Credit Card Fraud in Wisconsin | Eisenberg Law Offices

 

Examples and Consequences of Credit Card Fraud in Wisconsin

Credit card fraud in Wisconsin is not always the splashy, large-scale schemes that make the news. It can, and often is, committed on a small scale, by average people. Some of them may not even be aware that they are committing fraud.

What Is Credit Card Fraud?

We use credit and debit cards every day in Wisconsin. Although convenient, this also opens the door to fraudulent activity of which you may be a victim or an unknowing perpetrator. Simply put, credit card fraud happens when a person uses a credit or debit card to obtain money or property without authorization from the card owner or issuer.

Some card numbers are stolen from sites online. Some cards are found lying on the ground. The use of cards in either situation is considered fraud in Wisconsin.

Types of Credit Card Fraud

1. Fraud by False Statements. You can be charged with this type of fraud if you lie on a credit card application and receive a line of credit that you would not have been eligible for had you been truthful. Lying is not limited to income discrepancies. If you are untruthful about your name, address, social security number, or income, it all counts as fraud. This crime is especially serious and severely punished if you use someone else's name or information to secure credit.
2. Fraud by Possessing or Stealing Another Person’s Card. Unsurprisingly, using a stolen credit card counts as fraud, as does intending to sell the card to another person for their use. You may even be charged with fraud if you use another person’s card without permission, even if you didn’t steal it. In Wisconsin, it is illegal to:

• Take a card from another person who did not provide consent.
• Receive a card knowing it was stolen.
• Receive a stolen card with the intent to sell it.
• Receive a lost or misdelivered card and use it, sell it, or gift it.
• Sell a credit card.
• Buy a credit card from anyone who isn’t the card issuer.
• Receive a credit card as security for a debt with the intent to defraud the owner or issuer.

3. Fraud by Forgery. Using or possessing credit or debit cards that have been altered or are counterfeit is considered fraud by forgery. It is also illegal to be the creator of these cards.
4. Fraudulent Use of Cards. You may be charged with credit card fraud on how the card is used and the repercussions can be just as serious as other types of credit fraud. It is illegal to:

• Knowingly use an expired or revoked credit card.
• Knowingly attempt to defraud someone by using your own credit card or allowing another to do so.
• Knowingly use a fake or stolen card at an ATM machine.
• Intercept or acquire information, such as through a skimming machine, at an ATM with the intent to use that information for fraudulent purposes.
• Receive money or valuable goods through someone else’s fraudulent ATM use.
• Provide goods to someone else, knowing that the card being used is stolen or falsified.
• Be in possession of an incomplete card, such as one that is missing certain imprints, with the intent to finish it without the card issuer’s knowledge.

Credit Card Fraud Penalties in Wisconsin

• Class A Misdemeanor for credit card theft, possession of falsified credit cards, or illegally using a credit card to buy less than $2,500 worth of property within a 6-month period. A conviction carries with it a prison sentence of up to 9 months as well as fines of up to $10,000.
• Class I Felony for obtaining between $2,500 and $5,000 worth of property within a 6-month period by using counterfeit credit cards or cards that do not belong to the user. Felony convictions are extremely serious and life-changing. A Class I conviction includes prison for as long as 3 and a half years and fines up to $10,000.
• Class H Felony for using fake or stolen credit cards to obtain between $5,000 and $10,000 worth of property in a 6-month period. If convicted, penalties include up to 6 years in prison and fines of up to $10,000.
• Class G Felony for obtaining more than $10,000 worth of property in a 6-month period by using fraudulent or stolen credit cards. A conviction may include a prison sentence of up to 10 years and fines up to $25,000.

In most cases, people who are convicted of credit card fraud in Wisconsin will also have to pay restitution as part of their sentence. Restitution may include paying back the card owner or issuer the amount of money they stole and/or returning the property that was obtained.

Defense Options

In many cases, credit card fraud can be defended. The following legal strategies help get charges reduced or dropped in Wisconsin:

1. Lack of Intent. The prosecution must prove the defendant had the intent to defraud to secure a conviction. If the defense attorney can make the case that the defendant had no intent to defraud, the case may fall apart.
2. Reasonable Belief of Permission. The prosecution must prove that the defendant knew they were not supposed to be using the card. If the defense can argue that the circumstances did not fit those criteria, the charges may fail to stick. One example of this is when a card is provided for use in emergencies only. If the defendant can prove the situation in which it was used was an emergency, there is no case.

Credit card fraud can be committed unknowingly and in many different ways. If you have been accused of credit card fraud, contact the Wisconsin criminal defense attorneys at Eisenberg Law Offices for representation. We can help you fight the charges by ensuring all information presented is accurate and by presenting a strong and effective defense.

