges in situations like:

When a couple has been separated for an extended period but remains legally married at the time of the child’s birth.
When a mother or another man wishes to establish biological paternity different from the presumed father's.
When the legal father, meaning the husband, is not the biological parent and may want to disclaim paternity or avoid child support responsibility.

These situations require formal legal steps to “rebut” the marital presumption, which is not automatic and involves court intervention. Without these steps, the presumed father will remain legally responsible for the child.

The Process to Challenge the Marital Presumption in Outagamie County

Rebutting the marital presumption is a legal process that involves several key steps:

Paternity Testing: DNA testing is the primary tool to establish biological parentage. Courts in Outagamie County rely on certified laboratory results to make informed decisions.
Filing a Motion: The party seeking to rebut the presumption must file a motion with the family court in the Outagamie County Courthouse. This motion requests the court to recognize the biological father based on evidence.
Court Hearings: The court will schedule hearings where both parties can present evidence. The judge reviews the DNA results and other relevant information before making a determination.

Because state laws and local court rules impose deadlines and procedural requirements, timely action is critical to successfully challenging the marital presumption.

How a Divorce Attorney in Appleton, WI Can Guide You

Navigating the complexities of the marital presumption, paternity testing, and court procedures requires the expertise of an experienced divorce attorney in Appleton, WI. Working with an attorney offers important advantages:

Comprehensive Legal Advice: Understanding your rights and the implications of contesting or confirming paternity.
Coordination of Testing: Ensuring that genetic testing is conducted properly and that results are submitted to the court.
Accurate and Timely Filing: Preparing motions and supporting documents according to Outagamie County’s local court rules and filing deadlines.
Representation in Court: Advocating for your interests at hearings and explaining evidence clearly to the judge.
Support for Related Family Law Matters: Assisting with child custody, visitation, and support modifications following paternity decisions.

A skilled divorce attorney can help alleviate confusion and improve the likelihood of a favorable legal outcome.

Insight Into Outagamie County Courthouse Procedures

Understanding the specific practices at the Outagamie County Courthouse can help avoid delays:

Motions challenging paternity must be filed with the Family Court Division.
The court requires particular forms and detailed evidence, including DNA test results.
Hearings are typically scheduled within deadlines to hear rebuttal claims promptly.
The court may facilitate or order testing with approved providers to ensure fairness.

Lawyers who regularly handle family law cases in Outagamie County are familiar with these procedures and can guide clients more efficiently through the system.

Related Family Law Issues Affected by Paternity

Challenges or confirmations of paternity often intersect with other family law considerations, such as:

Custody and Visitation: Establishing legal parenthood affects the right to seek custody or visitation rights.
Child Support: Determining who is legally responsible for the child’s financial support depends in large part on paternity.
Divorce Proceedings: Presumption and its rebuttal can influence divorce settlements, parenting plans, and property division.
Modification of Court Orders: Changes in paternity status can lead to reviews and adjustments of existing orders.

Having a divorce attorney knowledgeable in all related areas of family law ensures you receive comprehensive and coordinated legal support.

What You Can Expect When Working With Brabazon Law Office

At Brabazon Law Office, local families receive personalized attention from attorneys who prioritize clear communication and dedicated advocacy. The team:

Starts with a thorough consultation to understand your unique family dynamics
Explains each step of paternity and marital presumption law in straightforward terms
Coordinates with genetic testing services and the Outagamie County Courthouse efficiently
Represents you confidently in all court proceedings involving family law matters
Provides continued guidance for custody, support, and divorce following paternity ruling

Their approach is focused on supporting your family’s best interests while minimizing stress throughout the legal process.

Take Control of Your Family’s Future With Expert Legal Help in Appleton, WI

Understanding and navigating the marital presumption in Outagamie County can feel overwhelming without the right support. Whether you need to confirm paternity, challenge a presumption, or address related family law matters, the Brabazon Law Office offers experienced legal counsel tailored to your circumstances.

Contact the Brabazon Law Office by calling 920-494-1106 or visiting our contact page to schedule a consultation with a trusted divorce attorney in Appleton, WI. Protect your parental rights and secure a stable future for your family with expert guidance you can trust.

Protect Your Rights with an OWI Attorney in Appleton, WI

Wed, 29 Oct 2025 15:35:38 GMT

Facing a first-time OWI in Wisconsin can feel overwhelming. If this is your situation, contacting an experienced OWI attorney in Appleton, WI, is critical. Contact us today at 920-494-1106 to ensure your rights are protected.

