Eisenberg Law Offices | Law Firms in Madison WI

Eisenberg Law Offices | Law Firms in Madison WI

Friday, May 25, 2018

What makes a Wisconsin juvenile crimes court different than adult court?

A Wisconsin Juvenile Crimes Court may provide leniency

Hearing that your child has to attend a Wisconsin juvenile crimes court is not pleasant news. However, it does not have to be bad news, either. A juvenile crimes court is set up specifically to help guide the juvenile involved. There can be punishment, but the system treats a juvenile crime in a much different manner than an adult crime.
When a minor is accused of a crime, the subsequent hearing and punishment, if appropriate, usually are handled through juvenile court. Sometimes minors can be tried as adults if the crimes are severe enough. But if the hearing will instead be through juvenile court, any punishment will focus on returning the minor to society as quickly as possible.
This does not mean that a hearing in juvenile court results in an automatic guilty verdict. There is still a hearing to determine guilt or delinquency and the level of responsibility. If the minor is found to be delinquent, the punishment may involve community service or time in juvenile detention. However, upon turning 18, the minor (now an adult) may be released and the record sealed so that the crime does not prevent the person from leading a normal life.
Juvenile courts tend to treat crimes as mistakes of a sort. The punishments are meant to penalize the person to an extent that won't stop them from moving forward in a timely manner with school or work once the punishment is over.
Despite these advantages, juvenile court can be scary for minors, parents, and guardians who have never experienced it before. If your child has to go to juvenile court, seek legal assistance from Eisenberg Law Offices. Expert help ensures that the juvenile court experience will be easier to understand and to work with.
This post was originally published at https://www.eisenberglaw.org/makes-wisconsin-juvenile-crimes-court-different-adult-court/.

Wednesday, May 23, 2018

3 Surprising Facts Most People Do Not Know about Domestic Violence Charges

In Wisconsin, Domestic Violence Charges can encompass more than you think

Domestic violence charges bring serious consequences in Wisconsin, including a 72-hour no contact order, loss of access to firearms, and significant penalties. It also puts a mark on your criminal record that can be impossible to fully overcome. But while most people understand the importance of the issue, common misconceptions make it seem less likely to happen to you. Below are three facts that you may not realize about domestic violence that your Wisconsin criminal defense attorney can discuss with you.
  1. It Can Happen to Anyone
Domestic violence incidents and arrests can happen in any home. Either a man or a woman can be charged. If you threaten or attack someone, or if you are attacked or threatened, domestic violence charges may follow.
  1. It Isn't Just Physical Violence
Domestic violence sounds like it requires a physical attack, but in reality it does not have to include a single punch. Verbal or emotional abuse also counts as domestic violence. A threat of harm or shouted attacks can lead to charges. If you make someone feel afraid, or if someone else makes you feel afraid, that is an incident of domestic abuse.
  1. It Doesn't Have to Be a Romantic Relationship
Many people see domestic violence as specifically an issue in romantic relationships. These may be the circumstances you hear about most often, but Wisconsin law does not limit domestic violence charges to a spouse or lover. It can include anyone with whom you live or have lived in the past, a relative, and anyone else with a past or present relationship with you. Even platonic roommates can be involved in domestic violence charges under the statute.

Domestic violence charges in Wisconsin are taken very seriously, and can subject you to significant penalties. If you are arrested for domestic violence, you have to treat it with the same importance the state does. Contact an experienced attorney to help you protect your reputation and your freedom.
This post was originally published at https://www.eisenberglaw.org/3-surprising-facts-people-not-know-domestic-violence-charges/.

Monday, May 21, 2018

Are you facing drug charges in Wisconsin?

If you are facing drug charges in Wisconsin, it's time to hire a criminal defense attorney

