Explaining Wisconsin's Concealed Carry Laws

Madison Criminal Defense Attorney explains Wisconsin’s concealed carry laws

Wisconsin, like many states, allows concealed carry. This gives you the right, if you follow the legal requirements, to carry a concealed weapon in the state. This right comes with limits that you need to understand. If you carry when or where it is not allowed, you can be arrested despite Wisconsin's concealed carry law.

What Does "Concealed Weapon" Include?

A concealed weapon may be a gun, but it includes other weapons as well. A knife, a stun gun, and many other weapons fall within the meaning of the law. Further, "concealed" under the statute does not limit applicability to a completely hidden weapon. If you have a weapon sticking out of your pocket, tucked into your pants, or partially covered under your shirt, it qualifies as a concealed weapon.

Who Can Carry a Concealed Weapon?

You don't have an automatic right to carry a concealed weapon in Wisconsin. Before you can do so, you have to fill out an application and submit it to the Wisconsin Department of Justice. After you fill it out, you wait for the DOJ to process and evaluate your application. If you are approved, you will receive a concealed carry permit in the mail. To obtain approval to carry a firearm, you have to be at least 21 and show that you completed required gun safety training. Further, some criminal convictions or federal disqualifications can keep you from being approved.

Not an Absolute Right

Once you receive your permit, there are still limitations. You cannot carry a concealed weapon inside schools, bars, or government buildings. In addition, any business can post a sign that it does not allow concealed weapons, and you have to abide by that direction. Finally, you can be arrested for carrying a firearm if you are intoxicated.
If you need help working through the requirements for concealed carry in Wisconsin, or get in trouble for a concealed carry violation, legal help is available. Contact Eisenberg Law Offices online or at (608)256-8356 to learn more.
This post was originally published at https://www.eisenberglaw.org/explaining-wisconsins-concealed-carry-laws/.

How to Deal With a DUI Traffic Stop and Resulting Charge

Facing DUI charges in Madison WI?  Here’s what you should do…

Checkpoints and traffic stops for DUIs are increasing, especially as more people get behind the wheel after not only drinking but also using drugs. Police officers want to get drivers who are under the influence off the road, and if you are pulled over and show signs of intoxication, you will find yourself in a lot of legal trouble. Should you have to go through a checkpoint or if you're pulled over by police, remember these tips to help you get through the stop and any legal processes that result.
Take This Seriously
Take the stop and tests seriously, even if you are completely sure you'll pass and be let go. Maybe you were pulled over randomly, or maybe the police spotted some odd driving behavior; whatever the reason they had for pulling you over, you can't treat this like a joke, especially if you're driving away from a bar or if you have alcohol on your breath.
Technically, you do have the right to refuse to take a breathalyzer and field sobriety tests in Wisconsin (unless you're a commercial driver; then you can't refuse). However, that refusal can create more problems for you. In fact, there's a good chance you will be arrested if you refuse all tests; Wisconsin law penalizes you if you refuse tests after you've been arrested.
Get Legal Advice Immediately
An OWI charge is not something you should tackle on your own. And even if you're planning to plead guilty, you should never do this on your own; you'll be at the mercy of the court with little defense if you do.
A lawyer can help you decide the best route to take regarding a plea, and if you're found guilty, that lawyer can work on reducing your sentence and other penalties. Don't do this alone; contact Eisenberg Law Offices at (608) 256-8356 to arrange for a consultation.
This post was originally published at https://www.eisenberglaw.org/how-to-deal-with-a-dui-traffic-stop-and-resulting-charge/.

Here's What You Need to Ask When You See a Personal Injury Lawyer

Finding a Personal Injury Attorney in Madison WI – ask the right questions

Personal injury lawyers are known for having free initial consultations. These meetings give you a chance to discuss your case and its potential outcome without putting a dent in your budget. This prevents you from losing money on an appointment if you find out that your case wouldn't go very far in court or you don't like the attorney. You need to take advantage of that appointment and really make sure the attorney is the one you want to work with on your case. That means asking specific questions.

