Probable Cause And OWI In Wisconsin - What You Should Know

Wisconsin OWI laws - was there Probable Cause to Arrest you?

The term "probable cause" is one you've likely heard several times in your life, but it can be a vague concept until you find yourself faced with charges related to operating while intoxicated, or OWI. The purpose of probable cause is to ensure that an officer's investigation of you is justified and not the result of a hunch or random suspicion. The legal requirements surrounding probable cause can help you get charges dropped if those standards are not followed.

Defining Probable Cause

Probable cause is what it sounds like. The officer must have a reasonable suspicion, based on something you're doing, that an illegal activity is taking place. In other words, if you're sober and driving normally, obeying all laws and staying in your lane without weaving, an officer can't pull you over and question you about an OWI.
The officer must establish that something you were doing was out of the ordinary or that you committed a traffic violation. For example, if you were weaving in and out of lanes while driving, the officer would have probable cause to stop you and see if you were intoxicated.

How Probable Cause Can Help You

If you wind up facing charges, you need a lawyer to determine why the officer stopped you in the first place. Again, using the example of driving normally: If the officer stated that you were driving normally, but he just got a bad feeling about you, that's probably an illegal reason for stopping you.
With proper legal representation, you could even get the charges dropped if the lawyer can prove the officer had no reason to stop you. However, each situation is different. Contact Eisenberg Law Offices to have a lawyer evaluate your case.
This post was originally published at https://www.eisenberglaw.org/probable-cause-owi-wisconsin-know/.

What Is a Contingency Fee?

Personal Injury Case - Contingency Fee

The ability to arrange for contingency fees when working with a lawyer has helped many people find justice when they do not have enough money to pay for legal fees up front. While not every law firm offers contingency fee agreements, many do. If you need help with a lawsuit or other legal matter, and you do not think you have enough money to hire a lawyer, you are not out of luck at all. You only have to find a law firm that accepts contingency cases.

How Contingency Fees Work

If you and your lawyer have agreed to handle payments on a contingency basis, you don't pay the lawyer anything until you win your case and get an award. That means that the lawyer doesn't require payment until the other party has paid up.
Both you and the lawyer you work with need to agree on and sign a contract that details the fee contingency percentage. If there are additional fees that the lawyer wants you to pay, such as expenses related to gathering evidence, the contract should state what those fees are. The contract needs to be as specific as possible.
Do not enter into a contingency-fee case until you have a signed contract in writing. Verbal agreements will not do; any good lawyer is going to require everything in writing.
Don't give up prematurely if you don't have the money to hire a lawyer for your personal injury case. Contact Eisenberg Law Offices to discuss contingency-fee arrangements, and get to work on your case.
This post was originally published at https://www.eisenberglaw.org/what-is-a-contingency-fee/.

What is Implied Consent in Wisconsin?

Understanding Implied Consent for Wisconsin Drivers

Police officers in Wisconsin who suspect someone of operating while intoxicated (OWI) will pull that driver over to confirm their suspicions. This may involve a field sobriety test and a breathalyzer test. You may have heard that you should refuse the test. Unfortunately, that is not true. Thanks to Wisconsin's Implied Consent law, your choices are extremely limited once you've gotten behind the wheel after drinking or taking drugs.

What Is Implied Consent?

In most cases, "consent" means you agree to do something. Implied consent is different. Anyone driving in Wisconsin is deemed by law to have given consent to a breath, blood, or urine test for blood alcohol content if the officer has probable cause to believe that you are under the influence. It doesn't matter if you don't want to take the test; you consented by law as soon as you started to drive. You don't get to contact an attorney before the test, and you don't have a right to say no.
But What if You Refuse?
Refusing to take a breathalyzer or other blood alcohol test carries serious consequences. Testing above the legal limit can lead to penalties including a fine, jail time, and a license suspension of six to nine months for your first offense. But refusing to take a test carries a full year license suspension for your first offense, and gets treated as admission of guilt. You gain no benefit, and stand to lose a great deal from refusing a breathalyzer when a police officer requests it.
Getting Legal Help
While no good comes from refusing to be tested, you can get legal help after an OWI arrest. You may be able to contest whether the officer had probable cause to arrest you or whether the test was properly calibrated. You may alternately be able to negotiate a lesser penalty or plead to a lesser charge. If you are pulled over under suspicion of OWI in Madison, Wisconsin, cooperate, take any test requested, and then call Eisenberg Law Offices. Our experienced attorneys will give you the best defense available for your OWI charges.
This post was originally published at https://www.eisenberglaw.org/implied-consent-wisconsin-2/.

