If Someone Says I Committed Sexual Assault, Will I Be Charged?

Accused of Sexual Assault? Talk to an attorney before you face criminal charges

Sexual assault is a serious charge that no one should ignore. The #MeToo movement has worked to increase the visibility of sexual assault in the national spotlight. This has led some people to wonder if they could be charged with sexual assault simply because someone accused them of it. The answer is, not always -- but it's not something to shrug off.
Many assault cases have no witnesses, and law enforcement agencies recognize that they need to investigate accusations and not immediately dismiss them. So if someone has accused you of sexual assault, be prepared for questioning and an investigation. How extensive that investigation might be depends on each case. For example, an investigation, after someone who accuses you of assault in Madison on a day when you can prove you were not in that city, may not last very long and may not make it to court. But an investigation into whether or not you assaulted someone you were actually with on that day may take longer and could very well end up in court.
Police need evidence to charge you with sexual assault, and in Wisconsin, the accusation is actually considered evidence. Court is where both parties would present evidence to back up or refute the assault claim.
For that reason, you have to contact a lawyer if you are accused of sexual assault, even if you can easily prove that it's a false claim. Don't assume that it will all work out in your favor because one oddly worded statement can be enough to make people think you're guilty. You need a lawyer to help you handle the case successfully.
Contact Eisenberg Law Offices if you've been accused of sexual assault. Don't talk with the police. With good legal representation, you have a better chance of having false claims dismissed.
This post was originally published at https://www.eisenberglaw.org/if-someone-says-i-committed-sexual-assault-will-i-be-charged/

Avoiding Slip-and-Fall Accidents in Icy Conditions

In Madison, WI, follow these tips to avoid slip and fall injuries

With the weather turning colder and ice and snow beginning to fall in much of the northern half of the country, it's time to review how to stay safe in slippery conditions. Falls can be devastating; even a minor fall can result in bruises and curtailed activity, at least temporarily. Residents of Madison won't be able to avoid snow and ice, so here are ways to reduce the risk of a hard landing.

• Go slowly! Rushing somewhere can make you less attentive to where your feet are placed. Even if you are in a hurry, walk at a reasonable pace that allows you to keep an eye on the ground and on your balance.
• Wear shoes with slip-resistant soles, and use ice traction cleats. Get shoes with soles that have excellent traction and that are made specifically to be slip-resistant; you can also buy traction cleats attached to a band that fits around your shoe. Adhesive patches that have grippy sides are a quick fix but often don't last that long, so they're not an optimal choice.
• Watch where you are walking, and test questionable areas. Slowly testing a patch of ground with your toe can save you a lot of worry. And avoid talking or texting on your phone while walking. Don't distract yourself from monitoring your steps.
• Hold onto handrails, sides of buildings, fences, and anything else that can help keep you upright.
• Don't let your guard down when you enter a building. The flooring by the entrance may be wet and thus slippery enough to make you fall.
• Keep your hands as free as possible. Don't shove them in your pockets as you walk, and don't carry heavy or bulky items that could throw you off balance.

If you do slip and fall, it may not be your fault, especially if you take every action possible to avoid falling. Speak with a lawyer at Eisenberg Law Offices regarding your fall and whether you need to go to court to receive proper compensation.
This post was originally published at https://www.eisenberglaw.org/avoiding-slip-and-fall-accidents-in-icy-conditions/

Penalties for Embezzlement in Wisconsin

Charged with Embezzlement in Wisconsin? Contact an experienced criminal attorney

Embezzlement is a crime that most people have heard about, but may not fully understand. If you are charged with embezzlement in Wisconsin, you should take it seriously. It involves a breach of trust that you may have trouble regaining, even if ultimately you are found not guilty. Understanding the accusation and the potential penalties can help you avoid the worst potential consequences.
Defining Embezzlement
Embezzlement is a particular kind of theft. If you are in a position of authority or trust in an organization and take something of value, you can be charged. Usually people think of it in terms of money: a treasurer or other official within a company stealing funds from the organization. While this is the most common version, though, embezzlement can include taking anything of value, as long as you had access based on your position or power.

Misdemeanor and Felony Embezzlement

In Wisconsin, the difference between misdemeanor and felony embezzlement is the value of what was taken. If the total value is under $2,500, this is a misdemeanor under Wisconsin law. This brings a fine of up to $10,000 and up to nine months in jail, so even at the misdemeanor level embezzlement charges are significant.
Once the value rises over that threshold, embezzlement becomes a felony. This falls into three tiers:

• Class I felony ($2,500 to $5,000 total value)
• Class H felony ($5,000 to $10,000 total value)
• Class G felony (over $10,000 total value)

At the Class G felony level, the penalty rises to up to ten years in prison and fines up to $25,000. Even after you have paid the price of the fines and prison time, your ability to regain a position of trust are severely compromised.
If you have been accused of embezzlement, you need experienced legal help. Whether you hope to beat a false accusation or minimize the penalties you face, you need someone who understands the legal structure and the courts in which you face charges. The attorneys at Eisenberg Law Offices have the experience and ability to help defend you after an embezzlement arrest.
This post was originally published at https://www.eisenberglaw.org/penalties-for-embezzlement-in-wisconsin/

OWI and Your Wisconsin CDL

Will an OWI in Wisconsin threaten your CDL (Commercial Driver's License)?

For professional drivers, earning and maintaining a commercial driver's licence, or CDL, is critical to being able to make a living. While most people need their driver's license to get to and from work, as a professional driver you need it to do your job every day. If you get arrested and convicted of an OWI, then, you stand to disrupt or even lose your career.
When Do You Need a CDL?
If you are in Wisconsin and operate a vehicle over 26,000 pounds, carry at least sixteen passengers, or haul hazardous material, you need a CDL. Because these vehicles bring special dangers to the road, the process is onerous. It includes testing and education requirements beyond what most passenger car drivers have to obtain, and requires a greater knowledge of state and federal laws and regulations. Once you earn it, though, it opens up specialized earning potential for as long as you hold your CDL.

OWI Penalties for CDL Holders

Earning a CDL opens doors, but if you are charged with an OWI, you risk having those same doors close quickly. A single OWI while driving under a CDL brings a fine of $150 to $300, but also results in getting your license suspended for one year. This can cause a dangerous disruption to your livelihood. A second violation brings up to a $1,000 fine, and more importantly results in a lifetime removal of your CDL. When this happens, your career as a driver of commercial vehicles is gone.
The most important thing you can do to help maintain your CDL, then, is simply to never drink when you are or will be driving a commercial or private vehicle. If you are arrested, though, it is worth it to fight for your career. An experienced lawyer can help you challenge OWI charges, whether by challenging the procedures and circumstances of your arrest or the calibration of a breathalyzer test. Contact the attorneys at Eisenberg Law Offices to protect your rights and your career.
This post was originally published at https://www.eisenberglaw.org/owi-and-your-wisconsin-cdl/

Legal Protection for Dog Bite Injuries

If you've suffered a dog bite in Madison, WI, protect your legal rights!

You may think of dogs as friendly, helpful animals--and indeed, most are. Still, a dog that feels threatened or is trying to protect itself or others can be dangerous. In the first four months in 2017, Madison and Dane County authorities responded to over 100 reported animal bites, most of which came from dogs. While most of these do not result in injuries, many do. If you have been injured, you should be prepared to protect your rights.

1. Document Injuries

As soon as possible after you are bitten, you should take pictures of any injuries you have sustained. This includes not only physical injuries, but also damage to clothing, property, and anything else that was part of the attack. These will heal at least somewhat by the time you see a courtroom, and seeing those injuries can have an impact on a jury.

2. Document Treatment

In addition, any medical treatment you have should be documented and available. The cost of your care will be part of any damages award. The time you spend getting treatment can also weigh in when determining the true cost of the injuries you sustain.

3. File a Report

An official record of a dog attack is critical. It can help demonstrate a pattern of behavior if the dog has injured or attacked others. It also helps show that the attack was serious. This helps you show that something serious has occurred, and gives you the added weight of a government record. Contact the police and an animal control officer.

4. Seek Legal Help

It usually does not take long for the dog owner's homeowners insurance company to contact you. Whether you hear from the owners themselves or their insurers, you may feel pressure to settle the matter quickly, without involving the court system.

