Disorderly Conduct In WI | Criminal Lawyer WI

A Beginner's Guide To Disorderly Conduct In Wisconsin

Disorderly conduct is one of the most common charges in the State of Wisconsin where it is classified as a Class B misdemeanor. The crime is punishable by up to 90 days in jail and a $1,000 fine.

Defining Disorderly Conduct

One reason why these cases are so prevalent in the state is because it's relatively easy to bring the charge against someone. The crime has a very broad definition. In essence, behaving in any way that results in a disturbance can bring a charge. State statute defines disorderly conduct as:
"Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor."

FAQs On Disorderly Conduct In Wisconsin

To help you understand disorderly conduct charges in Wisconsin better, we've assembled some of the top questions we receive about the charge.

• Can I Be Charged Even If I Didn't Disturb Anyone? Legally, yes, you can be charged even if no one complained. All that is required under state statute is that the behavior is one that tends to provoke a disturbance. You don't actually have to disturb anyone to be charged.

• Can Speech Alone Lead To A Charge? This is a tricky question to answer because it gets at our freedom of speech protections under the U.S. Constitution and laws under the Wisconsin criminal code, which could conflict. In general, charges can be applied to speech alone under certain circumstances. In State v. Day 243 Wis.2d 173 (2001), the court ruled that speech alone could lead to charges when it was not an essential part of "any exposition of ideas, when it is utterly devoid in social value and when it can cause or provoke a disturbance..." In other words, if there is no purpose to the speech other than to cause a disturbance, you can be charged. Yelling “fire” in a crowded theater is one such example.

• What Happens If I Am Arrested For Disorderly Conduct? If you are arrested for a domestic dispute, then you will likely be taken to jail. If you are charged with a misdemeanor, you will be given an opportunity to post bond and be released immediately.

• I Have Received A Citation Labeled "Wisconsin Uniform Misdemeanor Citation." What Is That? The Wisconsin Uniform Misdemeanor Citation is much more than a ticket. It's a criminal charge and you or your lawyer must appear in court on the scheduled date or you'll be charged with Failure to Appear and a warrant will be issued for your arrest.

• What If I Am Carrying A Gun? Can I be charged with disorderly conduct? Simply carrying a gun in not considered disorderly conduct in Wisconsin. As long as you were not intending to batter or harm someone with the weapon, you cannot be charged with disorderly conduct.

• What Does It Mean If I Receive A "No Contact" Order Related To Domestic Disorderly Conduct? No contact orders mean you are prohibited from having contact with the other person(s) for at least 72 hours. It may also be referred to as a "72 Hour No Contact Provision." Making contact with the named person during that time can lead to new criminal charges.

Hire A Criminal Lawyer In Madison, WI To Fight Charges
Whenever you have been charged with a crime, it's best to hire an experienced criminal defense attorney. If you have been given a no contact order and cannot go home because of it, a criminal lawyer in Madison, WI can argue against the charge at your initial appearance so you can go home sooner. Even if you don't have a no-contact order to fight, a WI criminal defense attorney can help you understand your situation and guide you through the process.
At Eisenberg Law Offices, we tell clients what they can expect in court and in the days leading up to their appearances and help protect our clients' rights by securing the best possible outcome under the circumstances.
Contact a criminal lawyer at the Madison, WI law firm of Eisenberg Law Offices at 608-256-8356 to schedule a free disorderly conduct consultation today.
This post was originally published at http://www.eisenberglaw.org/firm-overview/articles/disorderly-conduct-wi-criminal-lawyer-wi/

Proving Fault In Wrongful Death Cases | Eisenberg Law

How To Prove Fault In A Wrongful Death Case

Wrongful death claims arise when a person dies due to another person's wrongful or negligent actions. The law allows family members of the deceased to file lawsuits in order to be compensated or collect damages if fault can be proven. Proving fault in order to win a wrongful death lawsuit requires the help of a personal injury attorney who can navigate the legal process and prove fault.
4 Elements To Proving Fault
The attorneys at Eisenberg Law Offices in Madison, WI work hard to prove four primary elements that are necessary to winning any wrongful death case:

1. Duty Of Due Care. The first element that must be proven is the duty of the defendant to provide due care for the victim. Although each case will have its own specifics, in general, due care means that a person has the responsibility to keep another person safe from harm, or had the duty to not bring harm to the other person.

