Direct and Circumstantial Evidence in Criminal Cases

 

Evidence can make or break a criminal case, and anyone facing a criminal trial needs to know how different types of evidence could affect the outcome – and how that evidence needs to be collected and presented. Two main types of evidence are admissible in court: direct and circumstantial. If the evidence is not presented well and doesn’t meet standards that would show it’s reliable, that can take the court case in unexpected directions.

Direct evidence shows that someone really did do (or didn’t do) something. A security video of a break-in at a store, for example, that gets a good shot of the offender’s face, would be direct evidence. This type of evidence can be derailed by technicalities; for example, a recording of a person admitting they committed a crime that was taken in a two-party state without the suspect’s knowledge (and without law-enforcement warrants that might allow recording without that person’s knowledge) could be deemed inadmissible because it violated state law.

Circumstantial evidence is that which shows a likely connection but doesn’t definitively prove the suspect is guilty or not guilty. Security video showing the suspect in the vicinity of a crime scene, but not actually committing the crime or doing anything that could reasonably be called suspicious, is circumstantial. It establishes that the suspect was in the area, but it doesn’t actually prove that the suspect committed the crime.

If you’re facing criminal charges and insist that you did not commit the crime, you need to know how to fight evidence that makes you look guilty. You also need to know how to present evidence that could prove you were not guilty, and you need to know how to do that legally so that your evidence doesn’t get thrown out on a technicality.

The attorneys at Eisenberg Law Offices can help you. Contact them at (608) 256-8356 and arrange to speak to them to see how your case needs to be handled.

This post was originally published at https://www.eisenberglaw.org/direct-and-circumstantial-evidence-in-criminal-cases/

How Negligence Affects Motorcycle Personal Injury Cases

 

Understanding negligence in a motor cycle accident is critical to collecting damages

Negligence on the part of both parties can affect a personal injury case. This is especially important to remember when dealing with a motorcycle accident as the consequences of that negligence can be more severe; if the person who was hit was also partly at fault, that can reduce the award the person is entitled to. Being partly negligent does not mean you should never file a claim, but it does mean you and your attorney need to have a talk about the case and look for the best way to get through the trial. You still deserve compensation if you were the victim.

Negligence occurs when someone doesn’t do their duty to keep themselves and the people around them as safe as possible. This doesn’t mean that the person has to become a helicopter-parent figure to everyone, but rather that they take common-sense steps to reduce risks, such as putting “wet floor” signs up when they’ve cleaned the floor in a market, or warning people about the broken sidewalk and raised tree roots by the person’s home. For motorcycle riders, this would mean drivers looking before changing lanes and following traffic rules, and the riders themselves obeying speed limits, not lane-splitting where it’s prohibited, wearing a helmet and other protective gear, and so on.

If a car hits a motorcycle due to the car driver’s negligence, then the motorcycle rider and passengers can initiate a personal injury lawsuit against the driver. However, if the motorcycle rider was also negligent – say, the rider was speeding and lane-splitting where prohibited – the judge in the case can reduce the award to the rider on the grounds that the rider also contributed to the severity of the accident. This reduction could result in a reduction of non-economic damages such as pain and suffering, as well as economic damages such as missed work time and medical bills. To ensure you get the most appropriate award if you’ve been in a motorcycle accident, contact Eisenberg Law Offices at (608) 256-8356. Speak with our attorneys about your case before proceeding.

This post was originally published at https://www.eisenberglaw.org/how-negligence-affects-motorcycle-personal-injury-cases

Differences Between Federal and State Crimes

 

Know the difference between state and federal crimes, and whether your attorney is qualified to represent you

In Wisconsin, and everywhere in the United States, being charged with a crime can lead to a trial in either federal or state court. The differences include the laws under which you are charged, the rules of the courtroom hearing the case, and the kind of prosecution team you face. Having an attorney ready to guide you through the process ahead is critical to your ability to defend yourself.

Two Legal Systems

A majority of crimes fall at the state level. Wisconsin’s legislature writes the laws, and state judges preside over cases for those crimes. This includes most crimes of a more specifically local nature:

• Assault
• Homicide
• Sexual assault
• Robbery

Federal crimes include a narrower set that usually occur across state lines or online:

• Drug trafficking
• Immigration violations
• Tax fraud
• Kidnapping across state lines

Sometimes a crime may blur the lines between the two, so you need to make sure you understand both what the charges are and where you need to go. Each court system comes with its own courtroom rules and processes that you have to follow, so unfamiliarity with what you have to do can create hurdles for your defense.