In Wisconsin, a first offense OWI (Operating While Intoxicated) is generally classified as a civil violation rather than a criminal charge. However, it still carries serious consequences that can impact your driving privileges, financial situation, and personal record. Understanding the legal implications and available defenses is essential.

Legal Status and Implications

For many, the term “OWI” brings fear of criminal charges. While a first-time offense in Wisconsin is often treated as a civil matter, the law still enforces strict penalties. These penalties are designed not only to deter impaired driving but also to encourage responsible behavior moving forward.

A first-time OWI may include:

Fines and court costs.
License suspension ranging from a few months to a year.
Mandatory alcohol education or treatment programs.

Even though this is technically not a criminal offense, it remains on your driving record. This can affect your insurance rates and potentially your employment if driving is part of your job. Working with an OWI attorney in Appleton, WI, can help you navigate these rules and minimize long-term consequences.

Potential Penalties for a First-Time OWI

Wisconsin law outlines specific consequences for first-time OWI offenders. These may include:

Financial Penalties

First-time OWI fines typically range from $150 to $300, though court costs can increase the total expense significantly. Additionally, legal fees for defence representation must be considered.

License Restrictions

A first offense usually results in a temporary license suspension. Some individuals may qualify for a limited driving permit, depending on the circumstances. An experienced OWI attorney in Appleton, WI, can guide you through the application process.

Alcohol Education Requirements

Mandatory attendance at an alcohol assessment or educational program is common for first-time offenders. Completing these programs can demonstrate responsibility and sometimes influence the court’s final decision.

It’s also important to understand that Wisconsin courts consider mitigating factors when determining penalties. Demonstrating responsible behaviour, such as attending counselling voluntarily or completing a driver safety course, can sometimes reduce fines or shorten license suspension periods.

Your OWI attorney in Appleton, WI, can advise you on the best steps to show accountability and potentially improve your outcome in court.

Common Défense Strategies

Defending a first-time OWI in Wisconsin requires attention to detail and a strategic approach. Some common defence strategies include:

Challenging the Traffic Stop: If law enforcement did not have proper cause to pull you over, evidence gathered afterward may be inadmissible.
Questioning Field Sobriety Tests: These tests can be influenced by environmental factors, physical limitations, or improper administration.
Scrutinizing Breathalyzer Maintenance: Breathalyzer results are only reliable if the equipment is properly maintained and calibrated. Any failure in maintenance can weaken the prosecution’s case.

An OWI attorney in Appleton, WI, will review every aspect of your case to identify potential weaknesses in the prosecution’s evidence. This thorough approach can make a significant difference in the outcome.

Many first-time OWI cases involve misunderstandings or errors in testing procedures. An experienced OWI attorney in Appleton, WI, can review police reports, blood alcohol tests, and witness statements to uncover inconsistencies or procedural mistakes that may strengthen your defence.

Careful examination of every detail often makes a significant difference in the resolution of your case.

Importance of Legal Representation

Even though a first-time OWI is considered a civil violation, navigating the legal process alone can be risky. A skilled OWI attorney in Appleton, WI, understands Wisconsin’s laws and court procedures. They can explain your rights, discuss possible outcomes, and negotiate on your behalf.

Legal representation is particularly important because each case is unique. Factors such as your blood alcohol concentration, prior driving history, and circumstances of the stop all influence the court’s decision. By consulting an attorney early, you increase your chances of achieving a favorable outcome.

For answers to frequently asked questions about OWI cases and other legal topics, visit our legal FAQ page . This resource helps clarify common concerns and provides insight into your options.

Next Steps if You’ve Been Charged

If you’ve been charged with a first-time OWI in Appleton, WI, taking immediate action is essential. Steps include:

Contact an experienced OWI attorney to discuss your case.
Attend all court-mandated programs or appointments.
Gather documentation or evidence that may support your defence.
Avoid any further driving infractions during the legal process.

Acting quickly demonstrates responsibility and can positively influence how your case is handled in court.

Serving Appleton and Surrounding Areas

Brabazon Law Office provides services in Appleton, WI, and the surrounding communities. Our team is committed to protecting your rights and helping you navigate first-time OWI charges with professionalism and care.

Contact Brabazon Law Office Today

A first-time OWI in Wisconsin can feel intimidating, but you don’t have to face it alone. Call us at 920-494-1106 now or send us a message to schedule a consultation with an experienced OWI attorney in Appleton, WI. Our team will guide you through every step of the process, ensuring your rights are fully protected.

