Madison Law Firms Explore Domestic Violence

Madison Law Firms Explore The Basics Of Domestic Violence in Wisconsin

Domestic violence remains a serious legal issue across Wisconsin and for Madison law firms. Under its broadest definition, domestic violence is a single act or pattern of abusive behavior in a domestic relationship. A domestic relationship may exist between people who are:

• Dating
• Married
• Divorced
• Roommates
• Former roommates
• Parents to a common child
• Expecting a child in common, or
• Related by blood or marriage

Under Wisconsin law, a person may be convicted of domestic abuse or domestic violence by committing:

• Battery/injury
• Sexual assault
• Inflicting pain or fear

In some states, committing battery against a family member is punished more severely than if the crime were committed against a non-family member. This is not the case in Wisconsin unless the offender has multiple prior convictions. However, there are other special rules and procedures to be aware of under Wisconsin domestic violence laws.

Special Considerations Under Wisconsin Domestic Violence Laws

• An Arrest May Be Required. In Wisconsin, an arrest may be required. Police officers must arrest and take defendants into custody if he or she has reasonable grounds to believe that the defendant has committed domestic abuse and:
  • The continuation of abuse is likely,
  • The victim has evidence of physical injuries, or
  • The defendant is the predominant aggressor/abuser.

• Offenders Cannot Be Released. Once an offender has been arrested, he or she cannot be released until posting bail or being seen by a judge.

• It Is A Crime To Violate A Restraining Order. Officers are required to arrest and take into custody anyone who is in violation of a restraining order. Anyone who is the victim of domestic violence can file a temporary restraining order. Violating a temporary restraining order or final injunction can result in up to 9 months in jail and fines of as much as $1,000.

• The Defendant May Not Have Contact With The Victim. Unless the victim has signed a written waiver, anyone who has been arrested for domestic abuse cannot have contact with the victim and must stay away from the victim's residence or temporary place of residence for 72 hours after the arrest. Violating a no contact requirement is punishable by up to 9 months of jail time and fines of as much as $10,000.

• Deferred Prosecution Is A Possibility. Prosecutors can decide to defer, or hold off on, prosecuting a defendant in certain cases. Under these circumstances, the prosecutor agrees to hold off on prosecution for a certain period of time as long as the defendant agrees to comply with certain conditions. The advantage of this approach is that at the end of the set period of time, charges may be dismissed - so long as the defendant has fulfilled his or her obligations. If the defendant does not fulfill the obligations set forth, prosecution can resume at any time.

• Definition Of A Repeat Offender. A person is considered a repeat offender if he or she:
  • Commits domestic abuse within 72 hours of being arrested for a domestic abuse incident, Or
  • Has been previously convicted of two crimes within 10 years for which the court could impose the special domestic violence fee.

• There Is A Domestic Violence Fee. Anyone who has been convicted of domestic violence must pay a $100 fee.

Madison Law Firms Provide Legal Assistance For Those Charged With Domestic Violence

Charges of domestic violence can have long-lasting and serious consequences for individuals and entire families. Anyone who is charged with domestic violence, arrested for domestic abuse, or served with a restraining order should contact Madison law firms for help right away. A domestic violence attorney can objectively evaluate your situation, provide you with advice, guidance, and support, and help defend you against the charges.

Contact the domestic violence attorneys at 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/madison-law-firms-explore-domestic-violence/

Baby Seat Injuries - How Personal Injury Attorneys in Madison WI Can Help

Baby Seat Injuries: How Personal Injury Attorneys in Madison WI Can Help

Parents want to do everything to keep their children safe, but what if parents don’t know their child is in danger? 96% of parents think that their child’s car seat is installed correctly when actually 72-84% of child seats are not used properly. The types of misuse include having the wrong seat for your child’s height and weight, having loose straps on the child, or having a car seat that is expired.  However, injuries can also occur because of defects in safety seats. Personal injury attorneys in Madison WI can evaluate your case to see if a defective safety seat was at fault. Let the experienced lawyers at Eisenberg Law Firm help.