Aspects of a Personal Injury Claim - Depositions

Personal Injury Case Deposition - what to expect?

The discovery process in a personal injury lawsuit gives both attorneys the opportunity to understand the facts at issue. Part of this depends on documents; the police report, accident pictures, and other paper evidence will come in. But one of the most important pieces of the process is the deposition. If you are injured, the other side will want to depose you before trial. The process can be nerve-wracking, but it also gives you an opportunity to tell your story before you have to testify in court.
What Is a Deposition?
The deposition is essentially an interview that the other attorney conducts with you. He or she will meet with you, usually in your attorney's offices, to sit and ask you questions about yourself and the case. The questions typically start with general information about you and then move to the specifics of the case. The attorney may ask broad or narrow questions, with the idea of understanding you and what your testimony will be at trial.
What You Need to Do
The most important thing to remember at a deposition is to tell the truth. You are testifying under oath, so anything you say will be treated as truth. And if you change your answer to any question between deposition and trial, the attorney will use it to suggest that you are not being truthful. Beyond this, keep your answers limited to what the attorney asks you. Remember that he or she is ultimately trying to get information to use against you at trial, so stay on point and stop after you have answered the question.
How to Prepare
A deposition may make you nervous. But if you take the time to practice and prepare with your lawyer, you will get through the experience. Practice waiting to respond so your attorney can make any objections he or she has, and review your notes from the accident. If you stay on track and prepare well, you have nothing to fear from the deposition experience.
This post was originally published at https://www.eisenberglaw.org/aspects-personal-injury-claim-depositions/.

Consultation Checklist - What You Should Bring

What to bring to your Personal Injury Attorney consultation

Understanding your rights after a personal injury starts by finding legal help. Every day, Eisenberg Law Offices helps people get the compensation they deserve for injuries in the Madison, Wisconsin area. But for many, the dilemma comes not in deciding to retain an attorney, but in knowing what to take to your consultation. With that in mind, before you arrive to your appointment, take a look at this checklist to make sure you are prepared.
What You Need
Some items really are important to evaluating and preparing for your claim. This includes identifying information and some basics to help us get started:

• Your driver's license
• Auto and health insurance cards
• A police or accident report
• Copies of any bills you have received related to the accident
• Any correspondence with insurers or other parties
• Photos of the accident scene, damaged vehicle, and injuries

All of these will help us understand who you are and give us a starting point from which to investigate your claims. This can give you a significant boost in getting started.
Other Items to Bring
Ideally, you will have taken notes after your accident or injury, and maybe collected some additional documentation. We can get the following later, but your providing them will help us immensely in moving forward for you:

• Names of others involved in the accident or injury
• Any notes you took after the accident
• Names and contact information for witnesses
• Names of all the people and facilities that treated you for injuries
• Contact information for insurance adjusters with whom you've spoken
• Paystubs from work so we can understand economic losses

A personal injury lawsuit, like any other lawsuit, depends ultimately on the facts of your case. The more information you can provide, as to what happened and how it affects you, the more quickly we can evaluate your case. If you have been injured, take care of your needs first. But take the time to prepare to meet with us. The more we know, the sooner we can preserve your rights and get you the recovery you deserve.
This post was originally published at https://www.eisenberglaw.org/consultation-checklist-bring/.

What to Do After Witnessing a Car Accident

Car Accident Witness - what should you do?

When you are injured in a car accident, you have to take steps to protect yourself and preserve your rights, including contacting a personal injury attorney. But what if you witness an accident? You may be the person most able to ensure authorities get accurate information about the accident. But as a witness, you need to be careful.

1. Stay Safe

If you see an accident, you need to pull over to a safe location. Don't approach too closely; you don't know whether the accident creates a safety hazard: fire, explosion, or even just dislodged parts of the vehicle. Find a spot sufficiently clear of the accident, pull over, and carefully exit your car.

2. Get Help

If anyone has been injured in the accident, time is of the essence. You should never assume that everyone is okay, or that someone has called the authorities. Call 911 to get a police officer and any needed paramedics to the scene. If someone else has already called, you do no harm by calling as well. And if no one else has been able to call, you just may save someone's life.

