Disorderly Conduct In WI | Criminal Lawyer WI

A Beginner's Guide To Disorderly Conduct In Wisconsin

Disorderly conduct is one of the most common charges in the State of Wisconsin where it is classified as a Class B misdemeanor. The crime is punishable by up to 90 days in jail and a $1,000 fine.

Defining Disorderly Conduct

One reason why these cases are so prevalent in the state is because it's relatively easy to bring the charge against someone. The crime has a very broad definition. In essence, behaving in any way that results in a disturbance can bring a charge. State statute defines disorderly conduct 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."

FAQs On Disorderly Conduct In Wisconsin

To help you understand disorderly conduct charges in Wisconsin better, we've assembled some of the top questions we receive about the charge.

• Can I Be Charged Even If I Didn't Disturb Anyone? Legally, yes, you can be charged even if no one complained. All that is required under state statute is that the behavior is one that tends to provoke a disturbance. You don't actually have to disturb anyone to be charged.

• Can Speech Alone Lead To A Charge? This is a tricky question to answer because it gets at our freedom of speech protections under the U.S. Constitution and laws under the Wisconsin criminal code, which could conflict. In general, charges can be applied to speech alone under certain circumstances. In State v. Day 243 Wis.2d 173 (2001), the court ruled that speech alone could lead to charges when it was 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..." In other words, if there is no purpose to the speech other than to cause a disturbance, you can be charged. Yelling “fire” in a crowded theater is one such example.

• What Happens If I Am Arrested For Disorderly Conduct? If you are arrested for a domestic dispute, then you will likely be taken to jail. If you are charged with a misdemeanor, you will be given an opportunity to post bond and be released immediately.

• I Have Received A Citation Labeled "Wisconsin Uniform Misdemeanor Citation." What Is That? The Wisconsin Uniform Misdemeanor Citation is much more than a ticket. It's a criminal charge and you or your lawyer must appear in court on the scheduled date or you'll be charged with Failure to Appear and a warrant will be issued for your arrest.

• What If I Am Carrying A Gun? Can I be charged with disorderly conduct? Simply carrying a gun in not considered disorderly conduct in Wisconsin. As long as you were not intending to batter or harm someone with the weapon, you cannot be charged with disorderly conduct.

• What Does It Mean If I Receive A "No Contact" Order Related To Domestic Disorderly Conduct? No contact orders mean you are prohibited from having contact with the other person(s) for at least 72 hours. It may also be referred to as a "72 Hour No Contact Provision." Making contact with the named person during that time can lead to new criminal charges.

Hire A Criminal Lawyer In Madison, WI To Fight Charges
Whenever you have been charged with a crime, it's best to hire an experienced criminal defense attorney. If you have been given a no contact order and cannot go home because of it, a criminal lawyer in Madison, WI can argue against the charge at your initial appearance so you can go home sooner. Even if you don't have a no-contact order to fight, a WI criminal defense attorney can help you understand your situation and guide you through the process.
At Eisenberg Law Offices, we tell clients what they can expect in court and in the days leading up to their appearances and help protect our clients' rights by securing the best possible outcome under the circumstances.
Contact a criminal lawyer at the Madison, WI law firm of Eisenberg Law Offices at 608-256-8356 to schedule a free disorderly conduct consultation today.
This post was originally published at http://www.eisenberglaw.org/firm-overview/articles/disorderly-conduct-wi-criminal-lawyer-wi/

Proving Fault In Wrongful Death Cases | Eisenberg Law

How To Prove Fault In A Wrongful Death Case

Wrongful death claims arise when a person dies due to another person's wrongful or negligent actions. The law allows family members of the deceased to file lawsuits in order to be compensated or collect damages if fault can be proven. Proving fault in order to win a wrongful death lawsuit requires the help of a personal injury attorney who can navigate the legal process and prove fault.
4 Elements To Proving Fault
The attorneys at Eisenberg Law Offices in Madison, WI work hard to prove four primary elements that are necessary to winning any wrongful death case:

1. Duty Of Due Care. The first element that must be proven is the duty of the defendant to provide due care for the victim. Although each case will have its own specifics, in general, due care means that a person has the responsibility to keep another person safe from harm, or had the duty to not bring harm to the other person.

2. Breach Of Duty. Once a duty of due care has been proven to exist in the case, the next step is to prove that there was a breach of that duty. For example, if the defendant was in the position of being able to protect the victim, but through their actions or inactions, did not, this could prove to be a breach of the duty of due care.

3. Causation. The third step in proving fault comes down to causation. If duty of care and a breach of that duty have been established then it must be proven that the breach actually caused harm to the individual or led to the victim's death. This can be a very complex and complicated part of the case.

4. Damages. If all three of the other elements have been proven, it then falls to our law firm in Madison, WI to prove that the victim actually suffered damages. In these cases, the death is sufficient enough to prove that damage was suffered.

Proving Fault Is Not So Straightforward
Even when someone has died, it is not so easy to prove that the actions of another person, and not an unforeseen circumstance, played a role in the death. Proving fault isn't guaranteed and there are plenty of defenses to claims of negligence.
To prove causation, our law firm in Madison, WI must prove that the defendant's negligence both caused the death and that any other occurrence that may have contributed to the circumstances had no impact on the death.

File A Wrongful Death Claim With Help From Eisenberg Law Offices In Madison, WI

Wisconsin state law allows spouses, children, parents, siblings, and grandparents to file wrongful death lawsuits but it must be done within a certain amount of time after the death. This statute of limitations is only three years from the date of death. If you wait longer than this you may be permanently barred from filing a lawsuit.
Timing is crucial. Contact our law firm in Madison, WI to discuss your case and what the next steps are to move forward with a lawsuit.
Call Eisenberg Law Offices at 608-256-8356 or schedule a free consultation online today.
This post was originally published at http://www.eisenberglaw.org/firm-overview/articles/proving-fault-wrongful-death-cases-eisenberg-law/

4th Offense OWI - Now a Felony in Wisconsin

A 4th offense OWI is now a felony in Wisconsin

Any OWI offense in Wisconsin carries significant penalties. As of April 25, 2016, though, a 4th offense OWI became even more critical: it now creates an automatic felony if you are convicted. Rather than an extra misdemeanor, the felony can be a burden when you are applying for a job or a loan. Thus, it is more important than ever to avoid multiple OWI convictions, and to get strong legal representation from a Madison criminal lawyer if you are arrested.
Costs to the Driver
A felony conviction carries big consequences for a driver. You can be fined up to $10,000 for the fourth offense. Further, your jail sentence can be up to five years, with a mandatory minimum of six months in jail, and you will have your license suspended for up to three years.
Of course, this creates significant strains on your ability to maintain your employment, take care of your family, and enjoy many other aspects of your life that you likely take for granted. A conviction will disrupt your life in ways that are difficult to overcome.
Defending Your Rights
Defending your OWI case begins with a thorough investigation. Your attorney will need to understand the timeline of events and what happened, including your consumption of alcohol, the alcohol testing procedure, and arrest. Mistakes by police can help you avoid conviction.
Beyond this, your attorney can recommend treatment and counseling for you. By the time you have reached a fourth offense, there is a strong likelihood that you need to get professional help. Besides helping you avoid convictions, your attorney should be helping to represent your best interests. Rather than continuing to fight over and over, getting help can move you toward a better life.
Further, affirmatively seeking treatment can help you gain some lenience with the court. Conviction on a felony 4th offense OWI seriously complicates your life. A good criminal defense attorney looks for avenues to not only help you in the moment, but to work within the justice system for solutions that benefit both you and the city in which you live.
This post was originally published at http://www.eisenberglaw.org/4th-offense-owi-now-felony-wisconsin/

