Why You Need to Choose Your Criminal Defense Attorney Carefully

 

How to select a Criminal Defense Attorney after you face criminal charges

If you’ve been charged with a crime, you should start looking for a criminal defense attorney immediately. However, that doesn’t mean you should hire the very first attorney you see. Sometimes being hasty and rushing the process to find an attorney is the wrong way to go, and you end up with inadequate legal representation.

Your attorney is all that stands between you and the ocean of paperwork involved in a court case. The attorney is also the person who guides you through the entire court process, puts together the case, and seeks evidence that may answer questions and help you win when you finally go before a judge. Many attorneys are excellent at their work, but some are not; also, an attorney who may excel at certain cases your friends were involved in might not excel at yours.

This does not mean you shouldn’t take references from friends seriously; it just means that when you need to find an attorney, you should talk to a few and see what they think of your case. Ask them about deadlines and what time limits you may face, such as a statute of limitations or 10-day deadlines associated with OWI cases. Ask each about the paperwork you may need and what evidence you and the attorney both need to organize.

It’s essential you choose the right attorney at the start of your case. While you can change attorneys in many situations, the new attorney will be faced with fixing whatever the first attorney did (or didn’t) do. That can delay your case and create more problems.

You can shorten your search for an attorney by contacting Eisenberg Law Offices at 608-256-8356 as soon as possible. Get your questions and case information together so your consultation with our attorneys is constructive — and so we can answer your questions and get to work representing you.

This post was originally published at https://www.eisenberglaw.org/why-you-need-to-choose-your-criminal-defense-attorney-carefully/

These Factors Can Contribute to Car Accidents in Icy Conditions

 

If you’ve been injured in a car accident in Wisconsin’s icy roads, get the help you need to determine who is at fault

In Wisconsin, you’d have a hard time avoiding ice if you drove during winter. While cities and counties do what they can to keep roads clear, your actions go a long way toward keeping you safe on the road. If you still get into an accident when driving on ice, you need to speak to a lawyer in addition to your insurance agent about the issues associated with ice.

Were You Going Too Fast?

If the road looks clear, and you’ve driven it plenty of times before, you might zone out a bit. That can lead to you driving just a little too fast for conditions, which can contribute to getting into an accident. What you want to be sure of is whether your speed contributed to the crash because that could affect your attempt to take the other party to court.

How Do I Pay These Medical Bills?

If you were injured in an accident caused by someone else’s negligence, and your insurance coverage doesn’t cover all of the medical costs, then you may need to take the party at fault to court. You deserve to have your medical costs covered — and more — when someone injures you in an accident.

If you’ve been in an accident in icy conditions, you need to contact Eisenberg Law Offices at 608-256-8356 as soon as you can. The answers you get will help you decide whether additional legal action is necessary.

This post was originally published at https://www.eisenberglaw.org/these-factors-can-contribute-to-car-accidents-in-icy-conditions/

Addiction and Legal Concerns With Prescription Pain Killers

 

Know the potential legal risks of addiction to pain killers

All of the media coverage of the opioid epidemic in America can be overwhelming. If you become addicted to these medications, you may start to seek more and risk drug charges being filed against you. Be careful with how you take these medications to avoid legal and health problems developing for you.

How Legal Problems Arise

Taking prescription opioids is not a crime by itself. You need a valid prescription. If you have one, you also must avoid going to multiple doctors or alternative sources to get more. Avoiding an addiction to these drugs is critical to keeping you safe legally.

Take Medications as Prescribed

Some who worry about addiction arising can make the mistake of not taking pain medications when they need them. If you wait until the pain is unbearable, you may take too much when you decide you have to have it. This feeling of intense need often creates the initial addictive sense that drives compulsive need for drugs. Instead of trying to fight through pain, take what the doctor prescribes.

Don’t Alter Your Doses

The flip side of this is taking more than you are supposed to take. Remember that pain medications seldom work immediately. It takes a little time for the pain you are feeling to recede. By taking too much, you might dull the pain more, but you also develop a compulsion that suggests the act of taking the medicines, rather than letting the medication work as designed, solves your problems. This can lead to trying to obtain more than you should and opening yourself up to legal difficulties.

Opioids are highly addictive products, and you need to be careful in how you obtain and take them. Still, taking them under valid prescriptions remains legal. If you are facing trouble with possession charges for prescription pain killers, contact Eisenberg Law Offices, at (608)256-8356 or online. We can help you protect your legal rights.

This post was originally published at https://www.eisenberglaw.org/addiction-and-legal-concerns-with-prescription-pain-killers/

Your Rights When the Police Pull You Over

 

Know your rights when you’ve been stopped by the Police

If you have ever been pulled over, you know how intimidating the moment can be. The officer might give you instructions, ask questions, and generally make you feel like you have no choices. The good news is that you do have rights when the police stop your vehicle. Understanding these rights can help you protect yourself.

You Don’t Have to Answer Questions

You have the right to remain silent when you are pulled over. When a police officer asks whether you’ve had anything to drink, asks if you are in a hurry, or other questions that may even seem polite, you may choose not to answer those questions. Know that he or she may use your answers against you. You should be polite and respectful, but you do not have to give answers when they ask.

You May Have to Take a Blood Alcohol Test

If the officer suspects you have been drinking, Wisconsin law requires you to take a breath or blood test. This might be frustrating, but the penalties for refusing the test can sometimes be more severe than a DUI conviction would be. If there is a smell of alcohol on your breath or other indication that you have been drinking, do not try to refuse the test.

A Vehicle Search Requires Probable Cause

You do not have to consent to a search of your vehicle. If an officer searches your vehicle, anything found may be thrown out unless he or she had a valid reason to search it. This can include drug paraphernalia visible in the car or an outstanding warrant.

Racial Profiling Is Illegal

If you feel you are stopped because of your race, remain polite and respectful. At the same time, you should request the officer’s name and badge number so you can report it. If there is a witness, make sure you can reach that person to support your information.

You don’t abandon your rights during traffic stops. If you were pulled over and need legal help, contact Eisenberg Law Offices online or at (608)256-8356.

This post was originally published at https://www.eisenberglaw.org/your-rights-when-the-police-pull-you-over/

How Contingency Fees Work for Your Personal Injury Case

 

When do I get paid under a Contingency Fee arrangement?

One reason many people decide against getting legal help for a personal injury is the cost. They worry that they can’t afford a good lawyer, and should just try to go it alone. This is why most of the best personal injury attorneys offer contingency fee agreements. If you are worried that you can’t afford an attorney to help recover for your injuries, these arrangements can give you access to the help you need.

How Contingency Fee Agreements Work

The word “contingency” means that the fees you pay will depend on the outcome of your case. Instead of paying a retainer and hourly fees for your representation, you pay nothing up front. If you win your case, your fee will come out as a percentage of the settlement or verdict you win. If you do not win, you do not owe the attorney any money.

Main Advantages of a Contingency Fee Agreement

The most obvious advantage of these agreements is eliminating up-front costs. While you worry about medical bills, lost work, and your day to day activities, you do not need the added stress of how to pay your legal bills. You work with your attorney to understand and develop your case, without the weight of added costs for you.

Beyond this, the contingency arrangement makes clear the motivation for your attorney to do his or her best work for you. The attorney only gets paid with a settlement or verdict, and earns more for a larger result for you. 

Payment After Settlement

The attorney’s fees come out as a percentage of the amount. The attorney will present a balance sheet that gives you a breakdown of the fee and any expenses involved, and give you a chance to clarify any information needed. You then receive your settlement with your fees paid out of the settlement amount.

If you have been injured, a contingency fee agreement can help you afford the best legal representation. To learn more, contact Eisenberg Law Offices online or at (608)256-8356.

This post was originally published at https://www.eisenberglaw.org/how-contingency-fees-work-for-your-personal-injury-case/

Recovering After an Accident with an Underinsured Driver

 

If you’ve been in a car accident with an underinsured driver can you recover all of your damages?

In Wisconsin, just like elsewhere in the United States, drivers are required to carry liability insurance. Unfortunately, after a serious injury, the other driver’s insurance may not be enough to cover your damages. If this happens, you have legal options. An experienced attorney can help you work through your claim and get the compensation you deserve.

Underinsured Coverage

Depending on your insurance coverage, your policy may be designed for exactly this situation. Carrying uninsured or underinsured coverage gives you a backstop to protect you. In a hit-and-run, or in an accident where the other driver does not carry enough to cover your damages, this policy benefit kicks in to cover your damages caused by the other driver–up to your own policy limits. It still will not help you beyond your limits, but it can provide some important protection for you.