If you have no injuries, or minor injuries that do not require treatment, this may make sense. If you have been hurt, though, do not talk about settlement or fault without consulting an attorney first. Take the time to discuss your rights and get the protection you deserve.

If you've suffered a dog bite, contact the personal injury attorneys at Eisenberg Law in Madison, WI for a free consultation.
This post was originally published at https://www.eisenberglaw.org/legal-protection-for-dog-bite-injuries/.

Driver Liability When Ice Causes Accident in Wisconsin

When icy roads cause an accident in Wisconsin, who's liable?

When winter arrives in Wisconsin, drivers will face icy road conditions. Almost inevitably, this leads to accidents. A driver applies the brakes, his or her car slides, and it collides with the vehicle in front. When it happens, you need to determine who has to pay for the damages.
If the police file a report on an accident, they will usually identify the driver who is at fault for causing the accident. It may seem unfair; if you hit a patch of ice, you often lose control of your vehicle. In these situations, though, icy roads are just part of the conditions in which you drive.
How Negligence Works
Wisconsin uses the tort system for driver negligence. This means that after an accident, the driver who is more at fault is responsible for damages. The weather is certainly a determining factor in the winter months, but claiming that the ice caused the accident will not help anyone avoid liability.
Negligence comes when one person owes a duty to another, and fails to fulfill that duty. On the roads in Wisconsin, part of this is a duty of care toward other drivers. If one vehicle drives or slides into another, barring unusual circumstances, the driver who hits the other vehicle will be found negligent.

The Duty to Adapt to Road Conditions

As anyone who drives regularly in Wisconsin knows, ice in winter is not an unusual circumstance. Part of your duty as a driver is to adapt to the conditions you find on the road. This means driving at slower speeds and keeping a greater distance between you and any vehicles in front of you. If you fail to do so, and slide on an ice patch and hit another vehicle, you will generally be found negligent.
Similarly, if another driver hits you on an icy road, you have a right to recover damages from that driver. Insurance companies usually offer quick settlements to cover these damages, but you have a right to speak with an attorney. Before you accept an offer, contact Eisenberg Law Offices to help protect your rights.
This post was originally published at https://www.eisenberglaw.org/driver-liability-when-ice-causes-accident-in-wisconsin/

First and Second-Degree Intentional Homicide Charges In Wisconsin

Understanding First and Second-Degree Intentional Homicide Charges In Wisconsin

Intentional homicide charges in Wisconsin will be classified in one of two categories, depending on the circumstances surrounding the death: first-degree intentional homicide or second-degree intentional homicide. Both are serious charges that require representation by a criminal defense attorney.

Defining Intentional Homicide

• First-Degree Intentional Homicide. Under Wisconsin law, deaths that occur when one person intentionally causes another person's death or the death of an unborn baby while attempting to kill the mother will be charged as first-degree intentional homicide.
• Second-Degree Intentional Homicide. Deaths that result when the defendant has just cause in killing the victim are considered second-degree intentional homicide.

Intentional homicide is more specific than a felony murder because it focuses not only on the death, but also on the act in which the crime was committed and the cause of the crime. The mental stability of the defendant may come in to play as well.

First-Degree Intentional Homicide

First-degree intentional homicide in Wisconsin is a Class A felony. This crime is charged when the defendant had intent to kill the victim. This proof of intent is important because intentional homicide can be charged even if the wrong victim was killed. As long as the defendant had intent to kill a victim, it does not matter who the victim ultimately was. Intent is also important in differentiating between first- and second-degree intentional homicide.
First-degree intentional homicide convictions in Wisconsin carry a mandatory sentence of life in prison, although it is possible to have charged mitigated and sentences reduced with a strong defense.

Second-Degree Intentional Homicide

Second-degree intentional homicide is a Class B felony, but it can only be charged if the defendant had a valid reason, such as:

• Adequate provocation
• Unnecessary defense force
• Prevention of felony and coercion

Second-degree intentional homicide carries a minimum 60 years of imprisonment, but more time can be added if there are additional felony charges.

Intentional Homicide Defense Strategies

Second-degree intentional homicide charges in Wisconsin are less severe than first-degree charges. In some cases, it is possible to be mitigated from a first-degree charge to a second-degree intentional homicide charge, but in order for that to occur, the defendant must admit to killing the victim.
The key defense in this situation is that you have a reason for killing the other person. Once you admit to the killing, it is the job of the prosecutor to present proof that you had no reason or defense for the killing and should therefore, be facing first-degree charges. If this proof cannot be found, the second-degree intentional homicide charge will be applied.
In a second-degree intentional homicide case, your defense attorney may argue that:

• You were provoked by the victim, causing you to lose control and resulting in the victim's death.
• The victim was a threat to you or others and killing him/her was the only way to defend yourself or others who were in danger.
• You witnessed a felony being committed, took action to stop the felony activities, and those actions resulted in the victim's death.

Additional defense options may exist, but it is highly dependent on the circumstances of the situation.

Build Your Defense Against Intentional Homicide Charges In Wisconsin With Help From Eisenberg Law

A criminal defense attorney is your best resource for building a strong defense of the events and actions that led to your intentional homicide charges. The criminal defense attorneys at Madison's Eisenberg Law Offices are here and ready to help you build your defense, save your name, and save your future.
Contact our team at 608-256-8356 or email Info@EisenbergLaw.org to schedule a free consultation.
This post was originally published at https://www.eisenberglaw.org/first-and-second-degree-intentional-homicide-charges-in-wisconsin/

Madison, WI Car Accident Attorney | Accident Negligence

How A Madison, WI Car Accident Attorney May Prove Negligence In A Car Accident Claim

There were over 129,000 car accidents in Wisconsin in 2016. Many resulted in property damage, some resulted in injuries, and a little more than 500 of the incidents were fatal. In the aftermath of an accident, insurance providers need to determine who was at fault for the accident so they can determine policy coverage payouts. If one party/driver wants to bring a lawsuit against the other party/driver, he or she will have to prove who was at fault as well. In those situations, the one bringing the lawsuit will need to hire a Madison, WI car accident attorney to collect and review evidence and help prove that the other party's negligence contributed to the accident.

Evidence That Can Be Used to Bolster A Car Accident Negligence Claim

Car accident attorneys will want to examine as much evidence as possible to build a negligence case. Some of the evidence that they will use includes:

• Police Reports. One of the first pieces of evidence attorneys will examine is the initial police report. Having an official police report is one reason why it is so important for anyone who has been involved in an automobile accident to call the police right away. Police officers will usually be able to determine and report fault in this report, making it a critical piece of evidence.
• Photos. Everyone has a camera phone these days. If possible, use it right after an accident to record the scene and take close-up photos of property damage, tire tracks, or injuries. As they say, " A picture is worth 1,000 words." Having photographic proof of the accident scene can go a long way in bolstering a case.
• Witnesses. Witness statements can also be very helpful in a car accident lawsuit. If possible, collect contact information for witnesses on the scene (law enforcement may also do this for their report). This will help your attorney reconstruct what happened and may strengthen your argument.
• Stop Light Cameras. Car accident attorneys can request footage from nearby stop light or security cameras. This footage will show the scene before, during, and after the accident, providing more imagery for the case.

Consult A Madison, WI Car Accident Attorney At Eisenberg Law

Proving negligence in a car accident case can be difficult, but it's not impossible with help from a car accident attorney at Eisenberg Law Offices. Our attorneys are experienced in car accident cases, representing victims throughout Wisconsin and northern Illinois.
Call 608-256-8356 or Info@EisenbergLaw.org to arrange a free consultation to discuss your case.
This post was originally published at https://www.eisenberglaw.org/madison-wi-car-accident-attorney-accident-negligence/

OWI and Felony Reckless Endangerment Charges In WI

Face Wisconsin OWI Charges And Felony Reckless Endangerment Charges With Help From Eisenberg Law

Drunk driving charges in Wisconsin are called OWIs or Operating While under the Influence. OWI is a must broader charge than drunk driving since "influence" is expanded to include alcohol as well as illegal drugs, marijuana, narcotics, prescription drugs and even some OTC medications. The common denominator of all of these intoxicants is their ability to impair your driving.
A first OWI is not considered a crime in Wisconsin. It is a civil offense, not a criminal offense and is classified as a misdemeanor. Misdemeanors still carry with them fines and penalties and may show up on background checks, but do not usually include jail time.
In some cases, depending on circumstances of the incident, additional charges can be added to OWI charges. One charge that is commonly added is Felony Reckless Endangerment. You may face Felony Reckless Endangerment charges if you "endanger another person with utter disregard for their life." This is a felony regardless of whether it is your first offense or not.
Early Legal Help Can Be Crucial To A Positive Outcome
Anyone charged with OWI in Wisconsin, and especially if it includes felony reckless endangerment charges, can improve their chances of a less severe outcome by contacting an OWI attorney at our law offices immediately after the incident. In some cases, we are contacted before the driver is even formally charged. Although this seems extreme, it is actually very helpful in protecting a driver's rights and building a strong defense.
Early intervention by a qualified attorney has several positives:

• It gives the attorney as much time as possible to begin constructing a defense.
• It allows the attorney access to evidence immediately, even as it becomes available.
• It allows the attorney to advise the client on his/her statement.

