Be Careful With Takeout Alcohol – Wisconsin Has an Open Container Law

 

Wisconsin has an open container law, and it hasn’t been suspended because of the pandemic. It’s very much in force, and if you’re getting alcohol to go from a bar or restaurant, you have to be very careful not to violate the law accidentally. And unfortunately, that’s easy to do if you’re not used to taking a prepared alcoholic drink away from the place where you’d normally drink it.

The open container law is simple: No open containers of alcohol inside a vehicle on a public roadway. An open container is one that has a broken seal, no lid or other closure, or that has only part of the contents left in it. A beer bottle that you opened but did not drink from is an open container. A bottle that you drank from and then closed up is still an open container in the eyes of the law because it’s now missing part of its original contents.

You’re allowed to carry sealed containers of alcohol in the passenger cab of the vehicle, so taking that alcohol home in your car is legal. However, you can’t open the container in the car when the vehicle is on a public roadway, even if you just want to smell what’s in the container and not actually drink. It doesn’t matter if you’re a passenger; no open containers allowed in that vehicle when it’s on a public roadway. That includes being parked on the side of the road.

If you have an open container and want to take it home, you’ll need to close it and then place it somewhere that isn’t a passenger compartment. The trunk is usually the only part of the car that’s acceptable.

If you’re caught with an open container, you’ll not only be charged with violating that law, but the police may want to test you for intoxication. With an open container in the car, it’s possible you’ve taken a sip of that alcohol while driving.

If you’re being charged with violating open container laws, or are facing DWI charges, contact Eisenberg Law Offices at (608) 256-8356. These are serious charges, and you’ll need legal representation as your case progresses through the legal system.

This post was originally published at https://www.eisenberglaw.org/be-careful-with-takeout-alcohol-wisconsin-has-an-open-container-law/

Aiding, Abetting, and Partner-in-Crime Laws in Wisconsin

 

Tune into any crime show on TV and you’ll hear the term “aiding and abetting” at some point. These two terms are usually mentioned together and are often treated as one charge, but they are different crimes. Aiding and abetting can land you in jail even if you didn’t participate in the actual committing of a crime. However, unlike on many TV shows, aiding and abetting in Wisconsin applies to active help, and not just being an unwitting bystander.

Aiding someone with a crime is what it sounds like; you’re aiding, or helping, someone commit a crime. This can be actions like driving a getaway car, letting someone in through a door that’s for staff only so that person can access the intended crime scene, acting as a lookout, and so on. Abetting is encouraging the person to commit a crime, such as goading them on as they commit the crime or even just encouraging them to do it when they’re merely thinking about it.

To be guilty of aiding and abetting (one, the other, or both), you have to know what you’re doing and what could result from your actions. Someone who lets a criminal into a building through a limited access door in order for that person to commit a crime is guilty of aiding. Someone who holds the door open for someone entering a building without knowing that the person is planning to commit a crime is not aiding.

If you’re facing a charge of aiding and abetting, contact Eisenberg Law Offices immediately at (608) 256-8356. You need help fighting those charges – do not assume everything will be fine and that you won’t need legal representation.

This post was originally published at https://www.eisenberglaw.org/aiding-abetting-and-partner-in-crime-laws-in-wisconsin/

How Does Fault Affect Accident Insurance Claims and Payouts?

 

Fault in an accident has a greater effect on personal injury insurance payouts and court awards, depending on the state in which the accident happened. States deal with fault in two ways; one is the fault/no-fault insurance divide, and the other involves comparative negligence. Wisconsin is not a no-fault state, but a state that compares the negligence of the parties.

The Fault/No-Fault Insurance Model

States follow either a fault or a no-fault insurance model. No-fault insurance is also called personal injury protection. This type of insurance pays out no matter who is at fault for an accident. However, Wisconsin is not a no-fault state; fault in an accident determines what happens with an insurance payout and coverage when a claim is filed.

Contributory and Comparative Negligence

If someone’s been in an accident and sues for damages, contributory and comparative negligence are the models that determine what’s paid out. In comparative negligence, the fault of both parties is weighed and used to apportion damages.

In Wisconsin, contributory negligence may limit the plaintiff’s award. If the plaintiff (the injured person who is suing) is, say, 30 percent at fault for the accident and the defendant is 70 percent at fault, any award or compensation is theoretically reduced by 30 percent. But, if the plaintiff is found to be 60 percent at fault and the defendant only 40 percent at fault, then the plaintiff would receive nothing. In Wisconsin, to receive damages, the plaintiff’s negligence must be less than or equal to the defendant’s.