File Through Your Insurer

You can file a claim with your company for the damages you sustain if the other driver is uninsured or does not have enough insurance coverage. If the other driver is at fault, your insurer will process your claim and go after the other driver through a process called subrogation. This means that your insurer sues on your behalf to recover damages for the accident. It may even be able to recover the amount that you pay for your deductible.

Work with Your Lawyer

Before you agree to a settlement with any insurance company, you should contact an experienced accident attorney. At Eisenberg Law Offices, we will take the time to work through your claim and help you understand the full damages you sustain. We will then help you pursue your claim and recover what you have lost. If you are in Wisconsin and have been in an auto accident, contact us online or at (608)256-8356 to get started.

This post was originally posted at https://www.eisenberglaw.org/recovering-after-an-accident-with-an-underinsured-driver/

First Offense OWI in Wisconsin | OWI Defense Attorney WI

 

Don’t Shrug Off a First Offense OWI in Wisconsin

There’s a commonly-held belief among Wisconsin drivers that a first offense OWI isn’t a big deal. That perception is incorrect. Even first-time offenders can experience expensive penalties and life-changing consequences as a result of an OWI.

As a civil offense, first time OWI penalties in Wisconsin may include any or all of the following:

• 6 to 9 months driver’s license suspension.
• $150 to $300 in fines.
• A $365 OWI surcharge.
• Ignition Interlock Device (IID) requirements if over a certain BAC level.
• Mandatory Alcohol and Other Drug Assessment (AODA).
• Higher insurance rates and SR22 verification if given high-risk driver status.
• A $200 OWI suspension reinstatement fee when applying for a new driver or occupational license.

All of the penalties mentioned above increase substantially if the ticket was issued with a minor under 16 in the car. Drivers can also be convicted of OWI even if their BAC is within the legal limit. As long as a court rules that the driver was incapable of safe driving, the driver will face the same penalties as an OWI conviction for drivers over the legal limit.

Facts About First Offense OWI in Wisconsin

• OWI stands for “Operating While Under the Influence of an Intoxicant.” This is a broad term that encompasses the more commonly understood “drunk driving” offense.
• The terms OWI, DUI, DWI, BAC, and PAC are synonymous and apply to the operation of motor vehicles while under the influence of alcohol and controlled substances or other intoxicants.
• First Offense OWIs can stay on your driving record forever.
• You will be required to carry an SR-22 vehicle liability insurance document for at least 3 years, which will likely result in higher insurance rates during that time period and for several years after.

Legal Defense Against First OWI Can Help Your Situation

Although receiving a first offense OWI in Wisconsin can be unexpected and stressful, it should never be brushed off as inconsequential. The stakes are too high, particularly if you rely on your ability to drive for work. At the very least, you will be required to pay fines and will lose some driving privileges while having the offense become part of your public record.

To ensure you are treated fairly and the fines fit the actions, contact the OWI defense team at Eisenberg Law Offices in Madison, WI. We will have your back, ensuring your side of the story is told and your rights protected.

Schedule a free case consultation by calling 608-256-8356 or emailing Info@eisenberglaw.org today.

This post was originally published at https://www.eisenberglaw.org/first-offense-owi-in-wisconsin-owi-defense-attorney-wi/

Car Accident Questions | Insurance Company Questions

 

Expect These Questions From Your Insurance Company After A Car Accident

Your insurance company will be one of the first calls you make after a car accident. Once you’re assured that everyone is okay and has received medical treatment, your next thoughts will likely turn to insurance coverage. Although you pay premiums to retain auto insurance coverage, that does not guarantee you will receive a financial payout equivalent to your needs after an auto accident.

The reality is, insurance companies are businesses, and businesses need to make money; one way to do that is to reduce expenses, like accident payouts. That means all claims will be investigated before the insurance company writes a check.

8 Questions That Are Commonly Asked in Accident Investigations

As the investigation gets underway, expect to speak with your agent and a claims adjuster. The claims adjuster is a trained professional whose job is to gather as much information as possible about the accident. The insurance provider uses this information to help determine fault in the accident and the insurance providers’ financial payout responsibility in the accident.

To facilitate that investigation, expect to be asked questions similar to the following after a car accident:

1. Where and when did the accident occur?
2. Who was driving, were there other parties involved, and if, so how many?
3. Were you carrying passengers in your vehicle?
4. What happened leading up to the accident?
5. What do you think are the primary factors that led to the accident?
6. Were there any injuries? If so, who was injured, and what are the injuries?
7. Who do you think bears fault for the accident?
8. Were the police called? If so, which jurisdiction?

A Car Accident Attorney Can Help You Navigate The Insurance Claims Process

It’s important to note that insurance providers are required by law to act in good faith as they investigate accidents. That means the insurance company must conduct an actual investigation, gather and analyze evidence, and make decisions based on an honest review of that evidence.

If you believe your provider has not acted in good faith or want help navigating the insurance claims process, contact the accident attorneys at Eisenberg Law Offices in Madison, WI. We have represented drivers and accident injury victims throughout Wisconsin to advocate for insurance payouts, negotiate claims, and make sure good faith practices are followed. We also represent clients in court. Experienced legal counsel on your side can make the difference between obtaining compensation after an accident and not.

Contact Eisenberg Law Offices at 608-256-8356 or by email at info@eisenberglaw.org to arrange a free car accident case review.

This post was originally published at https://www.eisenberglaw.org/car-accident-questions-insurance-company-questions/

Hiring an OWI Lawyer | Questions For Wisconsin OWI Lawyer

 

9 Questions to Ask Before You Hire an OWI Lawyer

Making bail after an OWI arrest in Wisconsin is just the first step in the process of fighting the charges against you. Given the state's recent adoption of stricter OWI laws and penalties, it is more important than ever that even first-time offenders consult an OWI lawyer after their arrest. After posting bail, your next step should be to start researching OWI attorneys in Wisconsin. Not just any attorney will do in this situation. You will want to hire an experienced criminal defense attorney specializing in OWI to represent you, but this is easier said than done if you've never had to hire a defense attorney before now. Use the questions below to aid you in your search.

9 Questions For OWI Lawyer Interviews

Attorneys specialize in different areas of law, which is why researching attorneys is so important to finding the right attorney for your specific situation. An OWI lawyer should have experience with criminal defense of OWI, DUI, DWI, BAC, etc., in the state of Wisconsin at a bare minimum. You can learn more about an attorney's experience and approach by asking the following questions.

1. How long have you been a practicing criminal defense OWI lawyer?

Look for attorneys who have a proven track record in criminal defense and OWI in Wisconsin in particular.

2. How much experience do you have handling cases like mine?

Take advantage of free case consultations to discuss the specifics of your case before hiring an attorney. During your consultation, ask about the attorney's experience with OWI criminal defense cases that resemble your own.

3. What do you see as my best and worst case scenarios?

A good attorney will be straight with you. They won't sugarcoat your situation. They'll tell you the good and the bad. So be sure to ask this question to gauge their honesty.

4. What is your fee structure? What services are included in the fee?

The reality for most people in Wisconsin is that OWI attorney fees will influence their decision, so it's best to be upfront before either of you invest any more time in the process.

5. What is your familiarity and experience with the local courts?

An OWI lawyer who is familiar with your local court system, judges, and prosecutors will have the advantage of knowing what is expected of defendants and defense arguments as well as courtroom policies and procedures. This insider knowledge can be beneficial to ensuring the case moves along smoothly, and your attorney doesn't ruffle any feathers.

6. Can you provide references or testimonials?

Reference, testimonials, and online reviews are all excellent resources to finding the right attorney to represent you. These outside opinions provide unbiased insight into the attorney's experience, results, approach, and communication style.

7. How many jury trials have you been engaged in?

Some cases go to a jury trial. Some don't. If you expect your case to go to trial, you will definitely want an attorney with trial experience representing you. You want your attorney to be cognizant of courtroom expectations and appear competent and confident in front of a judge and jury.

8. What sort of defense strategy will you use?

Discuss your defense options and which ones the attorney expects to have the best results for you. As you speak to multiple attorneys, you can begin to compare and contrast strategies and use that information to aid your decision.

9. What is communication like? How will we stay in contact, and how frequently will I hear from you?

You will need to work closely with your attorney leading up to and through a ruling and possibly through sentencing. Discuss how you will communicate with one another and what their availability to you will be like. Ask if you will be working with an assistant, paralegal, or another attorney on their team, so you know who to contact and when.

Schedule a Free Case Consultation with an Eisenberg Law OWI Lawyer

Put experience to work for you. The OWI attorneys at Eisenberg Law Offices have over 30 years of experience with the Wisconsin criminal justice system and OWI defense. Schedule a free case consultation by calling 608-256-8356 or emailing Info@eisenberglaw.org to discuss your situation with a seasoned OWI attorney.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/hiring-an-owi-lawyer-questions-for-wisconsin-owi-lawyer/

Car Accident Caused By Medical Emergency

 

Car Accident Liability When There is a Sudden Medical Emergency

By their very nature, sudden medical emergencies are unexpected and unpredictable. They can happen at any time, even when driving. When a sudden medical emergency happens to a driver and causes a car accident, the driver may not be liable for accident damages under Wisconsin law.

Under Wisconsin's medical emergency doctrine, if a driver suffers a medical situation that was not foreseeable, he or she will not be held responsible for any financial or legal responsibility for the event or for any behavior that may have stemmed from the emergency situation. Common examples of medical emergencies that can lead to a car accident are:

• Heart Attacks
• Blackouts
• Brain Aneurisms
• Seizures

The key to determining liability in these situations hinges on the question of whether or not the condition was foreseeable or anticipated.

Red-Flag Medical Conditions, Evidence Collection, and Establishing Liability

While there is no doubt that medical emergencies can and do occur behind the wheel, there is also no doubt that some at-fault drivers try to use the "medical emergency" excuse as a way to avoid liability for the accident. This is one reason why specific requirements must be met before a driver can use a medical emergency as a defense argument. 

A car accident attorney for the victim will investigate the situation to collect evidence to determine if the at-fault party knew or should have known about their risk of having a medical problem occur while driving. If, for example, the driver knew he or she had a certain condition, then chances are they also knew they were at risk of suffering an emergency at any time, including when driving.

Pre-existing medical conditions that raise red flags as having the potential to result in an emergency medical situation while driving include:

• Heart disease and the treatment thereof.
• Diabetes.
• Seizures and seizure medications.
• Eye conditions that affect the ability to drive.

Whenever a medical condition defense is raised, the victims' attorneys and the courts will want to examine the evidence, consult medical experts, review the patient's medical records and medical history, and conduct interviews with affected parties to ascertain whether or not the emergency could have been foreseeable. Your attorney will want to speak with the other driver's doctors and independent experts to determine potential liability.

When To Seek Legal Counsel

Suppose you are involved in a car accident where the other side claims they are not at fault due to a medical emergency. In that case, it is best to contact a car accident attorney for advice and representation right away, before the case advances. These cases are complex due to the nature of medical diagnoses. Having a personal injury attorney represent you is your best chance of recovering damages and winning your case. Losing a case could mean you are on the hook for vehicle damages, medical bills, and other financial losses. Winning the case means the other party will bear at least some financial responsibility for your losses, which can be very helpful for most people.

Contact the car accident attorneys at Eisenberg Law Offices to discuss your situation during a free case consultation by calling 608-256-8356 or emailing Info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/car-accident-caused-by-medical-emergency/

How You Can Defend Against a Drug Possession Charge

 

Are you facing Drug Possession Charges in Wisconsin?

Drug charges are serious, and you don’t want to be held responsible for drugs that weren’t yours, especially if you didn’t even realize they were around. Finding out that someone has stashed drugs on you purposefully but without your knowledge, or finding out when you borrowed someone’s car that they had left some drugs inside, can be nerve-wracking. All is not lost, however; you have a number of defenses available depending on how the drugs were discovered.

A Drug Search That Violates Your Rights

It’s possible that you already knew the drugs were there, but if the officer who found them did not conduct the search properly, you may be able to beat the charges. If the officer had no probable cause to search you or the area in which the drugs were found, or if you and other people nearby refused the officer’s request to search, then the officer should not have searched. And if the drugs were found during that unauthorized search, they might not be admissible in court.

You Really Didn’t Know

Sometimes you end up around drugs that you didn’t even know were there. Maybe you borrowed a friend’s car in a rush, or you were walking with people who were searched for another reason, and the officers found the drugs then. If you can prove that you really did not know there were drugs present, you may be able to get the charges dropped.

You Don’t Meet the Guidelines for True Possession

Legally, you can have constructive possession — you knew the drugs were there somewhere but didn’t have them yourself and didn’t see them — and actual possession, in which you actually had the drugs. If you didn’t actually have the drugs, and you didn’t know they were around, you really don’t meet either of those types of possession. That makes the prosecution’s case a lot harder as now there may be much less evidence that you should be held responsible for the drugs.

If you’re facing drug charges, contact Eisenberg Law Offices at 608-256-8356 immediately. You’ll need legal assistance to find the correct defense against these charges.

This post was originally published at https://www.eisenberglaw.org/how-you-can-defend-against-a-drug-possession-charge/

Winter's Around the Corner -- Here's How to Stay Safe on the Road

 

Follow these safety tips when you drive this Winter

It’s hard to believe, but winter is almost here again. That means it’s time to review how to drive safely during the colder months, and this year it’s especially important to pay attention because so many people have done so little driving for so long. Even those who have had to travel daily for essential work may find the conditions different enough that winter driving becomes more difficult. Here are some reminders for staying safe while driving during Wisconsin’s winters.

Prepare Before You Go

Winter in this state isn’t a time for whimsical road trips. You have to prepare your car and yourself. Make sure you have things like emergency blankets, a working flashlight, some sand or litter should you get stuck in an icy spot, and a little non-perishable food and water. Ensure you have jumper cables, an ice scraper, extra anti-freeze, and also things like ice cleats or snow grips for your shoes if you have to get out and walk.

Check the weather and traffic reports each time before you leave. Keep your gas tank as full as possible, and if the weather report says bad weather is incoming, fill up out of precaution. You never know if you’ll have to take a long detour. Also, remember to get your winter tires put on!

If you need to warm up your car, don’t run the engine in a closed area, like a closed-up garage. that increases the risk of carbon monoxide buildup.

On the Road

When you’re actually driving, keep your distance, go more slowly than you might think is OK, keep the cruise control off (so you have more immediate control of the car), brake carefully, and overall, don’t rush! Watch out for people darting into the street in bad weather, too. So much of road safety in winter relies on the simple tactic of just taking it easy and taking your time.

Despite everyone’s best efforts, accidents can still happen. If you’ve been injured in a car accident where weather was a factor, contact Eisenberg Law Offices at 608-256-8356. We can help you with legal actions resulting from the accident and your recovery time.

This post was originally published at https://www.eisenberglaw.org/winters-around-the-corner-heres-how-to-stay-safe-on-the-road/

Zero Tolerance for Underage DUI in Wisconsin

 

Charged with an Underage DUI in Wisconsin? What you should know.

You know drinking under the age of 21 is illegal. Different states prosecute this in different ways. Wisconsin applies a zero tolerance standard for underage drinking and driving. If you or your child is between ages 15 and 20 and caught driving with any alcohol in his or her system, the consequences are both immediate and severe. You will want to talk to an attorney right away to help protect your legal rights.

Defining Zero Tolerance in Wisconsin

In Wisconsin, the blood alcohol content (BAC) limit for drivers age 21 and over is .08%. Driving with a BAC under .08% does not constitute DUI or OWI, unless the driver shows other signs of being inebriated. For drivers under 21, there is no allowed amount; a BAC over 0.0% will result in a DUI or OWI charge, or an absolute sobriety charge.

Why Zero Tolerance?

Statistics show that drivers under the age of 21 are more likely to get into accidents where alcohol is involved. Younger drivers are already prone to more driving errors, so drinking and driving at these ages is asking for trouble. The law also removes any doubt or guesswork; if a driver under 21 has anything to drink, he or she should not get behind the wheel. The strategy has worked; in Wisconsin, the implementation of the zero tolerance law led to a 34% decrease in crashes and fatalities for drivers ages 15 to 20.

Consequences of Underage DUI

With zero tolerance in place, underage drinkers have little wiggle room. The charges filed against them may impact college or employment applications, and stay on their record for a long time. Punishment can include fines or jail time, as well as a mark you can’t escape after a conviction.

DUI and OWI are always serious charges. For those under age 21, it can create a nightmare. If you or your child is charged with these crimes, contact Eisenberg Law Offices online or at (608)256-8356. We will help you protect your rights, your family, and your future.

This post was first published at https://www.eisenberglaw.org/zero-tolerance-for-underage-dui-in-wisconsin/

Dealing With An Arrest Warrant in Wisconsin

 

If you are facing an Arrest Warrant in Wisconsin, get experienced help!

Sometimes you can find yourself in legal trouble without even knowing it. If you have an outstanding arrest warrant, you may not know about it until the police have picked you up. Before you know it, you are facing questioning and sometimes charged with a crime. If you find yourself dealing with an arrest warrant in Wisconsin, you need an experienced defense lawyer right away.

What Is an Arrest Warrant?

In Wisconsin, a judge can issue an arrest warrant for you after a police investigation into a crime. Once the police establish probable cause, they request the arrest warrant, a formal order for your arrest. At this point, they gain the ability to pick you up at any time. You could be at work or at home, day or night. You may not know you were under investigation, or that anyone even committed a crime.

If You Know a Warrant Exists

If you know of an arrest warrant issued against you, don’t wait for the sheriff to come to you. Seek out an experienced criminal defense attorney right away. He or she can help you look into the evidence against you, contact the authorities on your behalf, and help you understand your legal rights. 

After Your Arrest

Unfortunately, you often don’t know about the warrant until the police arrive. By the time they pick you up, they have developed enough evidence to show probable cause for arresting you. If the police pick you up, cooperate, but don’t tell them anything. If they try to question you, request an attorney; you have the right not to answer questions until you have a lawyer present, even if they tell you that you are not yet under arrest.

If you are facing an arrest warrant in Wisconsin, don’t wait; contact Eisenberg Law Offices online or at (608)256-8356. Our experienced criminal defense team will get to work right away to protect your rights.

This post was first published at https://www.eisenberglaw.org/dealing-with-an-arrest-warrant-in-wisconsin/

Do You Owe Taxes on an Accident Settlement?

 

An accident settlement may be taxable or non-taxable depending on how they are classified

When you win a trial verdict or a settlement for personal injuries and other damages from an automobile accident, it feels like the end of a long road. Still, you have more to work through. The way the parties classify the settlement can determine how much of what you collect is taxable. Plan to work with an experienced personal injury attorney who can help you understand the tax consequences of your settlement.

Non-Taxable Recovery

The IRS excludes some parts of a settlement from taxation. Any recovery that is related to your physical injuries will not be taxable. This includes your medical costs, as well as attorney fees and pain and suffering–as long as they result directly from your injuries. These damages reimburse you for direct losses due to your injury, and they are not taxed.

Taxable Recovery

Unfortunately, you cannot avoid taxation on all damages. Punitive damages are taxable. And, in certain circumstances, lost wages can be taxable as well. If most of your damages get classified in these categories, it makes a big difference in the ultimate value of your settlement.

Why It Matters

The tax hit on an injury settlement can take a significant piece out of what you recover. An experienced personal injury attorney can help in two ways. One is simply by helping you understand what you can expect from a tax perspective. If you settle your case, an attorney can help you prepare the settlement agreement to help you classify as much of your recovery as non-taxable as possible. This is a hidden area where the right attorney can help you immensely.

If you have been in an accident, contact Eisenberg Law Offices online or at (608)256-8356. Our experienced attorneys understand the tax consequences of not only what you receive, but also how what you receive gets categorized. We will help get the most from your settlement.

This post was originally published at https://www.eisenberglaw.org/do-you-owe-taxes-on-an-accident-settlement/

Recovering for Damages due to Highway Accidents with Trucks

 

Damages for Car-Truck accidents can be recoverable – find out how

Highway driving creates potential hazards every day. Some of the most damaging accidents come when large trucks change lanes unsafely. The size of the vehicle and the highway speeds involved create a dangerous combination. If you have been in an accident with a commercial truck, you may be able to recover damages. 

How Accidents Happen

Truck drivers are professionals, and know how to handle their vehicles. Unfortunately, mistakes happen. In a lane change, it can be difficult for a driver to judge the space or sometimes see another vehicle, especially behind a large trailer. In addition, wind resistance or a blown tire can make the driver lose control of the truck and veer or tip into another driver on the road. Finally, while logging long hours on the road, a driver can simply get tired and lose focus for that one critical moment.

Unfortunately, one moment is enough to cause tremendous damage. If a truck hits you, it can total your car and cause significant injuries. Even if you avoid it, swerving out of harm’s way can create a chain reaction that might involve multiple cars, causing damage to property and injuries to anyone affected.

Who Is Responsible?

A truck driver carries insurance that covers him or her as well as the trucking company. The driver may be personally liable, but the company as well has a responsibility to ensure its trucks are safe for operation on the highway. In addition, because the drivers are agents for the company, the company is usually liable for their actions on duty. In some cases, the entity that hired the trucking company may bear responsibility as well.

The driver and company will of course try to either deny liability or settle quickly. If you have been in a highway accident with a truck, contact Eisenberg Law Offices online or at (608)256-8356. We have the truck accident experience to get you the results you deserve.

This post was originally published at https://www.eisenberglaw.org/recovering-for-damages-due-to-highway-accidents-with-trucks/

Criminal Damage to Property | Wisconsin Felony Charges

 

When Is Criminal Damage to Property a Felony in Wisconsin?

Criminal damage to property is typically a misdemeanor in Wisconsin, but there are times when the damages could result in a felony charge.

Definition of Criminal Damage to Property and Repercussions

Wisconsin defines criminal damage as “Whoever intentionally causes damage to any physical property of another without the person’s consent.” Under the law, this is typically a Class A misdemeanor. The penalties for this charge are jail time for up to 9 months and/or as much as $10,000 in fines.

However, criminal damage to property becomes a Class I felony in Wisconsin if the damage:

• Affects a public roadway or vehicle, which may result in injury to other people or further damage or destruction.
• Affects a public utility or common carrier, and the destruction impairs service delivery.
• Is made to property that belongs to a person who is/was a juror and the damage was caused in reaction to a verdict or indictment.
• Reduces the value of the property by more than $2,500.
• Occurs on state-owned land and affects any “rock-site art”, such as archaeological sites with carvings or paintings on immobile rock surfaces.
• Was a plant or material used to grow a plant and the plant was to be used to feed animals or for commercial purposes.
• Was to a machine that operates with paper or plastic currency, the purpose of the destruction was to steal the money, and the damage decreased the object’s value by between $500 and $2500.

Class I felony criminal damage to property convictions include up to 3 years and 6 months of imprisonment and/or fines of up to $10,000.

If the property that was damaged belonged to an energy provider and was destroyed in order to disrupt goods or services, it may be charged as a Class H felony, which carries imprisonment for up to 6 years and/or a fine of up to $10,000.

Fight Criminal Charges in Wisconsin With Eisenberg Law Offices

If you are facing criminal charges in Wisconsin, you need an experienced defense attorney by your side, advocating for you, protecting your rights, and sharing your side of the story. Contact the team at Eisenberg Law Offices to arrange a free case consultation by calling 608-256-8356 or emailing Info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/criminal-damage-to-property-wisconsin-felony-charges/

Personal Injury Attorney | Wisconsin Car Accident Attorney

 

I Received A Personal Injury As A Result Of A Car Accident. What Should I Do?

It’s normal to feel shaken up after a car accident. It’s even normal to have some muscle pain and bruising or worse if the accident was severe. What is not normal is lingering pain, movement restrictions, or cognitive problems. If any of those situations occur, you may be looking at a more serious injury that requires medical attention and possibly legal attention.

What To Do After A Car Accident

In the immediate aftermath of an auto accident, you’ll want to ensure the safety of yourself, the other driver, and any passengers or pedestrians who were involved in the accident. Once this is done, you should:

1. Call 911 to ensure a police report is taken so it can be used when an insurance claim is filed.
2. Gather contact information from all parties and witnesses.
3. Take notes and photos of the accident scene while you wait for the police to arrive.
4. Obtain medical treatment even if you feel fine.
5. Contact your insurance company to inform them of the accident and begin the claims process.
6. Contact an accident attorney for a review of your situation.

By gathering as much information as possible right after the accident and taking steps to identify and record your injuries, you can help build a personal injury case if you need to later on. Both your insurance company and your attorney will want a detailed record of what happened and documentation of the extent of your injuries to process the claim and/or build a case.

Meeting With A Personal Injury Attorney

Even if you don’t think you have a case, it is worthwhile to meet with a personal injury attorney, especially if you have been hospitalized, have long-lasting problems, or had to take time off of work to recover. An injury attorney who specializes in car accidents will be able to give you an impartial opinion as to whether or not you have a case and how to proceed.

The car accident attorneys at Madison’s Eisenberg Law Offices offer free case consultations and are available to help you evaluate your situation and decide what to do. We have been representing accident victims in personal injury cases for over 35 years and are eager to help you move forward after an accident.

Call 608-256-8356 or email Info@eisenberglaw.org to arrange your free case review.

This post was originally published at https://www.eisenberglaw.org/personal-injury-attorney-wisconsin-car-accident-attorney/

Wisconsin Domestic Abuse Charges | Criminal Defense Attorney

 

Do Domestic Abuse Charges in Wisconsin Always Result In Arrest?

Wisconsin has strict domestic abuse laws designed to provide strong protections for all residents. You should expect officers to take all domestic abuse calls seriously and respond aggressively. It is not at all unreasonable to expect to be arrested on domestic abuse charges.

Definition of Domestic Abuse

The State of Wisconsin defines domestic abuse as intentionally injuring or attempting to intentionally injure a family or household member. That includes:

• Spouses and former spouses
• Current and former roommates
• People with whom the alleged offender has a child

Under the law, you could face domestic abuse charges and be arrested even if you do not make physical contact with the victim. Any of the following could result in domestic abuse charges being filed:

• Intentionally causing physical pain, injury, or illness on another
• Intentionally impairing someone's physical condition
• Committing sexual assault
• Engaging in a physical act that would make the other person fear that they are in imminent danger of harm
• Making threats and/or threatening gestures that the victim could reasonably fear

Conditions Under Which Police Will Make An Arrest

Wisconsin State Statute 968.075(2) specifies that a police officer who is responding to a domestic abuse call must have probable cause that you are committing or have committed a domestic abuse offense in order to make an arrest.

Probable cause is much more than just a suspicion. There must be evidence to suggest that the abuse probably did occur and that it affected the safety of others around you. Still, probable cause alone is not enough to make an arrest. In addition, at least one of the following criteria must also be apparent:

• A reasonable belief that you will continue abusing the alleged victim
• The alleged victim is physically injured
• You are the predominant aggressor

We frequently receive questions about the "predominant aggressor," especially in situations where the alleged victim and the alleged abuser are both causing injury to the other. Under the law, the predominant aggressor is the person who is causing or has caused the most significant harm. This person does not have to be the one who initiated the altercation. It is possible that the other person acted first and even threw a punch, but if the alleged abuser retaliated with substantially more violence or a threat of violence, he/she would be considered the predominant aggressor, and law enforcement officers would be required to make an arrest on domestic abuse charges.

Determining The Predominant Aggressor

Since arrests can be made based on who is the predominant aggressor, police officers have to be very sure that the accused is indeed the predominant aggressor. They use several criteria to make this determination, including, but not limited to:

• prior domestic abuse offenses,
• statements made by the alleged victim and witnesses,
• the severity of the injuries,
• the degree of fear you or the alleged victim have of the other,
• current or past threats of harm against the alleged victim,
• whether self-defense was involved.

Our Wisconsin Criminal Defense Team Wil Defend Your Rights

A charge of domestic abuse should never be taken lightly. A conviction will upend your life and make it much harder for you to obtain employment, see your kids, and even find housing in the future. If you have been accused of domestic abuse, you need an experienced criminal defense lawyer by your side, defending your rights, presenting the facts, and being your strongest advocate. Trust your defense to the team at Eisenberg Law Offices in Madison. We have over 35 years of experience handling criminal defense cases in Wisconsin and offer free consultations so you can determine if we are a good fit for your situation.

Call 608-256-8356 or email info@eisenberglaw.org to schedule your free consultation today.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/wisconsin-domestic-abuse-charges-criminal-defense-attorney/

Soft Tissue Injury Cases | Madison Car Accident Attorney

 

Build a Case For A Soft Tissue Injury: Tips From A Personal Injury Lawyer

A car accident can result in a variety of injuries. Most often, we think of the more obvious: broken bones, contusions, and bumps and bruises. But other, less visible injuries occur as well, and they can be particularly insidious. Traumatic brain injuries, internal bleeding, and soft tissue injuries all come to mind. Unfortunately, these "invisible" injuries are often treated less seriously by insurance companies, and obtaining coverage for their treatment is an exercise in patience and diligence. It can be very difficult to obtain compensation for a soft tissue injury in particular, but it is possible with perseverance and the help of an experienced accident attorney.

Soft Tissue Injuries That Often Result From Car Accidents

A soft tissue injury is any injury that affects the muscles, ligaments, and tendons. Since these structures are located all over the body, a soft tissue injury can affect nearly every part of the body. The most common soft tissue injuries that we see after a car accident are:

• Whiplash
• Sprains and strains
• Contusions
• Hernias
• Pinched or compressed nerves
• Rotator cuff tears
• Anterior cruciate (knee) ligament tears

One of the reasons why it is so hard to obtain insurance coverage for a soft tissue injury is due to the seemingly innocuous nature of the symptoms. Insurers will argue that the symptom could be from any number of things, not specifically the accident. Signs of a soft tissue injury include:

• Swelling
• Inflammation
• Back pain
• Sharp neck pain
• Stiffness of the neck
• Inability to bear weight on a joint
• Discoloration and bruising
• Sudden onset of pain
• Pain upon moving the affected body part
• Cognitive problems

Another strike against soft tissue injuries is that they do not follow a set pattern of behavior. Some symptoms occur right away, while others appear gradually. Some are consistent; others come and go. Sometimes patients can function normally for a while but then experience worsening symptoms.

All of these factors can make it difficult to prove that the injury was solely the result of the car accident.

Providing Evidence Of The Injury

The best thing a car accident victim who wants to obtain compensation, or even just insurance coverage, for their injury can do is to collect evidence. Our personal injury attorneys have used many types of evidence to prove an injury resulted from an accident, such as:

• Accident scene photos.
• Pictures of the injury.
• Imaging test results.
• Medical records, reports, diagnoses, and treatments.
• Employment records.
• Pain journal.

It is very important for crash victims to follow all of their doctor's orders. Any deviation from the prescribed treatment plan could hurt your case as the insurer could argue that your injuries weren't that serious if you were able to shrug off your care instructions. This could lead to a claim denial or a reduction in a settlement.

An Experienced Car Accident Attorney Can Help You Build And Win Your Case

If you have been injured in a car accident and have soft tissue injuries as a result, you have a right to medical care coverage and compensation. Receiving that care and compensation is another story, however. The personal injury and car accident attorneys at Eisenberg Law Offices are here to help. We can help you negotiate with insurance providers and build a personal injury case that holds the negligent party financially responsible for medical costs, and lost wages, and pain and suffering.

Arrange 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/soft-tissue-injury-cases-madison-car-accident-attorney/

How to Violate Probation and Be Sent Back to Jail

 

Here’s some things to keep in mind to avoid violating your probation – it could keep you out of jail

Probation can be both a blessing and a curse, as the saying goes. It’s a blessing in that you’re not in jail and can live a relatively normal daily life. It’s a curse, however, because it is so easy to violate probation by doing things that, at times, can seem mundane and not worthy of jail. Probation is a test period; if you can get through these few years of restrictions, you gain more freedom.

Some violations are ones you know you can’t do, such as commit another crime or get into trouble in any way with the police. You can not use controlled substances or use alcohol if you are on probation. In fact, you may have to submit to regular drug testing as part of your probation conditions, and you don’t want to have anything in your system.

You can also violate probation by not showing up for court hearings, not checking in with your probation officer, and not paying fees or fulfilling other parts of the agreement surrounding your release on probation. When the court decides you can be out of jail on probation, you’ll have a set of conditions you have to meet, and not meeting any of them can be grounds for a violation that lands you back in jail.

One way to violate probation that often trips people up is that sometimes the terms of the probation period include not associating with — in other words, not being with — certain people or being in certain locations. This can include not traveling outside the county or state, which may seem like an easy requirement to fulfill, but you can easily forget that you’re not supposed to be in the next county. Or that person you have to avoid may try to contact you against your will, resulting in an involuntary violation if the two of you are seen together.

If you’re worried that you’ve violated probation and may be sent to jail, contact Eisenberg Law Offices at 608-256-8356. You need legal help, especially if the violation was unintentional or due to extenuating circumstances.

This post was originally published at https://www.eisenberglaw.org/how-to-violate-probation-and-be-sent-back-to-jail/.

Hurt in a motorcycle accident and they claim they never saw you?

 

Contact a motorcycle accident injury attorney to protect your rights

An accident in which a car hits a motorcycle can be devastating for both parties involved. It can also become complicated when the driver of the car claims he or she didn’t see the motorcycle and thus couldn’t avoid the accident. It is possible to determine in court who is really at fault in the accident and whether the driver’s claims are accurate.

A car-versus-motorcycle accident is a classic type of personal injury scenario. The court and your lawyers have to determine not only who was at fault, but whether there was negligence involved or if the accident really was unavoidable and that no one was at fault. It diverges from the classic case in that vehicle size and speed — not to mention behavior — plays a much greater role in fault.

For example, if you, as the motorcyclist, were weaving in and out of lanes and trying to “split” lanes (lane splitting is a maneuver in which the motorcycle travels between cars in two lanes, instead of behind a car in one lane), it’s very possible the car driver didn’t see you when they tried to move over a lane. You and your lawyer would have to prove that they did see you and that they were not driving recklessly themselves.

However, if you, as the motorcyclist, were in one spot in one lane and were sideswiped by a car moving over, it might be easier to prove that the car driver did see you as you hadn’t made any unexpected moves and were not hidden behind other cars. Visibility is crucial in a motorcycle-accident case; if the driver can prove you were not really visible, you could lose your case.

If you were hit by a car, and now the driver claims he didn’t see you, call Eisenberg Law Offices at 608-256-8356. This is a complicated case, and you need excellent legal representation who can help you get the compensation you need.

This post was originally published at https://www.eisenberglaw.org/hurt-in-a-motorcycle-accident-and-they-claim-they-never-saw-you/.

Rights of the Innocent Under Police Questioning

 

Use caution, and talk to an attorney, before talking to the police

Most of us want to be helpful when we can. When the police ask questions, you may feel even more pressure to answer and show your innocence. Before you respond, though, take a step back. You have constitutional rights designed to protect you. Calling an attorney can keep you from getting into trouble that you don’t deserve.

Innocence Isn’t Enough

When you are innocent, you may think you have nothing to worry about. Unfortunately, that isn’t true. You know you are innocent, but the police might not. They may ask questions designed to trap you, or they might read more into what you say than you intend. Being innocent helps, of course, but that is not a reason not to prepare. The police have an agenda when they question you, so you need to understand that before you talk.

The Fifth Amendment

This is a big part of why we have the Fifth Amendment. This gives you the right to remain silent and the right to an attorney before you answer any questions. You may think of these as rights that protect criminals, but it actually works for everyone’s protection. If the police want to ask you questions, you shouldn’t assume it will all work out. Protect your rights and make sure you have the help you need.

Get Prepared

This help isn’t going to come from another police officer, your friends, or the guilty party. The police are good at what they do, and can use information they receive to fit the picture they believe they see. It would be foolish to believe you know the game better than they do. An experienced attorney can help protect you and make your case for you under police pressure.

It may seem like refusing to answer questions makes you look guilty. The truth is that you face more risks for what you say than for what you do not. Before you answer any police questions, contact Eisenberg Law Offices online at https://www.eisenberglaw.org/contact-us/, or at (608)256-8356. We will help you protect your rights and your good name.

This post was originally published at https://www.eisenberglaw.org/rights-of-the-innocent-under-police-questioning/.

When and How to Seek a Plea Bargain in Wisconsin

 

Know what a plea bargain does and the benefits to you before accepting a plea bargain in Wisconsin

An arrest always creates anxiety. You have to face the police, and you may go to jail. Unlike in a civil lawsuit, you also deal with a system that works quickly, moving from arrest to arraignment to trial before you really know what is happening. As it happens, you may be offered a plea bargain. This often represents a break from the punishment that might otherwise await. Before you accept, though, you should make sure you understand what it all means.

What a Plea Bargain Does

Prosecutors use plea bargains to dispose quickly of cases on their docket. It saves the court’s resources by settling a criminal matter before it reaches trial, and represents a “win” for their office. As part of the bargain, you agree to a punishment that usually requires less time in jail, lesser charges, and/or lower fines, than the prosecutor would seek if you go to trial. 

Benefits for You

The most obvious benefit you can receive from a plea bargain is a lighter punishment than you might receive at the end of a trial. If you know you are guilty, this saves you the strain and embarrassment of trial. Beyond this, a plea bargain gives you some certainty that you might otherwise lack. If you know what to expect from your sentencing, it can reduce anxiety and move you forward with the rest of your life.

Potential Downside

There is some risk to accepting a plea agreement. One is that, if you agree to plead guilty, it can stay on your record just as a conviction after trial would. That criminal record sticks with you for the rest of your life. Further, your judge will examine the agreement, but is not bound to honor it. If he or she believes the agreed upon sentence is unfair, you may not gain anything in exchange for your plea.

Negotiating a plea agreement requires a steady, experienced legal hand. If you have been arrested, don’t trust just anyone to manage the process. Contact Eisenberg Law Offices online at https://www.eisenberglaw.org/contact-us/, or at (608)256-8356 to get experienced criminal defense.

This post was originally published at https://www.eisenberglaw.org/when-and-how-to-seek-a-plea-bargain-in-wisconsin/.

Can You Get Compensation for a Car Accident as a Passenger?

 

Passengers in a car accident are entitled to recover damages too!

Most of what you read and hear about recovering damages in a car accident comes down to the drivers involved. This is important, but if you are injured as a passenger, you have a right to recover too. It can be complicated to figure out how to pursue a claim. Working with the right accident attorney can help you get the recovery you need and deserve.

Who Caused the Accident?

An immediate question you will need to answer is who is at fault. Because Wisconsin is a fault-based insurance state, the driver who caused the accident will bear the most financial responsibility for damages, including the cost of any injuries you sustain as a passenger. Using the police report prepared for the accident can help you determine who is most at fault, and provide a good starting point for recovery.

When Insurance Isn’t Enough

Depending on the extent of your injuries, you may not have enough coverage available through insurance policy limits to cover the full cost of your injuries: medical costs, lost income, and a variety of other losses you suffer after the accident. In these situations, you may need to pursue a claim through an uninsured/underinsured coverage claim. Your recovery can get expensive quickly, so your car accident attorney can help you find the best route to a full recovery from your injuries.

Why You Need a Personal Injury Lawyer

The insurance companies want you to believe this is about picking up the phone, filing a claim, and finding out what they say they owe you. Insurers have an incentive to pay out as little in claims as they believe they can get away with paying. This is where your personal injury lawyer is essential. He or she knows the games and tricks insurance companies play. Instead of trusting people trying just to save money, work with an attorney who is there to represent your interests first.

Getting hurt as a vehicle passenger can be frustrating. Take control of your recovery by contacting Eisenberg Law Offices online at https://www.eisenberglaw.org/contact-us/, or at (608)256-8356.

This post was originally published at https://www.eisenberglaw.org/can-you-get-compensation-for-a-car-accident-as-a-passenger/.

Do You Have a Personal Injury Case?

 

Consider these factors to determine if you have a personal injury case in Wisconsin

When you suffer an injury, one question you should ask is whether you have grounds for a lawsuit. This depends on a number of factors. Ultimately, you should consult a personal injury attorney to talk through what happened to you. He or she can help you apply the law to your situation. If the following applies to you, you may have a strong personal injury case you can bring.

Was Someone Else Negligent?

For you to bring a successful personal injury case, you first have to show that someone else did something wrong. In legal terms, negligence means that a person has a duty to exercise reasonable care, and failed to fulfill it. This can be as simple as the duty to drive a vehicle properly or maintain safe conditions on a property. If that person didn’t do what he or she should have done under the circumstances, then that person is negligent.

Did They Cause Your Injuries?

Negligence represents a key part of the puzzle. Still, it isn’t enough by itself; that negligence has to be the reason you were injured. If another driver runs a red light, that is a negligent act, but unless you are injured, you don’t yet have a case against that person. Your right to sue another person depends on whether that person caused damages you suffer; a wrong act that didn’t hurt you is not enough. Your attorney will help you work through the facts and identify the right person and the strength of your claim.

Do You Have Monetary Damages?

Finally, even if you were injured, you need some monetary damages to win. A personal injury case isn’t punishment for wrongful behavior; it is a way to regain the losses you sustain because of your injuries. This includes medical costs, lost wages, property damage, loss of enjoyment, and other losses you suffer as a result of your injuries.

Not every injury creates a lawsuit, but many do. If someone has caused you monetary losses through his or her negligence, contact Eisenberg Law Offices online at https://www.eisenberglaw.org/contact-us/, or at (608)256-8356.

This post was originally published at https://www.eisenberglaw.org/do-you-have-a-personal-injury-case/.

Criminal Defense Attorney Strategies | Social Media Defense

 

Why Your Criminal Defense Attorney Should Pay Attention To Social Media

Social media has changed the way we communicate, stay in touch, and share information. This is true whether you’re in Madison, WI, or Miami, FL, or halfway around the world. Platforms like Facebook and Twitter have become influential news sources, and apps like Snapchat and Instagram broadcast the visuals of millions of lives every day. Not only has the general public embraced these platforms as a source of information, but as any criminal defense attorney will tell you, law enforcement agencies are using the tools to obtain information for their investigations too. If your attorney isn’t taking social media seriously as a resource, it could put your case at risk.

Social Media Can Be Used As Evidence

The criminal defense attorneys at our Madison, WI law office, have noticed a significant uptick in the use of social media posts as evidence in criminal investigations. Not only do investigators scour social media accounts for evidence of criminal activity, but they also use the platforms to elicit help from the general public, such as by asking for witnesses to come forward or sharing information about recent crime sprees in the area. Evidence collected via social media, mainly photographic or video evidence, can be used in criminal cases and is becoming more and more common. Your defense attorney should be made aware of any and all social media content surrounding your background and your case so they can be prepared to defend against it.

“Trial By Social Media” Is a Burgeoning Problem

While social media has helped investigators obtain evidence they would not necessarily otherwise have had access to, it comes with a drawback in the form of “trial by social media.” Videos and photographs are posted so quickly and shared so widely that public opinion can be swayed, and public outcry can hinder both law enforcement and the criminal defense attorney who is assigned to represent the alleged perpetrator of the crime.

Sometimes this outcry and public awareness of the incident is so extreme that it actually hinders the defendant’s right to receive a fair trial. The legal concept of “innocent until proven guilty” can feel as if it has been tossed out the window with the defendant being condemned as guilty in the court of public opinion long before he or she has an opportunity to share their side of the story. The effects of these social media frenzies can be devastating for defendants and make it more difficult to find unbiased jurors.

Given the rising use of social media in criminal cases, it is vital to have a criminal defense attorney representing you who understands the importance these platforms play in both case development and public opinion.

The Madison, WI Criminal Defense Attorneys At Eisenberg Law Will Fight For Your Rights

The criminal defense attorneys at Eisenberg Law Offices in Madison, WI are tireless in their fight to ensure our clients’ rights are protected, that they receive a fair trial and that their side of the story is shared. If you have been charged with a crime, contact our Madison, WI law office to arrange a free consultation with a defense attorney. We promise to treat you fairly, represent you to the best of our ability, and not be swayed by the “court of social media.”

Arrange your free consultation by calling 608-256-8356 or emailing Info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/criminal-defense-attorney-strategies-social-media-defense/.

Reckless Driving And Truck Accidents In Wisconsin

 

When Reckless Driving Results in Truck Accidents

Truck accidents are devastating, particularly to passengers and drivers of automobiles that were involved in the accident. Even truck drivers who are obeying the Wisconsin rules of the road and driving responsibly can be involved in truck accidents through no fault of their own. Unfortunately, the severity of the accident is typically unaffected by the trucker’s good driving habits; the sheer size and weight of an 18-wheeler or a fully loaded commercial truck is enough to cause severe injury and property damage to smaller passenger cars.

When a truck driver is also behaving recklessly, the risks intensify, and the chances of becoming involved in an accident increase. In some cases, reckless and aggressive driving escalates beyond a traffic violation to become a criminal charge.

Examples of Reckless Or Aggressive Truck Driving Behavior

When automobile drivers or truck drivers operate vehicles in a manner that could cause harm to others on the road, it is considered to be reckless or aggressive driving. Examples of reckless and aggressive driving include:

• Speeding
• Tailgating
• Aggressive Passing
• Failure to Yield the Right of Way
• Weaving In and Out of Traffic
• Cutting Other Drivers Off
• Ignoring Road Signs and Signals

Ideally, you will be able to maneuver away from the aggressive driver and remain safe, but sometimes that is not possible, and an accident occurs. When that happens, you may be able to take legal action.

Taking Legal Action After Truck Accidents in Wisconsin

Truck accidents are treated very similarly to car accidents in Wisconsin. You will work with your auto insurance company to secure coverage for any damage to your vehicle and possibly any injuries you or your passengers sustained.

The only way to know for certain if you have grounds to file a lawsuit is to speak with a Wisconsin truck accident attorney. The truck accident lawyers at Eisenberg Law Offices in Madison, WI can help you pursue all of your legal options and protect your rights by handling all insurance matters and representing you if you move forward with a lawsuit. Having a qualified attorney on your side will make the insurance process go smoother and will ensure you receive all compensation to which you are entitled, such as medical costs, lost wages, and pain and suffering.

Contact the truck accident attorneys at Eisenberg Law Offices to receive a free case consultation by calling 608-256-8356 or emailing Info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/reckless-driving-and-truck-accidents-in-wisconsin/.

Wisconsin Diversion Program | Deferred Prosecution Agreement

 

A Deferred Prosecution Agreement Can Help You Avoid Jail

A conviction on drug charges in Wisconsin will usually lead to jail time and expensive fines, but the even more damaging result of such convictions is the fact that you'll now have a criminal record. A criminal record will show up in any future background checks and could make it difficult for you to find housing, get a job, enter college, or even see your children. If you are facing drug charges and a conviction looks likely, but you are a non-violent or first-time offender, the prosecution may offer you an alternative to jail.

There are two programs that Wisconsin counties use to help non-violent drug offenders avoid criminal convictions: diversion programs and a deferred prosecution agreement. Both programs aim to help offenders obtain treatment for their addiction to prevent future relapses and reduce the time and money spent by the county on prosecuting and incarcerating the offender. Although a diversion program and a deferred prosecution agreement may have similar goals, they go about meeting those goals in different ways.

Diversion Programs

These programs are specific to the individual and are monitored by third-party agencies. For 6 months to 2 years, the offender will have to agree to several conditions which may include: random drug testing, adhering to a specified treatment plan, going to therapy, community service work, and paying restitution.

Upon completion of the program, the offender will not be criminally charged or existing charges will be dismissed. Eligible offenders are typically first-time offenders and those with a clean record. Diversion programs are most often used for minor or low-level drug crimes such as possession, but can also be available for non-violent felonies.

Deferred Prosecution Agreements

A deferred prosecution agreement is slightly different. Offenders enter into an agreement with the court, which sets out specific conditions that must be met. If those conditions are met within the agreed upon 6 month to 2 years timeframe, the charges will be dismissed. Conditions are usually very similar to those required of the diversion programs.

Eligible offenders have limited criminal records, plead guilty to the charges, and are willing to meet the terms of the agreement.

The difference between these programs and diversion programs is that prosecution for the crime is "deferred" to a future date. Offenders will be charged with a crime at the beginning of a deferred prosecution agreement, but the prosecution does not move forward with those charges at that time. Instead, the offender is given 6 months to 2 years to "clean up their act", so to speak. If they do and meet all of the criteria set forth by the agreement, the prosecution will then decide whether to reduce or drop the charges based on the offender's actions and performance under the agreement.

Contact Eisenberg Law Offices For Help Fighting Drug Charges

If you are facing drug charges in Wisconsin, do not give up hope and do not try to fight the charges by yourself. Contact a criminal defense attorney from Eisenberg Law Offices for help. We can advocate on your behalf to reduce charges or alternatives to jail, such as a diversion program or deferred prosecution agreement.

Schedule a free case consultation by calling 608-256-8356 or emailing Info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/deferred-prosecution-agreement-wisconsin-diversion-program/.

Shopping Mall Negligence For A Slip and Fall Injury

 

When Can a Shopping Mall Slip and Fall Injury Result in Compensation?

A slip and fall injury can happen to anyone at any time. They can happen at home, at work or school, or in public places like a shopping mall. When a slip and fall injury occurs at a public place like a shopping center or store, it may be possible for the injured person to file a personal injury lawsuit to receive compensation for their injury, but certain conditions must be met for a lawsuit to proceed.

Common Reasons For Slip and Fall Accidents

Slips and falls are very common, and the fact is that most of them never result in an injury. We slip, catch ourselves, and move on with our lives or we have a small tumble, get up, and move along. When a slip and fall injury occurs in a mall, there are typically one or more factors influencing the incident and its outcome.

• The floor was covered in liquid.
• There was food or debris on the floor or pathway.
• The floor was still wet from being cleaned.
• The floor was slick from the shiner or degreaser.
• Wet or snowy weather conditions led to a slippery floor.

Slips and falls can happen outside the mall too, in the parking lot or exterior walkways. Those incidents may be caused by:

• Broken pavement or potholes.
• Debris or trash in the walkway.
• Weather conditions.
• Puddles
• Broken sidewalks, pavers, or tiles.

Is the Shopping Mall Liable For Your Injury?

Many people believe that if they slipped and fell at a public location like a shopping mall, the shopping center would be liable for any injuries they sustained, but this is not the case. In order to be held financially responsible for the incident, the shopping center (or their management representative) must have been negligent in their duty to provide a safe walking surface. The court generally uses the following criteria to determine if the shopping mall was negligent:

1. Mall management was aware of a potential hazard (i.e. spilled liquids, broken pathways, debris, etc.)
2. Management ignored the hazardous conditions.
3. This inaction resulted in your slip and fall.
4. You suffered an injury as a result of the fall.

The reasoning is that if management had not ignored the hazard, you would not have fallen or been injured, therefore, they should be held responsible for any injuries sustained. It's important to note that you must have suffered an actual injury to prove that harm occurred to you. Without an injury, the case is unlikely to proceed.

Depending on where the accident happened, individual stores in the mall may be liable for the slip and fall injury and not the shopping mall itself. If the accident happened in a specific store, that store will usually be held responsible since they are responsible for the care and upkeep of their location.

Did Your Slip and Fall Injury Result From Negligence?

A personal injury lawsuit can help injured parties obtain compensation from the person or business who was negligent. An Eisenberg Law Offices personal injury lawyer can help you obtain compensation to cover medical bills, future care or treatments, lost wages, pain, and suffering, and more. Our team has handled a wide variety of public premises slip and fall cases, including those that have occurred in a shopping mall.

To determine if you have a slip and fall case, schedule a free consultation with an Eisenberg Law personal injury attorney by calling 608-256-8356 or emailing Info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/shopping-mall-negligence-for-a-slip-and-fall-injury/.

How Can You Stop Someone From Charging You With Embezzlement?

 

You would think that doing your job and being as honest as possible about any transactions you make would protect you from accusations of embezzlement. However, if your employer has discovered that money is missing and may have been embezzled, then the company is going to do whatever it can to investigate — and that means treating you as a suspect if there appears to be any connection between you and the money. Your treatment during these investigations could be the key to getting those accusations dismissed and avoiding a charge.

Bullying and Making Life Miserable for You

First, you are innocent until proven guilty, and your employer and the investigators can’t make your life miserable (at work or outside of it) while they look for evidence. Start keeping records of your treatment because if you can show that your employer made snide remarks to you or kept threatening you unless you “confessed” — those are just examples — that could open the employer up to charges of harassment. Plus, if they can’t find evidence but still try to fire you or falsely accuse you of embezzlement to other prospective employers, you could have a defamation case against the company.

Technicalities and Violations of Audio-Visual Recording

States have specific laws governing the use of video and audio recording, and these two types of recording are often separate in terms of legality. For example, your boss can record video of the office, such as for security reasons, if he or she makes it clear you’re being recorded. However, many states do not allow audio recording unless both parties give permission, meaning you have to agree to be recorded. In general, Wisconsin is a one-party state, but companies can have stated policies that forbid one-party-consent recording. That policy could protect you, too, if you find your employer has recorded you without your consent.

If you’re being investigated for embezzlement, contact Eisenberg Law Offices at 608-256-8356 as soon as possible. This is a situation you have to monitor carefully, and you’ll need legal help.

This post was originally published at https://www.eisenberglaw.org/how-can-you-stop-someone-from-charging-you-with-embezzlement/

Filing Lawsuits Over Jet Ski and Personal Watercraft Accidents

 

Jet skis and other personal watercraft are a lot of fun to use, but it’s easy to get carried away or to stop paying attention while using them. If you’ve been enjoying a fun day at the lake only to be injured when someone slams their jet ski or other watercraft into your boat, you could have grounds for a personal injury lawsuit. It would depend on what the person who caused the accident was doing or not doing at the time — in other words, you’d need to be able to prove negligence.

Determining if the Accident Was Really an Accident

As the saying goes, accidents happen, and the accident you were in could have truly been an accident that the watercraft user couldn’t have prevented. This is really why personal injury lawsuits can go on for so long; the parties involved are trying to find evidence to support their side, and that’s not always easy. You need to prove that the at-fault party was negligent.

Finding the Party Who’s Actually at Fault

One more thing to consider is who is really at fault. Maybe the operator did everything he or she could to use the craft safely, but the manufacturer knew there was a defect in the watercraft and didn’t issue a recall, in which case the manufacturer is at fault; or, maybe the manufacturer did, and the operator truly didn’t know there was a recall out, in which case it may be a true accident. It’s also possible the operator knew there was a recall but didn’t pay attention to it.

If you’ve been injured, contact Eisenberg Law Offices at 608-256-8356. You’ll need legal assistance in gathering evidence that the person who operated the watercraft that injured you was negligent or did not take steps to keep others safe. 

This post was originally published at https://www.eisenberglaw.org/filing-lawsuits-over-jet-ski-and-personal-watercraft-accidents/

The Difference Between Burglary and Theft

 

When you think of burglary, you likely conjure images of jewelry thieves cutting into glass cases at night. While burglary is often related to theft, it doesn’t have to be. It refers instead to unlawfully entering property with the intent to commit a felony or to steal. Knowing the difference can help you not only understand the charges brought against you, but help you defend against those charges too. 

Unlawful Entry

Unlawful entry is not the same thing as breaking and entering. If a building is unoccupied but open, the law still considers going into it an unlawful entry. Similarly, if you go onto someone’s property without being invited, that satisfies the unlawful entry part of the definition of burglary. Even if you walk through a open door when no one is home, if the owner didn’t invite you, you have unlawfully entered the premises.

Intent to Commit another Crime

Burglary does require another step, but you don’t just have to steal anything to be found guilty. All it requires is that you intend to commit a felony. So long as you enter uninvited with the intent to commit a felony, you can be found guilty of burglary.

Defending Burglary Charges

Being arrested and charged with burglary does not always mean you are guilty, or will be found guilty. If you were asked to check on your neighbor’s house, you are not unlawfully entering. Similarly, if you can show your intent had nothing to do with committing a felony, you are not guilty of burglary.

Defending yourself against burglary charges is not simple, and you don’t want to go it alone. You need an experienced criminal defense attorney who understands not only the law, but how to establish your defense in court. If you have been charged with burglary, contact Eisenberg Law Offices online at https://www.eisenberglaw.org/contact-us/, or at (608)256-8356. We will give you the defense you deserve.

This post was originally published at https://www.eisenberglaw.org/the-difference-between-burglary-and-theft/

What Are the Penalties for OWI in Wisconsin?

 

Contact an OWI attorney to discuss your OWI charges

If you are convicted of an OWI offense in Wisconsin, the cost can be steep. You face fines, suspension of your driver’s license, and even jail time. The penalties increase for each offense. As soon as possible after your arrest, contact an attorney to protect your rights and your defense.

First Offense

The first offense is not a crime, but even your first offense will cost you money if you are convicted. The fine due ranges from $150-$300, plus surcharges and fees. You may have your driver’s license suspended for up to nine months. Your automobile insurance premiums will also increase.

Second Offense

The first offense may feel steep, but your second OWI conviction brings something more: up to six months in jail. In addition, the fines increase to between $350 and $1,100 dollars, and you will lose your license for at least 12 months.

Third Offense

For your third offense, you will be fined between $600 and $2,000. Beyond this, you will go to jail for between 45 days and 1 year.

Fourth Offense

By the time you reach a fourth conviction for OWI, even if the offenses are up to 15 years apart, you are guilty of a Class H felony. Your fine will be between $600 and $10,000, and you will go to jail for at least 60 days, and up to 6 years in prison. You will lose your driving privileges forever.

Later Offenses

Beyond your fourth offense, an OWI conviction is a Class G felony. You can be fined up to $25,000, with a sentence from six months in jail to ten years in prison. The seventh offense requires a mandatory three-year prison sentence. You will lose your driver’s license forever.

OWI convictions take away your money and your freedom, and impact the rest of your life. If you have been arrested, even for a first offense, you need to take it seriously and work with an experienced lawyer. Contact Eisenberg Law Offices online at https://www.eisenberglaw.org/contact-us/ , or at (608)256-8356. We will give you the defense you deserve.

This post was originally published at https://www.eisenberglaw.org/what-are-the-penalties-for-owi-in-wisconsin