From everyone at Petit & Dommershausen, SC, to all of our clients, their families, and our community – Happy Holidays!
If you have driven through, or live in, any medium to large-size city in Wisconsin, chances are you have seen at least one “CBD Oil Sold Here!” banner hanging in a store window. The use of CBD oil has become increasingly trendy over the last year, and many users claim that it can help promote sounder sleep, reduce inflammation and pain, and help reduce stress and anxiety. But one thing many Wisconsin consumers wonder is whether it is in fact legal to possess and use CBD oil.
The most recent bill addressing the legality of CBD oil was passed by the Wisconsin State Legislature in 2017. The bill allowed for citizens to possess CBD oil if a doctor confirmed, in writing, that the product was being used to treat a medical condition. This law is embodied in Wis. Stat. § 961.32(2m)(b) and remains in effect to this day. What that means is that possession of CBD oil without a valid note from a doctor can technically be prosecuted as a misdemeanor criminal offense.
At this point, you may be wondering how none of your friends and family members have been charged with some sort of possession offense after leaving the CBD store on the corner with a bag full of CBD gummies, oils, or vapes without first obtaining a doctor’s note. You may also be wondering how that CBD store on the corner has been allowed to remain in business in the first place.
In 2018, the Wisconsin State Legislature passed a bill authorizing farmers throughout the state to grow industrial hemp. The hemp produced by farmers can be used to produce and sell CBD oil. Due to the conflict this created in the CBD law, the Wisconsin Attorney General’s office released a statement in May of 2018 advising law enforcement officials throughout the state to refrain from enforcing the requirement that consumers must possess a physician’s note in order to use CBD oil. In other words, while you are still technically required to have a physician’s note to use CBD oil, you will most likely not be charged with any criminal offense if you do not have one. If you’d like to play it safe, obtaining a doctor’s authorization is your best option!
While the use of CBD oil seems to be trending towards complete legalization, possession of marijuana remains illegal in the state of Wisconsin. If you or a loved one has been charged with a marijuana-related offense, call Petit & Dommershausen for legal assistance today at (920) 739-9900.
What will happen if I am charged with a misdemeanor? What happens after a misdemeanor conviction? Can I go to college after a misdemeanor conviction?
These and many other important questions are asked when dealing with a misdemeanor charge. Unfortunately, many people don’t fully understand the consequences of a misdemeanor conviction in Wisconsin. A conviction for a misdemeanor – especially a violent or drug-related misdemeanor – can carry serious penalties and deeply impact your life.
What Is a Misdemeanor?
Wisconsin Law States that a misdemeanor offense is an offense for which the maximum possible penalty is 12 months or less jail. A misdemeanor offense could include:
Domestic violence, like battery or disorderly conduct
Operating While Intoxicated (OWI aka DUI)
Prostitution and solicitation, and
Resisting or obstructing arrest
A misdemeanor conviction could carry a significant sentence. A sentence could include jail time, probation and other consequences that may affect your finances and freedom. Community service, fines, and other obligations could be imposed on your by the court at sentencing.
Certain misdemeanor offenses can affect your firearm rights. Even though you haven’t been convicted of a felony, certain domestic abuse offenses may impose federal prohibitions on firearm possession.
Work or School Issues
If you are sentenced to jail or have other conditions imposed on you, it may be difficult to meet the expectations of your employment or school. Following a conviction, it may be hard to find suitable employment or gain acceptance into certain types of schooling or maintain certain professional licenses.
The Petit & Dommershausen, SC, team will work with you to mitigate or lessen the harsh consequences of a misdemeanor conviction. We can employ legal strategies to review your case for potential defenses, conduct assertive negotiations on your behalf, advise you on steps that may assist the resolution of your case, and obtain outcomes that may circumvent difficulties that may arise with a charge or conviction.
Cost considerations are an important factor in the selection of any good or service. Making an informed choice necessarily includes an assessment of possible costs. These questions often are raised when considering hiring a lawyer to assist with a child support matter.
Child Support Lawyer from the Child Support Agency
Many folks first experience with a lawyer connected to a child support case is the lawyer who works with and for the county child support agency. You should be aware, that lawyer is not a lawyer representing you. That lawyer may advocate for you to receive child support, but the lawyer does not owe a client duty to you. That lawyer is a representative of the county and its child support agency in its capacity as an advocate for children.
While it may save some legal fees in the short term to handle a matter on your own and let the attorney from the child support agency do all the talking and legal work, it may not be in your interest. You have the right to a lawyer to assist you and be your representative.
Child Support Attorney Fees
Child Support attorney fees can be based on either a per-hour or flat-fee basis. To find out more about child support attorneys and how much they cost, continue reading.
Reasons to Hire a Child Support Attorney
Before we get to how much it may cost, lawyers will often need to understand the type of case and the legal work that may be necessary. There are certain circumstances that we advise you strongly consider hiring an attorney.
- Establishing paternity. If Dad is on the birth certificate, that may just be the first step in the process. A child support hearing may be scheduled, but at that hearing additional important legal issues may be considered by the court. The court will presume you are able to handle these issues regardless of whether you have consulted an attorney. The issues for review may be Child Legal Custody, Child Placement, Child Support, Variable Expenses, Birthing Expenses, and numerous other issues.