3. Stand Back

You may be tempted to try to help the victims of an accident. This is a good, humanitarian impulse, but unless you are a trained medical provider, you risk doing more harm than good. Once you contact medical professionals, you should keep yourself safe and wait for qualified help to arrive. By doing so, you protect yourself and those involved.

4. Make a Statement

When the police arrive, they will start by taking statements from everyone they can who was involved in the accident. But if their statements differ, your impartial statement can help clarify what really happened. Wait for long enough to make your statement, then jot down some notes to make sure you remember. Insurers, lawyers, or police may call on you later to verify what you saw.
Accidents happen every day, in Madison, Wisconsin and across the country. When you stop and follow the right process, you help those involved recover and obtain justice.
This post was originally published at https://www.eisenberglaw.org/witnessing-car-accident/.

Traumatic Brain Injury Signs And Recovery

Recovering From A Traumatic Brain Injury (TBI)

A concussion is more than just a bump to the noggin.  It is actually a specific type of traumatic brain injury, typically caused by a bump, blow, or jolt to the head. These types of injuries can occur anytime the head and brain are forced to move in a quick back-and-forth motion. Because concussions are rarely fatal, they are often written off by doctors as a "mild" brain injury, but research has shown that the effects can be significant and quite devastating.
Symptoms
A concussion can present itself in a number of ways. Sometimes, symptoms show up immediately.  At other times, they are delayed and may present themselves days, weeks, or months after the incident occurred. Some symptoms are subtle, others are quite noticeable. Symptoms vary from case to case, but typically fall into at least one of the following four categories:

• Thinking & Processing: Symptoms include trouble thinking clearly, lack of concentration, mental "fog", trouble remembering, and an overall feeling of mental slowness or lethargy.

• Physical: Physical symptoms include headaches, nausea and/or vomiting, dizziness, balance problems, blurry vision, fatigue or lack of energy, and sensitivity to bright lights or noise.

• Emotional: These symptoms can manifest as sadness or depression, irritability and moodiness, nervousness and anxiety, or experiencing emotional extremes. In severe cases of traumatic brain injury, there can be changes in personality.

• Sleep-Related: People who have concussion symptoms may sleep more or less than usual and/or have difficulty falling asleep.

Danger Signs
The vast majority of people who suffer a concussion make a full recovery, but these injuries still require medical attention. Head injuries can cause blood clots to form on the brain, which can lead to a host of other, more serious, problems. Signs that warrant medical attention, include:

• Numbness, noticeable weakness, or decreased coordination
• Headache that becomes worse and does not subside
• Repeated vomiting or prolonged nausea
• Slurred speech
• Cannot be woken up from sleep or appears very drowsy
• Cannot recognize people or places
• One pupil is larger than the other
• Convulsions or seizures
• Increasingly more confused, restless or irritated
• Unusual behavior
• Loss of consciousness

Infants and children may exhibit other signs and behaviors such as an unwillingness to nurse or eat and inconsolable crying.
Recovery
Recovery from a brain injury of any kind takes time. It often depends on the severity of the injury and the person's age and overall health. Rest and lack of stimulation are the best ways to promote recovery since it allows the brain a chance to heal. Avoiding activities that can cause or aggravate the concussion is another recovery strategy.
Recovery involves more than just physical recovery. There are strong emotions associated with such injuries and there may be financial demands that put added stress on recovery. People who have suffered a traumatic brain injury because of someone else's negligence may be entitled to compensation for the damages they have sustained. This compensation can help a victim recover financially and help reduce the mental stress associated with being off of work and having mounting medical bills.
The personal injury attorneys at Madison's Eisenberg Law Offices help brain injury victims navigate the legal process to secure compensation that can help them recovery from their injuries. If you or someone you love has suffered a brain injury, contact our firm for a free case evaluation. Call 608-256-8356 or email Info@EisenbergLaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/traumatic-brain-injury-signs-recovery/.