Qualifications for Your Type of Personal Injury Case

It's easy to find out the attorney's qualifications in general, but how much personal injury experience do they have, and how much of that focused on cases that were like yours? If you're there to discuss a car accident and the attorney has focused mainly on slip and fall cases, ask the attorney how that experience could translate into helping a car accident case. Or, you can search until you find an attorney with a good record in car accident cases.

How the Attorney Might Approach It

Ask the attorney how they might approach your case. Do they think a settlement is more likely? Do they have any specific courses of action to help you win your case? You want to be comfortable with whatever the attorney is planning.

What Happens if You Lose?

Let's say the worst happens, and you lose your case and don't get an award or a settlement. Who pays for the attorney's fees or costs? Who handles paying for the other party's fees, if necessary? What is the risk to you if you and the attorney lose?

How Does the Attorney Handle Settlement Offers?

Settlements are very common in personal injury cases. Any offers need to go through your attorney. How would the attorney handle negotiations and approvals, and will the attorney make sure to give you the final say?
For a free consultation, contact Eisenberg Law Offices at (608) 256-8356. If you're seeking damages for a personal injury case, you must have a good attorney on your side.
This post was originally published at https://www.eisenberglaw.org/heres-what-you-need-to-ask-when-you-see-a-personal-injury-lawyer/.

Traffic Stops and Marijuana Possession Arrest

Madison Criminal Defense Attorney provides insight to traffic stops and marijuana possession

While many states have legalized medical or recreational marijuana, Wisconsin still considers marijuana possession a crime. This means that if you have marijuana in your car when you are driving, you can be arrested if the police officers discover it during a traffic stop. If you have been arrested for marijuana possession, you need legal representation right away.

Possession and Probable Cause

Most traffic stops in Wisconsin are fairly routine. If your vehicle smells like marijuana, though, you can be in trouble. The scent is enough to give a police officer probable cause to search your vehicle. He or she has the right to look through the vehicle and to search anyone in it. If the officer then finds marijuana, however small the amount, you can be arrested for possession. A first offense is a misdemeanor that carries a fine of up to $1,000 and jail time up to six months. Additional offenses are felonies, and the potential fine goes up to $10,000, and prison for up to three and a half years.

Protect Yourself

Unless the laws change, you need to avoid possessing marijuana in your vehicle. If you are arrested, though, you still have rights. You can challenge whether the officer had the right to pull you over in the first place, or challenge other procedures if needed. Finally, an experienced attorney may be able to negotiate a deal to lessen the penalties or the crime to which you plead.
Don't consent to allow the officer to search your car. You have a constitutional right not to answer questions--so don't incriminate yourself. If you are arrested, go peacefully. When you have the opportunity, contact an attorney experienced in marijuana criminal defense work.
Anytime you are arrested, you have legal rights. Eisenberg Law Offices can help you understand and protect those rights. If you have been arrested for marijuana possession after a traffic stop, contact us online or at (608) 256-8356 for an experienced and compassionate legal defense.
This post was originally published at https://www.eisenberglaw.org/traffic-stops-and-marijuana-possession-arrest/.

How to Avoid Aggressive Driving

Personal injury attorney provides tips to help you avoid driving aggressively and aggressive drivers

Everyone has been on the road with aggressive drivers. Whether you are dealing with road rage or just impatience, drivers go faster than they should and make dangerous maneuvers to try to get from point A to point B faster than you. Unfortunately, this leads to accidents every day. Learn to avoid aggressive driving yourself, and to protect yourself from others who drive badly.

Why Drivers Get Aggressive

People always have a reason. Sometimes you leave late for work or appointments, and try to make up the time by pushing through faster. Other times people are angry or frustrated by whatever is happening in their personal lives. Finally, some people just take out their own aggressive nature on the road, getting a thrill out of pushing the boundaries of safe driving.

Pitfalls to Avoid

Do not let this be you. Aggressive driving endangers you and others around you. Start by leaving with extra time to get wherever you are going. If you plan to get there early, you have room to adjust to slow traffic along the way. It also makes you less apt to cut someone off to save time, or get angry at the slowdowns you may experience.
Besides time, you need to give yourself space. Following someone too closely or swerving in front of another driver creates problems for everyone. Keep at least three seconds of space between yourself and the car in front of you. This gives you time to react and keeps you from causing a preventable accident.