Because of the attorney's early work, it is sometimes possible to have charges reduced or dismissed which can save a driver from having very serious crimes on his/her record. Felony reckless driving charges, for example, may be reduced to simply inattentive driving, which is not a felony and does not carry the same kinds of fines and penalties as a felony charge.

Schedule A Free Consultation With Eisenberg Law If Facing OWI Charges

If you are facing an OWI, reckless driving, or felony reckless driving charge, contact Eisenberg Law Offices in Madison, WI for advice and representation. With early intervention, we may be able to minimize the charges against you and protect your driving record. Help is available and it can make a difference to your case!
We offer no obligation, free consultations. Even if you are unsure about your situation, we can discuss it during this free consult. You will be no worse off for meeting with us, but may be quite a bit better off!  Call Eisenberg Law Offices at 608-256-8356 or email Info@eisenberglaw.org to arrange your free consultation today!
This post was originally published at https://www.eisenberglaw.org/articles/owi-and-felony-reckless-endangerment-charges-in-wi/

Legal Liability Waivers | Q and A Liability Waivers

5 Common Questions About Legal Liability Waivers

In most cases, anyone who is injured due to another's negligence has the right to sue for compensation. There are a few exceptions to this rule, such as when there are statutory protections or laws that prohibit lawsuits, procedural requirements that must be met before a lawsuit can proceed, or if you are partially at fault for the injury yourself.
One other common reason why people don't pursue lawsuits is if they have waived their right to do so. This is referred to as "waiving liability". You are no doubt familiar with legal liability waivers – those documents you are asked to sign before undertaking a risky activity like whitewater rafting or ziplining. But they're also very common at schools and daycares, gyms and fitness centers, and if you participate in sports.

A Signed Waiver Does Not Prohibit Lawsuits

People usually assume that because they signed a legal liability waiver, they cannot bring a lawsuit if they are injured, but this is not always true. The most important thing to understand about legal liability waivers is that they do not take away your right to sue if an accident does happen, rather, they are intended to limit the other party's liability.
If an accident does occur, you'll still need to prove that the other party was negligent and that this negligence contributed to the injury. If a party was negligent, they can be held liable for the injuries sustained and be required to provide compensation to the victims.

5 Common Questions About Legal Liability Waivers

Given this confusion, we've assembled answered to five common questions about legal liability waivers.

1. Am I Required to Sign a School Liability Waiver? Probably Not. Almost every parent will be presented with a school liability waiver at some point. You may feel like you have no choice but to sign it, but many are not mandatory. Read the document carefully or ask if you are required to sign it in order for your child to participate in the activity. If not, you can safely refrain from signing the document. However, if you are required to sign it, don't fear that doing so will remove your ability to sue if your child is injured. Chances are it won't, assuming the school's negligence contributed to the injury.

2. If I am Injured at the Gym, Can I Sue? You'll likely be asked to sign a waiver before using the gym, but exactly what right you have to sue depends on the language contained in the waiver and the circumstances surrounding your injury.

3. Is My Child's Daycare Liability Waiver Enforceable? Probably Not. Similar to school liability waivers, daycare liability waivers are designed to limit the daycare's liability, but a daycare cannot waive their liability for injuries that occur due to the center's or center staff's negligence.

4. Can I Sue if I am Hit by a Foul Ball? Probably Not. Did you know that you "sign" a liability waiver every time you buy a ticket to a sporting event? Check the fine print on the back of your ticket next time and you're certain to see language to the effect of the holder assuming the risk of injury by attending the event. These waivers, along with "The Baseball Rule" have stopped many foul ball type of personal injury lawsuits from ever getting to court. The Baseball Rule requires teams to install protective netting in danger zones – areas that are located too close to the batter to give fans enough time to protect themselves from a foul ball. Areas located further away from the action are not protected by this rule and assume the risk of being hit.

5. Can a Unit of Government Force Me to Sign a Liability Waiver and/or Waive My Injury Claim? Probably. Government entities can require you to sign a liability waiver and they are usually upheld. If the entity is proven negligent, you'll likely still be able to secure compensation. Of course, there are always exceptions to this rule. You'll need to consult a personal injury attorney for advice specific to your situation.

Questions About Liability Waivers? Contact Madison's Eisenberg Law

If you or a loved one has been injured but have signed a liability waiver, you may still have an ability to sue for compensation. Contact the personal injury team at Eisenberg Law Offices in Madison, WI to discuss your situation.
Call Eisenberg Law Offices at 608-256-8356 or email Info@eisenberglaw.org to arrange a free consultation.
This post was originally published at https://www.eisenberglaw.org/articles/legal-liability-waivers-q-and-a-liability-waivers/

What Legal Options Do I Have if My Child Was Injured on a School Bus?

If your child was injured on a school bus, contact a Wisconsin Personal Injury Attorney

Like any accident, legal liability rests on the person or people at fault. However, it can be very difficult to determine who is at fault in the case of a school bus accident because so many different factors come into play. Technically, you can sue if your child is injured in a school bus accident, but you have to be sure you have the full story.
Cases Aren't Always Simple
Sometimes it's easy to determine who is at fault. That texting driver who swerved into a bus, even as the bus driver took defensive maneuvers, is a rather clear-cut case. Other times, it's not so easy; for example, if the bus is traveling on a rural route and hits a deer. It is possible that this was an unavoidable accident. Even then, though, there are more questions. Maybe the driver wasn't at fault, but your child was injured because of a lack of seat belts on the bus (Wisconsin does not require belts on school buses), and it turns out that the three-point belts that some companies have installed would have prevented injury. Do you sue the bus company or school for not having those voluntary belts? What about the original manufacturer of the bus?
Accidents can also cause emotional injury and stress, even if the physical impact wasn't that bad. Because emotional distress after an accident is a real condition, you have the additional decision to make of whether to pursue that type of claim against whoever is at fault.
Your first priority after your child has been injured should be to ensure the child gets better, but the costs of treatment can soon intrude. When you are able to speak with a lawyer, contact Eisenberg Law Offices. You need to get sound legal advice before deciding to sue, and the lawyers at Eisenberg will help you sort through the facts and determine the best course of action.
This post was originally published at https://www.eisenberglaw.org/what-legal-options-do-i-have-if-my-child-was-injured-on-a-school-bus/.

There's a Reason Your Child Shouldn't Sit in the Front Seat

Children sitting in the front seat are in danger of being hurt in a car accident

Adults today may have fond memories of sitting in the front passenger seat as a child and playing with the car radio, but over the years, researchers have found that it is noticeably safer for smaller children to be in the back seat. Wisconsin's requirements vary considerably by age and weight.
Why Can't Smaller Kids Be in the Front?
A major issue for anyone sitting in front is the proliferation of airbags. While the front seat might have been safe decades ago, given that it was the only row of seats with shoulder belts then, nowadays it is actually riskier. If the airbag deploys, it will do so with great force. Kids -- including teenagers -- have more fragile bodies than adults. The force of the airbag can already injure adults, so you can guess how badly they might injure children. And yes, airbags can be fatal, even to teenagers.
So Kids Should Just Sit in Back?
Yes, but keep in mind the type of seat the child is in must meet varying Wisconsin DOT child seat safety requirements that depend on age and size. Kids over 8 years old can sit in front; you may want to have them sit in back anyway, but they won't need a special seat. Kids between ages 4 and 8 who also weigh 40 to 80 pounds and who are 4'9" or shorter need to be in back in a child seat or a booster seat. The seat can face forward or backward.
If the child is between the ages of 1 and 4 or weighs less than 40 pounds -- in other words, a 5-year-old who weighs 39 pounds would be in this category -- then the child must be in a child seat in the back seat. The child seat can face toward the front or back, but it can't be a booster seat.
And finally, children less than 1 year old or who weigh less than 20 pounds have to be in a child seat that faces toward the back of the car. These rules apply to anyone driving in the state.
If you've received a ticket for not using the proper type of seat or having a child sit in front, contact Eisenberg Law Offices. A lawyer can try to help you reduce or eliminate your fine, as well as help you understand the different tiers upon which the law is based.
This post was originally published at https://www.eisenberglaw.org/theres-a-reason-your-child-shouldnt-sit-in-the-front-seat/.