2. Breach Of Duty. Once a duty of due care has been proven to exist in the case, the next step is to prove that there was a breach of that duty. For example, if the defendant was in the position of being able to protect the victim, but through their actions or inactions, did not, this could prove to be a breach of the duty of due care.

3. Causation. The third step in proving fault comes down to causation. If duty of care and a breach of that duty have been established then it must be proven that the breach actually caused harm to the individual or led to the victim's death. This can be a very complex and complicated part of the case.

4. Damages. If all three of the other elements have been proven, it then falls to our law firm in Madison, WI to prove that the victim actually suffered damages. In these cases, the death is sufficient enough to prove that damage was suffered.

Proving Fault Is Not So Straightforward
Even when someone has died, it is not so easy to prove that the actions of another person, and not an unforeseen circumstance, played a role in the death. Proving fault isn't guaranteed and there are plenty of defenses to claims of negligence.
To prove causation, our law firm in Madison, WI must prove that the defendant's negligence both caused the death and that any other occurrence that may have contributed to the circumstances had no impact on the death.

File A Wrongful Death Claim With Help From Eisenberg Law Offices In Madison, WI

Wisconsin state law allows spouses, children, parents, siblings, and grandparents to file wrongful death lawsuits but it must be done within a certain amount of time after the death. This statute of limitations is only three years from the date of death. If you wait longer than this you may be permanently barred from filing a lawsuit.
Timing is crucial. Contact our law firm in Madison, WI to discuss your case and what the next steps are to move forward with a lawsuit.
Call Eisenberg Law Offices at 608-256-8356 or schedule a free consultation online today.
This post was originally published at http://www.eisenberglaw.org/firm-overview/articles/proving-fault-wrongful-death-cases-eisenberg-law/

4th Offense OWI - Now a Felony in Wisconsin

A 4th offense OWI is now a felony in Wisconsin

Any OWI offense in Wisconsin carries significant penalties. As of April 25, 2016, though, a 4th offense OWI became even more critical: it now creates an automatic felony if you are convicted. Rather than an extra misdemeanor, the felony can be a burden when you are applying for a job or a loan. Thus, it is more important than ever to avoid multiple OWI convictions, and to get strong legal representation from a Madison criminal lawyer if you are arrested.
Costs to the Driver
A felony conviction carries big consequences for a driver. You can be fined up to $10,000 for the fourth offense. Further, your jail sentence can be up to five years, with a mandatory minimum of six months in jail, and you will have your license suspended for up to three years.
Of course, this creates significant strains on your ability to maintain your employment, take care of your family, and enjoy many other aspects of your life that you likely take for granted. A conviction will disrupt your life in ways that are difficult to overcome.
Defending Your Rights
Defending your OWI case begins with a thorough investigation. Your attorney will need to understand the timeline of events and what happened, including your consumption of alcohol, the alcohol testing procedure, and arrest. Mistakes by police can help you avoid conviction.
Beyond this, your attorney can recommend treatment and counseling for you. By the time you have reached a fourth offense, there is a strong likelihood that you need to get professional help. Besides helping you avoid convictions, your attorney should be helping to represent your best interests. Rather than continuing to fight over and over, getting help can move you toward a better life.
Further, affirmatively seeking treatment can help you gain some lenience with the court. Conviction on a felony 4th offense OWI seriously complicates your life. A good criminal defense attorney looks for avenues to not only help you in the moment, but to work within the justice system for solutions that benefit both you and the city in which you live.
This post was originally published at http://www.eisenberglaw.org/4th-offense-owi-now-felony-wisconsin/

