West Bend Lawyers answer your Frequently Asked Questions

Should I be represented by a lawyer?

What kind of Lawyer do I need

How much do lawyers charge

What is the difference between a misdemeanor and a felony?

What are my Miranda Rights?

How long does it take to get divorced in Wisconsin?

What is Mediation?

Should I be represented by a lawyer?

This is the first question you should ask yourself. In some cases you can handle the problem without hiring a lawyer. If the problem is small and can be handled without the advice of a lawyer then you can usually find the forms and resources to help you online. However, if the situation involves a major problem like being in a lawsuit or charged with a crime you probably need a lawyer.
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What kind of Lawyer do I need?

Lawyers can focus in one or several areas of the law. General practitioner, often have a broad range of legal issues that they can cover. If your legal issue involves a specialized area of law like criminal, family, real estate, bankruptcy, taxation or patent law then you may be better off to contact a lawyer for that specific area of law. If your legal issue is somewhat simple and basic then a general practice lawyer should be able to help you.
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How much do lawyers charge?

There are several different types of fee arrangements including hourly, flat fees and contingent fees. Hourly fees are calculated by multiplying the amount of hours an attorney works on your case by the attorney’s hourly rate. Contingent fees are fees that allow the attorney to receive a certain agreed upon percentage of any judgment amounts received by you. A fixed rate places a set price for the services an attorney will provide to you. Attorney fees are usually calculated without including court costs and filing fees that are usually paid up front by the client.

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What is the difference between a misdemeanor and a felony?

A misdemeanor is a lesser criminal act considered not as serious of an offense as a felony. A misdemeanor usually are punished with monetary fines. Only repeat misdemeanor offenders are punished by actual jail time often with a maximum sentence of one year in county jail. A felony is a serious crime punishable by more than one year in state prison. Crimes commonly considered to be felonies include, but are not limited to: aggravated assault and/or battery, arson, burglary, illegal drug abuse/sales, embezzlement, grand theft, tax evasion, treason, espionage, racketeering, robbery, murder, rape, kidnapping, torture, and fraud.
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What are my Miranda Rights?

A Miranda warning must begiven by police to suspects and criminals by police before they are interrogated. U.S. jurisdictions have different regulations about what is required in a Miranda warning when someone is arrested or placed in a custodial situation, the basic warning is:

“ You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights?"

If there are mistakes, that does not necessarily mean that you are not guilty. It means that a lawyer could have statements made or evidence gathered as a result of the violation found inadmissible in a court of law helping in your defense.

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How long does it take to get divorced in Wisconsin?
Topically a person cannot obtain a divorce until at least 120 days have passed from the date both parties receive notice that a divorce action is pending.  Traditional divorces can take as long as necessary, but most divorces are wrapped up within 12 months.  If there are bitter custody or property disputes, it is not unusual for the process to last an additional 6-12 months beyond the standard one year mark.  In Collaborative Divorce, it is not unusual for the divorce to be finalized around the 6 month mark. 

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What is Mediation?

Mediation is an alternative, during divorce, for finding solutions to issues such as child custody and spousal support.  A mediator is neutral and does not represent either party. In Divorce Mediation, the mediator facilitates the discussions between the two parties  by assisting with communication and providing information and suggestions to help resolve differences. Mediation can save time and money, is fair to all concerned, is confidential process, and can help to avoid long, drawn out litigation.

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Call or contact West Bend Lawyers at The Law Office of John A Best for your initial consultation. We can help.