If you’re planning a personal injury lawsuit and wonder how your actions leading up to the accident might affect your award, contact Eisenberg Law Offices at (608) 256-8356. Speak with a lawyer about how negligence and fault could play into your case.

This post was originally published at https://www.eisenberglaw.org/how-does-fault-affect-accident-insurance-claims-and-payouts/

Why Do You Need a Personal Injury Lawyer?

 

A personal injury lawsuit requires many hours of work and usually at least a little travel to see the site of the accident. It is not an endeavor that you can handle on your own when you’re recovering from injuries sustained during the accident. A personal injury lawyer can take over the duties of gathering evidence, looking for legal precedents, handling settlements, and more.

A personal injury lawyer will handle any type of case that involves an injury to a person that occurred due to someone else’s negligence. This can be an injury due to a car accident, dog bite, slip and fall, bike accident, and so on. For example, you’re walking through a store and slip on a surface that’s wet from a spill, where there are no “wet floor” or “caution” signs and no one warned you about the spill. That could be seen as negligence on the store’s part, and you could file a personal injury lawsuit. However, let’s say you were walking through that store, saw but ignored all the “wet floor” signs, and tried to floor-skate through the wet patch past those signs. If you fall, you can’t really blame the store, and a personal injury lawsuit likely wouldn’t be applicable.

A personal injury lawyer will look at what types of compensation might apply to your case, too. You might think that you just want your medical bills paid. However, the lawyer may find that you could get compensation not only for medical bills but also for lost wages, emotional damages or pain and suffering. They can find legal precedents to support your case and help you figure out if a settlement offer is worth taking.

If you’ve been in an accident and suffered an injury that you think is due to someone’s negligence, contact Eisenberg Law Offices at (608) 256-8356. Please don’t try to handle a personal injury case on your own. Get good legal representation for the best outcome.

This post was originally published at https://www.eisenberglaw.org/why-do-you-need-a-personal-injury-lawyer/

Can Police Search Your Cell Phone | Search and Seizure

 

Is it Legal For Police to Search Your Cell Phone?

Cell phones contain all the details of our lives in text, images, account numbers, and more. You should always be wary of a police search of your cell phone. As an item of personal property, cell phones are protected by the Fourth Amendment to the U.S. Constitution, but that does not mean cell phones can never be searched. In some cases, it is perfectly legal for police to search your cell phone.

Fourth Amendment Protections

The Fourth Amendment protects against “unreasonable searches and seizures” and allows searches only if the law enforcement agency has a warrant or you give consent. Since your cell phone likely contains very personal and private information, it is no surprise that many people are reluctant to allow a police search of the phone. Not only is there a chance of confidential information being seen or exposed, if an officer sees something on your phone, it could create an opportunity for the police to search other property like your home or car.

If a police officer asks to see your cell phone, you can and should ask to see their search warrant. Your phone is your property, much like your home and just like your home, police need a warrant to search it. Even if you are arrested, your phone cannot be searched without a warrant.

When Can Police Search Your Cell Phone?

Although you do have Fourth Amendment rights protecting your cell phone, there are times when it is legal for police to search your cell phone without a warrant.

1. You gave the officer consent to search the phone.
2. It is an emergency situation that makes the officer believe that the evidence is in danger of being destroyed.
3. The officer needs to search the phone because people are in immediate danger.
4. The officer can see evidence on your phone in plain view, which qualifies as probable cause.

Contact A Criminal Defense Attorney If Police Want To Search Your Cell Phone

If you have been arrested, if your cell phone has been searched, or if the police ask to search your cell phone, your first call should be to an experienced criminal defense attorney. An attorney will help ensure your rights are protected from the very start and that you don’t unintentionally make your situation worse by providing police with evidence accidentally.

Contact the criminal defense attorneys at Eisenberg Law Offices for representation and advice. We represent clients throughout Wisconsin and offer free consultations. Arrange your free consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/can-police-search-your-cell-phone-search-and-seizure/

Reasonable Person Standard | Personal Injury Claim

 

Applying the Reasonable Person Standard in a Personal Injury Claim

A personal injury claim often hinges on whether or not the plaintiff’s legal team can demonstrate that the plaintiff was harmed due to the actions of the defendant. Part of that process often means proving that the defendant did not act as a person in the same or similar circumstances would be expected to act. To help prove this point, attorneys rely on the reasonable person standard.