Statistics: 

For children ages 1-13, car crashes are the leading cause of death

For children less than one year, the risk of a fatal accident is reduced by 71% when using a safety seat and 54% for children 1-4 years of age

In children ages 4-8, the risk of serious injury can be reduced by 45% with the proper use of a booster seat

Proper seat belt use is shown to reduce the risk of serious injury by 50% in older children and adults

Manufacturer defects:

What happens when the parents do everything they are supposed to do and the safety seat still isn’t very safe? This happens when the manufacturer of the safety seat has a defect with their product. Having a defective baby seat is not only scary, but can be life threatening. If an accident occurs and the child safety seat does not work like it should and there is a defect with the device, the manufacturer could be held responsible.

If you or your child were injured because of a defective safety seat, contact the professionals at Eisenberg Law Firm; a personal injury attorney in Madison WI. They will assess your case and see if you have a claim. Getting into a car accident can be very stressful, especially if a child is involved. The personal injury attorneys at Eisenberg Law can help. Don’t do this alone.

This post was originally published at http://www.eisenberglaw.org/baby-seat-injuries-personal-injury-attorneys-madison-wi-can-help/

Drunk Driving - Criminal Defense Lawyers Can Help

Caught Drunk Driving? Criminal Defense Lawyers Can Help

The state of Wisconsin has the highest drunk driving rates in the nation. In 2010 for example, there were over 44,000 cases of people driving under the influence of alcohol. The legal blood alcohol content (BAC) is .08 but decreases to .02 for the fourth offense or greater. If you are caught with a BAC above this amount, you can count on some pretty serious consequences.

In Wisconsin if you are caught driving under the influence, you will receive an OWI (operating a vehicle while intoxicated) instead of a DUI (driving while under the influence). Receiving an OWI will be significantly more stressful. You will face fines, license revocation, and jail time if it’s your second offense or greater.

Getting an OWI is something that may follow you for the rest of your life, so make sure you have the best criminal defense lawyers in Madison Wisconsin on your side. At Eisenberg Law firm, we have experienced lawyers who are ready to handle your case.

Penalties: (penalties vary on number of offenses)

Fines: Fines range from $150 to $300 for your first offense, plus court costs. Fines increase dramatically with each subsequent conviction.

Jail time:  There is no jail time for the first offense. Jail time may range between 5 days and 12 years for repeat offenders.

License revocation: your license will be revoked for 6 to 9 months on a first offense. Repeat offenders may have their license revoked for 18 months to 3 years.

An OWI/DUI can be devastating; the criminal defense lawyers at Eisenberg Law Firm are here to help. If you have been charged with an OWI in Madison Wisconsin, contact the professionals at Eisenberg Law Firm today. Having a DUI/OWI on your record could affect the rest of your life. We are here to help you during this difficult time.

This post was originally published at http://www.eisenberglaw.org/drunk-driving-criminal-defense-lawyers-can-help/

Personal Injury Attorney Madison WI - Eisenberg Law

Consult A Personal Injury Attorney In Madison, WI For Negligence Claims

Anytime an unexpected injury happens at a place of business, there's the potential for a personal injury lawsuit to be filed. However, just because there's been an injury doesn't mean there's an actual case.

Take a recent case in Virginia. A mother is suing an amusement park for $1 million after one of the rides left her 2-year old son with a serious brain injury. In the filing, the parent claims that the child suffered a fractured skull after exiting the ride and subsequently being hit by one of the ride cars, falling and fracturing his skull. The child has lingering health issues and significant medical expenses. The mother has decided to sue the park for negligence as a result. Does she have a case?

In this post we'll take a look at what is needed to prevail in a claim of negligence.

Proving Negligence

It's difficult to ascertain whether the family has a case or not without knowing the full details of the incident. In general, for a negligence case to be proven, the plaintiff must demonstrate that the defendant "had a duty to act with reasonable care" in the situation. The plaintiff must also demonstrate that injuries occurred as a direct result of the defendant's violation of that duty.

