Gimbel, Reilly, Guerin & Brown LLP Blog

Insight and commentary from one the best trial and litigation firms in Wisconsin.

Latest from Gimbel, Reilly, Guerin & Brown LLP Blog

By Attorney Cameron Weitzner and Paralegal Rachel Sweet The circumstances leading to criminal charges for drug possession can be complicated, and in many cases, they involve a history of substance abuse on the part of the alleged offender. The State of Wisconsin recognizes that treatment, education, and rehabilitation are often more effective responses to drug offenses than a harsh prison sentence. As such, the state allows a one-time conditional discharge and dismissal of charges for certain first-time drug offenders. This treatment option is an alternative to a prison sentence for offenders who are dependent on a controlled substance. Some Wisconsin…
By Attorney Max Stephenson and Paralegal Courtney Hess In a Wisconsin divorce, spousal maintenance or alimony is sometimes ordered to provide support for a spouse who is likely to have difficulty providing for themself without their former partner’s income, perhaps due to their health, childcare responsibilities, or lack of education and work experience. When maintenance is ordered, the paying spouse has an important legal responsibility to make the payments on time and in the full amount. However, they should also be aware of other obligations that are likely to be included in the court order. How Is Spousal Support…
By Attorney Cameron Weitzner and Paralegal Rachel Sweet Operating while intoxicated (OWI) is a serious criminal offense, regardless of whether you have a prior history of convictions. Consequences of an OWI conviction include fines, driver’s license revocation, and a lasting criminal record, even for first-time offenders. However, the consequences can become much more severe if you are facing OWI charges a second, third, or subsequent time. If you are arrested for OWI with a previous conviction on your record, it is crucial that you hire an attorney who can help you avoid the full extent of the penalties you…
If you or your business is the subject of a claim or lawsuit, and you have insurance, there is a good chance you might receive one of these letters from the insurance company. What is a “reservation of rights letter,” and how does it impact you or your business? Often, an insurance company is willing to provide a defense to these claims to protect its insured, as well as the company’s own interests in mitigating damages or disputing liability. However, some of these interests can come into conflict when the insurance company discovers pursuant to its review of the…
Recovering fair compensation for car accident injuries is often challenging, as negligent drivers may attempt to deny their fault, and insurance companies may seek to keep payouts to a minimum. Hit-and-run accidents add another layer to these challenges, making it difficult to know whom you can even file a claim against. However, with the help of a personal injury attorney, you can better understand your options and determine the course of action that is most likely to lead to a favorable result. Identify the At-Fault Driver One option for recovering compensation after a hit-and-run accident is to work with law…
When a couple with children chooses to get a divorce in Wisconsin, one of the most important issues that must be resolved is the children’s custody and physical placement. Physical placement decisions are often complicated and emotionally charged, and they require the consideration of many different factors, including the children’s needs and best interests, the wishes of the children and parents, and the effects on relationships between parents and children. Extensive discussions or a contested battle in court are sometimes needed to reach a decision on these matters, and once a child custody order has been issued, it can…
By Attorney Erin Strohbehn If you have recently lost a loved one and expect to inherit from his or her estate, you will most likely be impacted by the process of probate, during which the estate is settled and assets are distributed to the deceased’s heirs and beneficiaries. One of the most important figures during the probate process is the estate personal representative or executor. Many estate representatives are motivated to perform their duties to the best of their abilities, but some are not so capable. If you believe that your loved one’s estate representative is not suited for…
A large portion of drug-related arrests and convictions in Wisconsin involve the crime of drug possession. The penalties for a first offense of possession of a controlled substance are relatively minor, typically including a fine between $1,000 and $5,000 and jail time of six months to one year, depending on the type of drug. However, under certain circumstances, an arrest for drug possession could result in more serious consequences, particularly if there is evidence of possessing the drug for something other than one’s personal use. When you are facing felony drug charges, an attorney can help you protect your…
Tailgating, or following another vehicle at an unsafe distance, has been an unfortunately common occurrence on the road for decades. Whether it is due to a driver’s inexperience, carelessness, or aggressive behavior, the results can be dangerous, especially when it is coupled with other risky actions. If you have been injured in a car accident involving tailgating, an attorney can help you recover full compensation for your injuries and damages. The Dangers of Following Too Closely Perhaps the most obvious risk of following another vehicle too closely is the potential for causing a rear-end collision. Cars traveling at high…
When homebuyers and sellers sign a real estate purchase agreement, they enter into a legally binding contract, the terms of which both parties are expected to uphold. Many real estate transactions are completed without issue, but if you find yourself in a situation in which the other party has failed to follow through on the agreement, you may be able to pursue remedies through a lawsuit for breach of contract with the assistance of a real estate litigation attorney. Examples of Breaches of Real Estate Purchase Contracts Typically, the most important provisions of a real estate purchase agreement are the…
By Attorney Max Stephenson and Paralegal Courtney Hess When a couple decides to get a divorce in Wisconsin, they will need to prepare to divide all of their marital property. For many couples, the marital home is both the most valuable and the most difficult asset to divide. As you face the challenge of dividing your home, you should be aware of your options under Wisconsin law and the potential implications of your decisions. Concerns About Marital Home Division In a Wisconsin divorce, all of the following can have significant implications on how a couple’s home is divided: Classification…
By Attorney Kristen Nelson As of January 1, 2021, Wisconsin’s Pharmacy Examining Board has put new rules into effect regarding patient consultations for pharmacies and pharmacists throughout the state. It is important for licensed pharmacists to take note of these new requirements and be sure to uphold them, as failing to do so can result in disciplinary action regarding a pharmacist’s professional license. When Are Patient Consultations Required? The intended purpose of the new regulations for patient consultations is to better ensure that a person who is prescribed a drug or device understands how to use it properly. As…
Commercial property owners across Wisconsin have seen declines in revenue as a result of the COVID-19 pandemic. Wisconsin property tax assessors are required to take revenues and expenses into account when valuing commercial property using the income method of valuation. Property owners should expect to receive their notices of assessment in the mail beginning this spring. But whether these assessments will accurately reflect the decline in value for commercial property as a result of the pandemic is an open question. Owners of commercial properties such as office buildings and hotels should prepare now to object to their property tax assessments
In Wisconsin, if a law enforcement officer pulls you over under suspicion of driving under the influence, you may be arrested on OWI charges if there is evidence that your abilities are impaired by a drug or controlled substance. However, in some cases, this is only the beginning of the criminal charges a person may face after a traffic stop. Depending on the circumstances, an officer could arrest a driver for drug possession or a more serious drug offense. If you have been arrested on drug charges after a traffic stop, it is crucial that you understand your rights.…
The purchase of a home is a complex process that has a significant impact on both the buyer and the seller. As such, a successful purchase requires a certain level of transparency and trust between the two parties. When a buyer or seller does not act in good faith or fails to fulfill an obligation, major obstacles to the sale can arise, not to mention legal issues that often must be resolved through real estate litigation. One such issue that Wisconsin home buyers and sellers should be aware of is the seller’s failure to make required disclosures about the…
By Attorney Chris Strohbehn During the winter in Wisconsin, snow and ice can make driving more difficult and dangerous on any roadway. However, bridges and overpasses are often some of the most dangerous locations. Milwaukee has recently seen a clear example of this in the form of an accident in which a driver lost control on a snowy overpass and fell more than 70 feet to the road below. Fortunately, the driver survived, and no other people were injured, but if you are injured in a car accident on an icy bridge, it is important for you to understand whether…