Why juvenile delinquency charges need to be taken seriously

A Juvenile Delinquency Charge can have long-lasting impact

It's easy to dismiss a juvenile delinquency charge as something that won't stay on your "permanent record" and that won't result in long-term legal punishment. But the truth is that a juvenile delinquency charge can have very long-term effects on a person's life outside the legal system. The juvenile may not end up with a long sentence, but research now shows that even a short stay in a juvenile detention center can set him or her on a totally different and unwelcome path.
The research in the spotlight was published in the Quarterly Journal of Economics. It looked at outcomes of juvenile detention sentencing in random courtrooms and how the sentencing affected the juveniles after they were released. The researchers found that, when sentenced by a judge with a high incarceration rate, a juvenile released from detention had a much lower chance of completing high school, and a higher chance of being incarcerated -- in other words, a higher chance of going on to commit more crimes -- as an adult.
Understand that even when juvenile incarceration is short, the psychological effects linger. In today's fast-paced world, missing even a month or two of school can make catching up seem impossible. There is also the potential social shame of having been in detention, and if the teen isn't surrounded by supportive family and friends, he or she could decide it isn't worth it to try to catch up or even stay in school.
If your teen is facing a juvenile delinquency charge, take it seriously. Speak with a lawyer who can help the teen reduce or avoid detention. The lawyers at Eisenberg Law Offices will evaluate the situation and discuss your options, and they'll help you deal with the court process. Don't assume this type of charge can be shrugged off. Your teen needs legal help now.
This post was originally published at https://www.eisenberglaw.org/why-juvenile-delinquency-charges-need-to-be-taken-seriously/.

The Consequences of Texting While Driving

Charged with Inattentive Driving for Texting while Driving?

Phones with texting capability are ubiquitous, and having one hand on the steering wheel and one on the phone (or worse, knees on the steering wheel and both hands on the phone) seems almost natural now for many people. But in Wisconsin, it's illegal to text and drive. State law permits cell phone use while driving only in certain circumstances, and state legislators constantly look for ways to make the existing legal consequences tougher.
Currently, drivers in Wisconsin who have a regular license (not a probationary one) can talk on their phone while driving; those who have probationary licenses or instruction permits can't use their phones at all except when there is an emergency. No driver, regardless of license status, can text while driving. This act falls under the inattentive driving law and results in a ticket, license demerits, and a fine. There are additional penalties if the driver has a probationary license or instruction permit.
Legislators in Wisconsin strengthened the texting-while-driving laws in early 2017, but then in late 2017 they looked at making the laws even tougher. Not only would the fine be increased, but the legislators also looked at ways to prevent people from using their phones while driving to get any type of data, except directions.
Don't try to get around the law by using email instead of your text app; email is treated like texting for the purposes of the law.
But legal effects aren't the only consequences. The distraction that texting provides -- eyes off the road, absorption in the text conversation and not on paying attention to traffic -- can result in accidents that damage property and kill people. The National Highway Traffic Safety Administration says that in 2016 alone, 3,450 people were killed in accidents caused by distracted driving, which includes texting.
This is not a minor issue. If you've been pulled over for texting while driving, talk to the lawyers at Eisenberg Law Offices about your options. Most importantly, avoid texting or emailing while driving under all circumstances.
This post was originally published at https://www.eisenberglaw.org/the-consequences-of-texting-while-driving/.

The Legality of OWI Traffic Stops and Searches in Wisconsin

Illegal Traffic Searches in Wisconsin | Know your rights

If you are stopped for a suspected OWI in Wisconsin, the police may search you or your vehicle. But depending on the circumstances, you may be able to argue that the search or even the stop itself was illegal. Understanding your rights can mean the difference between a conviction for OWI or other offenses, or being able to get the case thrown out.
Does the Officer Have Probable Cause?
Before a police officer can search you or your vehicle, he or she needs to have probable cause. This means there must be a reason to suspect you committed a crime of some kind. The way to establish this is vague in the Wisconsin statutes, which gives the police officer a lot of room to interpret. It can include the way you behave or look or even smell; if there is a reason to suspect you are doing something wrong, the officer can conduct a search of you or your vehicle.
On the other hand, there are limits. If you were driving safely without speeding or swerving, the stop itself may have been illegal. There must be some evidence of breaking a traffic law, or what's called "reasonable suspicion," before you can be pulled over. Wisconsin does not even allow sobriety checkpoints like many other states do; there must be something about your individual driving that made the police officer suspect something was going on.
Cooperate First, and Challenge Later
Of course, you should not argue with the police officer. An officer might interpret belligerence as a reason to do field sobriety tests or to search you or your vehicle. If you are pulled over, you should listen and do what the officer asks. Do not admit to any guilt; do not consent to any searches. Questions as simple as "Do you know why I pulled you over?" can be used later to justify a search.
If you are arrested after a stop or search of your vehicle, do not be argumentative, but request to speak to a lawyer. Eisenberg Law Offices will examine your case and help defend your rights.
This post was originally published at https://www.eisenberglaw.org/the-legality-of-owi-traffic-stops-and-searches-in-wisconsin/.