Discuss your situation in a free and confidential consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/credit-card-fraud-in-wisconsin-eisenberg-law-offices/.

Nerve Damage After a Car Accident | Eisenberg Law Offices

 

Can I File a Claim for Nerve Damage After a Car Accident?

Broken bones, concussions, and bruising may be most visible after a car accident, but nerve damage is just as common. This type of injury can be difficult to treat, requiring many visits with different medical professionals to obtain an accurate diagnosis and effective recovery plan. The good news is that you can file an injury claim to help cover some of these costs after a car accident. How much you are able to recover in damages depends on your specific situation because no two cases are ever alike, particularly injury cases.

Suing for a Nerve Damage

Filing a claim or suing the negligent party for your nerve damage is allowed under Wisconsin personal injury law. One factor that could influence your claim is your insurance coverage.

Car accident victims first have to pursue compensation through the insurance claims process. Wisconsin operates under a tort system, which is fault-based. This means that whoever caused the car accident is responsible for paying for all accident-related costs for anyone who was involved in the accident. This could include the other driver and his/her passengers.  

You would apply for damages through the at-fault party’s insurance company or your own uninsured or underinsured auto policy coverage. The insurer may offer a settlement, but you should discuss this offer with a personal injury attorney before accepting. It is not uncommon for these offers to be inadequate for your current and future medical needs in a nerve injury case.

If the offer is too low or if the insurer refuses to provide a settlement, your attorney can then file a lawsuit on your behalf to try and help you obtain the compensation to which you are entitled. In some cases. The nerve damage is so severe that it hits the limits of the policy coverage. In situations like that, you may also want to file a lawsuit against the at-fault party directly to obtain the difference between what insurance covers and what you need to pay your medical bills.

Nerves and Injury

Our nervous system covers the entire body. It is a complex system that involves our skin, organs, and brain. Proper function is essential to daily activity. Injuries to the nervous system can affect any part of the body and have the ability to severely disrupt your life. Nerves can be damaged if they are stretched, compressed, crushed, pinched, or spliced.

Some of the most common injuries that cause nerve damage are:

• The rapid forward and back motion of being in a car accident can cause whiplash which can stretch, tear, or compress nerves.
• Herniated disk. Herniated disks put pressure on nerves in the spinal column and may lead to serious permanent injuries.
• Pinched nerve. A pinched nerve occurs due to inflammation of muscles and soft tissues as they react and protect the body after trauma. Pinched nerves can become chronic if left untreated, disrupting the nerve’s ability to function properly.

Symptoms of Nerve Damage

Even the most minor of car accident injuries can cause serious damage. Nerve damage is especially hard to diagnose because it isn’t visible to the naked eye or even on imaging scans. Accident victims should pay attention to their bodies and always seek out medical care after an accident and especially if they experience any of the following symptoms:

• Spasms
• Burning
• Tingling
• Numbness
• Sensitivity
• Weakness
• Severe pain
• Twitching

How Much are Victims Compensated?

The amount of compensation you receive in a claim or lawsuit depends on:

• The extent of the injury and its impact on your life,
• The amount of medical care you require, for how long, and how much it costs,
• Intangibles like pain and suffering, loss of function, or emotional distress, and
• Insurance coverage and payouts.

Your attorney will examine all of these factors to pull together a fair claim amount that will form the basis for your settlement request. From there, the attorney will work through the insurance claims process and possibly the court system to ensure you are paid what you are due.

File a Claim for Car Accident Injuries With Help From Eisenberg Law Offices

If you have been injured in a car accident and have nerve damage, contact the personal injury attorneys at Eisenberg Law Offices. We can help you file a claim, negotiate with insurance, and pursue a lawsuit against the at-fault party to ensure you receive the total compensation amount you need to fully recover from the accident.

Arrange a free, no-obligation consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/nerve-damage-after-a-car-accident-eisenberg-law-offices/.

 

6 Questions About Disorderly Conduct Charges in Wisconsin

Disorderly conduct is a Class B misdemeanor in Wisconsin. The charges stem from arguments, altercations, and disagreements and are one of the easiest of charges to levy against a person.

Disorderly conduct is defined by Wisconsin State Statute 947.01(1) 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.”

A conviction on disorderly conduct charges can be punished by up to $1,000 in fines and as much as 90 days in jail.

Two Facts About Disorderly Conduct Charges In Wisconsin

1. Disorderly conduct is one of the most frequently charged crimes in Wisconsin.
2. A person may be charged with disorderly conduct if they behave in a manner that causes a disturbance.