Sexting Laws in Wisconsin

Understand Wisconsin's Sexting Laws

Sexting, the act of sending sexually explicit or nude images or text via a cell phone, is becoming more prevalent. As of 2015, Wisconsin's legal code treated sexting as part of its child pornography laws. While there is a movement to change that and give sexting its own set of penalties, the fact remains that sexting can get you into a lot of trouble with life-changing consequences. If you are being charged with sexting, you need the help of a sex crimes attorney in Madison WI immediately.
Current Laws
Wisconsin statute 948.12 covers possession of child pornography, which is a felony. Sexting falls under this definition because it consists of transmitting and possessing -- and just looking at something on an electronic device can be considered possessing -- explicit images or texts of at least one minor.
Because this definition of child pornography applies to anyone under 18, it's easy for two reckless teenagers to be caught up in a serious web of legal consequences, even if the sexting was completely consensual.
The state of Wisconsin recognizes to an extent that sometimes the laws on the books apply to situations they weren't originally meant to cover. If the offender is young enough, the case could be heard in juvenile court. There is a world of difference between two consensual teens and teens who were pressured or blackmailed into participating. However, it's still possible that juveniles could be labeled as sex offenders if convicted.
If one of the people involved is over 17, the consequences become much, much worse. Adult cases carry large fines and long jail sentences.
Changes in the Law
In the future, there may be new laws in place that carry more situation-specific penalties. These would prevent two naive teens from being labeled as sex offenders while still allowing more serious cases to receive harsher penalties. Until then, though, sexting will be treated as a sex crime regardless of who participates and why. If you have been charged with sexting, contact Eisenberg Law Offices to set up a consultation.
This post was originally published at http://www.eisenberglaw.org/sexting-laws-wisconsin/

What To Do When Someone is Arrested

Arrested in Wisconsin - what to do?

Dealing with the police can be risky if you don't know how to act, and that risk is magnified if the police are in the process of arresting you. You must know what to do if you or someone you know is under arrest so you can get a Madison WI lawyer and resolve the situation quickly.
Outward Behavior
Always be polite and try your best to remain calm. You want the police to treat you as someone who is not threatening and who will not create more immediate problems for them. The person who is under arrest, be that you or someone else, should not resist arrest.
However, you should ask specifically if you (or the person the police are concentrating on) is being arrested and if so, on what charges. Past that, and past showing the police your license and car registration if you were pulled over, you need to keep quiet except for:

• Stating you will not speak with the officer without your lawyer present.

Additional Treatment and Information
As soon as you can, record everything that happened and keep the record in a safe place. A copy should go to your lawyer. If you need medical treatment as a result of the arrest, the incident leading to the arrest, or anything that occurred while you were at the police station or jail, get that treatment as quickly as possible and get records of everything.
Obtaining a Lawyer
You must get a lawyer. Do not agree to do anything once you are in custody without speaking to your lawyer first, including participating in a line-up, answering questions, signing forms, giving consent to search your car or phone, or even volunteering information that the police might not have had. You do have the right to a lawyer, and you have the right to speak to that lawyer without the police listening in.
If you or someone you know has been arrested in Madison WI, you need to get a criminal defense attorney now. Contact Eisenberg Law Offices to set up a consultation as soon as you can.
This post was originally published at http://www.eisenberglaw.org/what-to-do-when-someone-is-arrested/

Taxation Of Injury Settlement In Wisconsin

Should You Anticipate Taxation Of An Injury Settlement?

If you have received compensation as part of a personal injury settlement, you may be wondering if you'll be required to pay taxes on the settlement award. In most cases, there is no taxation of an injury settlement, but there are, of course, exceptions to this rule.
When Compensation Is Not Taxable
In general, personal injury settlement compensation is not taxed by the state or federal governments. This is true whether the case was settled prior to going to court or if it was settled in court. The IRS specifically exempts settlements received for personal injuries or physical sickness from taxation.
Most personal injury awards compensate the victim for things like lost wages, medical expenses, pain and suffering, and attorneys' fees. None of these are taxable so long as they result from a physical injury or sickness.
When To Expect Taxation Of An Injury Settlement
As with most aspects of the tax law, there are exceptions to this general rule. For example, you may be taxed:

• On Damages. Damages related to a breach of contract if that breach caused your injury and the breach is the basis of your lawsuit.

• On Punitive Damages. Punitive damages are always taxable. If you are recovering punitive damages our Madison, WI law firm would ask the judge to separate the verdict into punitive and compensatory damages so you can provide that information to the IRS and avoid taxation on the compensatory damages.

• On Interest From The Judgment.

Consult Our Madison, WI Law Firm To Make Sure You Are Not Unduly Taxed On Personal Injury Settlements

The best way to avoid undue taxation is to ask your attorney to have the settlement award broken down by type in the settlement agreement. By having the dollar amounts and what the dollars were awarded for in writing, there is much less chance of the IRS mistakenly taxing you on a settlement resulting from a personal injury.
If you have additional questions or concerns about injury settlements, contact the Eisenberg Law Offices Madison, WI law firm at 608-256-8356 or online.
This post was originally published at http://www.eisenberglaw.org/taxation-injury-settlement-wisconsin/

Hazing Incidents | Personal Injury Attorney Madison WI

When College Fun Goes Too Far: Sue For Hazing With Help From A Personal Injury Attorney In Madison WI

Hazing is a ritual that is engrained in many fraternity and sorority cultures. But times change and what used to be considered "all in good fun" is now considered bullying, dangerous…and prosecutable. Fraternities and sororities that engage in dangerous hazing practices are finding themselves embroiled in lawsuits from injured recruits and their families.  Read the following information from Steve Eisenberg, a personal injury attorney in Madison WI to determine if you should consult a lawyer about your situation.
When Does Hazing Go Too Far?
Hazing is associated with pledging and often involves recruits being forced to perform strenuous and/or humiliating tasks in order to "prove their worth" and be accepted into a sorority or fraternity. Tasks may include the consumption of copious amounts of alcohol, forced activities, humiliation, and even physical abuse.
While most students recover from their hazing, some don't. Alcohol poisoning, fractures, broken bones, bruises, internal injuries, and even death occurs when hazing goes too far. Without serious injuries or obvious repercussions, it's difficult to say when hazing has gone too far. Many students don't say anything out of fear or embarrassment, making it difficult for schools to crack down on hazing practices.
When Can You Sue For Hazing?
In some regards, hazing is much like a personal injury case. There are several ways a claim can be brought forward - so long as an injury has occurred. Lawsuits can be brought against the organization doing the hazing, such as the sorority or fraternity, the college or university or individuals involved in the hazing.
Lawsuits Can Be Brought Under:

• Intentional Torts. Activities such as battery, assault, false imprisonment, and intentional infliction of emotional distress are considered intentional torts. Victims may sue for compensation for medical expenses, lost wages, pain and suffering and, in some cases, punitive damages.