Steps After Injury: Guide from a Personal Injury Lawyer in Green Bay, WI

Wed, 21 May 2025 18:30:57 GMT

When you're injured due to someone else’s actions, knowing what to do next can be overwhelming. Whether it’s a car crash, slip and fall, or workplace injury, taking the right steps quickly can make a significant difference. If you’re dealing with the aftermath of a serious accident, a personal injury lawyer in Green Bay, WI can help guide you through the legal process and protect your rights.

What a Personal Injury Lawyer in Green Bay, WI Wants You to Know

The moments after an accident are critical. Every action you take, from getting medical help to gathering evidence, can strengthen your injury claim and protect your future. Here’s a step-by-step guide on what to do immediately after a personal injury accident.

Ensure Safety and Call for Help

Your health is the priority. If anyone is injured, call 911 immediately. Move to a safe location if you’re able to do so without worsening your injuries. First responders will provide medical attention and secure the scene, which is essential for your well-being and for documenting what happened.

Gather Evidence at the Scene

If it’s safe, gather as much information as possible. Take photos or videos of the accident scene, your injuries, vehicle damage (if applicable), and surrounding conditions. Collect contact information from witnesses, as their statements can support your case later.

Seek Medical Attention

Even if your injuries seem minor, it’s critical to get checked by a doctor. Some injuries may not appear immediately. Medical records also play a key role in proving the extent of your injury, which is vital if you pursue compensation.

Report the Accident

Depending on where the accident occurred, you may need to file a police report or notify your employer. Accurate documentation creates an official record and helps prevent disputes about what happened.

Avoid Speaking with Insurance Adjusters Alone

Insurance companies may contact you quickly and offer a fast settlement. While it may seem convenient, these early offers often undervalue your claim. Before signing or agreeing to anything, speak with an attorney who understands how insurance companies operate.

Contact a Personal Injury Lawyer in Green Bay, WI

The sooner you contact a personal injury lawyer, the better your chances of recovering full compensation for your injuries. A lawyer can help you understand your rights, deal with insurance companies, and pursue damages for medical bills, lost wages, and pain and suffering.

Why You Should Contact a Personal Injury Lawyer in Green Bay, WI Today

If you’ve been injured in Green Bay, WI, don’t try to navigate the legal process alone. The team at Brabazon Law Office provides committed legal support to individuals across Wisconsin who have suffered serious injuries due to accidents. Whether your injury occurred on the road, at work, or in a public space, we’re here to help. Contact us today to discuss your specific case and take the first step toward the compensation you deserve.

Top 5 Reasons to Hire a Personal Injury Lawyer in Green Bay, WI

Wed, 26 Mar 2025 03:41:11 GMT

When you’re dealing with the aftermath of an accident, the last thing you want to worry about is navigating the complicated legal system. Hiring a personal injury lawyer in Green Bay, WI can make all the difference in how your case is handled. Brabazon Law Office LLC understands the challenges that come with a personal injury claim and is here to guide you through every step. Here are the top five reasons why hiring an experienced lawyer is crucial for your case.

1. Expertise in Personal Injury Law

A personal injury lawyer in Green Bay, WI has the specific knowledge and experience necessary to handle cases involving accidents, negligence, and injuries. Personal injury law can be complex, and a lawyer who specializes in this area can ensure that all the legal processes are followed correctly, maximizing your chances of receiving fair compensation. With Brabazon Law Office LLC, you’ll have a skilled professional at your side who understands local laws and regulations.

2. Maximizing Your Compensation

One of the main reasons to hire a personal injury lawyer is their ability to ensure you receive the compensation you deserve. Insurance companies often aim to settle claims quickly and for the lowest amount possible. A skilled personal injury lawyer in Green Bay, WI, knows how to negotiate with insurance companies and other parties involved to ensure that all medical expenses, lost wages, and pain and suffering are properly accounted for in your settlement. With a lawyer on your side, you’ll be more likely to receive a higher payout.

3. Reducing Stress and Handling Legal Details

Filing a personal injury claim can be stressful, especially when you're recovering from an injury. By hiring a personal injury lawyer in Green Bay, WI, you can focus on your recovery while your lawyer takes care of the legal work. From gathering evidence to filing court documents and handling negotiations, a lawyer will handle all the details, reducing your stress during an already difficult time. This allows you to focus on getting better, knowing that your case is in good hands.