It's Not All About You

Of course, you can only control the way you drive. Slow down and give yourself room to move, but even when you do, someone else's aggressive driving can cause an accident. If an overly aggressive driver causes an accident that you can't avoid, you can seek damages for your car and your personal injuries. Contact Eisenberg Law Offices online or at (608) 256-8356 to protect your legal rights.
This post was first published at https://www.eisenberglaw.org/how-to-avoid-aggressive-driving/.

Will My Personal Injury Case Get to Trial?

Madison Personal Injury Attorney provides an explanation

People are injured in Wisconsin every day. Some of these injuries create minor inconveniences, but some change lives forever. In either case, trials over personal injuries have become the exception rather than the rule. If you have been injured, you should understand that your case will likely settle. Until it does, though, you must prepare as though you will go to trial.

Most Personal Injury Cases Settle

Insurance companies handle negotiations for many personal injury cases. They often try to lure you into a quick injury settlement. It can be tempting; you may need or just want an up-front payment that finishes the matter for you. Before you do, though, understand that initial offers usually come far below the true value of your claim.
Rejecting an initial settlement offer does not mean you can't settle. Instead it starts a process of negotiation and preparation. Experienced attorneys  will work to understand the facts and move toward a true and fair damages settlement.

Prepare for a Trial

Sometimes you can't agree. The insurance company may see the case differently from how you see it. For this reason, you should always assume that your own case might go to trial. Work with your attorney to understand and develop the facts underlying your claims. Learn what to expect if you do go to trial, including how long it will take and what your strategy will be.
In the meantime, keep taking care of yourself. Treat your injuries and keep track of the value of your treatments, whether or not your health insurance covers the costs. It can be a long path to trial, and failing to do what you can to get better diminishes your physical and financial recovery.

Hire the Right Personal Injury Lawyer

Through all of this, your attorney serves as your guide through the process. Seek experienced representation, and listen to the advice you receive. If you have been injured in the Madison, Wisconsin area, contact Eisenberg Law Offices, online or at (608) 256-8356. We will help you get the recovery you deserve.
This post was originally published at https://www.eisenberglaw.org/will-my-personal-injury-case-get-to-trial/.

Misdemeanors Vs. Felonies In Wisconsin

Misdemeanors Vs. Felonies In Wisconsin Explained

Wisconsin state statute is very clear on misdemeanors vs. felonies. Section 939.60 offers this definition: "A crime punishable by imprisonment of 1 year of more in the Wisconsin state prisons is a felony. Every other crime is a misdemeanor."

The primary differences between misdemeanors and felonies are:

1. The penalties involved and
2. Court procedures

Misdemeanor vs. Felony Penalties

Felony and misdemeanor are the two primary classifications of crime in WI. Once classified into one of these two categories, the specific crime is further defined into sub-categories. Felonies are further refined into 9 Classes such as Class A, B, C, etc. all the way through Class I, with Class A felonies carrying the most severe penalties. Misdemeanors have a much smaller range of categorization with only A, B, and C Classes. Again, Class A misdemeanors carry the harshest penalties.
Two key factors differentiate misdemeanors from felonies. The first is if the crime is punishable by jail time of one year or more. If it is, it is a felony. The second factor is whether or not the crime is punishable by incarceration in the Wisconsin State Prison System. If it is, then the crime is a felony. If not, then it is a misdemeanor.
In addition to jail time, all misdemeanors and felonies carry with them monetary fines and sometimes, other restrictions such as loss of a driver's license. Felonies, in particular, carry harsh penalties such as the forfeiture of second amendment rights, the right to vote, and the ability to hold office or serve on a jury.