Negligence. Claims of negligence are often targeted at schools or the overarching organization. Negligence occurs when someone fails to do something. In this case, fails to protect a person from harm.

Injured By Hazing? Talk To A Personal Injury Attorney At Madison, WI Eisenberg Law Offices

If you or a loved one has been injured by hazing, you should speak to an Eisenberg Law Offices personal injury attorney in Madison, WI right away. It's possible that you may be able to sue and recover damages to help pay for medical expenses or the pain and suffering you've endured at the hands of others.
Contact Eisenberg Law Offices at 608-256-8356 or request a consultation online to learn more about hazing lawsuits and discuss your situation.
This post was originally published at http://www.eisenberglaw.org/hazing-incidents-personal-injury-attorney-madison-wi/

Road Rage Assaults Can Lead to Serious Criminal Charges

Road Rage incidents explained by Madison WI Criminal Defense Attorney

Driving on busy highways and city streets can lead to tension between you and other drivers. Unfortunately, this sometimes leads to aggressive, dangerous driving that causes an accident or gives way to a physical altercation. If you assault a person in this situation, you become subject to criminal charges that go well beyond the costs of repairing the damage to your car and the car of the other driver. Our Madison WI criminal defense attorney provides insight to road rage incidents.

How Road Rage Occurs
Any time you drive a vehicle, you must understand the responsibility you have to other drivers. A car is dangerous, and if you let your temper get away from you, you endanger yourself and others. The result can be dangerous or even deadly.
Before you start driving, make sure you are mentally prepared. Other drivers will often cut you off, drive too close, or drive faster or slower than you prefer. Plan your schedule to account for this, and take a deep breath before you begin. You cannot control other people on the road, but you can control yourself.
Assault Charges
Sometimes, unfortunately, our moods make self control more challenging. When you engage in dangerous driving that causes an accident, you can be charged with assault or reckless endangering of the safety of another with your vehicle. Further, getting out of the vehicle and engaging that person physically subjects you to assault, battery, and disorderly conduct charges that lead to fines or jail time, depending on the severity.
In most road rage incidents, both drivers are at fault in some way. The more you can calm yourself, both while you are driving and after, the better your chances of avoiding problems. If you do let your anger get the best of you, though, step back and relax. If you get out of your car, calm down and take a deep breath before you address the other driver.
Finally, if you do let the situation get out of control, you will need legal help. Call Eisenberg Law Offices, and we will help you defend against assault, battery, or other road rage charges after a road rage incident.
This post was originally published at http://www.eisenberglaw.org/road-rage-assaults-can-lead-serious-criminal-charges/

Personal Injury: What Is Whiplash?

Whiplash - Car Accident Injury

Neck injuries occur frequently in car accidents. When your vehicle stops suddenly or takes impact from another vehicle, your body jolts in a way that puts strain on your neck and spine. This strain creates whiplash injuries, in which your head moves separately from the rest of your body and injures the neck.
Unfortunately, the full impact of this kind of injury does not set in right away. It might begin with soreness; in fact, you may not even feel it until your adrenaline subsides hours or days after the accident. This is one reason you should seek treatment after a car accident even if you do not feel an obvious injury.
How Whiplash Affects You
When your vehicle collides with another, your neck moves back and then forward, much like the motion of a cracking whip. This movement, from a stationary position, jolts your neck out of alignment. It may not be immediately apparent, but this impact on your body can lead to several other problems:

• muscle weakness and pain
• chronic pain in your body
• headaches
• blurred vision
• mental lapses

These settle in over time. While many other injuries require only rest and recovery time, getting treated for whiplash helps stem the tide of these effects and helps you recover faster.
Recovering Damages
Besides avoiding further complications, a medical diagnosis of whiplash can help you recover damages for the car accident injury you have sustained. The longer you wait, the more difficult the diagnosis, and the harder it becomes to get compensated for your medical care, any lost work wages, and other monetary losses that stem from the injury.
After sustaining a car accident injury, you should sit down with a Wisconsin personal injury attorney at Eisenberg Law Offices. We will help you understand your rights after your injury, help steer you toward proper care, and work hard to get you the compensation you deserve.
This post was originally published at http://www.eisenberglaw.org/personal-injury-whiplash/

Can I Sue if I Fall in a Store?

Slip and Fall Injury in a Store

If you fall in a store and suffer an injury, you can sue the store for damages, up to three years after the event occurs. Whether you win the case, though, depends on several factors. All of it hinges on the duties that the store owner has. If that owner is negligent, you have a right to recover for the injuries you sustain, as well as lost wages and other related damages you suffer.
Caused by a Dangerous Condition
If you trip over your own shoelace or fall for random reasons, you cannot recover from the store owner. There must be a condition in the store that caused you to fall: an unmarked wet floor, a loose board, a faulty display of goods, or some other issue present. A store owner has a duty to maintain the store in a safe way; if he does not, he is negligent.
Knowledge of Condition
The owner also must know about the condition in the store. If a customer in the store dropped a carton of eggs on the floor, and you slipped and fell on the eggs almost immediately after, that is probably not the owner's fault. The owner must have an opportunity to know about the danger. This does not mean the owner can choose not to inspect the store. A manager's knowledge of conditions will be imputed to the owner. Further, if the manager never looks at the floor or engages in routine inspections of the premises, that itself is negligent. If the owner or manager knows or should have known there was a problem, liability follows.
Failure to Repair
Finally, despite knowing about the condition, there must be a failure to complete the repairs needed. Again, if the condition developed quickly and the store owner has not had a chance to complete repairs, the owner may not be negligent.
After a slip and fall injury, the cause of the accident and negligence of the owner will be the crux of your legal case. A Wisconsin personal injury attorney can help assess your claim and enforce your right to recovery.
This post was originally published at http://www.eisenberglaw.org/can-sue-fall-store/

Fight Dog Bite Injury Claims

Do 'Beware Of Dog' Signs Legally Protect Dog Owners From Dog Bite Injury Lawsuits?

Dog owners can be understandably concerned about the potential for their pet to injure someone on their property. It's one reason owners post "Beware of Dog" signs on their property. But how much legal protection do such signs provide?
Posted Signs May Work For Or Against You
As with any personal injury lawsuit, a dog bite injury case is specific to the circumstances surrounding it.
Here's A Look At How The Sign Can Work Both Ways:

1. The Sign Works In Favor Of The Dog Owner. Posting the sign in a visible location can work in the owner's favor by showing that the victim knew there was a risk and voluntarily assumed it by getting close to the animal. A common defense in dog bite situations is that the sign was placed as a warning to prevent an attack from occurring in the first place, if the victim ignored that warning, he or she should be held responsible for the damages or injuries incurred.