Disorderly Conduct FAQs

1. Can I Be Charged Even If I Didn’t Disturb Anyone? If no one was bothered by your conduct, you may assume you can’t be charged with disorderly conduct. However, the statute does not specifically require that others be disturbed in order to be charged. To be charged with the crime, you must only have demonstrated the type of behavior that tends to create a disturbance.
2. Can I Be Charged Based on Speech Alone? Despite free speech protections, you can face disorderly conduct charges if your speech serves no other purpose than to cause a disturbance.
3. Can I Be Charged with Disorderly Conduct if I am Carrying a Gun? You cannot be charged with this crime simply for carrying a gun. In order to be charged, you must also have caused a disturbance or had the intent to harm someone else with the gun.
4. What Happens if I am Arrested for Disorderly Conduct? If you are arrested and charged, you will be taken to jail and given a chance to post bond and be released the same day. If you cannot post bail or if you are charged with a felony, you will remain in jail until you see a judge.
5. I Have Received a “Wisconsin Uniform Misdemeanor Citation”. What is That? This citation is not a ticket. It is a notification that you have been charged with a crime. It will include a time and date for your court appearance. If you do not appear for this appearance, the judge will issue a warrant for your arrest.
6. My Situation Involved a Domestic Partner and I Received a No Contact Order. What Does That Mean? Domestic charges in Wisconsin often involve no contact orders in addition to disorderly conduct charges. If you have received a No Contact Order, you will be unable to have any contact with the other person for 72 hours. If you violate this order, you will be charged with a separate crime.

Fight The Charges With Help From Eisenberg Law’s Criminal Defense Attorneys

If you are facing disorderly conduct charges, contact Eisenberg Law Offices for advice and representation. This is particularly important if you have also been issued a No Contact Order to ensure you do not violate any portion of the Order. The last thing you want to do is make the situation worse than it already is.

Our criminal defense attorneys help clients fight disorderly conduct charges and represent them in their initial court appearances and beyond to protect their rights and minimize the repercussions of the charges. Find out how we can help you by calling Eisenberg Law Offices at 608-256-8356 or emailing info@eisenberglaw.org to schedule a free case consultation.

This post was originally published at https://www.eisenberglaw.org/6-questions-about-disorderly-conduct-charges-in-wisconsin/.

4 Common Defenses To Wisconsin OWI Charges | Eisenberg Law

 

4 Common Defenses Against OWI Charges in Wisconsin

Wisconsin driving laws are strict, particularly when it comes to OWI charges. An OWI conviction can lead to the loss of your driving privileges, fines, and even jail time, which is why they should never be taken lightly.

Prosecutors rely on physical evidence to prove OWI cases. Therefore, defense strategies center on disputing this evidence. This often comes down to examining whether or not proper procedures were followed or questioning the validity of test results. Below are 4 common defenses that the OWI attorneys at Eisenberg Law Offices use to protect their clients’ rights and driving privileges. 

4 Common Defenses to Wisconsin OWI Charges

There are many different types of evidence used to prove OWI charges. Tangible evidence includes blood alcohol levels and other chemical test results. Other types of evidence are more subjective, relying on judgment calls rather than objective evidence. In both cases, challenging the evidence or how it was collected can be an effective defense strategy. Our 4 common defenses center on the answers to the following questions.

1. Did the Officer Have Probable Cause? Officers must have a legal reason to stop the vehicle, detain the driver, and make an arrest. If any one of these factors is missing, the officers did not have probable cause. Evidence collected without probable cause is not valid and will be removed from the evidence against you.
2. Did the Officer Provide an Implied Consent Warning? Wisconsin requires law enforcement officers to tell anyone they suspect of OWI the legal consequences of refusing a chemical test. If they do not provide this implied consent warning, test results can be invalidated as evidence. Although refusing to take a chemical test will lead to an automatic suspension of your license, it also helps you avoid self-incrimination. Your attorney can then advocate for your license to be returned.
3. Were the Officer’s Observations Subjective? Officers often have to rely on their judgment to determine levels of intoxication, whether or not a driver is “under the influence”, and even what constitutes failing a field sobriety test. These observations can be highly subjective and, as a result, can be challenged by your OWI attorney.
4. Are the BAC Readings Accurate? BAC readings are not as accurate or reliable as they are made out to be. BAC levels can be affected by a number of factors such as the time since your last drink or food you’ve eaten and how long it has been in your stomach. There are several arguments an OWI attorney can make, questioning the validity of BAC test results.

