Plea Bargain FAQs | Wisconsin Plea Deals

 

9 FAQs Answered About Wisconsin Plea Bargains

Anyone who watches legal shows on television has heard the term plea bargain. These “deals” are used widely in fictional entertainment settings, but they are real, legal strategies that are used throughout Wisconsin to close cases. Below, we answer nine common questions about plea deals.

1. What are plea bargains? Plea bargains, also referred to as plea deals or plea agreements, are contracts between criminal defendants and local prosecutors. In the deals, defendants agree to plead guilty to specific charges in exchange for something from the prosecutor. They are often used in felony cases.
2. What kind of “deals” can prosecutors offer?
   • Recommend leniency in sentencing or suggest an alternative arrangement to the court, such as probation or community service
   • Drop certain charges or not bring additional charges
   • Not file certain documents that would affect sentencing
   • Inform the court of your cooperation, character, and other positive behavior throughout the process
3. Is everyone entitled to a plea bargain? No. No one has a legal right to receive a plea deal. They are decided on a case-by-case basis in consultation between the prosecution and the defendant’s attorney. Criminal defense attorneys in Wisconsin may suggest a deal be made and negotiate the terms on behalf of their client.
4. Is a plea deal always a good idea? Not necessarily. Defendants who have a strong defense may be better off fighting the charges than accepting the deal on offer. You should always consult a criminal defense attorney when presented with a plea deal to help determine if it is in your best interests to accept it or not.
5. If I accept the offer, am I guaranteed the recommended sentence? No. These agreements exist between the defendant and the prosecutor, not the judge. The judge may take the agreement into consideration when sentencing, but they are not required to adhere to it.
6. How involved are judges in plea deals? Judges must accept your guilty plea before a plea deal goes into effect but they must speak with defendants beforehand to make sure they understand the charges against them, the potential penalties, and have voluntarily agreed to plead guilty. Judges also have a duty to ensure the defendant committed the crimes on which they are charged.
7. Can I withdraw my guilty plea after it has been accepted? This is allowed only under certain conditions. You cannot withdraw your plea just because you changed your mind or received a harsher sentence than anticipated.
8. Can the deal be used to prove my guilt if I change my mind and withdraw my plea? No. Under Wisconsin law, guilty pleas cannot be used against the defendant. The case proceeds as if the defendant pled not guilty.
9. Should I hire a criminal defense attorney to negotiate for me? Yes, particularly if the attorney is an experienced plea negotiator. Having a qualified and knowledgeable criminal defense attorney advocating for you and reviewing any deal on offer can help ensure the best possible outcome for your case.

Consult Eisenberg Law Offices for Plea Bargain Representation

If you have been presented with a plea deal in Wisconsin, contact the criminal defense attorneys at Eisenberg Law Offices for advice and representation. We can review the deal and explain it to you, negotiate a plea on your behalf, or represent your case in court.

Discuss your situation in a private case consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/plea-bargain-faqs-wisconsin-plea-deals/.

Implied Consent in Wisconsin | Wisconsin OWI Laws

 

Have a Wisconsin Driver’s License? You’ve Given Implied Consent to Chemical Testing for OWI

If you are charged with OWI in Wisconsin, you will be required to undergo chemical testing to check your BAC level through a blood test, a breathalyzer breath test, or a urinalysis. When we say required, we mean required. Chemical testing for intoxication is required for an OWI arrest in the state and you must comply with it.

Anyone who holds a Wisconsin driver’s license has provided “implied consent” to chemical testing for intoxication as part of their responsibilities as a driver. Testing can only be done if the driver is arrested on suspicion of driving under the influence.

Implied Consent in Wisconsin

Implied consent is governed by Wisconsin State Statute 334.305, which gives law enforcement the right to test all licensed drivers for intoxicants. Under this statute, “Any person who is on duty time with respect to a commercial motor vehicle or drives or operates a motor vehicle upon the public highways of this state, or in those areas enumerated in s.346.61, is deemed to have given consent to one or more tests of his or her breath, blood or urine, for the purpose of determining the presence or quantity in his or her blood or breath, of alcohol, controlled substances, controlled substance analogs or other drugs, or any combination of alcohol, controlled substances, controlled substance analogs and other drugs, when requested to do so by a law enforcement officer”.

