Frequently Asked Questions
Gerard Law Firm FAQs
What types of cases can Gerard Law Firm beat?
The Gerard Law Firm Team have had numerous types of cases dismissed or reduced including, but definitely not limited to, drunk driving, felony drug charges, and domestic violence.
Where does Gerard Law Firm accept cases?
We are a statewide law firm with our headquarters in Delavan, WI. We practice in all 72 counties in Wisconsin including Milwaukee County, Dane County, Rock County, Columbia County, Racine County, Ozaukee County, Washington County, Dodge County, and many more. Our expertise allows us to navigate the legal landscape of Wisconsin efficiently.
How can I schedule a consultation with Gerard Law Firm?
You can schedule a consultation by calling our office at (414) 690-9872, or filling a form on our contact page. We offer flexible scheduling options, including in-person and virtual consultations.
Is an in-person meeting required for consultations?
We offer flexible consultation options to accommodate your needs. Consultations can be conducted in person, over the phone, or via video conferencing platforms like Zoom. We also provide electronic payment options and can handle necessary paperwork digitally for your convenience.
Does Gerard Law Firm handle immigration cases?
At Gerard Law Firm, we recognize that immigration matters require specialized knowledge and attention to detail. Although our firm does not handle immigration cases directly, we are pleased to connect you with trusted and experienced colleagues who can help. We have chosen to refer our clients to De Maio Immigration Law, a reputable firm known for its expertise and dedication to clients facing immigration challenges.
How does Gerard Law Firm communicate with clients during a case?
We prioritize clear and consistent communication, via phone, text, email, and mail, keeping you informed about your case's progress and promptly addressing any questions or concerns.
What sets Gerard Law Firm apart from other law firms?
Our commitment to personalized attention, local expertise, and a proven track record of success distinguishes us. We are dedicated to achieving the best possible outcomes for our clients.
What should I bring to my initial consultation?
Please bring any relevant documents, such as court papers, police reports, or correspondence related to your case, to help us assess your situation effectively.
General Legal FAQs
How do I know if I need a lawyer for my legal matter?
While not every legal issue requires an attorney, having professional legal representation can significantly improve the outcome of your case. At Gerard Law Firm, we provide personalized guidance to help you navigate even the most complex legal challenges.
How long does the legal process take?
The timeline varies depending on the complexity of your case. While we strive for efficient resolution, our priority is to ensure thorough and effective representation.
Should I represent myself in court?
While you have the right to self-representation, legal matters are complex. Hiring an experienced attorney significantly improves your chances of a favorable outcome.
FAQs About The Police
What are my rights during a police encounter?
During a police encounter, you have important rights protected by the Constitution:
Right to Remain Silent: You are not required to answer questions beyond providing basic identification. Politely inform the officer, “I am exercising my right to remain silent,” and avoid volunteering additional information.
Right to an Attorney: If you are detained or questioned, you have the right to request legal representation. Clearly state, “I want to speak with an attorney,” and do not answer questions until your attorney is present.
Protection Against Unlawful Searches and Seizures: Under the Fourth Amendment, police generally need a warrant to search your property, unless there is reasonable suspicion that a crime has, or is, occurring. If an officer requests to search, you can politely decline by saying, “I do not consent to this search.”
Right to Be Free from Coercion: Law enforcement cannot legally force or intimidate you into making statements. Any evidence obtained through illegal means, such as coercion or warrantless searches, may be inadmissible in court.
While exercising these rights, remain calm, respectful, and avoid escalating the situation. If your rights are violated or you’re unsure how to proceed, contact Gerard Law Firm immediately to protect your legal interests.
What should I do if law enforcement wants to question me?
It's crucial to exercise your right to remain silent and request an attorney before speaking with law enforcement. Anything you say can be used against you. Contact Gerard Law Firm immediately to discuss your options and ensure your rights are protected.
Should I consent to a search if asked by the police?
You are not obligated to consent to a search. Law enforcement must have probable cause or a warrant to conduct a search unless you provide consent. It's advisable to consult with an attorney before agreeing to any searches to safeguard your rights.