2. The Sign Works Against The Dog Owner. On the other hand, posting a sign may suggest the owner knew about the danger their dog presented. Plaintiffs can then try to use the sign as evidence that the owner was aware of their dog's vicious propensities. This argument is particularly compelling if the dog has previously attacked someone.

Dog Owners Face Strict Liability In Wisconsin

In Wisconsin, dog owners are held strictly liable for damages resulting from a dog bite injury or attack. Owners must pay for damages incurred by a person that is bit by their dog.  Damage are doubled if the owner "was notified or knew that the dog previously caused injury to a person.”
The strict liability test is very difficult to get around if you're an owner. Strict liability means that the owner could be held liable for the injuries regardless of whether or not he or she actually did anything wrong or knew the dog was a danger. The law covers any injury caused by a dog.  It doesn’t have to be a bite.

Law Firms In Madison, WI Can Help Assess A Dog Bite Case

If you have been involved in a dog bite case, as a victim, consult law firms in Madison, WI for advice. A personal injury attorney can assess your situation and explain your legal options. Be aware that there is a statute of limitations for dog bite injuries in Wisconsin. You only have 3 years from the time of the bite to bring a lawsuit, so if you want to pursue a case, do it before time runs out.
Contact the personal injury attorneys at Eisenberg Law Offices at 608-256-8356 to schedule a free consultation today.
This article was originally published at http://www.eisenberglaw.org/firm-overview/articles/fight-dog-bite-injury-claims/

Eisenberg Law Offices Criminal Defense Lawyer For Forgery

Fight Forgery Charges With Help From A Criminal Defense Lawyer

Forgery is a felony in all 50 states and at the federal level as well. Although considered a "white collar crime", forgery is a serious offense that may involve any of the following: making, altering, using, or possessing false writing in order to commit a fraud. We often think of forgery as signing another person's name on a check, but it also includes things like using another’s credit card, creating counterfeit money, or even writing a bad check.
For a society like ours that relies on the use and exchange of trustworthy documents, forgery is a serious crime. It affects businesses, individuals, and government agencies. It's because of the far-reaching consequences of forgery that it is so severely punished across the entire country.
Definition Of Forgery
Forgery is defined in several ways under the Wisconsin State Statutes. The statute covers written and oral falsities with the key qualifying criteria being "intent to defraud" another person or entity.

Forgery Charges And Penalties

Forgery can be charged as a misdemeanor or a felony, depending on the situation and the amount of money involved. Penalties range from 9 months in jail and a $10,000 fine for misdemeanors to 6 years in prison and a $10,000 fine for felonies. Even people who don't actually alter the item, but who try to use it can be charged and convicted of forgery.
Proving Forgery
Prosecutors must prove several facts in order to get a forgery conviction. They must prove that the person or persons: made, altered, used, or possessed a false writing in an effort to defraud. Let's break that down:

1. Made, Altered, Used, Or Possessed. This is the first element of forgery. It's more all encompassing than what we typically think of as forgery, which is often just making false writings. Altering documents can misrepresent the person whose name was used and altering the documents can affect the legality of them - both of which have serious consequences. Using or possessing forged documents is illegal for obvious reasons.

2. A False Writing. It's important to note that not all writings will meet the definition of forgery. To be considered a forged document, the writing must have legal significance and be false. To have legal significance the item must affect legal rights and/or obligations. So while signing a doctor's name on a prescription would be considered forgery, signing a friends' name on a letter likely would not.

The writing must also be false. It must be made up or altered so that the changes represent something the writing actually isn't.

3. In An Effort To Defraud. The final piece of the puzzle is the intent or effort to defraud another person or entity. This qualification actually helps to protect people who unknowingly pass forged items or documents from liability. Without intent, there can be no conviction.

A Criminal Defense Lawyer At Eisenberg Law Offices Can Help You Fight Forgery Charges

Being charged with forgery is a very serious situation that requires the assistance of a criminal defense lawyer. Even if you have not been charged but are concerned how forgery laws affect the situation you find yourself in, consultation with a criminal defense lawyer is a smart move. Our attorneys will evaluate your situation and give you advice for moving forward.
Call Eisenberg Law Offices at 608-256-8356 to schedule a free consultation.
This article was originally published at http://www.eisenberglaw.org/firm-overview/articles/eisenberg-law-offices-criminal-defense-lawyer-forgery/

What is “drug paraphernalia”? What is “possession of drug paraphernalia”?

Charged with Possession of Drug Paraphernalia in Wisconsin?

In Wisconsin, drug paraphernalia can include anything that you could use to grow, cultivate, or use illegal drugs. It can include pipes, needles, scales, and razors, among other items. The statute does not define clearly what constitutes paraphernalia. A wide range of objects can be deemed to be drug paraphernalia. On the other hand, the statute requires that, to be guilty of possession of paraphernalia, you must have some intent to use the device for illicit purposes. If you have been charged with possession of drug paraphernalia, a Criminal Attorney in Madison WI to discuss your case.

Understanding the Statute
The statute outlawing possession of drug paraphernalia states that any possession with intent to use an item to ingest controlled substances is illegal. This can include razors, credit cards, or virtually any hollowed out object that allows for drug use. Because of the breadth of what can qualify, this charge usually comes with a charge for possession or use of the drug itself.
The primary requirement in the statute is intent. The circumstances and surrounding evidence make a difference in whether intent can be inferred. A credit card next to a baggie of cocaine, for instance, provides a greater likelihood of a finding of intent than a credit card in your wallet in another room.
Possession Charges Outside of Direct Use
You do not have to be using drugs directly to be arrested for possession of drug paraphernalia. If you have items on hand to help grow, manufacture, or ingest a controlled substance, that can be enough to trigger the statute as well. Thus, evidence that you are growing marijuana or manufacturing crystal meth, for example, can bring attendant items under the statute.
If you are charged with possession of drug paraphernalia, it can carry significant consequences in addition to any other drug charges you face. You need strong legal representation to help defend yourself. Eisenberg Law Offices can help protect you.
This post was originally published at http://www.eisenberglaw.org/possession-drug-paraphernalia/

What Is a Preliminary Hearing?

Your right to a Preliminary Hearing in Wisconsin

The state of Wisconsin offers those charged with a felony the right to a preliminary hearing, also called a prelim or preliminary examination. This portion of the court case happens early, within 10 to 20 days of the defendant's first appearance in front of the judge, depending on whether the defendant is in custody or not. What happens during a prelim is often a source of confusion for people who haven't been through it before. The criminal lawyers at Eisenberg Law Offices can walk you through the process and let you know what to expect.