Drug Charges And Positive Test Results | WI Criminal Defense

It Is Possible To Challenge Drug Charges And Positive Test Results

It is easy to lose hope when facing drug charges based on positive test results, but a favorable outcome is possible with help from a skilled criminal defense attorney. The key lies in having patience, persistence, and the legal know-how to present your best case.
Legal Advice Is Critical To A Successful Outcome
Drug charges in Wisconsin can range from misdemeanors to felonies, but even in seemingly impossible situations, it is possible to find hope for a successful outcome. An experienced defense attorney will be able to provide many benefits to your case including:

• Advice
• Analysis
• Legal Expertise
• Access to Expert Witnesses
• Evidence Collection
• Negotiation Skills

Defending Against Positive Test Results
Some of the most damaging evidence in DUIs, OWIs, or when facing drug charges are positive drug test results. Law enforcement officers may conduct DUI testing on the spot. Home or vehicle searches may lead to the discovery of drug paraphernalia, which can then lead to drug testing. If the results are positive, you may feel your hopes diminish, even if you know you didn’t take any drugs.
There are defense strategies to counter these types of results.

• Challenge The Results: False positive results can and do happen. If your results come back positive and you know for a fact that there were no illegal drugs in your system, ask your lawyer to hire an expert to analyze the evidence. It's possible the test results were impacted by something completely innocent like medications or medical procedures. Getting rid of damaging evidence will go a long way towards protecting you.

• Persistence: Court cases can be long and difficult battles. It is imperative that you have an attorney representing you who believes in you and is willing to fight for your rights despite obstacles and long timeframes. It is equally as important for the defendant to commit to the long haul and trust in their attorney to advocate for them.

• Negotiation Skills: It's rare for a case to not involve negotiations. A skilled negotiator can mean the difference between a prison sentence and a lesser penalty. Your attorney can argue against circumstantial evidence, ask for leniency based on a clean record, question police procedures, and argue many other legal points to secure your best outcome.

• Experience: There is no substitute for experience. Defense attorneys who are familiar with the Wisconsin legal system and the specific charges you face have a higher chance of obtaining a desirable outcome. Seek out an attorney who has worked on cases similar to yours and understands the nuances of the law as it relates to drugs, drug tests, and/or test results.

Don't Let Test Results Get You Down
Do not be discouraged after receiving positive test results in an OWI or drug case. With help from an experienced attorney it is possible to secure a favorable outcome.
The criminal defense attorneys at Eisenberg Law Offices will work hard to achieve the best possible outcome for you. We have successfully defended clients against drunk driving and related charges for over 30 years, helping them achieve better and brighter futures.
Contact our team at 608-256-8356 or Info@EisenbergLaw.org to arrange a free consultation.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/drug-charges-positive-test-results-wi-criminal-defense/.

Wire Fraud Charges | Wire Fraud Defense | Eisenberg Law

Facing Wire Fraud Charges In Wisconsin? Here's What You Need To Know

Wire fraud is considered a white collar crime. It is categorized with similar non-violent crimes that involve money such as theft, embezzlement, and counterfeiting, among others. Wire fraud is also a federal offense, so fines and penalties are severe.

Defining Wire Fraud

Wire fraud is similar to other types of fraud like bank fraud or check fraud; all are intended to defraud other people of money. The difference is wire fraud is committed using interstate wires or communication lines and devices like landline phones, cell phones, and computers. Wire fraud includes scams like telemarketing fraud, phishing, malware, or spam related schemes.

Elements Of Wire Fraud

You may find yourself facing wire fraud charges if:

• You created or participated in a scheme to defraud another person(s) out of money
• You did so with the intent to defraud/did so voluntarily
• You used interstate wire communications to commit the act

You can be charged with wire fraud even if the transaction fails. Just the attempt to defraud another person can lead to charges.

Defense Against Wire Fraud Charges Is Possible

It is possible to mount a strong defense against the charges with an experienced criminal defense attorney by your side.
In order to be convicted, the prosecution must prove several things such as:

• You acted with intent to defraud others of money, property, or other valuables
• You were a voluntary and knowledgeable participant in the scheme

Proving these things can be difficult and provides an opportunity for your Wisconsin criminal defense attorney to argue points and present evidence in your favor.

Fight Allegations Of Wire Fraud With Eisenberg Law At Your Side

The risks are very high when it comes to federal crimes. If you are charged with wire fraud you need legal representation from an attorney who has experience in fraud and criminal cases. Contact the fraud defense attorneys at Eisenberg Law Offices for a free case assessment at 608-256-8356 or at Info@EisenbergLaw.org.
This post was originally published at https://www.eisenberglaw.org/wire-fraud-charges-wire-fraud-defense-eisenberg-law/.