Refusing Chemical Testing

We do not recommend refusing to submit to chemical testing. If you do so, you will make the situation harder for yourself because you will also then be charged with “Refusal” along with the original charges. Refusal is a serious complication to your case because:

• it is more serious than a first offense OWI
• can be used as proof of guilt
• is a direct violation of the law, which will reflect poorly on you and comes with additional penalties, including suspension of your driver's license for up to a year for a first offense

Field Sobriety Tests Are Not Covered by the Law

Unlike chemical testing covered by implied consent laws, drivers do not have to submit to field sobriety tests as they are not chemical tests. You are well within your legal rights to refuse field sobriety tests in the state unless you are a CDL driver on duty. However, refusing will establish probable cause for an arrest.  It is not until you are arrested that you will have to undergo chemical testing as part of the implied consent law.

Contact a Wisconsin OWI Attorney After Your Arrest

It is important to note that you will not be able to contact an attorney before testing. The best choice of action is to submit to the tests, remain cooperative, calm, and polite and request to speak with an attorney as soon as possible. Officers must follow certain procedures when making an arrest and when administering chemical tests. If any of these procedures were skipped or violated in any manner, it could help your case.

If you have been charged with an OWI in WI, contact the legal team at Eisenberg Law Offices. We provide defense services throughout the state and offer free consultations to get started. Call 608-256-8356 or email info@eisenberglaw.org to schedule your free consultation.

This post was originally published at https://www.eisenberglaw.org/implied-consent-in-wisconsin-wisconsin-owi-laws/.

Tips For Speaking With a Truck Accident Insurance Agent

 

4 Tips for Speaking with an Insurance Agent after a Truck Accident

Contacting your insurance agent is at the top of the list after being involved in a truck accident. If you intend to file a claim, which most people do, you’ll need the agent to begin the process. Although your insurance agent may be helpful and friendly with you, be aware that they are just one person in the claims process and will not be the person investigating your claim. No matter how good a relationship you have with your agent, be careful about what you say to them in that initial conversation after the accident, since it could affect your claim.

Below are four pieces of advice we give to all of our truck accident claim clients for consideration when speaking with their own insurer or the other party’s insurer.

4 Tips For Speaking to Truck Insurance Agents for the At Fault Driver

1. Don’t talk to the insurer of the at fault party.
2. Be Careful What You Disclose to Your Insurance Company. Never volunteer information about fault, injuries, or liability when you first speak with an insurance agent. Remember that everything you say could be used as evidence in your claim, even if it goes against you and even if it was incorrect. When speaking with an agent, answer the questions they ask you in short and simple sentences, but don’t volunteer additional information. You have a contractual duty to cooperate with your insurance company, but not the insurance company for the at fault party.
3. Do Not Make an Official Statement. If the insurance agent asks to record the conversation or to take an official statement, decline to do so. This gets back to point #1 above where anything you say could be used against you and might prevent you from obtaining compensation for the accident. Unofficial statements leave wiggle room for correcting errors and making changes in the future.
4. Consult a Truck Accident Attorney. An attorney can represent you with insurance companies and adjusters. Hiring an attorney to do it for you is the best way to ensure an optimal outcome. Attorneys can also help you understand the claim report and address any uncertainty you have around the accident or claims process.

Speak with an Eisenberg Law Offices Truck Accident Attorney

The truck accident attorneys at Eisenberg Law Offices are here to help you navigate the aftermath of an accident. Our attorneys work closely with clients to decrease stress levels by managing the claims process on the client’s behalf, being a resource for questions and answers, and always advocating for the client’s best interests. If you have been involved in a truck or vehicle accident in Wisconsin, contact our office to arrange a free case consultation today. Call 608-256-8356 or email info@eisenberglaw.org to schedule your consultation.

This post was originally published at https://www.eisenberglaw.org/tips-for-speaking-with-a-truck-accident-insurance-agent/.

Personal Injury Claim Investigation in Wisconsin

 

Investigating a Personal Injury Claim in Wisconsin

The attorneys at Eisenberg Law Offices undertake a rigorous investigation process for every personal injury claim we represent. While our clients are busy recovering from their injuries, we are busy collecting evidence and building a case that returns the best outcomes and highest compensation amounts possible. Our investigation process consists of four primary phases, which are outlined below.

Attorney Investigation Processes in a Personal Injury Claim

• Discovery. This is the very first step in any Wisconsin injury claim investigation – discovering what we can about the situation. We begin with an exchange of information with the other party. How this step is handled by the other party, gives us insight into their approach. Depending on the case, we may request documents, records, surveillance videos, and more to ascertain the basic facts of the situation.