In the case of the amusement park accident, it is likely to be found that the operator of the ride had a duty to operate the ride in a reasonably safe way. If he/she didn't operate the ride in a safe manner, he/she could be found guilty of negligence. But that's not all. A finding of negligence on the part of the operator could also create liability for the park owners through the legal doctrine of "respondeat superior". This doctrine holds employers liable for negligent acts committed by their employees so long as the employee's negligence occurred during the course of employment.

Defending Against Negligence 

There are many possible defenses to a negligence claim including assumed risk or that the actions of the defendant somehow contributed to his/her injuries. The specific facts of the case will dictate defense options, which is why it is so important to consult a personal injury attorney before pursuing a negligence claim.

Consult A Personal Injury Attorney At Madison WI Firm Eisenberg Law Offices For Negligence Claims

If you or a loved on has been injured by what you believe to be another's negligence, contact Eisenberg Law Offices for a free consultation. Speak with a personal injury attorney in Madison, WI to find out if you have a case and to evaluate your options by calling 608-256-8356.

This post was originally published at http://www.eisenberglaw.org/personal-injury-attorney-madison-wi-eisenberg-law/

Eisenberg Law Madison Attorneys Explain Probable Cause

Madison Attorneys Explain Probable Cause For Drug Possession Arrests

Most convictions for drug possession or drug trafficking come about due to a police officer's search and seizure efforts. One key factor in these cases is whether or not the officer had "probable cause" to conduct the search in the first place. Under U.S. law, an officer can only conduct such searches if they have good reason to believe drugs are present. Otherwise, they are in violation of the U.S. Constitutional protections against unwarranted search and seizure.

Our Madison attorneys take a look at what constitutes probable cause and when the courts may deny probable cause.

Conducting The Search

A recent case, State of Wisconsin v. Demario Derrick Foster, highlighted an example of when police officers do not have probable cause and it's worth examining. Foster was on trial for multiple drug offenses and moved to suppress evidence by arguing that the officers lacked probable cause for the search they conducted of his person.

The situation began with two informants who brought Foster to the attention of the local police. According to the informants, Foster kept a handgun and drugs on his person. Since Foster was previously convicted of felonies, this was illegal. A sting operation was conducted in which the informants purchased crack cocaine from Foster. The sting appeared to be a success. The informant returned with the purchase to police officers, which then led to the officers arresting and searching Foster. During the search, they found marijuana and cocaine on Foster.

A Motion To Suppress Is Granted 

At trial, Foster's attorneys moved to suppress the evidence gained during the search and seizure. This motion was denied by the circuit court, but was later granted by the court of appeals. The court agreed with Foster that the police did not have sufficient evidence to conduct a search because they had not personally observed the transaction taking place, rather, they only had the word of the informant to go on. As a result, the evidence was suppressed and Foster's conviction reversed and remanded.

This is a good example of how evidence obtained during a search and seizure can be suppressed. There was no direct confirmation by police that the transaction occurred. Without this confirmation, officers were relying on the statements of informants, which are not always considered reliable enough to support probable cause.

Madison Attorneys Can Help You Fight Drug Charges

The Madison attorneys at Eisenberg Law Offices can help you fight drug charges. If you believe your rights were violated due to unjust search and seizure or lack of probable cause, contact our office at 608-256-8356 to arrange a free consultation. There are many defenses and remedies possible in search and seizure cases and we are here to help you exercise and protect your Constitutional rights.

This post was originally published at http://www.eisenberglaw.org/eisenberg-law-madison-attorneys-explain-probable-cause/

Hire A Personal Injury Lawyer In Madison WI

Brain Injury Lawsuits: How Much Is Your Case Worth?