Injury Lawyers In Madison Look At Sports Injury Lawsuits

Injury Lawyers In Madison Look At 7 Common Questions Regarding Sports Injury Lawsuits

Sports are serious business in Wisconsin. Whether it is small-town Little League or a Monday night Packers rivalry game, we love to watch and play sports. Like anything else, there's a chance for injury during any sporting event; and while the chance is usually higher that participants will be the ones to get hurt, spectators can find themselves getting injured as well.
What kinds of protections are in place for athletes and spectators who become injured as a result of a sporting event?

Listed below are some of the top questions our injury lawyers in Madison hear every year.
Common Questions Regarding Sports Injury Lawsuits

1. If I Am Injured At A Sporting Event Can I Sue? While there is some assumption of risk when you attend sporting events, personal injury lawsuits can be filed if there was clear negligence on the part of the team or event management.

2. What If My Kid Gets Hurt During While Playing Sports? Despite advances in safety gear and training techniques, 1 in 10 kids gets hurt playing sports. Prevention remains the best medicine in these cases. Proper training and equipment, as well as paying attention to the child's complaints of aches or pains is the best way to prevent injury.

3. What Can Be Done About Concussion Rates Among Children? Concussion rates among kids are on the rise. This could be due to better reporting and more children being seen by doctors than in the past, but the fact remains that even one concussion is one too many. Parents and coaches need to: make sure kids have the proper equipment to participate in sports, become better at recognizing the signs of brain injury, encourage kids to tell them if they aren't feeling well, and keep kids out of the game until they are fully recovered.

4. How Can I Keep My Child Safe When Playing Sports? Encourage your child to listen to the coach and follow directions, but also to listen to his or her own body and instincts. If something doesn't feel right, the child should feel comfortable telling parents and coaches that they need help. Make sure kids are wearing all of their protective gear and don't force them into situation they aren't ready for yet.

5. Can I Sue The Coach For Extreme Practice Requirements? All players (and their families) assume some form of risk when playing sports. That doesn't mean the coach is free to encourage or demand reckless behavior from participants. In some cases, extreme-coaching techniques can lead to injuries that do result in successful personal injury lawsuits.

6. Am I Required To Sign School Liability Waivers? Liability waivers are intended to protect schools from liability for student injuries. In some cases you are simply asked to sign the waiver; in others your child won't be allowed to participate in the activity without a signed waiver. Keep in mind that all waivers have their limits. Just because you signed a waiver does not necessarily mean you will be unable to bring a lawsuit if an injury befalls your child.

7. Do School Sports Injury Lawsuits Succeed? Most schools will require you to sign a waiver, which can make it difficult to bring a lawsuit, but not impossible. Every injury and subsequent lawsuit is unique. Some succeed, others fail. Issues such as negligence, assumption of risk, and past precedent can all affect the outcome of the case.

Injury Lawyers In Madison Can Help You Evaluate Your Case

Personal injury lawsuits are complex and unique to the situation. Even with past precedent in place, there is no guarantee that a sports injury lawsuit will prevail. The only way to determine if you have a case is to consult with the Eisenberg Law Offices injury lawyers in Madison. Contact us at 608-256-8356 to discuss your situation and learn more about sports injury lawsuits.

This post was originally published at http://www.eisenberglaw.org/firm-overview/articles/injury-lawyers-madison-look-sports-injury-lawsuits/

Unlicensed Drivers Can Still Cause Crashes

Car Accidents caused by Unlicensed Drivers

The Automobile Club (AAA) may be known as a way to take care of car registration and get towing services, but it's also a major researcher of road safety. These studies are valuable because they give you a good idea of what conditions on the road are really like, and what precautions you should take.
One of the statistics they have looked at is how many drivers in car crashes are unlicensed or have something wrong with their license, such as having an expired license. In a 2011 study, about 18.2 percent of drivers in crashes either did not have a license or had one that was invalid -- and these accidents resulted in over 21,000 deaths. The number of non-fatal injuries involving these drivers was likely much higher.
The study also found that the reasons for not having a proper license were based on suspension and revocation.
This means that as a driver, you need to be much more careful on the road because drivers who lost their licenses at least temporarily due to their bad driving habits are still getting out on the road. That puts you at risk of being injured or killed because someone else didn't want to stop driving even though the state attempted to stop that person from getting behind the wheel.
An additional risk is that these drivers may also be driving without insurance -- and that means that even if you have uninsured-motorist coverage, you could face mounting bills if the coverage isn't enough.
Contact Eisenberg Law Offices to speak with a lawyer if you or someone you know has been in an accident with an unlicensed driver. You must take action to ensure that you get the compensation you need.
This post originally published at https://www.eisenberglaw.org/unlicensed-drivers-can-still-cause-crashes/