Gatekeeping
In a way, the prelim is a gatekeeping function performed by the court. This is the time for the court to see if the case in question has enough evidence to actually go to trial. If the case is approved for trial, it's said to be bound over for trial.
Anyone involved in a felony case should be aware that hearsay is allowed during the preliminary hearing.
What Happens in a Prelim?
As mentioned, the state will provide some evidence, possibly including brief testimony from a witness, often a police officer. The defense has a chance to cross-examine the witness as well.
You too can have witnesses testify for you at a prelim, but again, now that hearsay is allowed, any defense testimony would come down to we-said-they-said. And if that happens, the court generally has to send the case to trial. Note that credibility of witnesses is not something that's considered at a prelim.
Additional Steps
After a prelim that results in being bound over for trial, there is an arraignment. This gives the state a chance to modify charges, and it gives the court a chance to ensure the defendant knows the exact charges against him or her. The arraignment is the point at which a plea, such as not guilty, is entered with the court.
This is a simplified look at preliminary hearings; in practice they contain a great amount of detail and require the help of a competent attorney. Please contact Eisenberg Law Offices to discuss representation for your case.
This post was originally published at http://www.eisenberglaw.org/what-is-a-preliminary-hearing/

Personal Injury Claims: How to Document Expenses

Document your Personal Injury expenses if you plan to make a claim

An accident can have effects that last much longer and reach much farther than you could ever imagine. One accident is all it takes to turn your life upside down. While monetary compensation can't bring back lost time, it can certainly help ease the financial burdens placed on you. However, you must document everything carefully. Here's how to document personal injury expenses so you and a Wisconsin personal injury lawyer can get you the compensation you deserve.

• Property damage: Photographs, insurance claim forms, and records of your correspondence with your insurance company are all necessary forms of documentation. Your insurance company will likely have photos as well; speak to your agent about getting copies. All correspondence should be in writing.
• Medical costs: Copies of all medical bills and photos of injured body parts are necessary to document the medical side of the accident. Record your travel expenses as you go to and from medical appointments. Also keep a journal, starting as soon as you can; many injuries show up on a delayed timeline, and your journal noting growing aches and pains could be valuable.
• Work losses: If any time was lost from work, be it time away from an office job or the loss of a freelance project, keep records of those as well. Print out all email correspondence and get copies of time-off slips from work.
• Emotional effects: In addition to a record of your physical aches, keep a record of any emotional effects you now have, even if it's been a while since the actual accident. For example, if you were rear-ended by a fast car, and you now panic if you see a car approaching from behind, note that. You could receive emotional damages.

You should also contact a personal injury lawyer as soon as you can. The lawyer will help you organize your documents and logs, along with fighting for proper compensation to make up for all your losses. Contact Eisenberg Law Offices to set up an appointment.

This post was originally published at http://www.eisenberglaw.org/personal-injury-claims-document-expenses/

Criminal Lawyer Madison | Reasonable Search | Dog Sniff

A Criminal Lawyer In Madison Explains What Constitutes Probable Cause For Conducting Dog Sniff Searches In Wisconsin

As we mentioned in a prior blog post, motorists are protected from unreasonable searches and seizure unless the officer has probable cause for doing so. If he or she has probable cause, a search may be legally conducted. This includes dog sniff searches to look for drugs that may be present in the vehicle.
But what constitutes probable cause in this situation? In the case of dog sniffing searches, probable cause can include anything that might tip off the officers that drugs are in the car. This may include:

• Smell or odor or drugs emanating from the vehicle.
• Evidence of drugs or drug paraphernalia in sight within the vehicle.
• Other suspicious behavior.

Every situation is different. In some cases, the odor may be enough to warrant probable cause. In others, the officer may need more evidence before there is enough probable cause to justify a search.
Reasonable Suspicion Must Exist
Whenever a driver is stopped, searched, and arrested, one of the first defenses a criminal lawyer will try will be to claim that the evidence uncovered in the search was obtained illegally. That is to say, that there was no reasonable probable cause to warrant the search that uncovered the evidence and therefore, the evidence should be thrown out.

Mount A Defense To Dog Sniff Searches With Help From A Criminal Lawyer In Madison

If you have been charged with a drug crime as a result of evidence obtained during a dog sniff search, contact a criminal lawyer at Madison's Eisenberg Law Offices for a free consultation. It's possible your search was improperly conducted and there may be ways to suppress the evidence against you and have your case dismissed.
Call us at 608-256-8356 or request a consultation online to discuss your case.
This post was originally published at http://www.eisenberglaw.org/criminal-lawyer-madison-reasonable-search-dog/

Slip And Fall Damages | Personal Injury Attorney Madison WI

Determine The Worth Of Your Slip And Fall Case: Hire A Personal Injury Attorney In Madison, WI

Suing after a slip and fall injury is a fairly common occurrence, especially when the victim's life has been irrevocably changed as a result of the incident. But is it always worth it? In some cases, yes. In others, no. Before you get your hopes up that a lawsuit will bring a windfall, consult Eisenberg Law Offices, a personal injury attorney in Madison, WI.
Our personal injury attorneys have decades of experience pursuing slip and fall claims and can help you determine if a lawsuit is in your best interests.
An Injury Does Not Automatically Guarantee A Settlement
One important point to keep in mind: simply suffering an injury in a slip and fall case isn't enough to win a settlement. Recovering damages in a situation requires both an injury to the victim and negligence on the part of the property owner. The four elements of negligence: duty, breach, causation, and harm, must be proven before compensation is possible.
Determining What Your Suffering Is Worth
Once you are certain you have a case, your next question might be to wonder how much you can expect to receive from a settlement. In other words, how much are your injuries and suffering worth?
There aren't any hard and fast ways to put a valuation on injuries. Your Eisenberg Law Offices personal injury attorney in Madison, WI will ask questions and investigate things like:

• The nature and extent of the injuries and the patient's current and future outlook. Severe and permanent injuries generally result in higher awards.

• The plaintiff's unique situation. How is his/her earning ability affected? How does the injury affect his/her family obligations?

• Will the plaintiff accept a settlement or go to trial? Trials bring higher risk but also the potential for higher rewards.

Taken together, this information can help your attorney determine how much you can expect to be compensated for your injuries.
Consult An Eisenberg Law Offices Personal Injury Attorney In Madison, WI
Only an experienced personal injury attorney can determine if it is worthwhile to pursue a slip and fall case and give you an idea of what your recovered damages may be. Contact Eisenberg Law Offices at 608-256-8356 or request a consultation online to discuss your case.
This post was originally published at http://www.eisenberglaw.org/slip-fall-damages-personal-injury-attorney-madison-wi/

Madison DUI Attorney discusses Implied Consent in Wisconsin

Blood Alcohol Concentration test - Madison DUI attorney provides advice

If you are stopped by a police officer for operating a vehicle while intoxicated, you may initially want to refuse a blood, breath, or urine test for blood alcohol concentration. Unfortunately, though, that does not usually help you. The reason for this is Wisconsin's implied consent law. This law provides that in Wisconsin, anyone who is arrested with probable cause to believe he or she is intoxicated is required to submit to a test of his or her blood alcohol concentration.
Defining Implied Consent
Ordinarily, consent means you actively choose to allow something to happen. And if you are stopped for suspicion of operating under the influence of alcohol, you have an initial choice of whether to consent to a blood, breath, or urine test. If you do not give your consent, the police officer will issue a refusal citation, which carries a loss of driving privileges for up to three years, regardless of whether you are convicted of OWI.
Probable Cause
If a police officer determines that he or she has probable cause to believe you are operating a vehicle while intoxicated, you are subject to arrest. The officer can make a determination of probable cause on many factors. Driving erratically, slurred speech, an odor of intoxicants, admitting to drinking, or failing a field sobriety test all provide reasons for the officer to arrest you. Refusal to take field sobriety tests can also provide probable cause for the officer to arrest you.
The Benefits of Cooperation
Whether you are pulled over while driving or simply approached while sitting in a running car, the police officer has the ability to arrest you if he or she suspects you have been drinking. Be polite and respectful, and if you are arrested, contact Eisenberg Law Offices for help with your OWI case.
This post was originally published at http://www.eisenberglaw.org/implied-consent-wisconsin/

Who Is Liable If My Child Is Injured at School?

