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We’re regularly contacted by people who want to know whether their criminal conviction can be expunged. Only criminal convictions can be expunged. Wisconsin law does not provide for expungement of non-criminal convictions, like traffic or ordinance violations.

A very good resource on expungement in Wisconsin was published by the Wisconsin State Law Library.  It’s available here:

https://www.wisbar.org/NewsPublications/InsideTrack/Pages/Article.aspx?Volume=14&Issue=12&ArticleID=29212.

To qualify for expungement under Wis. Stat. § 973.015(1m)(a)1. the person must be under the age of 25 at the time of
Continue Reading Qualifying for Expungement

This practical series, “Nuts and Bolts,” is intended to demystify the process of being charged with a crime in Wisconsin state (circuit) courts. The court process can be overwhelming. Knowing what to expect from the process may make it less confusing and unpredictable, and hopefully less stressful.

Building Our Defense:  Discovery and Investigation

For a defense attorney, this is when the case becomes interesting.  Before our not guilty plea is entered we typically have received only bare-bones, scant detail
Continue Reading Nuts and Bolts Series: Criminal Court in Wisconsin

Hurley Burish, S.C. is proud to announce that we have seven attorneys selected to the 2021 Wisconsin Super Lawyer and Rising Stars list.

Congratulations to Attorney Stephen Hurley, Attorney John Mitby, Attorney Marcus Berghahn, Attorney Andrew Erlandson, Attorney Jonas Bednarek, and Attorney Patrick Fiedler. A special congratulations for Attorney Peyton Engel on being selected to the 2021 Rising Stars list.
Continue Reading 2021 Wisconsin Super Lawyers and Rising Stars

Hurley Burish, S.C. is proud to announce that we have several attorneys named as 2022 Best Lawyers in America.

-Patrick J. Fiedler: Arbitration and Mediation

-Mark D. Burish: Business Originations, Closely Held Companies and Family Businesses Law

-Andrew W. Erlandson: Commercial Litigation and Litigation-Construction

-John C. Mitby: Commercial Litigation, Litigation-Construction, Litigation-Municipal, and Mediation

-Marcus J. Berghahn: Criminal Defense: General Practice and Criminal Defense: White-Collar

-Stephen P. Hurley: Criminal Defense: General Practice and Criminal Defense: White-Collar
Continue Reading HB Attorneys Named to 2022 Best Lawyers List

As of July 1, 2021, the NCAA  suspended its rules prohibiting athletes from selling the rights to their names, images, and likenesses. Players will be able to monetize their social media accounts, sign autographs, teach camps, start their own businesses, create intellectual property, and participate in advertising campaigns.

One thing the NCAA is not allowing (nor did the Supreme Court address) is granting schools the ability to pay athletes salaries for their athletic performance or use payments for recruiting
Continue Reading New NCAA Rulings – July 1, 2021

On Monday, February 8, 2021, US Representative Alexandria Ocasio-Cortez and Senator Chuck Schumer announced that part of the December COVID-19 relief bill will include $2 billion in funds to FEMA for the reimbursement of funeral expenses for those who have died from COVID. Exact details are limited, but families will be eligible for a reimbursement up to $7,000 for funeral assistance. The funds will be available for COVID deaths dating back to January of 2020.

Funeral expenses are often
Continue Reading COVID-19 Funeral Assistance Approved Via FEMA

With the current worldwide pandemic, it is a good time to check your commercial insurance policy and any recent amendments. Most likely you do not have virus coverage for liability claims. Many recent amendments clearly state modification to your insurance and it now eliminates any insurance coverage by EXCLUSION – INFECTIOUS OR COMMUNICABLE DISEASE.
The legal impact is that under a lease or contract with indemnification for other party’s claims one could pick up liability for their employees or
Continue Reading COVID and Insurance Exclusions

Hurley Burish, S.C. is proud to announce that we have seven attorneys selected to the 2020 Wisconsin Super Lawyers and Rising Stars list.