5 Defenses for Drug Possession in Wisconsin

Drug Possession in Wisconsin -5  Potential Defenses

Drug possession is a felony in Wisconsin, so it's understandable that you'd want to fight the charges. However, be careful doing this because while there are potential defenses, what might look like an easy case to you can run into complications and obstructions if you don't have good representation. You must meet with a lawyer to discuss possible defenses against a drug possession charge.
Not Really Drugs
It happens: You're carrying something that looks like it could be a drug but really isn't. In the past, tea leaves have been mistaken for marijuana, and drywall dust was mistaken for cocaine. You can have the substances tested, though, and present the results in court. Of course, this defense is only good if you really were carrying something innocuous.
Two Technicalities
Two more defenses are based on properly interpreting and carrying out the law. One is improper search and seizure. Maybe you had drugs on you, but if the police discovered them in a way that violates the law, you could get the charges dropped or reduced. A second is that the evidence is lost. There is no guarantee that this defense would always work, but if your lawyer can prove that crucial evidence is not present, that could change the case in your favor.
Coercion and "Not Mine"
Two additional defenses are much tougher to prove, but could be appropriate given the circumstances. One is that you were coerced into holding the drugs. You'd have to be able to prove that you faced a situation in which you thought you had no choice but to comply because of the threat of harm. The other is that the drugs belonged to someone else.
Before you attempt any of these defenses, contact Eisenberg Law Offices for a consultation. Work with our lawyers to find the best defense for your case.
This post originally published at https://www.eisenberglaw.org/5-defenses-drug-possession-wisconsin/

Madison Metro Bike Paths

Stay safe on Madison Metro Bike Paths

Autumn in Wisconsin provides natural beauty that can rival anyplace else in the country. And the state's bike trails give you the opportunity to get out and enjoy some exercise in the cool air among the falling leaves. When you go out to enjoy a ride, be careful to pay attention to what you are doing. If you follow all the proper safety precautions, you can find tranquility that makes everything else in your life a little better.
Mariners Trail
Mariners Trail provides 5.5 miles of scenic travel along the shore of Lake Michigan. This is a free trail for bikers, walkers, or joggers, and includes travel through a state forest and city areas.
Heart of Vilas County System
The Heart of Vilas County trail system includes several different trails for your enjoyment. The total is over 45 miles of paved trails, taking you through dense forests and along clear waters. You can chose shorter routes within or take on the whole system, so it can accommodate just about any fitness level.
Bugline Trail
Bugline Trail goes through several quarries and covers 16 miles. It provides woodlands as well as fantastic views down into the quarries along the way. It ends near North Lake, giving you a nice view of the water.
Old Abe State Trail
The Old Abe State Trail runs for twenty miles between Lake Wissota State Park and Brunet Island State Park. You need a state trail pass to use it, but it can give you an opportunity to enjoy biking, rollerblading, running, or walking amid wildlife and natural beauty.
Whatever trail you choose, be careful to follow the rules and keep an eye out for others on the path. Take your time and keep yourself safe as you enjoy the beauty that Wisconsin's bike paths offer.
This post originally published at https://www.eisenberglaw.org/madison-metro-bike-paths/

Mistakes Commonly Made Following a Dog Bite

Dog Bites - Common Mistakes following a Bite

Dog bites provide an all-too-common source of injuries in Wisconsin. And unfortunately, children are three to five times more likely than adults to suffer personal injuries from interactions with a dog. Most of these injuries come from a dog the victim knows. If you or your family members have been injured by a dog bite, be careful not to make any of these common mistakes in the aftermath.

1. Avoiding Medical Care

You or your child may try to handle your injuries yourselves. If the wounds do not look too bad, you may feel you can just take care of it without incurring the cost of care. But much of the danger in a dog bite lurks unseen.Dogs have bacteria in their mouths. If you are not up to date on tetanus shots or other immunizations, you may face dangers beyond the visible punctures or cuts. See a medical professional right away to protect yourself.