• Investigation. During this phase, we examine the scene of the accident in person. This helps us gain an understanding of the area where the accident occurred as well as how it may have happened. We can look for environmental factors that may have played a role as well as maintenance issues that could have contributed to the accident.

• Surveillance. Cameras are everywhere these days. We examine surveillance footage from the day of the accident from private and public properties to see if there is any recording of the accident as it occurs. This visual evidence can be very powerful in building a personal injury case and proving negligence. We look for multiple cameras and multiple angles to obtain the most comprehensive evidence we can.  

• Recorded Statements. Recorded eyewitness statements are extremely helpful in any personal injury claim, particularly if they come from unbiased third-parties. We thoroughly examine any recorded statements on file and will even try to track down witnesses who did not make a statement at the time to build our case. 

Meet with the Wisconsin Personal Injury Attorneys at Eisenberg Law

If you want to pursue a personal injury claim in Wisconsin, contact the injury attorneys at Eisenberg Law Offices. We represent victims throughout the state and bring over 30 years of experience to every case. Learn more about our services and meet with a personal injury attorney privately during a free case consultation. Arrange your free consultation, by calling 608-256-8356 or emailing us at info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/personal-injury-claim-investigation-in-wisconsin/.

Misdemeanor Charges in Wisconsin | Wisconsin Misdemeanors

 

Wisconsin Misdemeanor Charges: Do I Need a Lawyer?

When considering whether or not you need a lawyer if you are facing misdemeanor charges in Wisconsin, remember that even though they are less serious than felonies, misdemeanor convictions will appear on your criminal record. You will also face substantial fines, imprisonment, and probation, not to mention increased penalties for any future convictions. For these reasons, it is always advisable to consult a defense attorney when facing such charges. If you have been arrested on a misdemeanor, contact a criminal defense attorney at Eisenberg Law Offices right away to protect yourself.

Misdemeanor Charges vs. Felony Charges in Wisconsin

Felonies and misdemeanors sound very different, and misdemeanors sound less serious, but they have more in common than you may realize. The repercussions are severe in both cases.

• Imprisonment Location. In WI, felonies are any offense that is punishable by imprisonment in a state prison. All other crimes are considered misdemeanors. That creates a very thin line between felonies and misdemeanors since misdemeanors can also include incarceration, just not in a state prison. Imprisonment for a misdemeanor takes place in a county jail.

Misdemeanors are very closely related to felonies. The slightest change in facts, such as the weight of drugs found on your person, can change a felony charge to a misdemeanor or vice versa.

Common Misdemeanor Charges

Some of the most common misdemeanor charges in the state are:

• Disorderly conduct
• Intimidating witnesses and/or victims
• Possession of some drugs
• Theft
• Battery

Penalties for Misdemeanor Convictions

Wisconsin has three classes of misdemeanors – A, B, and C. Each one is associated with certain offenses and related punishments under WI Code § 939.51. If a misdemeanor does not fall under a listed penalty class, penalties are applied under provisions of WI Code § 939.61: Penalty When None Expressed.

Under WI Code § 939.51, the following penalties apply to misdemeanor convictions:

• Class A Misdemeanor. Up to 9 months imprisonment in a county jail and/or up to $10,000 in fines
• Class B Misdemeanor. Up to 90 days imprisonment in a county jail and/or up to $1,000 in fines
• Class C Misdemeanor. Up to 30 days imprisonment in a county jail and/or up to $500 in fines
• Unspecified State Misdemeanor. This type of conviction defaults to a Class C offense that is punishable by up to 30 days in county jail and/or up to $500 in fines.

Penalties for misdemeanors typically increase based on the offender’s criminal history. A first-time marijuana conviction is a misdemeanor, but a second conviction for the same offense is considered a Class I felony.

Misdemeanor Defenses Options

There are several strong defense options for misdemeanor charges in Wisconsin. These defenses can be used to beat the charges, reduce the charges, or reduce the sentencing.

• Double Jeopardy. The double jeopardy clause of the 5^th amendment means that defendants cannot be charged with a misdemeanor if they have already been tried and acquitted of felony charges. If you have been tried and acquitted for a crime once already, your attorney would mount a double jeopardy defense to protect you.
• Lack of Probable Cause. Prosecutors must provide proof of probable cause to bring charges. If they cannot provide this proof or cannot provide adequate proof, your attorney can move to dismiss the charges.
• Necessity & Duress. In some cases, the defendant engaged in unlawful acts to prevent a more serious crime from occurring. Suspects may also have acted under duress if they were threatened with harm if they did not act. If your attorney can prove that you acted to prevent a more serious crime, you can mount a necessity defense. The duress defense can be used if the crime that was committed was less serious than the threat of injury.

