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/.

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.

2. 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.

3. 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/.

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/.

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/.

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/

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/.

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

Common Medical Terms For Accident Injuries

Medical Terms You May Hear From Your Personal Injury Attorney, Part II

We're continuing our theme of explaining common medical terms that may arise during a personal injury case. Our intention with these posts is to help you better understand the terms that may be used in a personal injury case so you feel more confident if and when the terms come up during your case. We have found that the better our clients are able to understand their case, no matter what aspect of it, the less worry and anxiety they experience.
That said, here's a look at some more common medical terms that arise as a result of accident injuries.
More Personal Injury Medical Terms
Traumatic Brain Injury. Traumatic brain injuries (TBIs) result from sudden, severe head movement or striking the head. TBI’s are also referred to as concussions.  They can happen after one incident, such as a car or motorcycle accident, or they may occur after the brain has been repeatedly jostled inside the skull – something we are starting to see more and more in boxing and football players. A TBI can lead to short or long-term, temporary or permanent problems that affect everything from cognition, memory, and personality to bodily functions.
Central Nervous System. The brain and spinal cord make up the central nervous system. Working together, they control your body with the brain sending and receiving messages through the spinal cord. Damage to the central nervous system can range from short-term and minor to serious and even permanent injuries like paralysis.
Gait. Your gait is how you walk. Accident injuries like fractures or spinal column injuries can affect your gait, which may affect your ability to walk/move around.
Dismemberment. Any loss of a body part is considered dismemberment. Sometimes the lost body part can be successfully reattached, but in many other case this is not possible. Even with reattachment, many people end up with permanent loss of feeling or function in the body part. In almost every dismemberment situation, the victim must undergo extensive physical therapy and/or surgeries.
Fusion. Some bone fractures can be fused back together. Fusion techniques include the use of plates and screws to hold bones in place while they heal. Once healed, the plates and/or screws may be removed, but in many cases, they are left permanently in the bone.
Paralysis. Paralysis refers to the loss of voluntary body control due to damage to the central nervous system. It may be temporary or permanent and can be caused by accident injuries, strokes, or diseases. When paralysis affects a single muscle, an entire muscle group, or a sole body part it may be called palsy.

Visit A Personal Injury Attorney At Eisenberg Law To Assess Your Situation

There are many different types of accident injuries, diagnoses, and outcomes and no two cases are ever alike. Some people suffer minor injuries, recover quickly, and go on with their lives with no ill effects. Others experience significant life changes as a result of accident injuries and benefit from damages awarded during a personal injury lawsuit. The only way to know for certain whether or not you have a case is to contact a personal injury attorney for advice.
Eisenberg Law Offices in Madison, WI offers free case consultations with a personal injury attorney to help you assess your situation and decide on the best course of action. Arrange a free, no obligation consultation by calling 608-256-8356 or emailing Info@EisenbergLaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/common-medical-terms-accident-injuries/

Severe Traumatic Brain Injury | Personal Injury Law

3 Common Types Of Traumatic Brain Injury In Personal Injury Cases

In very severe personal injury cases, an accident attorney may discover that the victim is suffering from a traumatic brain injury. But just as there are different types of bone breaks and internal injuries, there are different types of brain injuries and the type of brain injury can have a dramatic effect on the outcome of your personal injury case.
The Brain And Injury
The brain is a complicated organ which makes brain injuries so difficult to treat and recover from. Depending on the type of injury and what part of the brain is injured the injury may affect thinking, emotions, or physical abilities – or even a combination of all of the above.
The upper part of the brain controls our memories, thoughts, personalities, and cognitive abilities. The lower part controls bodily functions; particularly those functions we take for granted by not having to even think about for them to occur: breathing, body temperature, immune response, reflexes, heartbeats, etc.
A traumatic brain injury can happen anytime the head is jolted or hit, such as in a car accident or a fight. Traumatic brain injuries can also happen when something penetrates the brain like a bullet or a broken piece of the skull. This might bruise the brain, tear tissue, create bleeding on the brain, or physically damage the brain. Traumatic brain injuries can be temporary with symptoms fading over time, but they can also be more severe and long-lasting, even lifelong in some cases, and in very serious cases, they can lead to death.