4. Investigating Your Case Thoroughly

A key element in any personal injury case is the investigation. A personal injury lawyer in Green Bay, WI will carefully examine the accident, gathering essential evidence like witness statements, medical records, and accident reports. This thorough approach strengthens your case and ensures no critical details are missed.

If you've been injured in an accident and need a reliable personal injury lawyer in Green Bay, WI, Brabazon Law Office LLC is here to support you. Reach out to us today at or schedule a free consultation . Let our experienced team take care of the legal details, so you can focus on what matters most—your recovery.

By hiring a personal injury lawyer in Green Bay, WI, you can ensure that your rights are protected, your case is handled professionally, and you receive the compensation you deserve. Don’t navigate the legal system alone—reach out to Brabazon Law Office LLC for the expert support you need!

What To Expect When You Hire a Personal Injury Lawyer in Green Bay, WI

Wed, 22 Jan 2025 19:31:52 GMT

Navigating the aftermath of an accident can be overwhelming, especially when dealing with injuries, medical bills, and insurance claims. Hiring a personal injury lawyer in Green Bay, WI, can make all the difference in ensuring your rights are protected and you receive the compensation you deserve. Here's what you can expect when working with a professional legal advocate.

The Initial Consultation

The process begins with an initial consultation, where you’ll discuss the details of your case. A personal injury lawyer will evaluate the circumstances surrounding your injury, including how it occurred and who may be at fault. This is your opportunity to ask questions, understand your legal options, and determine if the lawyer is the right fit for your needs.

Investigation and Gathering Evidence

Once you've hired a personal injury lawyer, they will begin investigating your case and gathering evidence to support your claim. This includes:

Collecting police reports, medical records, and witness statements.
Analyzing photos or videos of the accident scene.
Consulting with experts to strengthen your case.

This thorough approach ensures that no detail is overlooked and helps build a solid foundation for your claim.

Negotiating With Insurance Companies

Negotiation After gathering evidence, your lawyer will begin negotiating with the other party's insurance company on your behalf. This may involve submitting a demand letter outlining the damages you've suffered and the compensation you seek.

Insurance companies often aim to minimize payouts, which can leave you with less than you deserve. A personal injury lawyer acts as your advocate, handling communications and negotiations with the insurer. Their experience ensures that you’re not pressured into accepting a low settlement.

If a fair settlement can’t be reached, your lawyer will prepare to take your case to trial. This involves:

Filing legal documents and managing deadlines.
Representing you in court and presenting evidence.
Advocating for the compensation you’re entitled to.

Most personal injury cases are resolved through settlements, but having an experienced attorney ready to litigate can significantly impact the outcome.

Why Legal Representation Matters in Green Bay, WI

Hiring a personal injury lawyer in Green Bay, WI, provides peace of mind during a stressful time. Their expertise helps level the playing field against insurance companies and ensures your case is handled professionally. Additionally, a local lawyer understands Wisconsin laws and how they apply to your case, which is invaluable when seeking justice.

Request a Consultation Today

Having the right legal support is crucial when dealing with a personal injury claim. At Brabazon Law Office in Green Bay, WI, our experienced attorneys are dedicated to guiding you through every step of the process. From the initial consultation to settlement or trial, we ensure your case is handled with care and expertise.

Call us at 920-494-1106 or fill out our contact form to request a consultation today and let the Brabazon Law Office guide you through the process of your personal injury claim.

How a Drunk Driver Lawyer in De Pere, WI Can Defend Your Rights

Mon, 23 Dec 2024 17:06:31 GMT

If you or a loved one has been charged with drunk driving in De Pere, WI, the legal process can be overwhelming and stressful. At Brabazon Law Office , we understand the difficulties you face and are committed to providing skilled representation to help you navigate these tough times. A Drunk Driver Lawyer in De Pere, WI can make a significant difference in how your case unfolds, ensuring that your rights are protected and that you are treated fairly throughout the legal proceedings.

What Can a Drunk Driver Lawyer in De Pere, WI Do for You?

When you are arrested for drunk driving, you may feel like the system is against you. However, a Drunk Driver Attorney in De Pere, WI is your ally in this situation. With expert legal knowledge, they can evaluate the evidence, challenge inaccurate breathalyzer results, and explore any possible defenses to minimize the consequences of your charge.

An experienced Drunk Driver Lawyer in De Pere, WI will also guide you through the complex legal process, offering peace of mind as you move forward. This is why it's crucial to seek the assistance of a trusted attorney as soon as possible.