OWI Charges with Minors in the Vehicle

OWI charges and penalties escalate with minors in your vehicle

In Wisconsin, being charged with operating a vehicle while intoxicated (OWI) carries significant consequences. If you are charged with an OWI with a child under 16 in the car with you, though, the penalties go up quickly. Any time you are arrested and charged with an OWI, especially if children are present, you need to contact an attorney to help with your legal defense.
Not Just Drunk Driving
OWI is much broader than just alcohol. Anything that the state of Wisconsin considers a controlled substance can trigger a charge of OWI. This includes alcohol, illegal drugs like cocaine or heroine, or even some legal pain medications and muscle relaxants. If you operate a vehicle while you are under the influence of any drug or medication, you risk arrest for OWI.
If you are alone, your first offense for OWI comes with a fine of between $150 and $300. You may have to go through mandatory alcohol or drug assessment or even get an ignition lock installed on your vehicle. Even if you are taking legal, prescribed drugs, these penalties can kick in.
When a Minor Is with You
While these penalties may already seem severe, they rise quickly if you have a child present in the vehicle. If you are charged with OWI with a child under age 16 in the vehicle, the fine increases to between $350 and $1,100. You also face jail time of up to six months, and can lose your driver's license. A second or later offense for OWI will raise the stakes even more for you. 
Being charged with OWI in Wisconsin can impact your life significantly. Incurring those charges while you have a child in the car with you ratchets up that impact significantly. You cannot afford to face these charges by yourself. Working with the experienced defense attorneys at Eisenberg Law Offices gives you the best chance to defend against these serious charges. Contact us today to learn more.
This post was originally published at https://www.eisenberglaw.org/owi-charges-with-minors-in-the-vehicle/.

What Constitutes a Concealed Weapon in Wisconsin

If you own a gun, know the Concealed Carry rules in Wisconsin

If you are legally entitled to carry a gun in Wisconsin, you may carry it openly. Carrying a concealed weapon in Wisconsin, though, is a Class A misdemeanor. While you may know that this is a crime, you may be surprised what the law considers to be a "concealed" weapon. You may not intend to hide your weapon but still be charged if you do not have a concealed carry permit. Understanding your rights and duties is therefore critical to defending against these charges.
Obvious and Non-Obvious Examples
Some examples of a concealed weapon are obvious. If you hide a deadly weapon in your jacket or under your shirt, you are carrying a concealed weapon. Similarly, if you keep one in a glove compartment of your car, that is concealed. If you or your vehicle is searched, you may face concealed weapons charges if you do not have a permit.
Still, other examples are less obvious but can still get you into trouble. If you have a weapon tucked into your belt and your shirt falls over it, you may be charged. Similarly, a weapon in the seat of your car, or anyplace else that an observer might not see it clearly, can be considered a concealed weapon.
Defend Your Rights
Concealed weapon charges carry a potential sentence of up to nine months in jail and a $10,000 fine. If you have been arrested for carrying a concealed weapon, you still have rights. It may have been found during an illegal search, or there may be other procedural or constitutional protections. An experienced criminal attorney may help you lower your potential sentence or even avoid jail time altogether. 
If you have been arrested on concealed weapon charges, contact Eisenberg Law Offices. Our experienced criminal defense attorneys can give you the legal defense you need.
This post was originally published at https://www.eisenberglaw.org/what-constitutes-a-concealed-weapon-in-wisconsin/.

How Pedestrians Can Stay Safe on Wisconsin Roads

Know how to protect yourself as a Pedestrian on Wisconsin Roads

When you think about accidents on Wisconsin roads, you probably think primarily of vehicle collisions. While these can be dangerous, though, accidents that involve pedestrians are much more deadly. Cars that collide have a lot of machinery and safety features to help protect the people they carry. When a car hits a pedestrian, though, that protection is missing. A person struck on the road can suffer serious injuries or worse. Learning to protect yourself when traveling on foot is vital to your safety.

Pedestrian Safety Tips

Part of learning to protect yourself is understanding the rules you have as a pedestrian. If you take care with how and where you walk or run, you can avoid many of the dangers that cars present. For example, many intersections have crosswalks and pedestrian signals to follow. No matter how much of a hurry you may be in, you should always follow these for your own protection. Use sidewalks or walk on the shoulder toward oncoming traffic, so you can see approaching danger and have a better chance to avoid collisions.
Even when you are following the rules, you should be careful. A distracted or impatient driver may create problems even when you are following the rules. Pay attention and keep an eye out for drivers even at times you have the right of way.

Pedestrian's Rights on the Road

If you follow the rules and pay attention, you can avoid most of the dangers pedestrians face. Unfortunately, accidents still happen. If you are struck and injured by a driver who is distracted or otherwise violating traffic rules, you have a right to compensation for your injuries. A Wisconsin personal injury attorney can help you file the claim.
Drivers often act as though pedestrians should not be in the road. You have a right to use most roadways on foot. Contact Eisenberg Law Offices to assert your rights and recover the damages you deserve.
This post was originally published at https://www.eisenberglaw.org/how-pedestrians-can-stay-safe-on-wisconsin-roads/.

Wrongful Death Suits in Boating Accidents

Has someone's negligence caused the wrongful death of your loved one in a boating accident?

Wisconsin boasts a number of beautiful lakes, and thus many opportunities to enjoy recreational boating. Unfortunately, this also creates the potential for accidents. In 2017, 25 people died in boating accidents in Wisconsin. While sometimes these cannot be helped, often someone's reckless or negligent behavior causes an accident that should never have happened. If your loved one has been killed due to someone else's inappropriate boating behavior, you should contact a Wisconsin attorney for help filing a wrongful death claim.

How Boating Accidents Happen

Most of the time, boating accidents happen because someone acted inappropriately. Exceeding posted speed limits can create dangerous situations, whether by creating unsafe wakes or colliding directly with others on the water. Boating while intoxicated also increases the risk of accidents, as reflexes and judgment decline quickly. Finally, operating a boat in unsafe weather conditions can create problems for you and those around you.
The common element of all three of these is that people's choices create the dangers involved. If someone causes a death while intoxicated, exceeding safe speeds, or in dangerous weather, you may have a claim for wrongful death against that person.

Elements of a Wrongful Death Suit

To succeed in a wrongful death claim, two things must occur:
1. Someone died; and
2. Another person caused that person's death.
You will need to prove that the other person's actions were responsible for your loved one dying. Once you do that, you then need to prove damages. Damages include the loss of society and companionship of your loved one, pecuniary loss, and medical expenses, as well as other potential financial losses. 
If you have lost someone due to another person's behavior while boating, you should contact an attorney immediately. Eisenberg Law Offices has the experience to help with your wrongful death claim in Wisconsin.
This post was originally published at https://www.eisenberglaw.org/wrongful-death-suits-in-boating-accidents/.

Fight a Traffic Ticket In Wisconsin | WI Traffic Attorneys

Fighting A Traffic Ticket Can Protect Your Insurance Rates

Almost anyone who has ever been pulled over and received a ticket considers whether or not to fight the ticket, but most don't bother. A traffic violation isn't a criminal offense and Wisconsin makes it so easy to pay the fine and move on that it seems easier to do just that. Not fighting a traffic ticket is the same as pleading guilty.  Even people who feel they received the ticket unjustly would rather skip the hassle of fighting it.
While it is true that in most cases receiving a ticket won't have much impact on your life, one area where it does have the potential to greatly impact you is on your car insurance rates. There's a good chance your next premium payment will be higher if you are charged with a violation.