Contact Eisenberg Law Offices for Representation Against Misdemeanor Charges in Wisconsin

In addition to any fines, penalties, or imprisonment you’ll face, a conviction on misdemeanor charges will have many indirect consequences on your life because it shows up on your criminal record. You may have trouble finding or keeping a job. You might lose visitation rights with your children. You may lose your driver’s license or professional license and be barred from certain professions. You might have trouble obtaining loans and may lose certain rights and privileges.

For these reasons and more, we must answer yes, when asked if a person should retain a defense attorney when facing misdemeanor charges. The stakes are simply too high and too far-reaching to leave to chance.

If you are facing misdemeanor charges in Wisconsin, contact Eisenberg Law Offices at 608-256-8356 or info@eisenberglaw.org to schedule a free case consultation.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/misdemeanor-charges-in-wisconsin-wisconsin-misdemeanors/.

Traffic Tickets And Wisconsin Car Crash Claims

 

Do Traffic Tickets Influence Car Crash Claims?

If you have been in a car crash and been issued a ticket you may be wondering if the ticket will influence your insurance claim for the accident. No, a traffic citation is not admissible in court in a personal injury trial. 

Duty of Care and Negligence in Car Crash Claims

The basis for a traffic ticket (what you did) can be used to demonstrate negligence by one or both drivers in a car crash claim. Sometimes, this provides a clear indication of who is liable for the accident. Running a red light or ignoring a stop sign demonstrates negligence and is a clear breach of the “duty of care” that all drivers have to prevent harm to themselves and others as a result of their driving.

However, the duty of care expectation means that even if the other driver ran the red or ignored the stop sign, you might also be cited, especially if you did not yield or check for oncoming traffic. While you may not bear the brunt of liability for the accident, you still neglected your duty of care which might affect the insurance claim.

Comparative Negligence in Wisconsin Car Crashes

One factor that could work in your favor is Wisconsin’s comparative negligence law. Under this law, both drivers can bear liability for an accident, but as long as you are less than 50% responsible for the accident, you can still file a claim to seek compensation for injuries and other losses. You can do this even if you also received a ticket. The amount of liability you bear for the accident will be deducted from the compensation amount. If you are determined to be 30% responsible for the accident, your claim amount will be reduced by 30%.

Other Factors That Could Influence Car Accident Claims

Insurance companies will look at additional evidence in their claim investigation. You can support your claim with additional evidence, such as road camera footage or witness statements. You should also be very careful about what you say and do after an accident and before the claim is settled since it could affect the outcome of your claim.

In general:

• DO NOT admit fault. You never want to admit fault in an accident, even if you believe your actions contributed to it. Let investigators and your attorney collect and examine the evidence. If you are at fault, it will become clear through the investigation. You may not be as at fault as you believe.
• DO NOT post on social media. Anything you post online can be used against you in an insurance claim, even if you maintain strict privacy settings. Do not risk your claim by posting anything about the accident, even if you think it is harmless or is an indisputable fact. Better safe than sorry.
• DO see a doctor. Always get evaluated by a medical professional after car crashes, even if you feel fine. There are many conditions and injuries that can appear weeks later. Not only does neglecting medical care put your health at risk, but it can also affect your accident claim. A check-up shortly after the accident provides a basis for proof that your injuries were a result of the accident and can help not only create this link but also be used to assess the real, financial costs of the accident on your life.
• DO consult a car accident attorney. Whether you are at fault or not, meet with a car accident attorney after the accident. Your attorney will be able to protect your interests, negotiate with the insurance company, collect and examine the evidence, and build the case to support your claim or reduce your liability.

Don’t Give Up Due to Traffic Tickets

We hope this post helps you realize that there are many factors that go into determining a car accident claim and that traffic tickets are no reason to assume your claim will be denied. If you have been involved in a car crash, whether you have been cited for it or not, contact the car accident attorneys at Eisenberg Law Offices. We can help you manage the claims process and represent you in negotiations or court, if it comes to that.

Schedule a free case consultation by calling 608-256-8356 or emailing info@eisenberglaw.org to get started.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/traffic-tickets-and-wisconsin-car-crash-claims/.