Court Procedures

Court procedures differ for misdemeanors vs. felonies. Misdemeanors have fewer steps, typically an initial appearance to set bail and arraignment and a pretrial. After the pretrial, the case may move to a trial, plea or sentencing or it may be referred back to the state for further evidence review.
Felony court procedures are more complicated. The process also begins and an initial appearance and the setting of bond and bail. Arraignment occurs after the preliminary hearing, which is where the state must demonstrate probable cause for the charges. If this is proven, the case then moves forward with the defendant having a chance to waive their right and acknowledge the probable cause or choosing to go to a hearing where the state must show probable cause exists. The state does not have to prove their case beyond a reasonable doubt at this point, they just have to prove that a felony was probably committed and that the defendant was likely responsible.

Build a Strong Defense With an Experienced Wisconsin Legal Team

There are many factors that go into sentencing including the defendant's criminal history and the Class of crime, whether it is a felony or a misdemeanor. Early representation by an experienced criminal defense attorney can help reduce the charges against you and the resulting fines and penalties. Don't wait until you are formally charged with a crime to contact Eisenberg Law Offices. Our Madison criminal defense attorneys can represent you from the start at your initial appearance. This early representation can have a dramatic impact on the outcome of your situation. Call 608-256-8356 as soon as you are arrested to begin building a strong defense.
This post was originally published at https://www.eisenberglaw.org/misdemeanors-vs-felonies-in-wisconsin/.

Back Injuries After A Vehicle Accident | Car Crash Injury

Back Injuries Are Common After A Vehicle Accident

Most of the time, a vehicle accident comes as a surprise. In the grip of the adrenaline rush that follows, it's not uncommon for accident victims to feel fine and, as a result, spend more time worrying about the damage to the cars than the damage to their bodies. But once that adrenaline wears off, even the most minor of accidents can leave a person in pain. Some of the most common car accident injuries occur to the back and they can completely upend your life.

Dangerous Back Injuries

Back injuries range from mild to severe and from temporary to permanent. The most common back injury is bruising, but the more worrisome injuries all relate to the spine and include:

• Spinal Cord Injuries. The force of a car accident can lead to bruising of the spinal cord, which is usually temporary. More serious injuries to the spinal cord are lacerations and even severing of the spinal card, which could cause severe injury or even paralysis.
• Fractures. Compression fractures of the spine are common in vehicle accidents due to the force of the crash counteracted by the restraint of the seatbelt.
• Disc Injuries. Car accidents can cause herniated discs, which can cause nerve pain and damage in addition to back pain.

Warning Signs of a Back Injury

Back injuries are insidious, sometimes not showing up until days or weeks after the accident. In the case of disc or nerve damage, your back may not even hurt. No one experiences injury in the same way, which is why you should always consult a doctor after an accident, if only to get a clean bill of health. Waiting may only make the injury worse. Warning signs of a back injury include:

• Pain in the back, shoulders, and/or neck.
• Numbness or tingling on your skin or in your extremities.
• Lack of mobility or motion.
• Red or inflamed areas.
• Bumps or raised areas under the skin.

Don't Let a Back Injury Ruin Your Life

Recovering after a vehicle accident takes time.  The more severe the accident and the more serious the injury, the longer the recovery. This can mean time off from work and sometimes even losing your job if you can no longer do the same type of work. It is not the time to grin and bear it or hope for the best. Instead, consult an Eisenberg Law car accident attorney for advice and guidance. It's possible to recover compensation for your injuries, which can help you better manage the financial impact of the accident. Once that financial stress is removed, you can focus on your recovery. Call Eisenberg Law Offices in Madison, WI at 608-256-8356 to schedule a free consultation.
This post was originally published at https://www.eisenberglaw.org/back-injuries-after-a-vehicle-accident-car-crash-injury/.

Defense Against Domestic Abuse With A Weapon In Wisconsin

Defense Against Domestic Abuse With A Weapon in Wisconsin

Although the charge of domestic abuse with a weapon in Wisconsin follows the same procedural filings as domestic abuse without a weapon, the penalties are much higher. Complicating matters is the fact that Wisconsin recognizes several objects as "weapons" even when they would not normally be classified as such. For example, pots and pans, coat hangers, garbage bags, and sticks could all be considered weapons in a domestic violence case.
Given the severity of the penalties and the wide-ranging and loose interpretation of "weapon", it is it vitally important for the accused to develop a strong defense strategy early in the process. Even a heated argument where you throw a book at your partner could result in a charge of domestic abuse with a weapon.

