First Offence OWI Consequences in Wisconsin

Being guilty of a first offense OWI charge in Wisconsin often means:

• A fine between $150 to $300 in addition to significant surcharges and court costs
• Suspension of your driver’s license from 6 to 9 months
• A mandatory alcohol and drug assessment
• If over a certain blood alcohol content level, an ignition interlock device may be required on your vehicle
• Higher auto insurance rates for years to come & being labeled a high-risk driver with a requirement of SR-22 insurance for at least 3 years.
• The need for an occupational license to drive to and from work if you are eligible
• A $200 license reinstatement fee when reapplying for a drivers license or occupational license
• All of these fines can double in amount if there was anyone in the vehicle with you under 16 years old

First offense OWI can stay on your driving record forever. Rarely, if ever, can this be expunged in Wisconsin. It’s a smart move to hire an experienced attorney to fight your charges and try and get them dismissed or reduced before your conviction. Contrary to common belief is that the cost of the lawyer will be more than the offense itself. This is not true. Some estimates put the cost of an OWI of $30,000 or more during your life!

If you’ve been charged with OWI in Waukesha, Milwaukee, or anywhere in Southeast Wisconsin, get a hold of Attorney John Paul Marchan today to help you.

Can Child Support Orders Be Modified?

Yes. Child support orders can be changed in instances where there are material changes in circumstances for the supporting parent’s situation since the child support order was issued.  These changes can include, for example:

  • A substantial increase or decrease in income
  • Job loss
  • Unexpected expenses
  • Large medical expenses
  • A change in the time spent with a child or the children

Large and/or unexpected decreases in income is a reason to request changes to your child support order. To avoid the additional expense of a court-mandated change, you can ask the other party to agree to a payment deferral or a temporary reduction of the payments. If the party agrees, get the terms of the agreement in writing and sign and date the document.

If the request is denied by or won’t work with the other party, ask the court to modify the amount of the child support owed in the future, explaining the unavoidably large drop in your income that is unlikely to be made up soon. Explain why and how the modification would be fair. Most courts are actually sympathetic and receptive to making the necessary modifications to child support payments when you have experienced a a job loss or other financial setback.

Requesting a change in child support is preferably done on the advice of your lawyer. Paying a lawyer to help you with these modifications can pay for itself several times over by avoiding costly mistakes or complications with the other party.

Wisconsin Child Support

If you are in need of child support help, we invite you to contact The Law Offices of John Paul Marchan today at 262-278-0706 or Contact Us Here. We are located in Waukesha, WI, and serve clients throughout all of Greater Milwaukee and Southeast WI.

 

 

Legal Services During COVID-19

COVID-19 continues to affect people and businesses throughout Wisconsin and across the globe. As a result, many businesses and individuals will have to address a host of legal issues related to the coronavirus, as well as other legal issues and cases that have been delayed due to courthouse closings.

At The Law Offices of John Paul Marchan, we are staying informed of the latest health and legal developments related to COVID-19. We are able to still offer counseling over the phone to discuss your legal matters.

We offer FREE initial consultations to discuss any legal issues you may be facing. We invite you to contact Attorney Marchan directly at 262.278.0706 or contact us online here.

Were You Not Read Your Miranda Rights?

The Fifth Amendment: Your Miranda Rights

The Fifth Amendment protects you from making any potentially self-incriminating statements if you are being arrested. If you are under arrest, it is the law that you are to be informed of your Miranda rights that inform you of the following:

  1. You have the right to remain silent.
  2. Anything you say can and will be used against you in a court of law.
  3. You have the right to an attorney.
  4. If you cannot afford an attorney, one will be appointed for you.

This means when an officer “reads you your rights,” you aren’t required by law to speak with the police and may request an attorney.

What If I Am Not Read My Miranda Rights While Being Arrested?

If you are not read your Miranda rights when being arrested, anything you say is presumed to be involuntary, and therefore cannot be used against you in any case trial. Any evidence that may have been discovered because of what you said while not being informed of your rights may likely also inadmissible.

If you believe that your Miranda rights have been violated, it is important to have a knowledgeable criminal defense attorney fighting for you. The very real possibility exists that this may have a big effect on your case and could even lead to a dismissal of the charges against you.

For any criminal matter, whether or not you have been read your rights, we invite you to contact Waukesha attorney John Paul Marchan here for a FREE initial consultation to discuss your case.

 

waukesha lawyer

Attorney John Paul Marchan

How to Find The Best Criminal Defense Attorney

If you find yourself under arrest for a crime, it’s so important to get the best criminal defense attorney that you can to represent you. All too often public defenders are buried under an unending load of cases & cannot fully commit the time, attention, energy & understanding you deserve when facing charges in a court of law. While a public defender may mean well, that alone is not enough to be sure you are receiving the best legal representation that you deserve.

If you are looking online for a lawyer to help defend you, it pays to do your homework. Lawyers pay a lot of money to fiercely compete to be found first on Google. For example, in 2019, there were 18,100 online searches in the United States for “criminal lawyer”. Those law firms who run advertising on Google were willing to pay up to $40.38 for each time someone clicked on their ad to be bought to their website! Do the deep pockets here represent a numbers game more than they do top-quality legal help? It is likely possible. It’s better to look through search results that come up in Google searches than to simply click on the ads, and then really look at the client testimonials, the legal qualifications, length of service & legal specialty areas of a lawyer to make a wise choice.

Don’t be afraid to call a law office and request a free consultation to discuss your case. This opens up the dialogue and may provide you with some good free of cost legal advice, whether you decide to choose this defense attorney or not. The lawyer may be able to tell you more about the charges against you & what you might be able to expect moving forward. A good lawyer will be transparent about the costs involved to defend you & many great defense attorneys are willing to work this out with you in a way that will work for both of you.

Don’t be discouraged if the lawyer you call isn’t readily available to take your call. Oftentimes, they may already be in court defending another case. Think about it- it’s not always the case, but if a lawyer is sitting there waiting for the phone to ring, should that be a possible red flag? On the other hand, the person you talk to should be able to commit to a relatively quick timeline for a call back from the lawyer. If you are seeming to wait to long, or don’t receive a call back within the agreed upon timeline, or if the lawyer doesn’t sound confident, or is tired or seems too busy to talk to you for long, it may be in your best interest to make a call somewhere else.

As well as looking at testimonials on the website, look for reviews of the lawyer on Google, Yelp, social media to get the full picture. It always pays to ask people you know too for referrals. Perhaps there is a relative or friend who is a defender, or perhaps someone required a lawyer in the past and will have a rave review or a warning about who they used.

Don’t always trust the lawyer review sites that mention “the 10 best lawyers” in your city. Although these sites are usually found at the top of internet search results. You can be sure that many of these are charging the lawyers fees for “premium positioning”- not unlike the Yellow pages phone book. The biggest ad doesn’t mean it’s the best law firm for your defense!