Legal Protections for Those Charged with Drunk Driving

One of the key roles of a Drunk Driver Lawyer in De Pere, WI is to ensure that your constitutional rights are upheld throughout the legal process. This includes the right to a fair trial, the right to remain silent, and the right to legal counsel. An experienced Drunk Driver Attorney in De Pere, WI will protect you from self-incrimination and help you understand the legal protections available to you.

For more information on your legal rights, you can refer to resources from trusted organizations like the American Bar Association , which offers guidance on understanding your rights when charged with a DUI.

How a Skilled Drunk Driver Attorney Can Help

A skilled Drunk Driver Attorney in De Pere, WI offers a personalized approach to each DUI case. They assess the unique circumstances, such as arrest errors or breathalyzer inaccuracies, to defend your rights and minimize penalties. With tailored strategies and thorough case analysis, our attorneys work hard to achieve the best possible outcome for you.

Trust Brabazon Law Office to Defend Your Rights

At Brabazon Law Office, we are committed to providing the best legal support for those in need of a Drunk Driver Lawyer in De Pere, WI. Our team has a deep understanding of local laws and a proven track record of success in drunk driving cases. We believe that everyone deserves a fair defense, and we work tirelessly to help our clients achieve the best possible outcome.

For more information about how we can assist with your case, visit OWI/DWI Attorney services

If you need an experienced Drunk Driver Attorney in De Pere, WI, don't hesitate to reach out to us. Our team is here to answer your questions and guide you through the legal process. Call us today! to schedule a consultation and take the first step toward protecting your future.

Facing a drunk driving charge can be a difficult experience, but with the help of a Drunk Driver Lawyer in De Pere, WI, you can ensure that your rights are defended. Whether you're looking for representation or need legal advice, a skilled Drunk Driver Attorney in De Pere, WI can make all the difference. Reach out to Brabazon Law Office for expert guidance and support.

Estate Planning For Blended Families - Tips For Protecting Your Loved Ones

Wed, 14 Feb 2024 23:21:44 GMT

Estate planning is an essential part of creating a secure future for your family. However, the situation can get complicated if you're a member of a blended family. With stepchildren, ex-spouses, and half-siblings involved, knowing how to proceed is difficult. Blended families may have unique challenges, but careful estate planning can help you ensure that your loved ones are protected and provided for in the future. In this article, we're going to share some tips for estate planning for blended families.

Plan in Advance

The first step in estate planning is to create a comprehensive plan. It's essential to consider all your assets, including property, income, investments, health care, business, and life insurance. Think about who you want to inherit these assets and when you want them to receive them. However, planning in advance becomes even more critical for blended families. The most common issue blended families encounter is the possibility of one parent passing before the other. To ensure that both sides of the family are taken into account, it's essential to have a process in place that allows for assets to be appropriately allocated.

Update Your Will

Once you have a plan in place, it's time to update your will. In a blended family situation, it can be challenging to determine who gets what. Children from previous marriages, stepchildren, ex-spouses, and half-siblings are all factors that can make estate distribution complicated. Updating your will ensures that you're in control of who gets what and can help avoid legal battles and family disagreements after you're gone.

Create a Trust

A trust is another valuable tool for estate planning in blended families. A trust is a legal document that specifies how your assets will be managed and distributed to your beneficiaries. A trust arrangement can be helpful if you're concerned about providing for your spouse during their lifetime while ensuring that your children receive their inheritance after your spouse dies.

Name a Guardian

If you have minor children, it's essential to name a guardian. This is especially true in blended families where there may be more than one parent with children from previous marriages. Naming a guardian is a crucial step in safeguarding the well-being of your children, providing you with the peace of mind that they will be lovingly cared for by someone you deeply trust in the unfortunate event that something happens to you or your spouse. By carefully selecting a guardian, you can ensure that your children's emotional, physical, and educational needs will be met, allowing them to thrive and flourish under the guidance of a chosen individual who shares your values and beliefs.

Communication Is Key

Finally, it's essential to have open and honest communication with your family. When it comes to estate planning, having uncomfortable conversations and addressing sensitive topics can be difficult. However, it's essential to ensure that the family is aware of what's happening, why it's happening, and what to expect in the future. Encouraging open and honest discussions among your loved ones can play a crucial role in preventing misunderstandings, confusion, and potential conflicts that may arise after your passing. By creating a safe space for everyone to express their thoughts, concerns, and wishes, you can ensure that your legacy is honored and that your loved ones have a clear understanding of your intentions, ultimately fostering a sense of unity and harmony during a challenging time.