Fight Wisconsin OWI Charges With Help From Eisenberg Law

As our 4 common defense strategies indicate, OWI charges do not necessarily lead to OWI convictions. It is possible to build a strong and effective defense with help from the Wisconsin OWI attorneys at Eisenberg Law Offices. Discuss your case and your options with one of our OWI attorneys in a free consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/4-common-defenses-to-wisconsin-owi-charges-eisenberg-law/.

Dog Bite Injuries and Wisconsin Statute of Limitations

 

Dog Bite in Wisconsin? Report it Before the Statute of Limitations Runs Out

A dog bite qualifies under personal injury law in Wisconsin. That means you can file a lawsuit against the dog owner to obtain compensation for your injury. One important fact to keep in mind: the statute of limitations. You have a limited period of time in which to file the lawsuit or you will miss your chance to file a suit and collect damages.

The Statute of Limitations in Dog Bite Injury Cases

Wisconsin has a 3-year statute of limitations on dog bite injuries. That means that you have 3 years from the date of the attack to file a lawsuit. If you miss this deadline, you will be unable to ever file a lawsuit to obtain compensation for your injuries. There are exceptions to the 3-year limit if the one bitten was a minor. In that case, the statute of limitations ends two years after their 18^th birthday.

Even though there is a 3-year statute of limitations on filing a claim, that limit does not apply to resolving the claim. Once filed within the appropriate timeframe, cases do not have a limit on how long they can be litigated. Some cases are solved quickly while others can take years to go through the legal system. However, as long as the suit was filed within the 3-year deadline, it can proceed no matter how long it takes to reach a resolution.

Take Action Soon After a Bite

There’s no need to wait until the 3-year mark approaches to take action after a dog bite. Even if you don’t think you want to pursue a personal injury claim, you should still report the incident. This will help build your case if you do decide to pursue a claim in the future. But it will also alert animal control to the fact that there is a dog that bites in the area and they can verify whether or not the dog is current on their shots, including rabies.

If you have suffered a serious injury, call 911 to receive prompt medical attention, then follow up with your doctor for a more comprehensive exam. This is particularly important if you do not have proof of the dog’s rabies vaccination status or if the wound becomes infected or isn’t healing as expected.

Meet with a Wisconsin Dog Bite Attorney at Eisenberg Law Offices

The State of Wisconsin holds dog owners strictly liable for any bites or injuries that their dogs inflict on others. Our personal injury attorneys will help you collect evidence and build a case to prove that you are entitled to compensation as a result of the dog’s attack. If insurance companies are involved, we will represent you to them and negotiate to ensure you receive a fair and accurate settlement.

Contact the Wisconsin personal injury attorneys at Eisenberg Law Offices by calling 608-256-8356 or emailing info@eisenberglaw.org to arrange a free consultation.

This post was originally published at https://www.eisenberglaw.org/dog-bite-injuries-and-wisconsin-statute-of-limitations/.

Eisenberg Law | Madison Wisconsin Car Accident Lawyer

 

5 Ways a Car Accident Lawyer Can Help You After an Accident

A car accident lawyer is your advocate and guide from the initial claim filing to whatever path your claim takes – a settlement or a court case. Our Madison, Wisconsin car accident attorneys make certain that accident victims’ rights are protected and that every avenue is exhausted before a claim is settled to ensure fair and adequate compensation for injuries and expenses. Below, are 5 ways auto accident attorneys can accident victims.

Five Ways Our Madison, Wisconsin Law Firm Helps Car Accident Victims

1. Help You Understand What’s Going on. Attorneys know the law. They know how insurance companies work. They know how the court system works. They know what kinds of claims get approved and which don’t. Your Eisenberg Law attorney will help you understand your rights and explain your legal options so you can make the best decision for your situation.
2. Investigate and Collect Evidence. Appropriate evidence is crucial to the success of a car accident claim. Our attorneys collect and analyze evidence and use it to build your claim. Evidence may include: accident reports, camera footage, witness testimony, medical files, and insights from expert witnesses.
3. Determine Claim Amount. Claim amounts are based on facts. Car accident lawyers calculate the economic expenses of the accident such as current and future medical bills and lost wages, as well as the non-economic damages such as PTSD and pain and suffering. They use this information to determine a dollar amount for your claim that covers all of these current and anticipated expenses.
4. Handle the Insurance Company for You. Your Eisenberg Law attorney can manage the insurance claims process and negotiate a settlement on your behalf. This allows you to avoid the typical insurance stonewalling or low-ball settlement offers that are all too common in the industry.
5. Represent You in Court. If you are unable to reach a settlement with the insurance company, your car accident lawyer can file a lawsuit and represent you in court. Your attorney will also represent you during the pre-trial and discovery stages, prep for trial, and evaluate any settlement offers that present themselves in the meantime. If you do make it to trial, your attorney will represent you in court, presenting facts and evidence and fighting for your right to obtain the full compensation amount you are due.