Personal Injury Attorney Madison WI discusses School Injuries

Across the country, injuries happen at schools every day. Most of these are minor, the kinds of bumps and bruises that do not even slow your child down. But when something more serious happens, you need to know where to go for help. Depending on the severity of the injury and how it occurred, the school and other individuals involved may be liable to you for damages. A Madison WI personal injury attorney helps you determine who is responsible for your child's school injuries.

The School
Your child's school has a duty to provide a safe place for all of its students. If it fails to do so, and its failings result in your child being hurt, it will be liable for damages. This can include the school knowing of a bully who presents dangers to other students, knowing about faulty playground equipment, or serving your child food that it knows is unsafe.
This includes not only what the school actually knows, but also what it should know. The school is responsible for information that you provide, and information that its teachers should know. Injuries that come from dangers it was in position to know about create the grounds for a finding of negligence, and liability for the school.
Individuals at the School
If someone at the school acts recklessly or willfully to hurt your child, this also creates liability. A teacher or aid who physically injures a child, through actions that are negligent, dangerous, or intentional, creates liability for that person in addition to what the school faces.
Parent of the Child Who Caused the Injury
Finally, if another child hurts your child, the parents of the minor child causing the injury face liability. The parents of a school bully are therefore liable for up to $5,000, plus reasonable attorney's fees, for each incident that results in victims' injuries under Wisconsin law.
When school injuries go beyond the everyday accidents kids get in to, you need to know how to protect your right to recovery. Contact Eisenberg Law Offices for help getting the recovery you deserve.
This post was originally published at http://www.eisenberglaw.org/liable-child-injured-school/

What to Bring to Your Personal Injury Legal Consultation

Personal Injury Lawyer Madison WI identifies facts to know for your case

When you suffer a personal injury, you probably know you should consult a lawyer who can help protect your rights. But the lawyer does not work magic that advances you directly from an injury to a settlement or a verdict in your favor. Your results depend on the facts of your individual case, and how those facts work to demonstrate the liability of those responsible for your injury. The attorney conducts an investigation to help bring the helpful facts forward, but you can assist immensely by being prepared before you visit.
Medical Records
After any accident, you should seek medical assistance immediately. You need to take care of yourself before you worry about anything else. Once you have the care you need, you should collect all the documentation of your diagnoses, treatment, and prognosis. This evidence is important to establishing the severity of your injuries and the damages that you are entitled to recover.
Accident Report
If you are involved in an auto accident, the police create a report of the incident. Always call the police after a car crash. Similarly, if you are injured on the property of a business, the company generally prepares paperwork that outlines the facts that led to the injury. These routine, official reports provide valuable insight into the accident and help your attorney develop your case. Further, they can serve as evidence if your case goes to trial, so giving your attorney a head start in reading official reports helps move the ball forward in case preparation.
Notes
Finally, any notes that you write down after you are injured become invaluable to your attorney. Over time, your memory of specific details will fade. It may be months or even longer before your case goes to trial, so your written account matters. It gives you something you can use to help your memory and gives your attorney a fresher understanding of what happened.
The more prepared you are when you visit your Madison WI personal injury attorney, the more he or she can do to assess your case and get you the recovery you deserve.
This post was originally published at http://www.eisenberglaw.org/bring-personal-injury-legal-consultation/

Calculating Assault Damages | Injury Lawyers Madison

Injury Lawyers In Madison Discuss: How Much Money Can I Be Awarded In A Lawsuit For Assault?

Securing monetary damages for an assault involves the civil court system. The civil courts allow victims to sue their attackers for money. How much is awarded in an assault case varies greatly from case to case and even from state to state. In Wisconsin, your best course of action if you want to try to sue an attacker for damages is to consult with injury lawyers in Madison.
Understanding Damages
Damages, or monetary awards, are allowed in personal injury cases. Damages are absolutely essential to proving an injury claim. There are different types of damages that can be awarded in assault cases:  compensatory and punitive.

• Compensatory damages are an attempt to make the victim whole or return him or her as closely as possible to where they were before the injury happened.
• Punitive damages are awarded when the attacker intentionally and maliciously causes harm and are used to deter similar conduct from happening again.

Calculating injury damages is always determined on a case-by-case method. The damages that are awarded depend on the type and severity of the injuries sustained, the circumstances surrounding the incident, any medical expenses incurred, the long-term affects on the victim's health and well being, and even time lost from work.
All of these factors must be considered to arrive at fair compensation. While the immediate medical expenses and loss of wages are simple to determine, what is not so simple to figure out are any future medical costs and the pain and suffering the victim has and will go through as a result of the assault.

Consult Injury Lawyers In Madison To Determine Damage Estimations

Injury lawyers can help you organize and present your case. These attorneys are skilled at estimating damages, gauging the likely success of a case, and understand any special state limitations or caps on damages. An experienced personal injury attorney will be your advocate and will fight for your right to be compensated for your injuries, pain, and suffering.
If you have been injured by an assault and believe you are entitled to damages, contact the personal injury attorneys at Eisenberg Law Offices at 608-256-8356 or request a consultation online.
This post was originally published at http://www.eisenberglaw.org/calculating-assault-damages-injury-lawyers-madison/

Eisenberg Law | Madison Attorneys | Disorderly Conduct

Consult Madison Attorneys To Fight Wisconsin Disorderly Conduct Charges And Penalties

Disorderly conduct is a broadly written law in Wisconsin. This means the charge can cover many behaviors, some of which surprise even seasoned Madison lawyers, and it certainly can come as a surprise to the accused.
If this sounds familiar, you'll want to speak with the Madison attorneys at Eisenberg Law Offices to defend yourself against the charges, which include fines, penalties, and jail.