Estate planning for blended families can be a complicated process, but careful planning and communication can help you ensure that your loved ones are protected and provided for in the future. By working through these tips and strategies, you can develop a comprehensive plan that addresses the unique issues you face as a blended family. Don't let the complexities of estate planning for blended families overwhelm you. With these tips and strategies, you can create a solid plan that protects your loved ones and provides peace of mind for years to come. Contact the experts at Brabazon Law Office, LLC , to learn more.

Welcome to Brabazon Law

Mon, 10 Aug 2020 18:16:00 GMT

No matter what legal questions or concerns you have, the attorneys at Brabazon law are here to help. Our Green Bay attorneys are here to assist you with the legal counsel you need. From Criminal law, family law, personal injury law, immigration law or business law we at Brabazon are here to get you the results you’re looking for. Voted Best in Green Bay, find the answers to your legal questions here at Brabazon.

8 Things You Should Know if you are Being Investigated for a Crime

Mon, 10 Aug 2020 18:08:00 GMT

1. DO NOT TALK TO THE POLICE

I don’t care if you are innocent or guilty, it is NEVER in your best interests to talk to the police. I have seen many Innocent clients screw themselves over by talking to the police. Your words, your demeanor and your physical characteristics can all be misconstrued, misinterpreted and used against you in numerous ways. No matter how innocent you are or how good you are with your words, it is highly unlikely you will be able to talk yourself out of being arrested.

Police officers love it when suspects talk to them. It gives them an opportunity to get a confession (or what they perceive to be one) out of the suspect. Once they get the confession, the case is usually closed and no more investigation is needed. Police officers will use all different types of tactics to obtain a confession. They have been known to tell individuals under investigation for crimes they have DNA evidence, when, in reality, no such evidence exists. They have professed to have an eye witness when no eye witness exists. They have alleged to have had confessions from other co-defendants when none exist. These types of tactics have been used by officers for years to get a suspect to confess to a crime. Police officers can and will lie to you. There is nothing illegal about an officer lying to you.

Do not believe a police officer if they make promises to you. If they promise not to arrest you if you talk to them, that doesn’t mean they will not charge and/or arrest you later. The district attorney or U.S. Attorney is the only person who can make enforceable deals or agreements.

2. DO NOT TALK TO ANYONE ABOUT THE FACTS OR ALLEGATIONS

Anyone you talk to (except your attorney) can be subpoenaed and forced to testify at your trial. Whether it’s your best friend, girlfriend, relative or co-worker, they can be compelled to tell the Court or the Jury what you said.

On many occasions, the officer will have a friend or relative of the victim call you to confront you with the allegation. This conversation is then recorded and used against you in Court. Always expect that anyone talking to you about the allegations is recording the conversation.

Law enforcement is using confidential informants more often than ever. You never know who is working with the police.

3. DO NOT CONSENT TO ANY SEARCH.

Never consent to a search of your home, car or person whether you are innocent or guilty of a criminal offense. In most cases, the officers are seeking your permission to search because they lack the probable cause necessary to obtain a warrant for the search.

If they threaten you with getting a search warrant, don’t worry. Make them get the warrant. They may not have enough evidence against you to obtain the search warrant. The harder they press for your consent, the less likely it is they have enough to get a search warrant.

4. DO NOT STEP OUTSIDE YOUR HOME

If an officer comes to your house to talk to you, you are not required by law to talk to them. In many cases, the officer will ask you to step outside your home to talk. DO NOT STEP OUTSIDE YOUR HOME! They are usually doing this so they can arrest you. As long as you stay inside your home, they cannot enter to arrest you without a warrant.

Also, do not invite the officer into your home. This will allow them to arrest you and also make notes of anything they see inside your home that is in their plain view. Do not open the door. Talk through the door. If you open the door, an officer may infer that as consent to enter your home.

5. GET AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY IMMEDIATELY

Do not call your family attorney. Do not call your business attorney. You need to call an experienced criminal defense attorney. Be sure they are a member of the National Association of Criminal Defense Attorneys. Make sure they devote at least 50% of their practice to criminal law. Finally, make certain they have handled the most serious of cases and have a proven track record of success at trials involving criminal charges.

6. DEMAND AN ATTORNEY.

If you are unfortunate enough to get arrested, demand an attorney. You must make sure your request for an attorney is clear and unequivocal. Statements such as “Maybe I should get an attorney?” or “Do I need an attorney?” are not strong enough. You must be strong and demand an attorney. If you do not, officers will continue to probe and try to get information they can use to convict you. Exercise your 6th Amendment right to an attorney.