Traffic Violations And Their Impact On Insurance Rates

Auto insurance providers check their customers' driving records periodically, sometimes as frequently as every 6 months, but most often when your policy renews. If you have received a ticket since your last renewal, the insurance provider may decide to increase your auto insurance rates. For some drivers, this increase is quite substantial, making it worthwhile to contest the ticket in court.
Some violations are more likely to increase your rates than others. OWI, DUI, DWI, reckless driving, and driving on a suspended license can all lead to significantly higher rate increases than speeding, running a stop sign, or seatbelt violations, for example. The chances of a rate increase jump exponentially if you're involved in an accident as a result of your driving.

Consult Eisenberg Law's Traffic Ticket Attorneys If You Receive A Citation

If you receive a traffic violation in Wisconsin, speak with an attorney at Eisenberg Law Offices before you pay the fine. Depending on your driving record, the specifics of the violation, and your insurance company's practices, it may be worth the time and effort to fight the ticket. Tickets that are fought in court can be reduced or dismissed, either of which can help protect you from insurance rate increases. Our traffic attorneys will take a look at your situation and advise you on your best course of action based on the circumstances.
Contact Eisenberg Law Offices at 608-256-8356 or Info@EisenbergLaw.org to discuss your situation.
This post was originally published at https://www.eisenberglaw.org/fight-a-traffic-ticket-in-wisconsin-wi-traffic-attorneys/.

Motorcycle Accidents And Product Defects

When Defects Cause Motorcycle Accidents

Motorcycle accidents tend to result in the most serious injuries of any type of vehicular accident. Not only are motorcyclists more likely to be involved in an accident than automobile drivers, when an accident does occur, the risk of death or serious injury is higher. Motorcycles are smaller, which makes them harder to see than cars and is one of the top reasons why such accidents occur, but defects in the motorcycle can also cause accidents with the most common defect being brake failure.
Brake failure can play a role in all types of motorcycle accidents including those that involve inclement weather and traffic safety violations like speeding or weaving in and out of traffic, but it can also lead to an accident that never should have occurred in the first place. If a motorcycle can't stop, even in clear and dry conditions, the situation can turn deadly quickly.
The Honda Case
To illustrate just how serious motorcycle defects are, Honda Motor Company has enacted two recalls of their GL-1800 motorcycle due to a braking safety issue. The recall applies to model years 2001-2010 and 2012 because of a defect in the secondary brake cylinder. This component may cause dragging in the rear brake which can lead to unexpected crashes and even fires. Fortunately there haven’t been any injuries or deaths attributed to this defect, but Honda has received over 500 complaints about issue.
While we applaud Honda for taking the proactive step of recalling these motorcycles for component replacement, it is a stark reminder that even safe and normal operation of a motorcycle can be dangerous and lead to injury-causing accidents.

Consult Our Injury Attorneys In Madison After Vehicular Accidents

Whether the motorcycle accident is due to a product defect or another driver's actions, if injuries result, it's best to contact Eisenberg Law Offices injury attorneys in Madison, WI right away. Our attorneys will review the evidence and evaluate whether or not the motorcycle manufacturer or other driver could be held liable for the motorcyclists' injuries. Injury attorneys can help injured parties recover compensation that can be used to pay for medical bills, pain and suffering, and more.
To learn more about obtaining compensation after a motorcycle accident, contact the Eisenberg Law Offices injury attorneys in Madison at 608-256-8356 or Info@EisenbergLaw.org to schedule a free consultation.
This post was originally published at https://www.eisenberglaw.org/motorcycle-accidents-and-product-defects/.

Delayed Car Accident Injuries | Eisenberg Law Offices

Be Aware Of Delayed Car Accident Injuries

The most dramatic car accident injuries, such as lacerations and broken bones, are apparent in the immediate aftermath of an accident, but those aren't the only type of injuries to worry about. Delayed car accident injuries can be just as debilitating and just as dangerous to your recovery and long-term health. These delayed injuries may not show up until hours, days, or weeks after the accident has occurred.
The human body has an incredible ability to compensate for injury or discomfort. You may be injured and your body adapts to it without you even being aware of it. Unfortunately, that only lasts for so long. Eventually, the stress and strain on your body due to improper mechanics become evident and you're wondering why you have headaches all the time, or stiff joints, sore muscles, or trouble with your balance.
It's for this reason that so many professionals from paramedics and law enforcement officers to car accident attorneys recommend seeing a doctor after an accident, even if you feel fine. Another reason to see your doctor and get a clean bill of health has to do with insurance companies.

Examples of Delayed Car Accident Injuries

Most delayed injuries involve the head, neck, and spine but soft tissue injuries to muscles, ligaments, and tendons are also very common. It's not unusual to experience a mix of injuries, but the one thing they all have in common is a tendency to manifest themselves several days or weeks after the incident occurs. You've no doubt heard of all of these injuries as being associated with car accidents:

• Whiplash
• Concussions
• Sprains
• Bruises/contusions
• Back injuries

Sometimes, victims are so distracted in the aftermath of the accident that they can't even feel the injury; they're running on endorphins and adrenaline. In other cases, they brush off the discomfort they feel as being so minor as to not be worthy of a trip to the doctor. More serious injuries like whiplash and concussions may not show symptoms until several days or weeks after the accident because they take time to develop as inflammation continues to increase. Complicating the situation is the fact that some soft tissue injuries can't be identified with an X-ray and diagnosis becomes challenging.

Steps To Take After A Car Accident

If you have been injured in a car accident, we recommend seeing a doctor right away for a full evaluation, even if you feel fine. Anytime you have been involved in an auto accident, you have the right to pursue compensation from either your own insurance provider or the other driver's insurance company, depending on the circumstances. This compensation can help pay for medical bills, lost wages, pain and suffering, and other expenses that arise as a result of the accident.
To receive compensation in these types of situations, you'll need the advice of the experienced auto accident attorneys at Madison's Eisenberg Law Offices. If you have been seriously injured in a car accident or are experiencing problems with an insurance provider and want to discuss your options, contact Eisenberg Law Offices 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/delayed-car-accident-injuries-eisenberg-law-offices/.

Illegal Search and Traffic Stops in Wisconsin | Terry Rule

The Terry Rule And Illegal Search In Wisconsin Traffic Stops

Traffic stops usually create a feeling of anxiety in drivers, especially when the driver doesn't know why he or she was pulled over and then starts getting questioned by the police. Even more disturbing is if the police begin to search the vehicle. It's not uncommon for police in these situations to cite the "Terry Rule" as justification for the illegal search and questioning.

The Terry Rule

The Terry Rule, also referred to as the Terry Stop or Terry Search is another term for a stop and frisk. The name comes from the U.S Supreme Court case Terry v. Ohio which determined that when a police officer has a reasonable suspicion, he or she can temporarily question and detain drivers or passengers, even without an arrest, in a public place for a reasonable amount of time. A Terry Stop is considered a seizure under the Fourth Amendment and should only happen when the officer has reasonable suspicion and/or the occupant(s) has attempted to flee the officer.
In order for police to conduct a search under the Terry Rule, the person stopped must be a valid suspect. That means the officer cannot conduct a stop for no reason.  The officer must have reasonable suspicion for conducting the stop.

Types Of Searches Allowed Under The Terry Rule

Even though the Terry Rule allows searching by an officer of the law, the extent of the search is supposed to be extremely minimal. The types of searches typically conducted under the Terry Rule include:

• Inconsistent Identification. The police may conduct limited searches due to inconsistencies between the information the person who was stopped provided and what is available in the police records database.
• Refusal to Provide Identification. Searches can also be conducted when the person stopped refuses to provide identification or claims that they do not have identification, but the officer suspects otherwise.
• Weapons Searches. If the officer feels threatened and has reasonable suspicion that he or she is in harm's way, a search may be made. Lawful weapons can only be held during questioning. Unlawful possession of weapons results in an arrest being made.