This standard establishes a basis against which a defendant’s actions can be compared. Even though the “reasonable person” is fictitious, the comparison helps jurors visualize the situation and the corresponding actions in context.

Using the Reasonable Person Standard in a Personal Injury Claim

Proving negligence using the standard requires the plaintiff’s attorney to demonstrate how a reasonable person would have behaved in similar circumstances and how the defendant’s failure to do so caused injury to his or her client. To prove this, the attorney must demonstrate:

1. That the potential for harm was foreseeable.
2. That the defendant was aware or should have been aware that his or her actions or inactions were wrong.
3. The alternative actions that a reasonable person in the same or similar situation would have taken.

If the attorney is unable to prove the points listed above, then the plaintiff may lose their opportunity to obtain compensation for their injuries.

Claims Where the Standard is Commonly Used

There are two types of injury claims that often apply the reasonable person standard: car accident claims and property liability claims.

• Car Accident Claims. Proving liability in these claims often relies on proving that a “reasonable person” would not have driven as the defendant did.  A reasonable person would not endanger him or herself or others, but the defendant did. Therefore the defendant did not meet the reasonable person standard and should be held liable for the accident damages and injuries suffered.

• Property Liability Claims. These are often slip and fall cases or other injury claims where a person is injury at a place of business due to the property owner’s negligence. A reasonable person would take steps to maintain the business by fixing known hazards, cleaning up spills or wet floors, replacing broken lights, providing security for the safety of visitors, etc.

Representation in a Personal Injury Claim

Applying the reasonable person standard in a personal injury case requires the help of an experienced personal injury attorney. Our team has decades of experience handling personal injury claims in Wisconsin and securing compensation for our clients.

Find out if you are eligible to pursue a personal injury claim by arranging a free consultation with  Eisenberg Law Offices. Schedule your consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/reasonable-person-standard-personal-injury-claim/

Wisconsin Disorderly Conduct Charges | Eisenberg Law Offices

 

Answers to 5 Common Questions About Disorderly Conduct Charges in Wisconsin

Disorderly conduct charges are  common:  Wisconsin classifies disorderly conduct as a Class B misdemeanor which is punishable by up to 90 days in jail and $1,000 in fines. Disorderly conduct can stem from many different situations and is not limited to domestic situations.

Wisconsin defines disorderly conduct in state statute 947.01 as:

"Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor."

This is a very broad and vague definition which essentially means that anyone who behaves in a manner that causes a disturbance can be charged with disorderly conduct. Due to this broad definition and the subjective nature of the charges, it is no surprise that Wisconsin residents have questions about disorderly conduct charges. Below, we address 5 of the most common questions we hear.

5 Questions About Disorderly Conduct Charges in Wisconsin

1. I Didn’t Disturb Anyone. Can I Still Be Charged With Disorderly Conduct? In short, yes. Under Wisconsin law, you do not need to actually disturb anyone with your conduct in order to face disorderly conduct charges. The conduct simply has to be the type of behavior that could cause a disturbance.
2. Can Speech Be Considered Disorderly Conduct? Although we do have free speech protections under the Constitution, sometimes speech alone can qualify as disorderly conduct. The key consideration is whether or not the speech served no purpose other than to disturb others. This issue was decided in State vs. Day (2001), which found that when the speech is not an essential part of "any exposition of ideas, when it is utterly devoid in social value and when it can cause or provoke a disturbance..." disorderly conduct charges are appropriate.
3. What Happens if I am I Arrested for Disorderly Conduct? If you receive a misdemeanor charge for disorderly conduct, you will usually be allowed to post bond and be released the same day. The exception is if the charges involved a domestic partner. If it did, you will most likely go to jail. If you can't post bond or are charged with a felony, then you will remain in jail until it is your turn to see a judge. Do not ignore any citations related to disorderly conduct. A "Wisconsin Uniform Misdemeanor Citation" is not just a ticket. It is a criminal charge that requires you or your attorney to appear in court on the specified date.
4. Can I Be Charged with Disorderly Conduct Just for Carrying a Gun? Wisconsin does not consider it a violation of the disorderly conduct statute to load or carry a firearm or being armed with a firearm or knife. This is regardless of whether the gun is loaded or if the weapon is concealed or openly carried. In order to be charged with disorderly conduct, additional circumstances would have to exist that indicated that the person had criminal or malicious intent.
5. Why Do I Have a No Contact Order? When disorderly conduct charges arise from a domestic disturbance, they are usually accompanied by a No Contact Order also called a "72 Hour no Contact Provision". This means you cannot have any contact with the other person involved in the dispute for 72 hours. Violation of this order will result in a separate criminal charge.