2. Keeping It from Authorities

Beyond your own care, you need to take time to contact the local police and animal control. You may not want to do this if you know the animal and its owner, but if the dog needs to be quarantined or tested for rabies or other dangerous conditions, the failure to notify authorities does the community a disservice. The authorities will need to examine the dog and make sure it is not a danger to itself or others. They will also help you document what happened.

3. Not Seeking Legal Help

In Wisconsin, a dog bite subjects the owner to liability of two times the total damages the victim suffers if the dog has previously attacked or bitten someone. But if you do not seek the help of an experienced attorney, you will struggle to identify the damages and get your legal recovery. Don't try to navigate the system yourself; contact the experienced legal experts at Eisenberg Law Offices.
This post originally published at https://www.eisenberglaw.org/mistakes-commonly-made-following-dog-bite/

What Is Intentional Homicide In Wisconsin?

Intentional Homicide Charges in Wisconsin - know your rights!

Intentional homicide is a specific kind of murder charge in Wisconsin in which you stand accused of killing another person, or a mother and her unborn child, on purpose. If you are arrested for intentional homicide, it is one of the most significant criminal charges that can be brought against you. You need to understand the charge and your rights in this situation.
First Degree Intentional Homicide
Most intentional killings of another person qualify as first degree intentional homicide. This is a class A felony in Wisconsin, which subjects you to life in prison if you are convicted. And if you meant to kill someone, but killed a different person by accident, the charge and the penalty remain the same.
Wisconsin does not have the death penalty. Rather, the penalty for first degree intentional homicide is life in prison. To avoid this penalty, you need to show that you did not intend to kill anyone, or show a justification that can reduce the severity of your crime.
Second Degree Intentional Homicide
Second degree intentional homicide still results from killing someone on purpose, but the charge is reduced due to one of three factors:

1. Someone provoked you to lose self-control;
2. you were defending yourself against a threat of harm; or
3. you killed the person to stop a felony in progress.

This reduces the charge to a Class B Felony, which still carries a sentence of up to 60 years in prison. Because there is no mandatory sentence, though, a strong justification can help you reduce the sentence substantially.
Intentional homicide represents the most significant criminal charge a person can face in Wisconsin. If your actions have led to a person dying, you cannot afford to take chances with your legal defense. Contact the experienced professionals at Eisenberg Law Offices to help you protect your rights.
This post originally published at https://www.eisenberglaw.org/intentional-homicide-wisconsin/

Domestic Abuse in Wisconsin - What You Need to Know

Charged with Domestic Abuse in Wisconsin?

In Wisconsin, you can be charged with domestic abuse in response to any violence or disturbance between you and a spouse, girlfriend or boyfriend, fiancée, or parent to your child. An arrest or conviction can do tremendous harm to your reputation in the workplace and community. Understanding the implications of being charged with domestic abuse in Wisconsin, and how to avoid it, is critical to avoid these consequences.

What Is Domestic Violence?

Wisconsin law defines domestic abuse as any of the following:

• Intentionally causing physical pain, injury, or illness;
• intentionally impairing someone's physical condition;
• sexual abuse; or
• causing the other person fear that any of these will occur.

Because the statute is so broad, it can be easy for someone to accuse you. Even an allegation that you acted in a way to frighten the other person can be grounds for an arrest.
Why You May Be Arrested
A neighbor or your significant other can call the police to investigate a domestic disturbance. Whether you are arrested will depend on whether the other person is injured, whether the police believe there is abuse that is likely to continue, and whether the police determine that you are the main aggressor in the dispute. A history of violence can weigh against you, as can indications that the other person is hurt or afraid.
No Contact and Temporary Restraining Orders
If you are arrested for domestic abuse, you immediately become subject to a 72-hour no contact order. If this happens, whether you feel you were wrongly accused or not, you must stay away from the accuser. A court that finds you in violation of this order can fine you up to $10,000 and jail you for up to nine months. Similarly, if the alleged victim files for a temporary restraining order (TRO), you can be fined another $1,000 and jailed for 9 months if you violate that order.
Domestic violence accusations can cause you serious problems that affect you for the rest of your life. If you have been accused, don't wait to contact experienced defense counsel for assistance.
This post was originally published at https://www.eisenberglaw.org/domestic-abuse-wisconsin-need-know/.