Prosecution Resources

The resources available in the system differ between state and federal legal systems as well. Federal crimes are tried by U.S. Attorney offices, which bring a vast array of experience, staffing strength, and financial resources. State and local prosecutors handle state crimes, and while they do not have the same resources, they bring a tremendous advantage in their local standing and knowledge of the courts and judges who will hear cases. Regardless of the system charging you, you need to be ready for a powerful legal opponent.

Criminal charges, whether state or federal, can put your family, livelihood, or life at stake. Don’t trust just anyone to help with your legal defense. If you are facing federal or state prosecution, contact Eisenberg Law Offices online or at (608)256-8356. We will put our experience in criminal defense to work for you.

This post was originally published at https://www.eisenberglaw.org/differences-between-federal-and-state-crimes

Always Seek Legal Help After an OWI

 

If you’ve been arrested for an OWI in Wiscosin, seek legal help immediately

An OWI often feels like a settled issue from the moment you get your ticket. Before you just accept your fate, you should know what you face. The penalties for an OWI are steep. If you work with an experienced OWI attorney, you have the chance to reduce or sometimes even eliminate those penalties. Before you give in, consult an attorney for help with your case.

Consequences of Conviction

An OWI conviction hits hard. You face fines and points on your license at a minimum. In some cases, especially with multiple OWI convictions, you may have your license suspended or revoked, and face jail time as well. With all of this, the impact on your family, your job, and your future employment prospects becomes hard to overstate. You should seek legal help before you accept these consequences.

Opportunities to Dismiss

Fortunately, being charged does not have to be the end of the story. An experienced attorney can work through the circumstances of your charge in ways you probably cannot. If the officer did not have sufficient evidence to pull you over or obtained evidence illegally, the charge can be dismissed. If you have a health condition that might have affected your test results, you may be able to demonstrate that the readings are not enough to convict you. You cannot assume that the officer on duty did everything correctly; an attorney can give you the opportunity to avoid the penalties an OWI would otherwise bring.

Defenses Available

No one can promise that you will not be convicted of an OWI offense. If you don’t try to fight it, you will never win. If you have been charged with an OWI in Wisconsin, contact Eisenberg Law Offices, online or at (608)256-8356. Our attorneys will look at your case in detail, and give you the legal defense you deserve.

This post was originally published at https://www.eisenberglaw.org/always-seek-legal-help-after-an-owi/

 

Using Social Media After a Car Accident

 

Use social media with caution after a car accident

Social media activity is a part of everyday life. If something significant happens to you, you might be tempted to immediately post about it: your thoughts, emotions, and any pictures you have. When that something is a car accident, you need to be cautious. Anything you post can become evidence an insurer uses to deny or defend against your claim. Keep your posting to a minimum to protect your recovery.

Direct Evidence Against You

The most obvious issues come if you post information that works against your injury claims. Pictures of you out golfing when you have a back injury, or other material that undermines your claim, can stop you from recovering damages. Similarly, anything you write that suggests you are trying to trick the court or insurer into giving you money will create problems for you. You may be joking, but it will not read that way if you are in court.

Inflammatory Posts

You may use social media to vent frustrations or anger after an accident. This may feel like it can’t hurt you, but an insurer or defense lawyer can easily use these to try to argue bias. If you write something that makes you look like you are seeking revenge rather than just the recovery you deserve, that could work against you too. Don’t post anything that gives the other side a way to damage your claim.

There Is No Private

It doesn’t matter whether you have social media accounts set to private. If you post anything about the accident, you will have to turn it over before you get to a trial. Further, investigators often find ways to reach material that you think is private. If you post to social media, you should assume you are posting for the whole world to see.

Social media accounts can be fun and therapeutic. When it comes to preparing an injury claim, you just need to avoid posting about your accident. If you’ve been injured and need representation, contact Eisenberg Law Offices today, online or at (608)256-8356.