Should I give any information to the police before I hire an attorney?
No, it is generally not advisable to provide information to the police before consulting with an attorney. While you are required to provide basic identifying information such as your name, address, and date of birth, you are not obligated to answer any other questions. Exercising your right to remain silent and requesting an attorney is the best way to protect yourself, as anything you say can be used against you later. At Gerard Law Firm, we are here to guide you through this process and ensure your rights are upheld. Contact us immediately if you are in this situation.
Criminal Defense FAQs
Should I consent to a police search?
No. You are not obligated to consent to a search unless law enforcement has probable cause or a warrant. Contact us immediately if you are facing such a situation.
What should I do if I’m arrested?
Remain silent and request an attorney. Do not provide any information other than identifying details until you’ve spoken with legal counsel.
What are the potential penalties for a first-time OWI offense in Wisconsin?
Penalties may include fines, license suspension, or mandatory alcohol assessment. We’ll evaluate your case to identify defenses and minimize consequences.
How can Gerard Law Firm help with drug-related charges?
We challenge the evidence, such as the legality of the search and seizure, and work to reduce or dismiss charges whenever possible.
What should I do if I’m accused of domestic violence?
Contact us immediately. Domestic violence cases have serious consequences, and our team will ensure your rights are protected while building a strong defense.
How does Gerard Law Firm approach criminal defense cases?
We conduct thorough investigations, challenge evidence, and develop strategic defenses tailored to each client's unique circumstances.
How does Gerard Law Firm approach OWI/DUI cases?
Our legal team thoroughly examine all aspects of OWI/DUI cases, including the legality of the traffic stop, administration of field sobriety tests, accuracy of breathalyzer results, and more. We aim to identify any procedural errors or rights violations to build a strong defense on your behalf.
Can Gerard Law Firm assist with drug-related charges?
Yes, our team is experienced defending clients against various drug-related charges like possession, distribution, and paraphernalia offenses. We work diligently to challenge evidence and seek the best possible outcome for your case.
How does Gerard Law Firm approach Domestic Violence cases?
We advise all who are involved in domestic violence cases that it is essential to seek legal representation immediately. Our legal team can help navigate the complexities of domestic violence cases, protect your rights, and work towards a fair resolution.
Family Law FAQs
What is the process for filing for Divorce in Wisconsin?
Filing begins with submitting a Petition for Divorce in the county where either spouse resides. After filing, there is a mandatory 120-day waiting period before the divorce can be finalized.
How does Gerard Law Firm handle family law matters like divorce and child custody?
We provide compassionate and personalized legal services for family law matters. Our goal is to achieve amicable solutions through negotiation and mediation, but we are prepared to advocate vigorously in court if necessary.
How is child custody determined in Wisconsin?
Custody decisions prioritize the best interests of the child, considering factors such as the child’s relationship with each parent, adjustment to their home, school, and community, and the mental and physical health of all parties.
Can child support or custody orders be modified after a divorce?
Yes, modifications are possible if there is a significant change in circumstances, such as income changes, relocation, or the child’s evolving needs.
What should I do if my spouse is hiding assets during the divorce process?
If you suspect hidden assets, our firm can help uncover them through legal discovery processes. Courts penalize dishonesty in financial disclosures.
What rights do grandparents have in Wisconsin regarding visitation?
Grandparents can seek visitation rights if it serves the best interests of the child. Courts evaluate the relationship and other factors to determine visitation arrangements.
Costs & Payments FAQs
What is a retainer, and how does it work?
A retainer is an upfront deposit for legal services. As work is completed, fees are deducted from the retainer balance. Once it’s exhausted, additional fees are billed hourly.
What payment options does Gerard Law Firm offer?
We accept various payment methods, including cash, check, credit cards, and payment plans through LawPay + Affirm to make legal services accessible.
What should I do if I have concerns about legal costs?
Discuss your concerns with us. We offer payment plans and strive to provide transparent, detailed invoices so you know exactly where your money goes.