7. DO NOT LIE TO THE POLICE

Lying to the police can result in additional criminal charges and in some cases, can lead to your arrest. You do not have to talk to the police. You are better to say absolutely NOTHING than to lie to the police

8. SAY “YES” TO A LIE DETECTOR TEST

This may seem strange considering all of the other advice. Under Wisconsin Criminal Law, while the results of a lie detector test are generally not admissible in Court, your willingness to submit to a lie detector test MAY be admissible.

When asked if you would submit to a lie detector, say “Absolutely”. Make it as clear as can be, but add, “so long as my attorney is present” First, it is unlikely they are going to give you the test as most police departments do not have polygraphs. Second, your willingness to submit to a lie detector may give the officer pause about arresting you, holding you, or referring your case to the District Attorney for criminal charges. Third, if they really do plan on giving you the polygraph, they will have to wait until you get your attorney. You can discuss whether to finally submit to a lie detector test with your attorney.

What To Do After An Automobile Accident – Green Bay Attorney Shane Brabazon

Mon, 10 Aug 2020 17:57:00 GMT

Auto accidents are all-too-common occurence . Varying from the minor “fender-bender” with little property harm and without any personal injuries to multiple -car crashes resulting in serious property damage and fatalities. All of which may result in life altering consequences . In case you drive a car , you should understand how to proceed if you’ve experienced an injury as a result of an automobile accident. .

What to do following a Car Accident

In case you are caught in an auto accident, there are certain steps you should take, for example :

Put on your emergency blinkers to ensure that other traffic will go around you.
Ensure no one else is injured in your car is hurt , and if they are , immediately emergency assistance.
Only exit your vehicle after checking to make sure t’s safe to do so.
Check to see if anyone inside the other vehicle is injured , and if they are , call for emergency paramedics.
Contact the police . They’ll write up a police report of the facts of the auto accident, which can be used in insurance claims and any potential law suits that will result from the accident. The police will also assist in obtaining details obtained from the other involved parties and in re-routing traffic around the accident . More than likely, they might also evaluate if anyone has been driving when intoxicated.
Take pictures of the scene if possible . Some people keep a non reusable camera inside their car in case they ever have an accident . You can also use the camera installed in most cellular phones.
If you can safely move over to the shoulder of the road, do so
Be sure to exchange names, addresses, telephone numbers and insurance info with all the drivers involved in the accident. This data is very important for submitting a claim with your insurance company.
Be sure to get the names, addresses plus telephone numbers of any eye witnesses so you are aware who to contact in case the accident case goes to court .
Don’t talk about the accident with other people . If you admit any type of responsibility , this can be used against you later. You do not want to create any suspicion that can be used against you later.
Take down as many notes as you can on details surrounding the mishap, like the time, day, place of the accident, who did what, when and where.
If the police have been called , stay at the scene of the accident until the police tell you that you could depart .
Call your insurance agent and let them know about the car accident Ask your agent concerning any time limitations for submitting a claim. Be sure to contact a lawyer as soon as possbile. If you are intending to file a lawsuit , have the claims process begun as quickly as possible. Your insurance agent will investigate the loss, get statements and scrutinize the damage to both automobiles in order to decide the merit of your claim.
Call your lawyer in case you are injured or the damages are substantial. The laws of each state vary. Your attorney may clarify legislation to you plus advise you of your legal privileges and responsibilities. Your law firm may also assist in pinpointing who was at fault and may assist you in receiving fair compensation for your damages as well as any personal injuries you may have suffered as a result of the accident.

Reporting to Insurance Companies ??

Sometimes, a driver involved in an automobile accident don’t want to record the car accident to their insurer . Usually, the concern is that your insurance premiums will go up if you are involved in an accident, and you would prefer to pay for the damages up front. If you experience such a dilema , you should know that it’s up to each driver whether or not they will record the auto accident to their respective insurance company.

Your insurance rates are not tied to the faults of the other driver involved in the accident. The other driver may alter his view after he/she has had a chance to think about it. It is best to discuss your case with your lawyer and insurance company. If the other driver alters their mind and files a claim with their insurance company , it may be too late to register a claim with your own insurance firm . Be sure to check with your attorney as soon as possible

Hit & Run Mishaps

A hit-and-run happens when a car hits with some other car, pedestrian or object, and the driver of the offending car drives away without stopping . Whenever this happens, the driver of the offending automobile has committed an offence . If you are the victim of a hit-and-run accident , contact the police immediately preferably from the scence of the accident.