Disorderly Conduct In Wisconsin

A charge of disorderly conduct can arise as the result of many actions in Wisconsin. The crime can be committed by engaging in "violent, abusive, indecent, or unreasonably loud conduct" that tends to disturb or provoke others. While many actions can fall under this definition, the one thing that unites them is the fact that they tend to upset, anger, or annoy others.
While vague and open to interpretation, charges of disorderly conduct can still have long-lasting and far-reaching consequences. Disorderly conduct is classified as a Class B misdemeanor. It is punishable by up to 90 days in jail and fines of up to $1,000.
Similar Disorderly Conduct Laws
Similar and sometimes grouped in the same category as disorderly conduct is Unlawful Assembly. Unlawful Assembly is considered an offense against the public peace. You can be charged with unlawful assembly if you are a part of a group that tried to block access to buildings, roadways, schools, property, or dwellings. Failure to disperse when requested could lead to a Class A misdemeanor, up to 9 months in jail, and fines as high as $10,000.

Contact Eisenberg Law Offices' Madison Attorneys For Disorderly Conduct Representation

To fight disorderly conduct charges, you'll need the help of our Madison attorneys. Your attorney's job will be to demonstrate to the court that your actions did not fall under the definition of disorderly conduct and therefore, you should not be convicted of disorderly conduct.
Call 608-256-8356 to speak with an attorney at Eisenberg Law Offices today. Our attorneys will review your case, tell you what to expect, and give you an honest assessment of your situation.
This post was originally published at http://www.eisenberglaw.org/eisenberg-law-madison-attorneys-disorderly-conduct/

Law Firms In Madison WI Explain Search And Seizure

Consult Law Firms In Madison, WI To Determine The Legality Of OWI Traffic Stops And Searches

One of the first questions law firms in Madison, WI will consider when a client comes to them with an OWI (operating a motor vehicle while intoxicated) traffic stop and search case is whether or not the stop and search was legal. There's no clear-cut answer as to the legality of such searches because every traffic stop is different with unique circumstances surrounding it.
OWIs Do Not Require A Search Warrant
The general public is made to understand that search warrants are required in order for police to search their property, but that protection doesn't extend to vehicular searches. In cases involving vehicles, police only need "probable cause" to conduct a search right then and there. "Probable cause" is one of those intentionally vague legal terms that necessitates that each case be examined individually to determine if the search was legal or not.
Even so, police must still have some facts or evidence upon which to base their search. Law firms in Madison, WI are in agreement: you cannot be stopped and undergo a search for no reason at all.
Examples Of Probable Cause
If you are pulled over by a police officer, he or she must have a reason for stopping you. In the case of OWI, stops are usually initiated based on police observation of your inability to drive the vehicle, a traffic or equipment violation. Probable cause in those instances are things like: swerving, weaving, erratic or dangerous driving.
Once the officer has stopped you and engaged in conversation, probable cause for a search may arise. This might include the sight or smell of alcohol or drugs, but it can even be a seemingly innocent answer to a question the officer has asked you. The most common of these questions is, "Do you know why I stopped you?" While this may sound like a reasonable way to begin a conversation, it's also a way for the officer to obtain an admission of guilt from you ("I was weaving."). Once you admit guilt in this manner, he or she has even more probable cause to search you and the car.
Searches After The Stop
If the officer has deemed that probable cause exists, it's likely that both you and the car will be searched. This is especially true if you have been arrested. If you have been arrested it is perfectly legal for the officer to conduct a search of your person. The law even considers it reasonable since doing so:

• Disarms suspects,
• Preserves evidence, and
• Ensures officer safety.

During a search officers can:

• Order you and your passengers to exit the vehicle.
• Ask for your drivers' license, vehicle registration information and proof of insurance.
• Search the vehicle in order to obtain the VIN number.
• Use a K-9 unit to sniff for any illicit substances.
• Frisk the driver and passengers for weapons under certain circumstances.
• Search the vehicle if the officer establishes probable cause that there may be illegal substances or items within it.

Protect Your Rights With Help From Law Firms In Madison, WI

Even though vehicle searches don't qualify for the same search and seizure protections as property searches, drivers still have rights and police officers must respect those rights. If you think your OWI stop and search was conducted illegally, contact the criminal defense attorneys at Eisenberg Law Offices in Madison, WI.
Call 608-256-8356 to schedule a free consultation today.
This post was originally published at http://www.eisenberglaw.org/firm-overview/articles/law-firms-madison-wi-explain-search-seizure/

Car Accident Attorneys Help With Lawsuits And Settlements

After An Accident: File An Insurance Claim Or Pursue A Lawsuit With Help From Car Accident Attorneys?

If you've been involved in a car accident you might automatically assume it's time to file an insurance claim. But that's not always the best course of action. Sometimes a lawsuit and trial will get you a better settlement than accepting the insurance settlement.
Deciding whether or not to sue someone after being in a car accident is a big decision and one that isn't entered into lightly. Consulting with the car accident attorneys at Eisenberg Law Offices in Madison is the best way to decide if suing the other driver for damages is the right course of action.
Arguments For Suing The Other Driver
The biggest reason drivers pursue lawsuits against the other driver is because they hope to obtain a higher settlement in court than what they could obtain by dealing directly with the insurance provider. Simply going through the typical insurance claim process might not result in enough compensation to cover all of your expenses, like medical bills, lost wages, pain and suffering.
It's also possible that settling with the insurance company too early in the recovery process will result in inadequate compensation for your needs. Insurance companies are businesses and business try to protect their bottom lines, often by settling early and for lower amounts than are reasonable.
In either of these cases, it might be in your best interests to take the other driver to court to attempt a more favorable settlement. Car accident attorneys are wonderful resources in these types of situations. They will look at the evidence, your injuries and damages, any medical bills you've incurred, and any lost wages or change in lifestyle that has occurred as a result of the accident. Armed with all of this information, a seasoned attorney can advise you on your best course of action: sue or file a claim.
2 Actions To Take, No Matter What
Whether you ultimately end up suing the other driver or not, you should still document everything and speak with a car accident attorney.
Insurance companies and car accident attorneys will want as much evidence as they can get in order to move forward and make decisions on your situation. Make sure you take pictures of the scene of the accident and the resulting damage, keep copies of all related bills and expenses like property damage and medical bills, and keep a running tab of any wages you're missing out on by being laid up with an injury. All of this information can be used as evidence to bolster your case and increase your settlement offer. It also provides you with some hard numbers so you can see just how much damage you've sustained and how much money you should receive.
Speaking with car accident attorneys is a good idea whether you pursue the matter in court or through an insurance claim. When a lawyer represents you, you have an expert on the law explaining the facts and advocating for you. They know what to say and how to say it, which can give you more leverage during negotiations and improve your chances of obtaining a more satisfactory settlement.
Deciding To Sue
So, do you sue or not? Start your decision-making by considering the total economic cost of the accident to you. You should be able to determine this based on the evidence you've collected and your attorney's insights. You want to recover at least this amount of money. If the insurance settlement offer is less than your total economic cost, you have a big incentive to take the other driver to court.
Car accident attorneys specialize in these types of disputes and have a clear idea of how much you could obtain by going to court. You can compare that to the settlement being offered by the insurance company and decide which route is the best course of action for you.