3 Severe Types Of Traumatic Brain Injury

1. Brain Death. Brain death refers to a lack of brain activity in both the upper and lower parts of the brain. If a person is declared brain dead it means that they aren't showing any evidence of higher cognitive functions, like thought or memory, AND the brain isn't regulating the body systems. Although modern medicine has made it possible for some people to have their bodily systems maintained through machines, there has never been a situation where someone has recovered from brain death.
2. Persistent Vegetative State. A persistent vegetative state (PVS) is declared when the lower brain is still functioning, but the upper brain has lost some or all of its function. The body still operates on its own, but the person has little to no cognitive capability. Recovery from PVS is exceedingly rare and even if it does happen, a full recovery is next to impossible.
3. Coma. A coma is a comparatively common brain injury. Comas can occur naturally, after an accident or injury. The patient's doctor may decide to put him or her into a medically induced coma to allow the brain to heal. When a person is in a coma they appear to just be sleeping. Both parts of the brain are still active, but the person remains unconscious. Recovery from a coma is very common with most people recovering with no ill effects, but it is possible for a coma to lead to either a persistent vegetative state or brain death.

Consult An Eisenberg Law Accident Attorney After A Brain Injury

Anytime you or a loved one are injured as a result of someone else's actions or negligence, you may be able to file a personal injury lawsuit and secure compensation to help you pay for medical expenses, lost wages, and pain and suffering. This type of financial security can help make recovery easier by removing financial worries from your mind. Depending on the type of brain injury and the outlook for the patient's future, this compensation can be extremely helpful for you or your family, allowing you to move forward with your life.
Case outcomes and financial awards depend on many different factors. Contact an accident attorney at Eisenberg Law Offices to discuss your situation and find out whether or not you have a case and, if so, what kind of damages you may be awarded.
Arrange your free case consultation with a Madison WI accident attorney today by calling 608-256-8356 or emailing Info@EisenbergLaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/severe-traumatic-brain-injury-personal-injury-law/.

May is Motorcycle Awareness Month

Share the road with Motorcycles - keep our roads safe!

May is Motorcycle Awareness Month, and both motorcycle riders and drivers have a responsibility to each other to keep road conditions safe for other vehicles. Both have specific road rules to follow, and both should show common courtesy. Doing so will make being on the road so much more enjoyable.
Sensible Rules
All vehicles on the road, regardless of how many wheels they have, must remember to signal, go at reasonable speeds (which applies to both going fast enough and not too fast), and keep a sensible distance between vehicles. Drivers need to be aware of how much smaller motorcycles are compared to cars. In an accident, the motorcycle rider is more vulnerable to injury because of a lack of an exterior shell, which car and truck drivers have.
Motorcycle riders can't ride between lanes of cars in Wisconsin. This practice, also called lane-splitting and white-lining, recently became legal in California after years of being in a gray zone. However, in Wisconsin, the practice remains illegal.
By that same token, car and truck drivers have to keep in mind that some riders may lane-split anyway. Always check blind spots before moving into another lane or making a turn.
Signal Issues
In addition to remembering to signal, all drivers must be aware that signals don't always shut off by themselves after a turn. Shallow turns (as opposed to a typical right-angle turn onto another street) may not be enough to make a car's turn signal shut off. Motorcycle signals often do not shut off by themselves at all.
The result in both cases can be a vehicle with a turn signal on but that is not intending to turn. Drivers and riders should be careful about assuming that someone with a turn signal on is actually turning.
The National Safety Council has more information on motorcycle safety and awareness. And if you've been in an accident that involved a motorcycle, contact Eisenberg Law Offices to meet with experienced personal injury attorneys.
This post was originally published at https://www.eisenberglaw.org/may-motorcycle-awareness-month/