Penalties Associated With Domestic Battery in Wisconsin

Penalties for domestic abuse in the state depend on whether or not there was bodily harm. Under state law, domestic abuse with a weapon that does not result in bodily harm is a felony carrying penalties of two to ten years in prison and $10,000 in fines.
If the accused is convicted of domestic abuse with a weapon and bodily harm does result, it is also a felony. In that instance, it is punishable by up to 15 years in prison and a fine of $10,000. In addition, offenders must surrender their weapons and are permanently barred from possessing a firearm.

Defense Strategies For Domestic Abuse with a Weapon

Domestic violence cases often become a "he said-she said" situation, fueled by strong emotions like jealousy, revenge, or arguments over child custody. Your defense attorney will examine the facts of the case very closely to ensure that ONLY the facts are presented as evidence and to minimize the emotions of the situation. Every case will require a different defense strategy; possible defense arguments include:

• The accused did not actually use the weapon to cause bodily harm.
• The accused acted in self-defense.
• There was no intent to cause harm.
• The accusations are false.

Schedule a Free Defense Consultation

It is very important not to brush off charges of domestic abuse, with or without a weapon, even if it is your first offense. Even first offenses can land you in jail. Along with jail comes a criminal record which will affect every aspect of your life from finding a job to finding a place to live and even spending time with your kids. Plea deals are often offered in these types of domestic cases, but they are not always as straightforward or beneficial as they seem. If you are offered one, do not accept it without speaking to an attorney.
Protect yourself and your future by scheduling a free defense consultation with the criminal defense attorneys at Eisenberg Law Offices. Our attorneys have been defending against charges of domestic abuse and battery in Wisconsin for over 35 years and are skilled at building solid defenses.
Arrange your free consultation by calling Eisenberg Law Offices at 608-256-8356 or emailing Info@eisenberglaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/defense-against-domestic-abuse-with-a-weapon-in-wisconsin/.

FAQs In Personal Injury Cases

Common FAQs in Personal Injury Cases

Most Wisconsin residents go through life never getting involved in personal injury cases. It’s no surprise then, that when you do find yourself embroiled in a personal injury (PI) situation, you have a lot of questions. Our answers to some of the most common PI questions can help ease your mind and understand what to expect in a personal injury case.

1. What is a personal injury case?

Whenever a person is injured due to another party’s negligence, it can lead to a personal injury case. They are some of the most common types of civil cases today. PI cases can take one of two forms. The first type is a personal injury claim, such as when you negotiate with an insurance company adjuster to collect compensation. The second type is a personal injury lawsuit, which is much more involved and can lead to a trial. Consultation with a personal injury attorney can help you decide which strategy is best for your situation.

2. What are the most common types of PI cases?

Injuries can arise in many different situations, which means there are many different kinds of personal injury cases. Some of the most common cases in Wisconsin are:

• Motor Vehicle Accidents
• Slip and Fall Accidents
• Premises Liability Accidents
• Product Liability

3. What kinds of damages can I collect?

You must have suffered damages or a loss in order to pursue a personal injury case. Damages are awarded in the form of financial compensation and may cover both physical and emotional losses. Examples of damages that may be awarded include:

• Medical Expenses
• Lost Wages for both past and future expenses
• Punitive Damages
• Wrongful Death
• Pain and Suffering

4. How can I afford an attorney if I have lost everything due to the injury?

Personal injury situations can be financially devastating to the injured party. Recouping some of this financial loss is a primary reason why people pursue legal action. If you are worried about paying for an attorney to help you with your case, you’ll be pleased to know that many PI attorneys work on a contingency basis. They will not collect any fees from you unless you win.