- Child Support matters with variable income. Is a parent self employed? Works a few jobs? Changes jobs frequently? These additional areas of complexity require additional legal analysis that may not be completed at your hearing.
- Need to Modify an existing agreement or order. If changes are needed, the court may require a specific legal showing to occur before it even considers the need for a change. In these cases, a lawyer may be able to present law and facts that may meet the court’s expectations and then also necessitate a change in support.
- Collecting outstanding child support. Does a parent owe back support? In those circumstances, a lawyer can assist in understanding how a back amount is calculated and how it may be resolved.
But How Much Does It Cost?
Short answer = it depends. A consultation with a lawyer would get you the best understanding of the potential costs. It may be far more affordable that you think.
The ultimate costs depend on your circumstances, the parents placement arrangements, the other areas of dispute between the parties, and the conflict level. If some of the circumstances described above are present plus a high level of conflict, legal costs can be high. It may be in a parent’s interests to negotiate, but that doesn’t always happen.
At Petit & Dommershausen, SC, we pride ourselves on good legal service and a transparent billing process. Our lawyers will directly outline the nature of our representation agreements and the retention costs. Once we are on board as your lawyers, you will be kept up to date with all financial circumstances and our Office Manager and staff will be happy to respond to additional inquiries.
Interested in learning more about the role of a Defense Attorney? Attorney Nathan J. Wojan, from Petit & Dommershausen, SC, offers a brief outline on the topic in this video. Interested in learning more? Call him at 920-739-9900. Attorney Wojan serves Wisconsin.
Petit & Dommershausen, SC, is grateful for the warm welcome our Green Bay Area office has received. We would like to extend our appreciation by joining Green Bay and Northeast Wisconsin in GREEN BAY’S GREATEST COMEBACK by donating to the Bay Beach efforts at restoration and revitalization efforts.
For each new like Petit & Dommershausen, SC receives on Facebook from June 21, 2019 to September 1, 2019, we will donate $1 to Bay Beach with a maximum donation of $500. Be sure to like us and share this post with your friends! Bring Back the Beach.
Find more information here.
Interested in learning more about Estate Planning? Attorney Nathan J. Wojan offers a brief outline on the topic in this video. Interested in learning more? Call him at 920-739-9900
What is a Domestic Violence Restraining Order?
A judge or circuit court commissioner may grant an injunction, also known as a restraining order, that orders a person to refrain from committing acts of domestic abuse against the petitioner, to avoid the petitioner’s residence, or any other location temporarily occupied by the petitioner or both, or other remedies under law.
A Court may grant such an injunction if all of the following occur:1. The petitioner files a petition alleging the necessary elements 2. The petitioner serves upon the respondent a copy or summary of the petition and notice of the time for hearing on the issuance of the injunction, or the respondent serves upon the petitioner notice of the time for hearing on the issuance of the injunction.3. After hearing, the judge or circuit court commissioner finds reasonable grounds to believe that the respondent has engaged in, or based upon prior conduct of the petitioner and the respondent may engage in, domestic abuse of the petitioner.
What is domestic abuse?
Wisconsin Statutes for the Entry of a Domestic Violence Restraining Order provide the following definitions.
“Domestic abuse” means any of the following engaged in by an adult family member or adult household member against another adult family member or adult household member, by an adult caregiver against an adult who is under the caregiver’s care, by an adult against his or her adult former spouse, by an adult against an adult with whom the individual has or had a dating relationship, or by an adult against an adult with whom the person has a child in common:1. Intentional infliction of physical pain, physical injury or illness.2. Intentional impairment of physical condition.3. A violation of s. 940.225 (1), (2) or (3).4. A violation of s. 940.32.5. A violation of s. 943.01, involving property that belongs to the individual.6. A threat to engage in the conduct under subd. 1., 2., 3., 4., or 5.(b)
“Dating relationship” means a romantic or intimate social relationship between 2 adult individuals but “dating relationship” does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context. A court shall determine if a dating relationship existed by considering the length of the relationship, the type of the relationship, and the frequency of the interaction between the adult individuals involved in the relationship.
“Family member” means a spouse, a parent, a child or a person related by blood or adoption to another person.(c)
“Household member” means a person currently or formerly residing in a place of abode with another person.(ce)
“Reasonable grounds” means more likely than not that a specific event has occurred or will occur.(cj)
Do you need legal assistance with a Domestic Violence Restraining Order?
Attorney Nathan J. Wojan and the rest of the legal team at Petit & Dommershausen is here to help. Call 920-739-9900 for your confidential consultation. We have assisted many people through these difficult proceedings and we can help you.
Were you arrested for prostitution in Wisconsin?
Did you make a mistake? Were you arrested? Don’t let one mistake get in the way of making better decisions moving forward. The Wisconsin Law Firm Petit & Dommershausen, SC, can help you today. Our team of attorneys have the experience to guide you through the legal process, the judgment to defend your case, and the compassion to work with you through a trying time. We can assist you in reducing the negative consequences of your law enforcement contact which may include reduction or avoidance of jail time, less intensive supervision than may have been ordered, or even dismissal of charges under the proper circumstances depending on the facts of the case.
Attorney Nathan Wojan is ready to take your call today. Reach him at 920-739-9900 or contact the firm here.
In Wisconsin, the following laws govern prostitution related crimes: