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/