Hurley Burish, S.C. Current Publications

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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”)

Authors: Attorney John C. Mitby and Attorney Elizabeth L. SpencerPhone: 608-257-0945Email: jmitby@hurleyburish.com, espencer@hurleyburish.com

As employers continue to cope with the
consequences of the coronavirus (COVID-19) global pandemic they may face the
unfortunate decision of having to engage in mass layoffs of employees or close
their business entirely. Wisconsin employers need to be aware of the
requirements imposed by both state and federal law in these situations. While
the law in this area is complicated by numerous exceptions based
Continue Reading Wisconsin Business Closings and Mass Layoffs in the Time of Coronavirus

Attorney Elizabeth Spencer
Email: espencer@hurleyburish.com
Phone: 608-257-0945
As the member of one successful LLC you may be considering striking out on your own or starting another company. While you are planning to start that new business, you should be aware of the duties you owe your current LLC.
A member of a Wisconsin LLC that starts a competing business may open themselves up to claims from the other members for violating their fiduciary duties by violating Wis. Stat. 183.0402,
Continue Reading Fiduciary Duties With Membership in Multiple LLCs

By: David E.
Saperstein

Email: dsaperstein@hurleyburish.com

Phone: 608-257-0945

We are taught as children, and presumably we still teach our
children, that telling the truth is a virtue; that there is nothing more important
than the truth. One could argue that truth is elemental to a cohesive societal
order.

It is also a foundational, elemental principle of the
American criminal justice system that we are all presumed innocent, even when (and
especially when) we are accused of wrongdoing.[i]

However,
Continue Reading When Asserting Your Innocence Can Be a Crime

Authors: Attorney Elizabeth L. Spencer

Phone: 608-257-0945

Email: espencer@hurleyburish.com

Whether an employee is voluntarily leaving employment or
an employer is terminating an employees’ employment, questions may arise on
what wages are due. One key question that may arise is how will unused vacation
time be handled and how is it required to be handled by law.

While some states do require
that unused vacation time be paid to a departing employee, Wisconsin is not one
of those states. Under
Continue Reading Am I required to pay out my employee’s unused vacation time?

Author: Attorney Catherine E. WhiteEmail: cwhite@hurleyburish.comPhone: 608-257-0945

When plea bargaining or trial doesn’t go the way you wanted it to, the final judgment entered by the trial court may be just the beginning of the legal battle.

The first step is usually a
direct appeal. In a direct appeal, the defense attorney will usually file a
brief with the appellate court that identifies errors made by the trial court.
For example, the brief might argue that the judge erred
Continue Reading I’ve Been Convicted of a Crime. Now what?

Attorney Catherine E. WhitePhone: 608-257-0945Email: cwhite@hurleyburish.com

A federal conviction for being in unlawful possession of a firearm, in violation of 18 U.S.C. § 922(g), usually carries a 10-year maximum sentence. But under the Armed Career Criminal Act (ACCA), the defendant is instead subject to a 15-year mandatory minimum sentence, with a maximum possible sentence of life, if he or she has three or more prior convictions for a “violent felony” or “serious drug offense.” 18 U.S. Code § 924(e)(1).

Because
Continue Reading Using 28 U.S.C. § 2241 To Challenge an ACCA Sentence

Attorney Thomas VercauterenPhone: 608-257-0945Email: tvercauteren@hurleyburish.com

Recently, Dane
County decided to end its partnership with the Henry Vilas Zoological Society, the
nonprofit entity that supported the Vilas Zoo. 
The county cited concerns regarding the large cash reserves that the
nonprofit held and the accessibility of funds raised with the intention to
support the zoo.

Perhaps
overlooked in the consequences of the termination of this partnership is the
number of individuals that have named the Zoological Society as a beneficiary
under
Continue Reading What happens when a charity named in my estate plan goes defunct?

Attorney Sarah SchuchardtPhone: 608-257-0945Email: sschuchardt@hurleyburish.com

Wisconsin changed the relocation statute just over a year ago, which changed the process and what a parent must establish before getting approval to relocate with the minor child(ren) after a divorce or paternity judgment. Previously, a parent seeking to relocate only had to provide notice and an opportunity to object if the relocation was to another state or more than 150 miles from the other parent’s residence.

The new statute, WIS. STAT. §
Continue Reading Divorced/Single with minor children and planning to move? Read this Primer on the Change in the Wisconsin Relocation Statute

Check out the link to read the full article!

https://www.wisbar.org/NewsPublications/InsideTrack/Pages/Article.aspx?Volume=11&Issue=9&ArticleID=27003&source=carousel
Continue Reading Attorney Marcus Berghahn was recently quoted in an article by Inside Track: “OWI Law: U.S. Supreme Court Weighing Wisconsin Case on Implied Consent”

Attorney Marcus Berghahn
Phone: 608-257-0945
Email: mberghahn@hurleyburish.com

Wisconsin law provides that an individual who has been convicted of a “sex offense” must register as a sex offender. A qualifying “sex offense” is defined in Wis. Stat. § 301.45(1d)(b). Unless the individual was convicted of the most serious offenses or was found to be a sexually violent person, the registration requirement usually ended 15 years after the sentence was deemed served. Thus, whether an individual was placed on probation or
Continue Reading New Department of Corrections Interpretation of Sex Offender Registry Statute Now Requires Thousands of Individuals to Register as Sex Offenders For Life.

Attorney Sarah SchuchardtPhone: 608-257-0945Email: sschucardt@hurleyburish.com
The Wisconsin Supreme Court issued a unanimous ruling on December 21, 2018 in State of Wisconsin v. Justin A. Braunschweig, 2018 WI 113, that a prior expunged OWI must be counted when determining penalties for subsequent OWIs.  State of Wisconsin v. Justin A. Braunschweig, 2018 WI 113, ¶ 2.  The Court also ruled that prior OWI convictions must only be proved by the State by a preponderance of the evidence.  Id. ¶ 3.
Braunschweig
Continue Reading An Expunged OWI Counts for Purposes of Determining Penalties for Subsequent OWIs