Sexting Laws in Wisconsin

Understand Wisconsin's Sexting Laws

Sexting, the act of sending sexually explicit or nude images or text via a cell phone, is becoming more prevalent. As of 2015, Wisconsin's legal code treated sexting as part of its child pornography laws. While there is a movement to change that and give sexting its own set of penalties, the fact remains that sexting can get you into a lot of trouble with life-changing consequences. If you are being charged with sexting, you need the help of a sex crimes attorney in Madison WI immediately.
Current Laws
Wisconsin statute 948.12 covers possession of child pornography, which is a felony. Sexting falls under this definition because it consists of transmitting and possessing -- and just looking at something on an electronic device can be considered possessing -- explicit images or texts of at least one minor.
Because this definition of child pornography applies to anyone under 18, it's easy for two reckless teenagers to be caught up in a serious web of legal consequences, even if the sexting was completely consensual.
The state of Wisconsin recognizes to an extent that sometimes the laws on the books apply to situations they weren't originally meant to cover. If the offender is young enough, the case could be heard in juvenile court. There is a world of difference between two consensual teens and teens who were pressured or blackmailed into participating. However, it's still possible that juveniles could be labeled as sex offenders if convicted.
If one of the people involved is over 17, the consequences become much, much worse. Adult cases carry large fines and long jail sentences.
Changes in the Law
In the future, there may be new laws in place that carry more situation-specific penalties. These would prevent two naive teens from being labeled as sex offenders while still allowing more serious cases to receive harsher penalties. Until then, though, sexting will be treated as a sex crime regardless of who participates and why. If you have been charged with sexting, contact Eisenberg Law Offices to set up a consultation.
This post was originally published at http://www.eisenberglaw.org/sexting-laws-wisconsin/

What To Do When Someone is Arrested

Arrested in Wisconsin - what to do?

Dealing with the police can be risky if you don't know how to act, and that risk is magnified if the police are in the process of arresting you. You must know what to do if you or someone you know is under arrest so you can get a Madison WI lawyer and resolve the situation quickly.
Outward Behavior
Always be polite and try your best to remain calm. You want the police to treat you as someone who is not threatening and who will not create more immediate problems for them. The person who is under arrest, be that you or someone else, should not resist arrest.
However, you should ask specifically if you (or the person the police are concentrating on) is being arrested and if so, on what charges. Past that, and past showing the police your license and car registration if you were pulled over, you need to keep quiet except for:

• Stating you will not speak with the officer without your lawyer present.

Additional Treatment and Information
As soon as you can, record everything that happened and keep the record in a safe place. A copy should go to your lawyer. If you need medical treatment as a result of the arrest, the incident leading to the arrest, or anything that occurred while you were at the police station or jail, get that treatment as quickly as possible and get records of everything.
Obtaining a Lawyer
You must get a lawyer. Do not agree to do anything once you are in custody without speaking to your lawyer first, including participating in a line-up, answering questions, signing forms, giving consent to search your car or phone, or even volunteering information that the police might not have had. You do have the right to a lawyer, and you have the right to speak to that lawyer without the police listening in.
If you or someone you know has been arrested in Madison WI, you need to get a criminal defense attorney now. Contact Eisenberg Law Offices to set up a consultation as soon as you can.
This post was originally published at http://www.eisenberglaw.org/what-to-do-when-someone-is-arrested/

Taxation Of Injury Settlement In Wisconsin

Should You Anticipate Taxation Of An Injury Settlement?

If you have received compensation as part of a personal injury settlement, you may be wondering if you'll be required to pay taxes on the settlement award. In most cases, there is no taxation of an injury settlement, but there are, of course, exceptions to this rule.
When Compensation Is Not Taxable
In general, personal injury settlement compensation is not taxed by the state or federal governments. This is true whether the case was settled prior to going to court or if it was settled in court. The IRS specifically exempts settlements received for personal injuries or physical sickness from taxation.
Most personal injury awards compensate the victim for things like lost wages, medical expenses, pain and suffering, and attorneys' fees. None of these are taxable so long as they result from a physical injury or sickness.
When To Expect Taxation Of An Injury Settlement
As with most aspects of the tax law, there are exceptions to this general rule. For example, you may be taxed:

• On Damages. Damages related to a breach of contract if that breach caused your injury and the breach is the basis of your lawsuit.

• On Punitive Damages. Punitive damages are always taxable. If you are recovering punitive damages our Madison, WI law firm would ask the judge to separate the verdict into punitive and compensatory damages so you can provide that information to the IRS and avoid taxation on the compensatory damages.