When most people think of drug crimes, they may think of a hardened criminal running an enterprise selling drugs on the streets of a broken down inner city. But in Wisconsin, you can be arrested for drug offenses for any manufacture, distribution, delivery, or possession with intent to deliver a controlled substance. You can get convicted even without selling or intending to sell drugs.  Drug charges in Wisconsin can bring severe penalties and jail time, so it's important to understand what can be included and to talk to a Madison WI criminal defense attorney that can represent you.
Controlled Substances
The penalties for violating the drug dealing statute are not limited to illegal drugs. You may immediately think of heroin or methamphetamine, but most prescription drugs are considered controlled substances, including Adderall, Xanax, Oxycontin, and a number of other substances prescribed for pain, depression, or other medical conditions. You do not have to sell street drugs for the law to consider you a dealer.
Manufacture, Distribution, and Delivery
Manufacturing drugs is exactly what it sounds like. If you mix chemicals to make methamphetamine, or create other drugs on your own, or grow marijuana, you can be charged with illegal manufacture of a controlled substance. This can even include changing the form of a drug into something else.
Distribution and delivery mean more than just selling substances. If you let a friend or family member share a drug that was prescribed to you, or give someone a pill that is listed as a controlled substance, the law considers you to be illegally distributing or delivering a controlled substance. If you purchase marijuana in a legal way and share it with someone else, that too represents an illegal distribution. And even before you give something to someone, you can be charged with intent to deliver.
Drug Crime Violations Are Felonies
Wisconsin provides a chart defining the classes of crimes and punishments available for drug offenses. Almost all offenses are felonies; if you are convicted, you will be fined and may go to jail as well. Moreover, you will have a felony conviction on your record that can make it difficult to find employment or get credit. If you have been arrested on drug charges, seek experienced legal help from Eisenberg Law Offices immediately.
This post was originally published at https://www.eisenberglaw.org/facing-drug-charges-wisconsin/.

Friday, May 18, 2018

Who Pays for a Personal Injury Claim?

Potential sources to pay your personal injury claim

If you suffer a personal injury that someone else causes, you have a right to seek compensation from that person. In Wisconsin, you need to file a personal injury claim within three years to have the right to recover damages. When you do so on time and prove the other person was at fault, you can recover for medical care, lost wages, pain and suffering, and other financial losses.

How Personal Injury Claims Arise

Personal injuries can arise in many contexts. Automobile accidents, accidents on someone's property, animal bites, and slip and falls are some of the more common sources. Each of these raises different factual issues and legal remedies available, but all fall under the umbrella of personal injury claims.
Unfortunately, failing to file a claim on time means you are out of luck. This can create a huge financial impact for you when you suffer a serious injury. On top of working to physically and emotionally recover from your injuries, receiving no compensation creates a great deal of stress for you and your family.

Insurance Payments for Personal Injury Claims

Most of these injuries are covered by various insurance policies that people and companies purchase. Businesses may have general liability policies that cover incidents like slip-and-fall or other premise injuries, and carry workers compensation coverage for injuries to their employees. Homeowners usually carry coverage that includes payments for people injured on their property, and drivers in Wisconsin are required to carry liability insurance for automobile accidents.
Many other kinds of policies cover accidents in a large variety of situations. A good personal injury attorney in Madison WI will be able to help you not only file a lawsuit, but also identify the insurance policies available to pay your damages. If you have suffered a personal injury, contact the experienced personal injury attorneys at Eisenberg Law Offices. We will help you obtain the recovery you deserve.
This post was originally published at https://www.eisenberglaw.org/pays-personal-injury-claim/.

Wednesday, May 16, 2018

Purchasing the Right Auto Insurance

Madison Personal Injury Lawyer recommends an auto insurance review

Wisconsin, like almost every other state, requires drivers to carry liability auto insurance. This includes a minimum coverage level of $10,000 for property damage, $25,000 for injury or death to one person, and $50,000 for injury or death of more than one person. While this covers the minimum state requirement, it's probably not enough for you. Most people are horribly underinsured. Understanding your own needs is essential to getting the right coverage to protect you.
Coverage Limits
The minimum requirements help cover costs if you cause an accident in your vehicle. But there is no guarantee this will be enough. In Wisconsin, vehicle accidents cost $692 million just in losses due to death in 2015. And if you do not have enough insurance to pay for the property damage, medical costs, or other liabilities, you will be on the hook for anything beyond your insurance limits.
Further, your liability coverage does not pay for any damage to your own vehicle. You will need to purchase collision coverage to protect yourself in those instances.
Collision and Comprehensive Coverage
Collision coverage pays for damage to your vehicle after a crash with another vehicle regardless of fault. Comprehensive coverage pays for damage to your vehicle from anything else, including the following:
  • hitting an animal
  • fire
  • having a rock chip your windshield
  • theft
  • vandalism
  • other non-crash damages.
You will usually have to pay a deductible before the insurance covers the rest of the damage.
Importantly, if you are financing a vehicle, your lender usually requires you to carry comprehensive and collision coverage. Your insurer will often pay the claim and then pursue reimbursement from the other driver or his or her insurer if the other driver is at fault.
Getting the right insurance can help protect you from financial catastrophe after an accident. If you do not carry insurance, or if you have less than you need, you should check into an auto insurance review to make sure you are covered.
This post was originally published at https://www.eisenberglaw.org/purchasing-right-auto-insurance/

Tuesday, May 15, 2018

Valuation Of Assets In A Wisconsin Divorce | Asset Division

Asset Valuation In Wisconsin Divorce And Separation Proceedings

The division of marital property is a common component of a Wisconsin divorce or legal separation. In our state, it is presumed that all property and assets should be divided equally between spouses. This is true even if one spouse is not named on the deed, title, or account.
The only exceptions to this equal division of assets applies to assets that one spouse received as an inheritance or gift that have not been co-mingled with the marital assets or if there is a valid written prenuptial agreement/marital property agreement. Otherwise, it is presumed that all other marital property will be divided equally.
The first step in this division process is to conduct a valuation of assets.