If you have fled the scence of an accident, you need to contact a lawyer as soon as possible and report the incident to the police. If you wait for the police to find you first, you will be in a much weaker position to defend yourself and the consequences of your actions may be much less severe. BE SURE to get a hold of your attorney FIRST, before contacting the police.

Questions for Your attorney

If I’ve been involved in a car accident , do I file a claim with my insurance firm after the other driver in the acccient files their claim and will my insurance provider defend me in case the other driver’s insurance company later sues me for damages?
Will the fact that I was taking pictures of the auto accident scene just after the accident impact my claim that I sustained personal injuries in the automobile accident?
Will my car insurance company pay my claim in case my vehicle was ruined by a hit-and-run motorist ?

For assistance with various kinds of personal accident injuries, contact the Green Bay personal injury lawyers at Brabazon Law Office for help and to get your questions answered. For a FREE preliminary consultation, call Shane Brabazon or Laura Tritt at 920-494-1106 today!

Shane Brabazon has been a practicing Green Bay attorney for 18 years, focusing his practice primarily in the areas of criminal and personal injury law For more information and answers to your legal questions, contact Shane by calling Brabazon Law Office at (920) 494-1106 or visit our website at www.brabazonlawoffice.com

Property Damage as a Result of Driving Under the Influence

Mon, 10 Aug 2020 17:46:00 GMT

Getting stopped by a cop could be the one thing that comes to mind when looking at some of the outcomes of driving under the influence. Drunk driving or driving while intoxicated often results in injuries to the person drinking and to others , and possibly property damage. If you give alcohol to someone who causes property damage and/or injuries, you may face a civil lawsuit for money damages.

Learn the issues and risks of providing alcohol.

Where to Find More Info

Several kinds of alcohol providers could be at risk / subject to liability for the acts of intoxicated person . Providers include sellers, such as bars, discos, restaurants and liquor stores. Also include social hosts, organizations holding an event and fraternities or sororities.

In the past, alcohol providers normally weren’t held to blame by the courts for an intoxicated person’s actions. Many states have since passed what are referred to as dram shop laws. These laws place a certain amount of responsibility on some alcohol providers for damages and/or injuries caused by intoxicated people. Today, most states have some for of dram shop law , but coverage differs . Dram shop laws usually differ on

the elements of:

Who can be held liable for injuries and damages for providing alcohol
What types of damages an injured person can seek
Whether or not relief under the dram shop law is the only relief allowed or there are other alternatives
The remedy permitted under a dram shop law may be unique . This means that other lawsuits based on other legal theories, such as negligence, might not be permitted .

Third Party Liability Where There Are Minor Involved 

Vendor liability ,social host or alcohol server liability can be determined by whether the drunk person is an adult or a minor. Offering minors with alcohol can be the basis for negligence claims . A plaintiff in a lawsuit would most likely try to show negligence through a lack of duty of care by the server furnishing alcohol to a minor . In doing so , it was envisioned or foreseeable and that aneibriation , potential or actual injuries and property damage would result .

Dependant upon the state, those offering alcohol to a minor might be treated differently than social hosts or those having a get together at their home. For example, owner of a convenience store, bar or restarant owner compared with the host of party at their home or place of business. Liability for selling or supplying alcohol to minors can be based on numerous factors including violations of laws against underage drinking, as well as potential violations of local ordinances and regulations on the subject of providing alcohol to minors.

Different Providers of Alcohol

Businesses can be sued for damages as a result of supplying alcoholic beverages to an employee, business guest or to another person acting as a social host. In certain circumstances, employers can be held liable for an employee’s actions. Instances that may apply include occurances when an employee is working , or when his or her actions are within the scope of their employment duties. Several instance or examples would include things such as business meetings or company outings / events.

College fraternities or sororities often face lawsuits after supplying alcohol at parties and their party guests or house members cause accidents and injuries as a result of becoming intoxicated at the party. A plaintiff in such a case may attempt to hold a fraternity or sorority liable as a social host under the law. Another potential basis for a lawsuit is the tort theory of premises liability. Under these circumstances, the claim of the lawsuit would be that the fraternity or sorority did not keep the premises what would be considered to be reasonable safe during a party at which alcohol was served.

If you are facing a DUI in Wisconsin, call a Green Bay Attorney who specializes in DUI cases at Brabazon Law Office by calling 920-494-1106 or visit us online at www.brabazonlawoffice.com .