• On Interest From The Judgment.

Consult Our Madison, WI Law Firm To Make Sure You Are Not Unduly Taxed On Personal Injury Settlements

The best way to avoid undue taxation is to ask your attorney to have the settlement award broken down by type in the settlement agreement. By having the dollar amounts and what the dollars were awarded for in writing, there is much less chance of the IRS mistakenly taxing you on a settlement resulting from a personal injury.
If you have additional questions or concerns about injury settlements, contact the Eisenberg Law Offices Madison, WI law firm at 608-256-8356 or online.
This post was originally published at http://www.eisenberglaw.org/taxation-injury-settlement-wisconsin/

Hazing Incidents | Personal Injury Attorney Madison WI

When College Fun Goes Too Far: Sue For Hazing With Help From A Personal Injury Attorney In Madison WI

Hazing is a ritual that is engrained in many fraternity and sorority cultures. But times change and what used to be considered "all in good fun" is now considered bullying, dangerous…and prosecutable. Fraternities and sororities that engage in dangerous hazing practices are finding themselves embroiled in lawsuits from injured recruits and their families.  Read the following information from Steve Eisenberg, a personal injury attorney in Madison WI to determine if you should consult a lawyer about your situation.
When Does Hazing Go Too Far?
Hazing is associated with pledging and often involves recruits being forced to perform strenuous and/or humiliating tasks in order to "prove their worth" and be accepted into a sorority or fraternity. Tasks may include the consumption of copious amounts of alcohol, forced activities, humiliation, and even physical abuse.
While most students recover from their hazing, some don't. Alcohol poisoning, fractures, broken bones, bruises, internal injuries, and even death occurs when hazing goes too far. Without serious injuries or obvious repercussions, it's difficult to say when hazing has gone too far. Many students don't say anything out of fear or embarrassment, making it difficult for schools to crack down on hazing practices.
When Can You Sue For Hazing?
In some regards, hazing is much like a personal injury case. There are several ways a claim can be brought forward - so long as an injury has occurred. Lawsuits can be brought against the organization doing the hazing, such as the sorority or fraternity, the college or university or individuals involved in the hazing.
Lawsuits Can Be Brought Under:

• Intentional Torts. Activities such as battery, assault, false imprisonment, and intentional infliction of emotional distress are considered intentional torts. Victims may sue for compensation for medical expenses, lost wages, pain and suffering and, in some cases, punitive damages.

Negligence. Claims of negligence are often targeted at schools or the overarching organization. Negligence occurs when someone fails to do something. In this case, fails to protect a person from harm.

Injured By Hazing? Talk To A Personal Injury Attorney At Madison, WI Eisenberg Law Offices

If you or a loved one has been injured by hazing, you should speak to an Eisenberg Law Offices personal injury attorney in Madison, WI right away. It's possible that you may be able to sue and recover damages to help pay for medical expenses or the pain and suffering you've endured at the hands of others.
Contact Eisenberg Law Offices at 608-256-8356 or request a consultation online to learn more about hazing lawsuits and discuss your situation.
This post was originally published at http://www.eisenberglaw.org/hazing-incidents-personal-injury-attorney-madison-wi/

Road Rage Assaults Can Lead to Serious Criminal Charges

Road Rage incidents explained by Madison WI Criminal Defense Attorney

Driving on busy highways and city streets can lead to tension between you and other drivers. Unfortunately, this sometimes leads to aggressive, dangerous driving that causes an accident or gives way to a physical altercation. If you assault a person in this situation, you become subject to criminal charges that go well beyond the costs of repairing the damage to your car and the car of the other driver. Our Madison WI criminal defense attorney provides insight to road rage incidents.