The Terry Search Is Confusing But Your Rights Are Not

The Terry Rule, Search, or Stop can be confusing to Wisconsin drivers. On the one hand, you are being told the officer has a right to search your vehicle, but on the other hand, you know that you are protected from unreasonable searches and seizures thanks to the 4^th Amendment of the U.S. Constitution.
Keep in mind that the U.S. Constitution takes precedence over state law. The Fourth Amendment prohibits unreasonable searches and seizures and requires that probable cause be established before a warrant is issued. Your Constitutional rights may have been violated by an illegal search during a traffic stop, but you'll need to consult a qualified criminal defense attorney to be certain.
What may seem to you to be a warrantless search may be allowed due to the officer's reasonable suspicion or if you tried to evade the officer, flee the situation, or withhold information. On the other hand, if you are arrested you must be read your Miranda Rights; any failure of the officer to do so could bolster your own defense. Drivers must walk a fine line under the Terry Rule; offering too much or too little information could result in a search making it difficult to decide what to do during a traffic stop situation.
Our best advice is to comply with officer requests as best you can. Don't fight the officer and be respectful, especially if you deny your consent to a search. However, if you feel like your rights have been violated during the traffic stop, contact one of our Wisconsin criminal defense attorneys for advice. We'll examine the evidence, ensure your right to due process is protected, and will uncover any actions or activities on behalf of the officers that may have violated your rights. If it turns out that you are charged with a crime based on evidence collected from a traffic stop and search that never should have happened, we can use this information to build your defense case. The repercussions of criminal convictions last forever, even if you've paid the price with jail time or fines.
Don't risk the rest of your life based on the results of an illegal search. Contact Eisenberg Law Offices in Madison, Wisconsin for help. We offer free consultations and accept cases throughout Wisconsin and northern Illinois. Call Eisenberg Law Offices at 608-256-8356 or email Info@eisenberglaw.org to arrange your free consultation.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/illegal-search-and-traffic-stops-in-wisconsin-terry-rule/.

You Don't Have to Drive to Be Charged With OWI

Wisconsin Criminal Attorney explains potential OWI charges

Operating a vehicle while intoxicated is a serious charge. Most people know they should be careful and not get behind the wheel of a car when they have been drinking or using drugs. If you are facing OWI charges when you weren't actively driving your car, read on to learn what you should do.
Acting Shows Intent
If you get into the driver's seat of a car or other vehicle when intoxicated, and the keys are in the ignition, that can be construed as intent to operate the vehicle even if you haven't started the car.
Another question is whether you manipulated any of the controls to drive the vehicle.
What the Police Can Do
If an officer suspects you operated the car, motorcycle, or other vehicle, with just keys in the ignitions, he or she can administer a field sobriety test. Refuse to take the test and you risk a possible suspension of your license. If you fail the test, then the officer can charge you with OWI based on your behavior around and in the vehicle and your test result.
If you wind up in jail because you have been charged with OWI, contact Eisenberg Law Offices. Our attorneys can try to help you have the charges dismissed or obtain a less severe sentence and give you advice on what you need to do to restore your driving license and record. OWI is not a charge to ignore, and legal representation is the best way to navigate the situation.
This post was originally published at https://www.eisenberglaw.org/you-dont-have-to-drive-to-be-charged-with-owi/

Get Your Car Ready for Safe Winter Driving

Is your car ready for Wisconsin Winter Driving?

After a long and ridiculously hot summer across the nation, the Upper Midwest and Great Lakes regions are finally getting a break. Much more comfortable temperatures have settled in Madison for now, but soon winter will descend. It's time to get your car ready.
Basic Preparations
Take your car in for a checkup and have everything inspected, from the heater to the brakes. If it's been a year since you last replaced your windshield wipers, do that now. And now is a perfect time to start talking to your mechanic about good winter tires and storage for your summer tires.
Have fluids like windshield washer fluid topped up, but do not use water. That will freeze.
Another item to check is your spare tire, and while you're looking in the trunk, update your emergency kit. Add at least one warm blanket, a spare pair of rain boots, jumper cables, tires chains, a first aid kit, a shovel, and cat litter -- you can use that last one to give your tires traction if you get stuck on ice or snow. Also add a phone charger that you can use in your car.
Check your ice scraper and replace it if the blade is worn. If you don't have an ice scraper yet, look for a combination scraper and snow brush. These are inexpensive and available at most auto and big box stores.
Before You Drive
Each time before you start driving when the weather is bad, check all your lights, your signals, and your tire tread. Always have your route planned out and be sure someone knows where you're going.
If the worst happens and you need to speak to an attorney about an accident, contact Eisenberg Law Offices. Our Madison law firm can help you deal with the aftermath of winter-weather driving events.
This post was originally published at https://www.eisenberglaw.org/get-your-car-ready-for-safe-winter-driving/

3 Reasons Contacting a Wisconsin Lawyer Before an Arrest Can Help

Don't wait to contact a Wisconsin Lawyer if you might be arrested

If you are afraid you will be arrested in or around Madison, Wisconsin, you do not have to wait to contact a Wisconsin Lawyer. In fact, if you can act sooner, waiting until you are arrested is almost always the wrong move. Taking charge and getting ahead of things can go a long way toward helping you defend against charges that may be filed.
1. Gain Control Over Your Arrest
When you are arrested, you control very little. You don't get to choose the time or place it happens, or the questions the police officers ask. If you contact a Wisconsin defense attorney beforehand, though, you have help on your side even before the arrest comes. Further, you can get some control over what is happening, instead of waiting and wondering.
2. Get a Jump on Your Defense
If you worry that an arrest is coming, working with an attorney early on allows you to start preparing your defense early. By the time the police arrest someone, they have begun an investigation and concluded that the evidence supports arresting that person. In other words, the police generally have a big head start in examining the evidence and putting their case together. If you start working with a Wisconsin attorney before you are arrested, you get an early enough start to help level the playing field.
3. Find a Chance to Reduce Charges
Finally, if you hire an attorney before your arrest, that attorney has a chance to look at charges and get them reduced before much damage is done, and even avoid an actual arrest itself. When an experienced attorney examines the evidence on which charges will be based, he or she has a chance to work with the prosecutor's office to have those charges reduced or, in some cases, dismissed entirely.
Anyone facing a potential arrest in Wisconsin should look to retain an attorney immediately. This can make a huge difference for you in getting out ahead of charges that may be filed.
This post was originally published at https://www.eisenberglaw.org/3-reasons-contacting-a-wisconsin-lawyer-before-an-arrest-can-help/

Can You Sue for Theme Park Injuries?

Consult an Attorney if you've suffered Theme Park Injuries

Wisconsin is home to many theme parks and water parks that can provide a great day of fun for you and your family. With thousands of people and rides that require frequent maintenance, though, theme park injuries will occur. If you are injured at a theme park or water park, you may not be sure when you can sue the park for damages. The park will usually take the position that it has no liability. Before you take their word for it, you should consult an attorney to learn about your rights.

When a Theme Park May Be Liable

When you go to a theme park, injuries can come from a number of situations. Sometimes walkways or attractions are not properly maintained. You might injure yourself when you slip, trip, or fall. In addition, a ride may malfunction, causing serious injuries to people who are on or near it at the time.
In addition, sometimes crowds of people create dangers all their own. Another patron or someone working at the park may act negligently or recklessly and injure you. This can be frustrating, and can not only ruin the park experience but also give you problems that last much longer. An attorney can help you navigate the law to help you get the compensation you deserve for your injuries.

Liability Waivers and Their Limits

Often, a theme park in Wisconsin will ask you to sign a liability waiver before you enter. While these are sometimes valid, it will depend on how the injury occurred, as well as the language of the waiver. If a park demands you sign away all rights no matter what happens, that will probably not be valid. In addition, certain kinds of damages cannot be waived, no matter what the waiver says.
If you have been injured at a theme park in Wisconsin and the park is at fault, you have rights. Don't rely on the park to tell you what those rights are. Contact Eisenberg Law Offices to get the compensation you deserve.
This post was originally published at https://www.eisenberglaw.org/can-you-sue-for-theme-park-injuries/

Injuries from Working Distracted Drivers

Distracted Drivers who are working are causing car accidents

By now, most people have heard about the dangers of distracted driving. Unfortunately, too many people think of it as something for others to worry about. Distracted driving is a major problem, in Wisconsin and throughout the United States. When drivers lose focus on what they are doing, they cause accidents. If you have been injured by someone driving on the job while distracted, you may be entitled to compensation.