This post was originally published at https://www.eisenberglaw.org/using-social-media-after-a-car-accident/

Recovering for Broken Bones in Truck Accidents

 

Suffering broken bones in a truck accident can have long term impact

When you get into a truck accident, injuries happen. Even if it isn’t a catastrophic injury, you may suffer broken bones that impact your life for long after the accident. You might consider it fortunate to just suffer broken bones, but these are serious too. If you’ve been in a truck accident and broken a bone, you should seek medical and legal help afterward.

Broken Bones Are Serious Injuries

Some truck accidents leave far worse injuries. A semi truck that hits another vehicle, especially at highway speeds, can be deadly. Suffering a totaled vehicle and permanent injuries is not unusual. Even if you feel lucky to only break a bone, this is a significant injury. It requires time to heal and recover, sometimes expensive medical treatment, and adjustments to your lifestyle in the meantime.

Broken bones also cover a large span of injuries. A hairline fracture may be difficult to even see in an x-ray, and require a relatively short recovery period. A shattered arm or leg has a significantly greater impact, one from which you may never fully recover. Any of these injuries will affect your life, and if the truck driver is at fault, you have a right to recover damages.

Damages Available

Most of the time, the truck driver’s or trucking company’s insurer will contact you quickly to offer a settlement. This may be tempting, as you want to move on quickly from the accident. Before you accept, though, you should meet with your doctor and with an experienced accident attorney. The insurer will want to pay as little as possible, and may leave out some categories of damages:

• Follow-up medical bills
• Replacement transportation
• Pain and suffering
• Loss of enjoyment of life
• Physical therapy

A single settlement payment may only begin to cover some of these costs and keep you from the recovery you are entitled to receive. If you have been in a truck accident, contact Eisenberg Law office online or at (608)256-8356 to get the help you deserve.

This post was originally published at https://www.eisenberglaw.org/recovering-for-broken-bones-in-truck-accidents/

Drug Conviction Impact On Student Aid In Wisconsin

 

A Drug Conviction Will Make An Impact On Student Aid

Government-backed financial aid is a must for many college students in Wisconsin. Student aid can help cover the cost of tuition, books and fees, and other expenses, but obtaining that aid means meeting certain eligibility requirements. The Free Application for Federal Student Aid (FAFSA) requires applicants to answer questions about any past drug convictions, the answers to which can have an impact on student aid received and when it is received.

Drug Convictions Can Make You Ineligible For Student Aid

Certain drug convictions will make an impact on student aid, rendering you temporarily ineligible for government-backed funds. You may even lose any aid you have already been approved for or received if you are convicted of a drug offense. If you receive aid after failing to report a conviction, you might have to repay the government any aid you have received.

Reinstatement Is Possible

It is possible to receive reinstatement of your funds if they have been suspended due to drugs. In order to have your funds reinstated, you will need to:

• Participate in and complete an approved drug rehab program and/or
• Pass two random, unannounced drug tests at an approved drug rehabilitation program.

You are responsible for pursuing reinstatement of your funds as the government does not monitor these suspensions for reinstatement eligibility. You will need to communicate with your school financial aid office when you regain your eligibility and complete any required paperwork.

Convictions Can Affect Other Sources Of Funding

If you have scholarships, grants, or other sources of funding from an outside organization, a conviction may affect your eligibility to receive those funds as well. Check with the fund administrators to see if there are repercussions for a drug conviction.

Don’t Risk Your Education Over A Drug Offense

Conviction on drug charges is harsh enough, don’t risk losing your education funding as well. If you are facing drug charges in Wisconsin, contact the Madison law firm of Eisenberg Law Offices for advice and representation. We can help you fight drug charges for a possible reduce sentence and perhaps save your educational aid.

Arrange a free case consultation by calling our firm at 608-256-8356 or emailing info@eisenberglaw.org

This post was originally published at https://www.eisenberglaw.org/drug-conviction-impact-on-student-aid-in-wisconsin/

Teen Driving Safety Tips | Eisenberg Law Offices

 

8 Teen Driving Safety Tips

Car accidents are the leading cause of death for teenage drivers. Their inexperience and lack of  confidence can combine for deadly results. Review these teen driving safety tips with your new driver to help keep them aware and safe on the road.