Congratulations to Attorney Stephen Hurley, Attorney John Mitby, Attorney Marcus Berghahn, Attorney Andrew Erlandson, Attorney Jonas Bednarek, and Attorney Patrick Fiedler. A special congratulations to Attorney Peyton Engel on being selected to the 2020 Rising Stars list.
Continue Reading 2020 Wisconsin Super Lawyers and Rising Stars

Author: Attorney John C. MitbyPhone: 608-257-0945Email: jmitby@hurleyburish.com

There is a serious problem with COVID-19 pandemic-related claims. Insurers are refusing to provide coverage due to exclusions on infectious or communicable diseases. As businesses and healthcare providers may face lawsuits over coronavirus exposure, some states have begun to respond through legislation to provide temporary protection related to the unique challenges that the pandemic has brought upon businesses and healthcare providers.

Ohio is one such state. It has taken steps to temporarily
Continue Reading COVID-19 Exposure, Insurance Exclusions, and Tort Liability: Will Wisconsin be Next to Provide Additional Protections?

Attorney John Mitby receives the DCBA Lifetime Pro Bono Award for making a positive and lasting impact on the community and on the lives of individuals, young and old, including those with cognitive and physical disabilities, socio-economic challenges, and others traditionally marginalized. Atty. Mitby is a longstanding legal services volunteer for AgeBetter, a non-profit organization serving older adults.

Since 2005, Atty. Mitby has provided legal advice and services to develop and sustain AgeBetter’s Sharing Active Independent Lives (SAIL) program.
Continue Reading Congratulations to Attorney John C. Mitby on the DCBA Lifetime Pro Bono Award

Spoiler alert: this article addresses some of the plot details of the film Knives Out.
I’m something of a film buff.  I’ve been a big fan of director Rian Johnson ever since I saw his first feature length film Brick in theaters when I was in college back in 2005. It’s also my opinion that his take is the best of the newest set of Star Wars films, and am available to bore anyone with my reasons why.
Mr.
Continue Reading Knives In – How Harlan Thrombey Could Have Saved Marta Cabrera

This practical series, “Nuts and Bolts,” is intended to demystify the process of being charged with a crime in Wisconsin state (circuit) courts. The court process can be overwhelming. Knowing what to expect from the process may make it less confusing and unpredictable, and hopefully less stressful.
Is There Probable Cause ? – Initial Appearances, Preliminary Hearings and Plea Hearings
The government may not proceed with a criminal prosecution unless a judge or court commissioner finds “probable cause” that
Continue Reading Nuts and Bolts Series: Criminal Court in Wisconsin Vol. 2 – Initial Appearances, Preliminary & Plea Hearings

Author: Attorney David E. SapersteinPhone: 608-257-0945Email: dsaperstein@hurleyburish.com

This practical series, “Nuts and Bolts,” is intended to demystify the process of being charged with a crime in Wisconsin state (circuit) courts. The court process can be overwhelming. Knowing what to expect from the process may make it less confusing and unpredictable, and hopefully less stressful.

Will I Be in Jail During My Case? — Bail and Pretrial Release

Most accused persons are released from custody during the pendency of their
Continue Reading Nuts and Bolts Series: Criminal Court in Wisconsin

Author: Attorney Marcus BerghahnPhone: 608-257-0945Email: mberghahn@hurleyburish.com

We advise our clients to not speak with law enforcement without first seeking the advice of counsel.  Because when speaking with law enforcement you have two choices:  tell the truth or say nothing at all.  Anything short of the truth—even when law enforcement knows the statement to not be true—is a crime.  But telling the truth may not be preferable, because the truth may implicate you in a crime, whether you know it
Continue Reading On False Statements & Talking to the Police

Author: Attorney Marcus J. BerghahnPhone: 608-257-0945Email: mberghahn@hurleyburish.com

Given that parking tickets are probably one of the most common and annoying types of police contacts that a citizen may have, it’s not surprising that a smart attorney found the right case to challenge the manner in which parking restrictions were enforced:  by chalking tires.  In Madison, a number of parking enforcement vehicles employ tire chalking and a virtual counterpart: automated license plate reading technology.

Within the last year two different
Continue Reading Parking Enforcement, Chalk, License Plates Readers and the Fourth Amendment

Authors:
Attorney John C. Mitby

Phone:
608-257-0945

Email: jmitby@hurleyburish.com

On March 27, 2020, the President
Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act
(“CARES Act”) to provide relief to individuals, businesses and hospitals in
response to the economic distress caused by the coronavirus (COVID-19) pandemic.
You should review and fill out the forms and see if you, your tenant, your
business, or a business you are working with or have contract with qualifies
(one should
Continue Reading Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)