How Road Rage Occurs
Any time you drive a vehicle, you must understand the responsibility you have to other drivers. A car is dangerous, and if you let your temper get away from you, you endanger yourself and others. The result can be dangerous or even deadly.
Before you start driving, make sure you are mentally prepared. Other drivers will often cut you off, drive too close, or drive faster or slower than you prefer. Plan your schedule to account for this, and take a deep breath before you begin. You cannot control other people on the road, but you can control yourself.
Assault Charges
Sometimes, unfortunately, our moods make self control more challenging. When you engage in dangerous driving that causes an accident, you can be charged with assault or reckless endangering of the safety of another with your vehicle. Further, getting out of the vehicle and engaging that person physically subjects you to assault, battery, and disorderly conduct charges that lead to fines or jail time, depending on the severity.
In most road rage incidents, both drivers are at fault in some way. The more you can calm yourself, both while you are driving and after, the better your chances of avoiding problems. If you do let your anger get the best of you, though, step back and relax. If you get out of your car, calm down and take a deep breath before you address the other driver.
Finally, if you do let the situation get out of control, you will need legal help. Call Eisenberg Law Offices, and we will help you defend against assault, battery, or other road rage charges after a road rage incident.
This post was originally published at http://www.eisenberglaw.org/road-rage-assaults-can-lead-serious-criminal-charges/

Personal Injury: What Is Whiplash?

Whiplash - Car Accident Injury

Neck injuries occur frequently in car accidents. When your vehicle stops suddenly or takes impact from another vehicle, your body jolts in a way that puts strain on your neck and spine. This strain creates whiplash injuries, in which your head moves separately from the rest of your body and injures the neck.
Unfortunately, the full impact of this kind of injury does not set in right away. It might begin with soreness; in fact, you may not even feel it until your adrenaline subsides hours or days after the accident. This is one reason you should seek treatment after a car accident even if you do not feel an obvious injury.
How Whiplash Affects You
When your vehicle collides with another, your neck moves back and then forward, much like the motion of a cracking whip. This movement, from a stationary position, jolts your neck out of alignment. It may not be immediately apparent, but this impact on your body can lead to several other problems:

• muscle weakness and pain
• chronic pain in your body
• headaches
• blurred vision
• mental lapses

These settle in over time. While many other injuries require only rest and recovery time, getting treated for whiplash helps stem the tide of these effects and helps you recover faster.
Recovering Damages
Besides avoiding further complications, a medical diagnosis of whiplash can help you recover damages for the car accident injury you have sustained. The longer you wait, the more difficult the diagnosis, and the harder it becomes to get compensated for your medical care, any lost work wages, and other monetary losses that stem from the injury.
After sustaining a car accident injury, you should sit down with a Wisconsin personal injury attorney at Eisenberg Law Offices. We will help you understand your rights after your injury, help steer you toward proper care, and work hard to get you the compensation you deserve.
This post was originally published at http://www.eisenberglaw.org/personal-injury-whiplash/

Can I Sue if I Fall in a Store?

Slip and Fall Injury in a Store

If you fall in a store and suffer an injury, you can sue the store for damages, up to three years after the event occurs. Whether you win the case, though, depends on several factors. All of it hinges on the duties that the store owner has. If that owner is negligent, you have a right to recover for the injuries you sustain, as well as lost wages and other related damages you suffer.
Caused by a Dangerous Condition
If you trip over your own shoelace or fall for random reasons, you cannot recover from the store owner. There must be a condition in the store that caused you to fall: an unmarked wet floor, a loose board, a faulty display of goods, or some other issue present. A store owner has a duty to maintain the store in a safe way; if he does not, he is negligent.
Knowledge of Condition
The owner also must know about the condition in the store. If a customer in the store dropped a carton of eggs on the floor, and you slipped and fell on the eggs almost immediately after, that is probably not the owner's fault. The owner must have an opportunity to know about the danger. This does not mean the owner can choose not to inspect the store. A manager's knowledge of conditions will be imputed to the owner. Further, if the manager never looks at the floor or engages in routine inspections of the premises, that itself is negligent. If the owner or manager knows or should have known there was a problem, liability follows.
Failure to Repair
Finally, despite knowing about the condition, there must be a failure to complete the repairs needed. Again, if the condition developed quickly and the store owner has not had a chance to complete repairs, the owner may not be negligent.
After a slip and fall injury, the cause of the accident and negligence of the owner will be the crux of your legal case. A Wisconsin personal injury attorney can help assess your claim and enforce your right to recovery.
This post was originally published at http://www.eisenberglaw.org/can-sue-fall-store/