Teen Driving Safety Tips

1. Keep Instructing Teens Even After They Have Their License. The first year of teen driving carries the highest risk of accidents. Be sure your teen has at least 30-50 hours of driving practice before getting their license and plan to drive with them in all kinds of weather conditions, at different times of day, and on different types of roads. Keep reinforcing the habit of scanning for hazards and other vehicles until it is second nature for your teen driver.
2. Limit Teenage Passengers. Driving with friends is one of the best parts of being a teen driver, but it is also incredibly distracting. Accident risk increases exponentially when other teens are in the car. In Wisconsin, drivers under 18 are restricted to driving with only one non-family member passenger for at least the first 9 months after getting their driver’s license. This restriction can be extended if the teen is involved in an accident.
3. Limit Nighttime Driving. Wisconsin restricts drivers under 18 from driving between midnight and 5 a.m. for the first nine months after licensure. The only exception is if they are traveling between home and school or work. Parents can help their teens become more comfortable with nighttime driving by continuing to practice with them.
4. Require Teens to Use Seat Belts. Seat belts reduce the likelihood of death or serious injury in a car accident. Parents should require seat belts every time they practice driving with their teens to get the teenagers into the habit of buckling up and require them to use seat belts once they get their license.
5. Limit Distractions While Driving. Distractions are a primary cause of car accidents across all age groups, but especially teenagers. Do not allow teens to use their phones while driving, eat or play with the radio.
6. Avoid Drowsy Driving. Fatigue is another common cause of teen accidents. Early morning and late night driving are most likely to result in drowsy driving. Limit driving during these hours if possible, and work with your teen to establish a schedule that ensures adequate rest if they will be driving.
7. Discourage Reckless Driving. Make sure your teen knows what reckless driving looks like: speeding, not using turn signals, following too closely, moving in and out of traffic, driving too fast for conditions, etc., and discourage them from taking risky maneuvers behind the wheel.
8. Adopt a Zero Tolerance Policy for Impaired Driving. Do not allow your teenage driver to get behind the wheel if they have been drinking. Even one beer can impair their ability to drive and result in a deadly accident. Adopt a zero-tolerance policy for drinking and driving and model the behavior yourself.

Eisenberg Law Is Here For You And Your Teen Driver

If your teen driver has been in an accident or is facing the loss of their license, contact the car accident attorneys at Eisenberg Law Offices. We represent drivers throughout Wisconsin to ensure their rights are protected and judgements are fair in driving cases.

Call 608-256-8356 or email info@eisenberglaw.org to arrange a free consultation.

This post was originally published at https://www.eisenberglaw.org/teen-driving-safety-tips-eisenberg-law-offices/

Interlock Ignition Devices | Wisconsin OWI Penalties

 

5 Answers To Questions About Ignition Interlock Devices In Wisconsin

Installation of Ignition Interlock Devices (IIDs) is a common penalty for OWI in Wisconsin. IIDs prevent inebriated drivers from getting on the road and potentially causing an accident. Installation is mandatory in some cases.

1. What is an Ignition Interlock Device?

Ignition Interlock Devices are breath monitors that are installed on vehicle dashboards. Drivers who have an IID must breathe into it, like a breathalyzer, to have their BAC level measured before they are able to start their vehicle. If the BAC measures too high, ignition will not occur, and the vehicle will not start. Modern IIDs sometimes require additional breath samples during the drive. This is to help ensure the driver does not begin drinking after the vehicle has been turned on. If the sample is not provided or the BAC level is too high, the violation is recorded, and an alarm sounds until the vehicle is turned off.

2. When is IID installation required?

In 2010, the state passed legislation that specifies when an IID must be installed. This includes:

• If a driver has received a second OWI offense or greater.
• If a driver registers a BAC of .15 or higher on their first offense.
• If a driver refused a breath or blood test during a traffic stop.

If required to have an ignition interlock device installed, it must be installed on all vehicles registered or owned by the offender.

3. How long will the device remain installed?

Wisconsin requires interlock ignition devices to remain in place for at least one year from the time of initial installation. However, each case is different, and your IID will depend on your specific charges and penalties. Click here to learn more about penalties in the state.

Removing, disconnecting, or circumventing the device will result in an automatic 6-month extension, plus additional fines and possible jail time.