Contact Eisenberg Law in Madison, Wisconsin For Car Accident Representation

The car accident attorneys at Eisenberg Law Offices represent accident victims throughout Wisconsin. We fight aggressively for our clients to ensure they receive the compensation they are entitled to so they can move forward with their lives after an accident.

If you have been injured in a car accident and need help managing the insurance claims process, negotiating with your insurer, or need to take the claim to court, contact our Madison, Wisconsin law firm at 608-256-8356 or info@eisenberglaw.org to schedule a free case consultation.

This post was originally published at https://www.eisenberglaw.org/eisenberg-law-madison-wisconsin-car-accident-lawyer/.

Wisconsin Gun Ownership | Legal Options | Illegal Possession

 

The Legalities Of Gun Ownership in Wisconsin

Gun ownership is popular in Wisconsin. The state is full of hunters and collectors as well as people who just enjoy going to the shooting range. Fortunately, the 2^nd Amendment to the U.S. Constitution provides U.S. citizens with the right to own guns and engage in these activities. However, with the right comes responsibilities. Violations of the state’s gun laws can lead to legal consequences and even the loss of your guns.

Who Can Own a Gun in Wisconsin?

Anyone over age 18 can open carry anywhere that concealed carry is legal in Wisconsin as long as they have not been prohibited from firearms possession.

There are no licensing requirements in the state, but gun buyers are subject to a background check when buying through a licensed dealer. Residents must be at least 21 years old to buy a gun.

It is illegal to open carry a gun in WI in or on:

• Police stations, state patrol stations, or sheriff’s offices
• Correctional facilities of any kind
• A mental health treatment center
• Federal, state, or county courthouses
• Municipal courtrooms that are in session
• Airports, past the security checkpoints
• School property
• Bars (unless there is a preexisting concealed carry weapon license)
• Federal land or property, except for national forests

WI Concealed Carry Laws

There are even stricter rules for concealed carry. Anyone who plans to conceal carry their weapon must apply and be approved for a concealed carry weapon license. Licensing requirements are:

• 21 years of age or older
• Provide a valid ID, such as a driver’s license
• Complete state-licensed firearm training
• Be free of court orders prohibiting the purchase of a firearm
• Have no felony convictions
• Have no illnesses that result in the prohibition of gun ownership
• Meet all federal firearms ownership requirements

Who is Prohibited from Owning a Gun?

The state builds on federal laws for who can and cannot possess a gun. Together, the laws help prevent gun ownership by individuals who have demonstrated risk factors. You cannot own or purchase a gun in Wisconsin if:

• You have been convicted of a felony crime in the state
• You have been convicted of a crime in another state that would be considered a felony in Wisconsin
• You committed a crime as a juvenile that would result in a felony charge if it had happened when you were an adult
• You were charged with a felony but found not guilty due to a mental health condition
• You were found not guilty of a crime in another state by reason of insanity that would be charged as a felony in Wisconsin
• You have been ordered not to have a gun because you have been in rehab for mental health issues or drug dependency, have had a guardian appointed for you, or have been put in a protective placement
• You have gone to rehab for alcoholism and have been determined to be a risk to yourself or the public safety
• You are under domestic abuse or harassment restraining order

Penalties for Illegal Gun Possession

The penalties for illegal gun possession vary depending on the circumstances with felons facing the most severe penalties. Felons who are convicted of illegal gun possession can be sentenced to as much as 10 years in prison and be fined $25,000 or more.

Carrying a concealed weapon in the state without a permit is a Class A misdemeanor that can lead to 9 months in jail and fines of up to $10,000.

“Possession” is defined as having control of a loaded or unloaded firearm and being aware of that control. Possession also includes handling a firearm, no matter how briefly or minimally.

Explore Your Defense Options During a Consult with Eisenberg Law Offices

If you are charged with possession or illegal gun ownership in Wisconsin, you will need a criminal defense attorney to help you avoid conviction. The criminal defense attorneys at Eisenberg Law Offices have been successfully defending gun ownership and possession cases for over 30 years.

Contact us at 608-256-8356 or info@eisenberglaw.org to schedule a free and confidential consultation to discuss your situation and learn about the defense options available to you.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/wisconsin-gun-ownership-legal-options-illegal-possession/.