As a leading resource for clients seeking a skilled personal injury lawyer in Madison, WI, the team at Eisenberg Law Offices has an extensive history with brain injury cases. We have seen firsthand that brain injuries can happen at anytime, to anyone. While some activities, such as extreme sports activities and physically exerting events, increase the odds of a head injury, the unfortunate fact is that these types of injuries can occur in even seemingly benign circumstances. A minor collision, a work-related incident, and even a simple fall can often cause an injury with life-changing consequences.

What To Expect After Suffering A Head Injury

Head trauma can negatively affect the brain in a wide range of ways. Depending on the force of impact, many victims suffer from brain bruising, inflammation and even tearing. While the brain is a highly resilient, complex organ capable of remarkable recovery, sometimes long-term disabilities are inevitable. Some victims find themselves suffering from irreversible mental and physical impairment.
If you, or someone you know has suffered damages due to head trauma, it's imperative to protect your rights. A personal injury lawyer in Madison, WI will work with you to understand the specifics of your accident.

Determining Compensation For A Brain Injury

As with any type of personal injury case, determining a specific value for injuries can prove challenging. Your personal injury lawyer in Madison, WI will work with you to outline your damages.
Your personal injury lawyer in Madison, WI will outline some very specific categories to identify a value for your claim. If you were employed at the time of the accident, your attorney will consider lost wages as well as the impact your injury has on future earning capabilities. However, a skilled attorney won't stop there; she will also consider other key compensatory components. Your overall medical costs will be included in your cases. Not only should you tally what you've spent for treatment to date, you will also want to include future expenses as well. Additionally, pain and suffering as well as loss of quality of life/enjoyment should also go into the final value pursued in your case.

Do You Need A Qualified Personal Injury Lawyer In Madison, WI?

If you've suffered a brain injury, Eisenberg Law Offices can ensure your rights are protected. Our team of reputable attorneys can help you determine the overall damages you've suffered and seek the compensation to which you are entitled. Call us at 608-256-8356 for a free consultation or to set up an appointment to discuss the specifics of your claim.

Accident Attorneys Fight For Compensation

How Much Can A Passenger Recover After A Car Accident?

An automobile collision can create a wide range of expenses. However, if you were not the cause of the accident, you have rights. The best way to protect yourself and ensure that you get the compensation you deserve is to partner with reputable car accident attorneys in Madison WI.  No matter how minor or major the collision, your lawyer will help you recover what you are entitled to after a car accident.

Types Of Expenses To Consider After Your Collision

Accident attorneys will work with you to put your case together and determine the compensatory value on your loss and injuries. Your accident attorneys will consider:
Medical Expenses
If you weren't at fault for your accident, you may be entitled to medical expense reimbursement. This goes beyond treatment you've already paid for; you will also want to consider future medical bills you may incur due to the collision. A physician can offer a professional opinion on what future treatment may be necessary.
Income Loss
Many car accident victims find that they have lost income throughout the healing process. Like your medical expenses, income loss is both a cumulative and future denomination. Accident lawyers tally what you've already lost, as well as set a value for what you will lose in the future due to the collision and the physical limitations you may be suffering from.
Pain And Suffering
Even minor collisions can result in long-term physical damages. Beyond your medical bills, chronic and/or reoccurring pain brought on by the incident brings with it a compensatory value. Pain and suffering can often be hard to prove; your lawyers will understand how to legally maximize what you recover in this category.
Emotional Distress
Many passengers in a car accident suffer from emotional distress after the event. It's important to consider any psychological effects your collision has had on you. Do you find yourself struggling with ongoing anxiety? Insomnia? Fear? Do you have PTSD?  These factors can all be components of emotional distress and worthy of compensation in your case.
Don't Go It Alone; Contact Eisenberg Law Offices Today
A car accident can forever change your life. Don't go through this traumatic time alone; contact Eisenberg Law Offices today. Our team of accident attorneys has extensive experience with collision victims. We can help you seek compensation for your injury, medical expenses, and physical/emotional consequences. Call us at 608-256-8356 for a free consultation.