Contact Eisenberg Law Offices For Disorderly Conduct Representation

As a misdemeanor crime, disorderly conduct charges do require you to appear in court. It is best to do this with professional legal representation by your side. From your very first appearance, you will be inundated with questions and legal explanations. Not knowing how to answer these questions or navigate the court system can lead to misunderstandings, additional charges, or higher bond amounts.

Let the criminal defense team at Eisenberg Law Offices help you. Our criminal defense attorneys represent people throughout Wisconsin as they fight disorderly conduct charges and related domestic charges. We will make sure your rights are protected and build a strong defense that keeps your best interests in mind. 

Arrange a free and confidential case consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

as originally published at https://www.eisenberglaw.org/firm-overview/articles/wisconsin-disorderly-conduct-charges-eisenberg-law-offices/

Personal Injury Documentation | Personal Injury Attorney

 

How Personal Injury Documentation Supports Your Claim

Personal injury cases often come about because the injured party needs to obtain compensation to help pay for the medical costs of their recovery or to replace income that has been lost due to an inability to work. In order to win the case, injury attorneys must prove many things. This requires providing strong evidence to support the claim. Personal injury documentation is one example of such evidence and it can be invaluable in proving injury.

Keeping an Injury Journal

Creating an injury journal is the easiest way to keep all of your personal injury documentation in one place. Your injury journal is not a diary where you may record how you are feeling and how your recovery is progressing. You can include this information but keep it short and factual. Use the journal to include important details about the accident, your injuries, treatments, and recovery. Start your journal soon after the accident since details can fade with time.

Examples of relevant details to include in your personal injury documentation are:

• The date, time and place of the accident.
• Weather conditions, if applicable.
• Your actions/activities right before the injury occurred.
• What, if anything, you remember the other party doing right before the accident.
• Anything the other party said to you after the accident.
• Names, jurisdictions, and badge numbers of police and first responders.
• Medical treatment received at the accident site and if you had to go to the hospital.
• Tickets or citations that were issued at the scene.
• Names and contact information of accident witnesses.

Documenting Medical Care

It is also important to document the medical care, treatments, surgeries, and prescriptions you receive due to the injury. Include whether or not they are helping or how treatment/care has changed with time.

Medical care includes:

• Doctor visits
• Surgeries and medical interventions
• Physical therapy
• Medications, dosage and frequency, and whether they are helping or not
• Specialist care like mental health care
• Medication side effects

Daily Pain Diary

Tracking your daily pain levels also supports personal injury documentation. By recording your pain levels regularly, your attorney can demonstrate the extent of your pain and suffering and how well or poorly you are recovering from it. You do not want to exaggerate your pain, but you also don't want to downplay it. Keep yourself honest by answering these questions in your journal:

• Where am I experiencing the greatest amount of pain?
• Are there other symptoms accompanying my pain?
• Are my symptoms constant or do they seem to come and go?
• What is the severity of my pain or symptoms on a scale of 1 to 10?

Document Changes to Your Life

You should document more than just the injuries suffered and the treatments received. Include information about how the injury impacted your life. Did you have to take time off of work? What were the dates? If you went back to work but had to take time off for doctor's visits, keep track of those dates and times.

Did the injury affect your life in other ways? Have they affected your ability to drive? Do household tasks? Care for yourself? Did you have to give up any hobbies or exercise? Have the injuries affected your sleep or caused intimacy problems? Have the injuries affected your relationships with friends and family or colleagues? Are you suffering emotionally due to the injury and/or the changes it has caused in your life?

Personal Injury Documentation Can Be Used As Evidence

Remember, you are maintaining this journal to use the information inside of it as evidence. When the journal is submitted as evidence, everything in it can be examined and used, even by the defendant's attorneys. Be honest and accurate in your entries. Write legibly and date each entry. The more organized and comprehensive your journal is, the more effective it can be in supporting your claim.

Schedule a Free Consultation With Eisenberg Law Offices

Discuss your legal options with a personal injury attorney at Eisenberg Law Offices. We offer free consultations where we will discuss our services and whether or not you have a case. Personal injury cases operate on a contingency basis which means there are no costs to you unless you win your case.

Contact our office at 608-256-8356 or info@eisenberglaw.org to schedule your free consultation.

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