4. Can I just wait for the IID order to expire?

No. The IID is part of your sentencing order. You must have the device installed, or you risk being charged with a failure to comply. Even though you may lose your license for some time after sentencing and won't be driving, the IID must be installed in your vehicle(s). You will be required to get an updated driver's license once your suspension concludes. The new license will specify that you have an IID requirement. The time period for which you must have the IID installed begins as soon as the license is issued.

5. Where do I get an IID?

Auto service centers carry and install interlock ignition devices. Check WIDoT for a current list. As the driver, you will be responsible for paying for the device and having it installed. Costs range from $1,200-$1,400 per year per vehicle. Some offenders may qualify for reduced installation and removal charges and daily fees depending on income.

Contact Eisenberg Law Offices To Fight Wisconsin OWI Charges

If you are facing OWI charges, contact the attorneys at Eisenberg Law Offices for representation and advice. We can help you understand the charges against you and advise you of your legal options, represent you in court, and help get your charges reduced or dismissed, so you don't lose your license or have to install an interlock ignition device in your vehicle.

Contact our office at 608-256-8356 or email info@eisenberglaw.org to arrange a free case consultation.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/interlock-ignition-devices-wisconsin-owi-penalties/

Wisconsin Car Accident Claim Denied | Eisenberg Law Offices

 

What To Do if Your Wisconsin Car Accident Claim is Denied

The first step after a car accident is generally to file a claim with the insurance company, but sometimes a claim is denied.. In this post, we will share the six most common reasons an auto accident claim is denied in Wisconsin and how to appeal the decision.

The 6 Most Common Reasons Wisconsin Auto Claims Are Denied

Car accident claims are denied for many reasons in Wisconsin, but denials typically fall into one of the following categories:

1. The accident was avoidable. If the insurance company determines that the accident was avoidable, they may not pay out under the policy. Insurance companies view the following as reason to deny a claim:
   1. Your actions contributed to the accident.
   2. You did not take appropriate action to avoid the accident.
   3. You acted in a manner that rendered your coverage ineffective, such as driving while intoxicated or while distracted.
2. There is disputed liability. An insurance company does not want to pay out on a policy is there is a possibility that their policyholder was not responsible for it. If there isn't enough evidence to establish liability, the insurance company may deny the claim.
3. There isn't enough information, or information is missing. Insurance companies have very strict procedures that they follow to determine claim eligibility. Part of these procedures includes reviewing specific information and accident documentation. If any piece of information that the insurance company has requested is missing or incomplete, it is justification enough to deny the claim. Always review claim procedures carefully and double-check that you have followed the instructions and provided the requested information to support your claim.
4. The accident was influenced by a pre-existing condition. This is a common reason for denying medical coverage under an auto policy. The argument goes that the pre-existing condition is causing you pain and suffering, not the accident injuries. Do not let this argument dissuade you from pursuing a claim. If the injury was aggravated or exacerbated by the accident, it is possible to successfully file a claim with help from an attorney who is experienced in dealing with these matters.
5. The accident was not reported in a timely manner. Accidents must be reported to the insurance company within a certain timeframe. If you miss that deadline, the claim can be denied. Every policy is different, so check your policy soon after the accident to see how long you have to file a claim.
6. Your insurance policy excludes this type of claim. Some policies list specific exclusions. . If the injury you are trying to obtain coverage for is on this list, the claim may be denied. Check the fine print on your policy or talk to your insurance agent to determine what is and is not covered by the policy.

Bad Faith Lawsuits

If the claim is denied and you are unable to obtain more information from the insurance provider, you may be able to pursue a bad-faith lawsuit. Bad faith lawsuits occur when the insurance company does not fulfill its obligations to you as a policyholder. You will need to prove that your claim was mishandled or you were treated unfairly to win this type of lawsuit. Pursuing a bad-faith lawsuit is best handled by a personal injury attorney who specializes in accident or insurance claim lawsuits.

Speak With An Eisenberg Law Attorney For Help With Your Car Accident Claim

Do not let a denied claim prevent you from pursuing compensation for a car accident. If you believe you are eligible for coverage under your policy or think there has been a bad faith decision made by the insurance company, contact the Wisconsin accident attorneys at Eisenberg Law Offices.

We offer free consultations so we can learn about your case and advise you of your options before you commit to anything. Call 608-256-8356 or email info@eisenberglaw.org to arrange your free consultation today.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/wisconsin-car-accident-claim-denied-eisenberg-law-offices/