How Distracted Driving Causes Accidents

You probably think immediately of texting and driving when you think of distracted driving accidents. This is why texting and driving is illegal in Wisconsin. But the stereotype of a teenager playing on a phone is only part of the story. Every day, intelligent working adults, pressed for time, attempt to multitask while they drive: eating, talking on the phone, texting, or drinking coffee. People excuse it by thinking this is working hard, and that multitasking makes them more productive.
Unfortunately, what it does is make them dangerous. Driving requires a focus, as you are in a vehicle moving at sometimes high speeds, with other vehicles all around. One unintentional veer into another lane can create serious injuries or deaths--and it does so almost every day. A distracted driver is a negligent driver.

Liability for Distracted Driving on the Job

When someone on the job injures you while driving distracted, you have the ability to recover damages. Depending on the situation, you may be able to recover from the driver's insurer, his or her employer's insurer, or either the driver or employer separately. These damages can include pain and suffering, lost wages, medical costs, and any other economic damages you have suffered as a result of the accident.
If you have been injured due to someone's distracted driving, you have legal rights. Contact Eisenberg Law Offices to talk through your case and your injuries. We will fight to get you the compensation you need and deserve for your injuries.
This post was originally published at https://www.eisenberglaw.org/injuries-from-working-distracted-drivers/

Headphones And Distracted Driving In Wisconsin

Wearing Headphones can cause Distracted Driving in Wisconsin

Distracted driving in Wisconsin is an ongoing challenge. As technology has expanded to infiltrate our vehicles, the car accident attorneys at Eisenberg Law Offices are noticing ever-increasing numbers of distracted driving cases. While most people understand that talking on the phone or texting and driving is a distraction that causes car accidents, another very common but less well-understood distraction is the use of headphones or earbuds while driving.
Although Wisconsin does not prohibit the use of headphones or earbuds while driving, that doesn't mean they aren't a distraction.

Not Being Able To Hear Causes Car Accidents

Sometimes, drivers use these devices to listen to music or talk on the phone while driving since this allows drivers to keep both hands on the wheel and their eyes on the road. However, anything that prevents a driver from devoting 100% of their attention to the roadway could be considered distracted driving in Wisconsin, earbuds and headphones included. As a general rule of thumb, drivers should always make sure they can hear what is going on around them – inside and outside the vehicle. Headphones and earbuds can make it harder for drivers to hear approaching sirens, motorcycles, or other vehicles because they fully block the ears, unlike music played through car speakers.
Our best advice is to refrain from using headphones or earbuds while driving, but if you must, keep the volume low enough that you can hear what is going on outside the car. You might even try to use the device in just one ear, keeping your other ear "on the road". The same recommendation applies to pedestrians and bicyclists – you always want to be able to hear what is going on around you when you're out and about, but especially when you are near a roadway.

Distracted Driving And Eisenberg Law Offices

Having the ability to hear your surroundings can prevent serious car accidents whether you are on foot, on a bike, or in the car. If you have been involved in an accident involving a distracted driver, as a victim or as the driver, contact Eisenberg Law Offices in Madison for advice and representation.
Call 608-256-8356 or email Info@EisenbergLaw.org to schedule a free consultation.
This post was originally published at https://www.eisenberglaw.org/headphones-and-distracted-driving/

When Is A Vehicle Totaled | Madison Car Accident Attorneys

What Determines When A Vehicle Is Totaled?

After the shock of a car accident wears off and injuries are taken care of, most vehicle owners start to wonder how much damage their car sustained. Foremost in their mind is usually whether or not the vehicle is totaled.
When a vehicle is totaled, it is considered to be a "total loss" by the vehicle insurer. Sometimes, drivers know immediately that the vehicle has been totaled - the damage is that severe. But in other cases, a driver may be surprised to learn that their car has been declared a total loss by their insurance company. Let's take a look at how this can happen.

How A Vehicle Is Declared A Total Loss

In general, insurance companies compare the Actual Cash Value (ACV) of a vehicle with the cost of repairs to determine if a vehicle is a total loss or not. If the cost of repairs exceeds the ACV of the vehicle, a total loss is likely. However, this simple comparison isn't always as straightforward as it seems. Different insurers use different criteria and sources to determine ACVs and each state has its own set of regulations as well.
In Wisconsin, the Total Loss Threshold is 30% and 7 years. If the vehicle is less than 7 years old and the cost to repair it would be more than 30% of its fair market value, the vehicle will likely be declared totaled. As you can guess, estimating vehicle damages can be a very subjective process, which is where insurer discrepancies arise. Sometimes, whether or not a vehicle is totaled after a car accident comes down to the individual vehicle appraiser.

What To Expect When Your Vehicle Is Totaled

If the insurance company declares the vehicle a total loss, you will receive a payment from them equal to the amount of the Actual Cash Value of the vehicle. The ACV is what your car was worth before the car accident, not afterward. You'll have to pay your deductible, but after that has been subtracted the rest of the funds are yours. Some insurers will replace cars that are less than three months old with a new vehicle, but that varies from insurer to insurer. For a better understanding of your specific insurer's policies, you can contact their customer service department. They are required by law to provide you with such information if you request it.
If you have been involved in a car accident and are having trouble with your insurance company, contact the car accident attorneys at Eisenberg Law Offices for help. Call 608-256-8356 or email Info@EisenbergLaw.org to arrange a free consultation.
This post was originally published at https://www.eisenberglaw.org/when-is-a-vehicle-totaled-madison-car-accident-attorneys/

Facts About Wisconsin Drug Laws | Eisenberg Law Offices

Little-Known Facts About Wisconsin Drug Laws

Our nation's drug laws are complex and varied. Federal and state crimes may differ and, in some cases, you may be charged with a crime even if you don't actually have any drugs in your possession. Here's a look at some little known facts about Wisconsin drug laws.

6 Surprising Facts About Wisconsin Drug Laws

1. Weight Includes More Than Just The Drug. In Wisconsin, drug charges and the penalties assessed are based on the amount of drugs you have in your possession. The amount is determined by weight, but weight includes more than just the drug itself. It can also include "any compound, mixture, diluent, plant material or other substance mixed or combined with the controlled substance." In the case of marijuana, for example, weight may include stems, roots, dirt, and water weight. This added weight can lead to inflated sentencing because it appears as if you had more drugs in your possession than you really did.
2. Even Having Drug Paraphernalia In Your Possession Can Lead To Jail. Wisconsin drug laws don't just target the drug, but also drug paraphernalia by making it illegal to "plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance." All a prosecutor has to do is prove that you planned to use the paraphernalia for its intended purpose for you to be fined and possibly send to jail.
3. You May Lose Your Driver's License. Almost all WI drug charges can lead to a loss of your driver's license, even if the drug charges were not the result of an OWI or traffic stop. This penalty is determined by the judge; sometimes it is imposed, sometimes it isn't. If it is imposed, you may have an especially difficult time trying to rebuild your life after drug charges since you most likely need a license to get to and from work or school.
4. Your Property And Assets May Be Confiscated. Wisconsin's civil asset forfeiture law allows police to confiscate your property and assets even if they are only loosely connected to illegal activity. You could lose your bail money, cars or your home even if you are not convicted!
5. "Possession" Has A Wide Definition. Under Wisconsin drug laws, you can be charged with "possession" even if you don't have any drugs on your physical person at the time of arrest. Having drugs in your house, car, or even within your reach is enough to warrant possession charges. The drugs don't even have to be yours to be charged with possession.
6. Even A First Offense Can Result In Prison. Different drugs carry different penalties in Wisconsin. For example, marijuana is still illegal in the state and first offenses for possession are considered a misdemeanor, which can result in up to 6 months of jailtime. First offenses for harder drugs range from misdemeanors to felonies, depending on the drug, and fines and penalties increase for secondary and subsequent offenses.