How Asset Values Are Determined In A Wisconsin Divorce

Obtaining an accurate valuation of assets is in both party's best interests. Therefore, independent third parties are often used to verify asset values.
  • Homes And Real Estate. Real property valuation can be done in a few different ways.
    • Use the tax assessment value
    • Obtain a property appraisal
If the home has any equity, the current mortgage balance will be subtracted from the appraised/assessed value to determine the equity value. The equity will then be included as part of the asset division.
  • Kelley Blue Book values are often used to determine vehicle values. If the vehicle still carries a loan, the loan balance will be subtracted from the Blue Book value to determine the asset value.
  • Pensions and retirement accounts are not worth their face value. Value must be determined by an accountant or finance professional who will use actuarial tables and formulas to determine a present value.
  • Personal Property. Personal property and assets are almost always worth less than what the owners paid for them originally due to depreciation. To determine a value for personal property items, the court will try to determine what an objective third-party would pay for the item in its current condition. Values may be researched on garage sale sites or sites like Craigslist. Fine arts, antiques, jewelry, etc. may require a professional appraisal.
The division of property and valuation of assets is just one more complexity in a divorce. For advice or an explanation of asset division methodologies, contact Eisenberg Law Offices at 608-256-8356 or email Info@EisenbergLaw.org to schedule free consultation.
This post was originally published at https://www.eisenberglaw.org/valuation-assets-wisconsin-divorce-asset-division/.

Monday, May 14, 2018

Fight Marijuana OWI In Wisconsin | Madison DUI Attorneys

Similarities And Differences Between Alcohol And Marijuana OWI In Wisconsin

Did you know that you can get pulled over and arrested for operating a motor vehicle while under the influence of marijuana in Wisconsin? Operating While Intoxicated (OWI) applies to alcohol as well as prescription drugs and marijuana. But how intoxication is determined and how the OWI is handled differs between alcohol and marijuana OWIs.

Similarities Between Alcohol And Marijuana OWIs

Marijuana and alcohol OWIs are very similar in the pre-arrest stage. In both situations, an officer must have probable cause to pull you over. During the traffic stop, the officer must identify facts or evidence that demonstrate that the driver may be driving while intoxicated.
Identifiers used to determine alcohol intoxication include:
  • Red, glassy, bloodshot eyes
  • An odor of liquor coming from the driver or the vehicle
  • Slurred speech
Identifiers used to determine marijuana intoxication include:
  • Dilated pupils
  • Lack of coordination
  • Green tongue
In some cases, officers may perform alcohol sobriety tests when testing for marijuana impairment. These tests may include:
  • Horizontal and vertical gaze nystagmus test
  • Walk and turn test
  • One leg stand test
  • Breath test
  • Finger to nose test
If test results indicate intoxication (of either alcohol or a drug), an arrest is made.
Differences Between Alcohol And Marijuana OWIs
Once an arrest has been made, things change. There is an acceptable limit of alcohol under which a person may drive (you must be impaired by alcohol to be convicted) but there is zero tolerance for driving while under the influence of marijuana in Wisconsin. If there is even a trace amount of
Delta-9-Tetrahydrocannabinol metabolites in your blood, you can be charged with marijuana OWI in Wisconsin, even if you are not impaired.
It Is Possible To Fight Marijuana OWI In Wisconsin
Even though possession and use of marijuana is illegal in Wisconsin, it is still possible to fight a marijuana OWI charge using similar tactics as those used to fight an alcohol OWI. For example, your defense attorney may challenge the field sobriety test results, the reason for the traffic stop, or the lab results.
If you are facing a marijuana OWI in Wisconsin, contact the DUI attorneys at Eisenberg Law Offices in Madison, WI. We can help you fight marijuana charges and retain your driver's license while the case proceeds.
Call 608-256-8356 or email Info@EisenbergLaw.org to schedule your free case consultation.
This post was originally published at https://www.eisenberglaw.org/fight-marijuana-owi-wisconsin-madison-dui-attorneys