5. How do I select an attorney?

Finding an attorney who is qualified and whom you trust is essential to making it through a personal injury case. Take some time to research attorneys and don’t be afraid to ask questions about their experience with cases like yours. You can start by:

• Researching attorneys online
• Developing a list of questions to ask during your consultation
• Obtaining referrals from friends, family and colleagues
• Interviewing a short list of attorneys

6. How do I know whether or not I have a personal injury case?

There must be grounds in order for a personal injury case to proceed. Attorneys look for several elements to determine if a case exists:

• Did the negligent party have a duty of care?
• Did they breach that duty of care?
• Was the claimant injured as a result of that breach of care?
• Did the claimant suffer damages as a result?

7. Is there a time limit on pursuing a case?

There is a statute of limitations of 3 years on personal injury cases in Wisconsin. This means that if you do pursue legal action, you must file a lawsuit within 3 years of being injured.
Meet With An Eisenberg Law Attorney To Learn More About Personal Injury Cases
If you have been injured by another party and want to find out if you have a personal injury claim, contact the attorneys at Eisenberg Law Offices in Madison, Wisconsin. Our personal injury attorneys can evaluate your situation and recommend a course of action that helps you obtain appropriate compensation for your injuries.
Arrange a free consultation by calling 608-468-6595 or emailing Info@eisenberglaw.org.

Selecting A Doctor After A Car Accident

Tips For Selecting a Doctor After a Car Accident

A car accident can result in both emotional and physical harm. They almost always lead to shock, whether it lasts only a few minutes or a few days. Along with this shock comes an adrenaline rush, which can mask the pain of physical injuries. In some ways, it's very handy because the adrenaline allows us to focus on the immediate tasks necessary after a car accident, like moving safely out of traffic, checking for serious injuries, and calling the police. After your mind has calmed down and had time to process the accident, you may notice aches and pains that weren't there before the accident. One of the most common pieces of advice you'll hear from well-wishers is to "go see a doctor". How you go about selecting a doctor after an accident depends on your injury or pain.

Doctors Who Can Help After A Car Accident

Even if you aren't in pain or think your pain is a mild, temporary discomfort that will go away with time, you should still make an appointment to see a medical professional. Many injuries are unnoticed at the time, but can cause pain and even disability days, weeks, months, and even years later. A doctor can give you an exam to rule out serious injury or to diagnosis whatever injury is plaguing you, then get you started on a recovery plan. When selecting a doctor, consider these choices:

• Emergency Rooms (ER). This is where you should go for life-threatening, serious injuries. If you have a sudden severe headache, dizziness, broken bones, and large open wounds or contusions get to the ER right away. In the immediate aftermath of an accident, an ambulance can transport you to the ER. If the symptoms arise later on, ask someone to drive you there or call an ambulance yourself.

• Primary Care Physician (PCP). If you have a PCP and the injury is not ER-worthy, you may want to make this your first choice. Your PCP will be familiar with your medical history and can conduct a full exam. They can also make referrals to specialists like chiropractors, physical therapists, or neurologists and order imaging tests to aid the diagnosis. Many people feel more comfortable seeing a familiar face after a car accident and trust their PCPs more than doctors they don't know.

• Physical Therapist. Physical therapists are a good choice if you are stiff or have a limited range of motion or trouble moving. These health care providers use a combination of therapies to loosen, relax, and strengthen muscles so that your body can help repair itself. A physical therapist focuses on body mechanics, which may involve the treatment of bones, joints, muscles, tendons, and tissues so your body can get back to its normal mode of operation and movement.

After your initial exam and diagnosis, any of these medical professionals may recommend imaging tests or other therapies or refer you to specialists to support your recovery. All of them should look for signs of concussion and brain injury in addition to whiplash, disc injuries, and muscle or joint injuries. Always be completely honest about your symptoms and their severity as it will help aid diagnosis and recovery. This includes any emotions or fear you may be feeling related to the accident. Selecting a doctor may mean more than just choosing a medical doctor, counseling and therapy may be needed after an accident, too.

Car Accident Injuries May Entitle You To Compensation

If you have been injured in an auto accident, you may be able to file an insurance claim or a personal injury claim to help cover the cost of medical bills, lost wages, and pain and suffering. Contact the personal injury team at Madison's Eisenberg Law Offices for a free consultation by calling 608-256-8356 or emailing Info@eisenberglaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/selecting-a-doctor-after-a-car-accident/.