This content was originally published at http://www.eisenberglaw.org/firm-overview/articles/accident-attorneys-fight-compensation/

 

Find Leading Law Firms In Madison WI

Bike Accident Injury: Insurance Claims And Legal Options

As one of the leading law firms in Madison, WI, Eisenberg Law Offices often consults with victims of a bike accident. Oftentimes, cyclists don't realize that they have legal options if they've suffered from bike injuries incurred during a collision. It's our job to ensure they know their rights and how to best put together a claim to pursue compensation for their damages.
What To Know If You Get In A Bike Accident
If you've suffered injury during a bike accident, you may be entitled to file a personal injury claim with the other driver's insurance company. Knowing the steps to take when the accident occurs can help you protect your rights. Treat your bike accident as you would an automobile accident. Take action at the scene of the collision. Call 911 and request medical care if you require it. Also, this is the time to get the personal and insurance information of the driver. Ask for the driver’s name, address and telephone as well as insurance company name and policy number.
You will also want to determine if there were any witnesses to your accident. Once police arrive on the scene, you will want to point witnesses out to law enforcement so they can give their statement. You may also want to ask for their contact information so you have it ready for your legal team.
If you are physically able, take photos of the accident site at this time. Use your cellphone if you don't have access to another camera. Take pictures of damage to both the bike and vehicle. Also photograph street signs, skid marks, and other periphery damage that may have occurred due to the accident. Now is the time to take notes on any comments made to you by the driver. Did he apologize? Take responsibility at the scene? These details may prove admissible in a court of law.
Remain Calm At The Scene Of Your Bike Accident
The most important thing to remember during an accident of any kind is to remain calm. Never discuss fault. Instead, stay focused on the details of the incident. Treat your bike accident with the same severity as you would any other type of collision. Staying calm will help you gather the information you need for your legal team to pursue the next steps on your behalf.
As one of the region's leading law firms in Madison, Eisenberg Law Offices can help you put together your bike accident injury case. Contact us today for more information.

This content was originally published at http://www.eisenberglaw.org/find-leading-law-firms-madison-wi/

 

Use Injury Lawyers In Madison WI

Dog Bite Injuries: Do You Have A Case?

If you've suffered dog bite injuries, you should consult with injury lawyers in Madison as soon as possible. Many bite victims instantly assume that they have a case; however, this isn't necessary true. It's critical to discuss your specific incident with injury lawyers in Madison to determine if you do have a legitimate case  as well as what to expect throughout the claim process.

Injury Lawyers In Madison Will Consider A Wide Range Of Factors

During your consultation, injury lawyers in Madison will go through the specifics of your claim. Every state has its own distinctive set of laws regarding dog bite cases. However, there are some general basic details that need to be discussed, no matter where your incident occurred. The first thing attorneys will determine is the overall extent of your injuries. You will be asked if your wounds warranted medical attention as well as the cumulative cost for treatment. Your legal team will also inquire about long-term physical damages and limitations you've encountered due to the incident.
Reputable legal firms will also want to talk about pain and suffering as well as emotional distress endured due to your injuries. Your attorneys will ask if resulting trauma from the bite has had an impact on your lifestyle. Do you find yourself riddled with inexplicable anxiety and fear? Are you avoiding certain situations based on the bite? These and other questions will be asked to determine if you have a case to pursue.
Additionally, beyond your injuries, your attorneys will also want to know the details of the event. They will want to know where the incident occurred. It's also important to know who owns or keeps the dog that attacked you. Once the owner has been identified, your lawyers will work to determine if yours is an isolated case, or if the animal has bitten others. A dog with an established history of attacks can strengthen your claim and increase your compensation value.
Are you still unsure if you have a dog bite case? Consult with Eisenberg Law Offices; our personal injury lawyers can help you decide if a lawsuit makes sense for you.
This content was originally published at http://www.eisenberglaw.org/use-injury-lawyers-madison-wi/