Wisconsin Drug Law Complexity Requires Help From A Criminal Defense Attorney

Drug sentencing is affected by the drug you are charged with, the actions of law enforcement, the judge who hears your case, and even the county in which you are charged. Nothing about fighting drug charges in Wisconsin is simple. Don't go it alone. Contact the criminal defense attorneys at Eisenberg Law Offices in Madison for help and representation as soon as you've been charged.
We offer free consultations so you can tell us your side of the story and we'll tell you if we can help you. Contact our team to schedule your free consultation by calling 608-256-8356 or emailing Info@eisenberglaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/facts-about-wisconsin-drug-laws-eisenberg-law-offices/

Fighting Child Abuse Charges In WI | Eisenberg Law Offices

Fighting Child Abuse Charges In Wisconsin

Child abuse is a serious offense in Wisconsin, resulting in a criminal felony if convicted. Every allegation of child abuse is taken seriously and is thoroughly investigated.
When facing child abuse charges, it is vitally important to contact an experienced defense attorney for advice and representation, even if you know the claims to be untrue. Being associated with even a whisper of child abuse – whether proven or not – is enough to derail your life, affect your career and reputation. The best defense is an early defense with help from Eisenberg Law Offices.

Child Abuse Charges In Wisconsin

Wisconsin State Statute 948.03 defines the physical abuse of a child as a crime in the state. Under the statute, the following are considered child abuse crimes:

• Intentional causation of bodily harm
• Reckless causation of bodily harm
• Failing to act to prevent bodily harm
• Engaging in repeated acts of physical abuse to the same child

Penalties vary depending on the crime and its severity, if the accused has a history of child abuse, and the accused's role in the abuse (perpetrator vs. witness who failed to protect the child).

Fighting False Child Abuse Charges

Child abuse devastates victims, their families, and their communities. There is very little sympathy for anyone accused of child abuse, even if those charges are unproven or later disproved. Once a reputation has been destroyed, it is very difficult to recover it, which is why it is so important to defend yourself against false charges immediately. Don't wait in the hopes that the accuser will retract his/her statement.
We have seen too many instances when lives have been ruined by false claims of child abuse. The most common ways this occurs are:

• Accidents or Injuries That are Mistaken for Child Abuse. There are many people involved in the life of a child, parents, grandparents, teachers, coaches, babysitters, neighbors. Sometimes well-meaning people mistake normal childhood injuries as evidence of child abuse. They contact the police to report their concerns, and suddenly you find yourself the suspect in a child abuse investigation. Even if you are innocent and the explanation is a simple one, it is always best to work with an attorney to present your side of the story.
• Blatantly False Allegations to Punish the Accused. Sometimes, people are accused of child abuse not because of well-meaning friends and caregivers, but because the accuser wants to punish the accused. This is common in situations where there are domestic disputes or if parents are going through a divorce or custody battle. The accuser tries to make the other parent look bad to sway the judge's decision on custody or visitation. Sometimes, false allegations come from the child as a way to obtain leverage over the adult. Again, even if you know the allegations are nonsense, don't try to fight them on your own. Contact an attorney to help guide you through the process and help you minimize damage to your reputation and your relationship with the child.

Consult Eisenberg Law Offices If You Are Facing Child Abuse Charges

If you need to report child abuse, call 911. Information on the signs of child abuse and how to report it can be found on the Wisconsin Department for Children and Families website.
If you are facing child abuse charges in Wisconsin, contact an experienced criminal defense attorney at Eisenberg Law Offices to discuss your situation. We offer free consultations and represent clients throughout Wisconsin and northern Illinois.
Call Eisenberg Law Offices at 608-256-8356 or email Info@eisenberglaw.org to arrange your free consultation.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/fighting-child-abuse-charges-in-wi-eisenberg-law-offices

Long-Term Effects of Juvenile Drug Crime Penalties

Accused of Juvenile Drug Crimes? Criminal Lawyer can help mitigate impact

Juvenile drug crimes are not treated lightly. Even if the eventual penalties for a particular case are not severe, it is never a given that the courts will go easy on the juvenile. In fact, they could hand down relatively harsh or long-lasting punishment depending on certain circumstances. For juveniles and their families, these penalties could have long-term effects.
Basic Penalties
Juveniles may face punishment for a number of drug-related activities such as possession, intent to sell, injury caused during a drug transaction or due to the influence of drugs, and even possession of drug paraphernalia without any drugs being present. Conviction on any of these charges can lead to fines and supervision, and parents may be required to pay for damages that occurred during or as a result of the juvenile's involvement with drugs. The limit for reimbursement by parents is $5,000, and for those with lower incomes, that can be a difficult amount to gather.
The effects of the conviction last longer than just the jail time or time it takes to pay fines. These crimes may make it harder for the juvenile to receive any federal funding for school in the future, and they may make it harder for the juvenile to move away from home and rent property. Future employers, too, may take the conviction into account.
A Potential Way Out
In particular cases, severe punishment may not be the only option. Courts can allow juveniles to go into a treatment program for drug offenders; if the juvenile successfully completes the program, that could reduce charges substantially or even reduce any further punishment.
Each case is highly individual. Juveniles facing drug charges need to speak with a lawyer who is well-versed in how Wisconsin courts handle drug charges. It may be possible to arrange a deal that lessens the long-term effects of the conviction, but those facing charges need to see a criminal defense lawyer immediately. Contact Eisenberg Law Offices to schedule an appointment for a consultation.
This post was originally published at https://www.eisenberglaw.org/long-term-effects-of-juvenile-drug-crime-penalties/

Bicyclists - Don't Forget Your Helmets

Bicycle Accidents - Wearing your helmet still makes sense

Madison bicyclists may be taking unnecessary risks with their lives by not wearing helmets while riding, according to a recent story in the weekly paper Isthmus. With the discovery that wearing a bicycle helmet may actually draw cars toward a bike or make the car drivers be less careful around bikes, the drop in helmet use might sound at least a little bit sensible. However, the fact remains that wearing a helmet can reduce the chances of severe injury in a bicycle accident, as the Isthmus story pointed out. The smaller number of cyclists wearing helmets, then, means the potential for injury, disability, and death increases.
Every Bit Counts
Helmets aren't magical devices. They protect your head if you end up being thrown off balance, and while they can't prevent injury completely, they can reduce the chances of a severe injury by up to 70 percent. In other words, you might end up with bruises and bumps, but you may still be able to resume your regular life with no brain injury, whereas going through the same accident while not wearing a helmet could put you into a coma.
You also have to realize that your decision not to wear a helmet has effects on others around you. For example, if you crash into a car (car-bike accidents are not always the car driver's fault) and sustain a major head injury, the psychological effect on the driver can be profound.
Fit Matters, Too
When you decide to wear a helmet when cycling, you improve your chances of staying safer on the road, but how you wear the helmet affects that as well. You don't gain much advantage if you wear the helmet incorrectly. For example, helmets should be flat on top of your head, and the straps should fit properly around -- not over or on -- your ears. 
If you have been in an accident as a cyclist or involving a cyclist and need legal help, contact Eisenberg Law Offices. Speak with an attorney to increase your chances of having a satisfactory outcome for your case.
This post was originally published at https://www.eisenberglaw.org/bicyclists-dont-forget-your-helmets/

Defending Charges for Bar Fights

Charged in a bar fight?  Madison Law Firm is ready to help

Bars can be dangerous places. Whenever people are drinking and together in a small room, a fight can happen. Unfortunately, this can get you in trouble even if you didn't start the fight. While you should try to avoid a fight when possible, sometimes you get pulled in. When this happens, you can face criminal charges for something you didn't start. You will need the help of a good legal team to help defend your rights.
Self-Defense
If someone attacks you, you have a right to protect yourself. You must be able to show that you believed you were in immediate danger. Someone making fun of you or insulting you is not enough, unless that was part of some threatening posture or language. How to demonstrate your belief will depend on the circumstances, and may mean you need witness testimony to support you.
Besides a threat, you must also show that you used only the amount of force needed to defend yourself. This is critical; if you draw a weapon in a fistfight, you may struggle to argue that you had to do so. Your right to defend yourself does not also give you the right to attack beyond what is necessary to protect yourself.
Defending Someone Else
You also have the right to defend someone else who is with you. Even if you are not personally attacked, if a friend faces a threat that you believe to place him or her in danger, you may be able to step in and help. Again, you must have a reasonable belief that someone presented a risk of harm to your friend, and you can only apply the level of force that is required to stop the threat. Going beyond either of these limits will subject you to charges.
Sorting out fault in a bar fight is challenging at best. You or others there will likely be intoxicated, and you will need help sorting out the facts. You will need to work with an experienced criminal defense attorney to help you defend your right to protect yourself and others.
This post was originally published at https://www.eisenberglaw.org/defending-charges-for-bar-fights/