Eisenberg Law Offices - Car Accident Attorneys Are Here For You

The car accident attorneys at Madison's Eisenberg Law Offices are experienced attorneys who will fight hard to secure you adequate compensation for your total losses - both economic and non-economic.
Contact Eisenberg Law Offices at 608-256-8356 to schedule a free consultation.
This post was originally published at http://www.eisenberglaw.org/firm-overview/articles/car-accident-attorneys-help-lawsuits-settlements/

Checklist: What to Do if You're Pulled Over for OWI in Wisconsin

Criminal Defense Attorney Madison WI provides these tips if you are pulled over for OWI in Wisconsin

Being pulled over by police never feels comfortable. If you have been pulled over for operating a motor vehicle while intoxicated (OWI), it can be downright scary. The consequences for a conviction are severe, and can affect you for years to come. You can help yourself even before finding a criminal defense attorney Madison WI by following some basic guidelines.
1. Pull Over Carefully
You need to keep yourself calm and pull over as though this is just a routine stop. If you do not, you risk providing probable cause for the police officer to require a sobriety test, search your vehicle, or arrest you on the spot.
2. Remain Calm
Similarly, take a deep breath and relax. Sit up straight and respond to the police officer's questions respectfully. While you don't want to talk excessively, you need to answer any questions asked. Erratic behavior will only create suspicion, and potentially create probable cause. Look the officer in the eye and be polite.
3. Cooperate
While you may refuse the field sobriety test, you need to be polite and respectful in doing so. Usually, it's best to take a break or to submit if requested by police. Moreover, you may be arrested when you refuse. This can be embarrassing and frightening, but you need to cooperate with the officer arresting you. Never fight or resist the police. You will lose the battle.
4. Contact an Attorney
As soon as possible, contact a criminal defense attorney in Madison, Wisconsin. You need to understand your rights, and have someone protecting them. The consequences of an OWI conviction in Wisconsin are severe, so you need someone on your side sooner rather than later.
If you have been arrested for OWI in the Madison area, you should not leave your fate in the hands of the police or take it on yourself. Contact the professionals at Eisenberg Law Office; we have the experience and ability to protect you in an OWI case.
This post was originally published at http://www.eisenberglaw.org/checklist-pulled-over-for-owi-wisconsin/

Madison WI Attorneys - Top Causes of Personal Injury to Children

Madison WI Attorneys discuss the top causes of Personal Injury to Children

The injury of a child is a terrifying thing. Even a minor injury can seem so much worse because of the child's size and comparative fragility. Unfortunately, personal injury in children is all too common, and not just in the form of scrapes after falling off a bike. The Centers for Disease Control has statistics on the leading causes of fatal and non-fatal injuries for different age groups. For kids, the results show a high number of preventable causes.
Statistics for 2014
For children, the leading causes of unintentional non-fatal injuries were falling, being hit by something, bites and stings, overexertion, cutting, and motor vehicle accidents. Unintentional fatal injuries included motor vehicle accidents, drowning, and suffocation, among others.
Sometimes these are due to true accidents, but in all cases, the cause -- and whose responsibility it was for preventing the accident -- need to be investigated. The police need to rule out malicious intent (murder disguised as an accident is not just a mystery novel trope), but they also need to see the chain of events, and that's where Madison WI attorneys come in.
Liability and Punishment
At the heart of the matter is negligence. Was this something that could have been prevented? How easy would it have been to prevent the accident? For example, a faulty part in a car leading to the car going out of control and hitting a child could be the carmaker's fault (because of the defective part), or it could be the fault of the parents of the child (not watching the child and letting him or her run onto a busy street).
Establishing liability is crucial if the case is going to court. In the above example, you don't want to blame the driver if the car malfunctioned beyond the driver's control and the child ran out into the street at the wrong moment while the driver was using all best efforts to stop the car. On the other hand, you don't want to blame the parents if the driver was drunk and couldn't take the right actions to stop the car, instead swerving onto the family's lawn.
If your family has been unfortunately involved in an accident that resulted in injury to a child, contact Madison WI attorneys before going to court. This is a delicate situation that requires skill and tact.
This post was originally published at http://www.eisenberglaw.org/top-causes-personal-injury-children/

Criminal Lawyer Madison defines Drug Transportation

Criminal Lawyer Madison WI answers the question: What is drug transportation?

Getting involved with drugs is never a good idea to begin with, and getting involved to the point where you're delivering them is even worse. Any distribution of a drug can get you charged with possession with intent or delivery of a drug. A criminal lawyer in Madison can help you if you are charged with delivery or possession with intent to deliver a controlled substance.
Distribution and Trafficking
Distribution of drugs is what it sounds like: selling drugs you know are illegal. While some might say you could claim the drugs were yours (thus reducing the charges to mere possession), if the police think otherwise, you could face delivery charges.
Penalties vary. It's difficult to predict exactly what you'd face in court as a penalty should you be convicted because the type of drug, the amount, and the circumstances in which it was found -- not to mention the general attitudes of the particular police and judge you deal with -- can all influence the outcome of your case.
Professional Help
Attitudes toward drugs may be changing in the country, but that does not mean you'll be able to mount a self-defense based on popular opinion. You need to have a good criminal lawyer helping you navigate the courts. If you are in need of a good criminal lawyer, Madison residents can contact Eisenberg Law Office to arrange for a consultation.
This post was originally published at http://www.eisenberglaw.org/criminal-lawyer-madison-defines-drug-transportation/

4 Questions to Ask Madison Personal Injury Lawyers

Madison Personal Injury Lawyers can answer your questions

Personal injuries happen every day, in crashes on the road, in the home, and out in the community. If someone else's negligence or recklessness caused your injury, you should see a lawyer to help determine your rights. The lawyer will ask questions to help him or her understand your situation. But this is also your chance to learn. During your initial meeting, you should ask any potential Madison personal injury lawyers some basic questions.

1. How Long Have You Practiced?

A new attorney can do a good job for you. But many aspects of trying a case involve understanding the law and the court system. This puts an experienced lawyer at an advantage. You should look for legal representation from someone who can give you the benefit of his or her experience.

2. Have You Handled Cases Like Mine?

Not all experience is created equal. If you are injured in an auto accident, someone who has had twenty years drafting wills, but has tried few accident cases may not be as prepared for your case as someone who has spent ten years trying auto accident cases. Your case has specifics that will differentiate it from others, and you need Madison personal injury lawyers who can deliver what you need.

3. What Should I Expect?

Some lawyers will try to tell you the case is easy, or that you have nothing to worry about. Confidence is a good thing, but you should go in with open eyes. There are no sure things in litigation, and your Madison personal injury lawyers should never tell you otherwise. You should also have a chance to be involved in the process; your attorney should make this a dialogue rather than dismissing your questions or concerns.

4. What Strategy Do You Recommend?

Here too, you should both have a chance to be involved and get a sense that your attorney has a strong plan. Some lawyers try immediately to get a settlement on injury cases, even before they fully understand the case or your injuries. The best lawyers hold settlement as one possibility, but do not depend on it while they gather facts and prepare.
If you have been injured, Eisenberg Law Offices has the experience and expertise to represent your interests. Contact us today to find your best Madison personal injury lawyers.
This post was originally published at http://www.eisenberglaw.org/4-questions-ask-madison-personal-injury-lawyers/