Marital Assets Often Overlooked in Divorce

Check for these Overlooked Marital Assets during a divorce

Wisconsin is a community property state, which means that all marital property is divided equally between the divorcing spouses. Some types of marital property are often overlooked. If you are considering or in the process of getting a divorce, be careful not to forget about the following:
Rewards for Credit or Travel
If you earn reward points for hotel stays or credit card usage, or miles for airline travel, all of that is part of your marital property. Most of the time one spouse will buy out the difference from the other, but you need to account for this when listing and dividing marital assets. Often the card, hotel, or airline will put a monetary value on the points, making the division or buyout easier to calculate.
Stocks and Bonds
If one of you has a retirement or other brokerage account, this is part of your marital property. Here, valuation can be tricky; stock values change daily and ideally are expected to increase over the long term. You will need to agree on a method for determining the worth and determine the most beneficial way to divide the asset.
Household Debts
The total value of the marital estate includes more than just assets. While you are unlikely to forget about the mortgage or auto loans, credit card debt and other loans factor in as well. These negative value items also get divided between you and your spouse, so you should make sure you account for this in calculating and dividing the marital estate.
Over the course of a marriage, you can accumulate a great deal that you might not think of as critical to the value of the marital estate. However, because it all pools together, understanding what is at stake is critical to reaching a fair division of assets and debts in your divorce.
This post was originally published at https://www.eisenberglaw.org/marital-assets-often-overlooked-in-divorce/.

Uber Auto Accident Claims continue to climb

Contact a Personal Injury Attorney if you've been involved in an Uber Auto Accident

Uber and other ride-sharing services have grown at incredible rates in recent years. In fact, Uber reports having 40 million monthly riders. But with the increased traffic, more accidents for people using the service are inevitable. If you have been injured in an accident with an Uber driver--whether driving you or hitting the car you are in--you may be entitled to compensation.
Uber's Independent Contractor Model
One difficulty in suing for damages after an Uber-related accident is that Uber does not treat the drivers as its employees. Instead, its drivers are independent contractors, which may prevent you from getting to the company itself in a lawsuit. While claims for agent relationship are possible, often you are left with only the Uber driver to sue.
On the other hand, Uber has recognized the problems this can create, and has recently begun providing liability insurance on all its vehicles. This coverage comes with limits of $100,000 per person or $300,000 per accident. It is separate from any liability coverage the driver may carry. If the driver and the company are found to be at fault, this provides more money from which to collect a damages award.
Determining Liability
Wisconsin law for personal injury works under the tort system, so if a driver is at fault for your injuries, he or she is responsible for damages. In an Uber accident, if you were a passenger, this means the court or insurance companies will have to decide whether your driver or the other driver was at fault. If an Uber driver causes an accident when you are driving another vehicle, fault will be determined between you, the Uber driver, or possibly Uber as a company. The facts of the accident will determine who is responsible, and from whom you can recover damages.
This can become a complicated issue, and the insurance companies involved will try to direct blame away from their insured whenever possible. If you have been injured in an Uber-related accident, contact Eisenberg Law Offices for the experienced personal injury representation you need. 
This post was originally published at https://www.eisenberglaw.org/uber-auto-accident-claims-continue-to-climb/.

Personal Injury Attorney Fees - contingent fee basis

Madison Personal Injury cases handled on a contingency fee basis

If you have been injured in or around Madison, Wisconsin, you should contact an attorney to help you get compensation for your damages. While most people understand this on some level, they may worry about the ability to pay for an attorney. If you are worried about the cost of legal services, you may benefit from a contingent fee arrangement. This removes much of the burden of paying and can help you gain access to the civil justice system.
How Contingent Fees Work
When you speak to a lawyer about your case, he or she will help you understand your rights and your options. If you decide to hire the attorney on a contingent fee basis, you do not have to pay up-front legal fees. Instead, the attorney agrees to work on your case and collect his or her payment at the end. This comes as an agreed percentage of your settlement or trial verdict, along with costs and expenses incurred in preparing and presenting your case.
The arrangement gives you peace of mind. You can concentrate on healing and recovering from your injury without the added burden of paying an attorney.
What If You Lose?
Of course, you may worry about what happens if you go to trial and lose. If that occurs, the attorney usually bears the cost of the loss. The fee is contingent on the attorney earning you a damages award; if there is no award, you will not pay a fee at all. The attorney takes on this risk and essentially bets on his or her abilities and the strength of your case.
If you are injured and worried about your ability to afford a great lawyer, contingent fee agreements can get you there. You can afford an experienced personal injury lawyer. In Madison, Wisconsin, working with Eisenberg Law Offices gives you that opportunity.
This post was originally published at https://www.eisenberglaw.org/personal-injury-attorney-fees-contingent-fee-basis/.

Reporting Domestic Violence In Wisconsin

Reporting Domestic Violence Carries Repercussions

2014 saw the passage of new laws regarding domestic violence in Wisconsin. Specifically, the law changed the consequences for reporting by placing the decision to make an arrest upon responding law enforcement officers. Prior to these changes a report practically guaranteed an arrest. Now?
Wisconsin State Statute 968.075 allows an officer to make an arrest if: "The officer has a reasonable basis for believing that continued domestic abuse against the alleged victim is likely."
The second part of the sentence gives quite a bit of leeway to officers and may not always lead to an arrest. However, even when arrest is not made, there are repercussions for reporting domestic violence to the authorities.

Domestic Violence Reports Can Be Used As Evidence

As part of the 2014 change, district attorneys are now required to report all instances of law enforcement responding to a domestic abuse call without making an arrest to the Wisconsin Department of Justice. Prosecutors can then use these reports as evidence if the accused is charged with domestic abuse within the following 10 years. These reports can be used even if the suspect wasn't charged or wasn't convicted of the crime.
Even if the officer does not make an arrest, he/she still has to file the report and the district attorney will still look at it. It's possible that the district attorney will find enough evidence to make an arrest and will send an officer back to arrest you.
We are not suggesting that anyone suffering domestic abuse not report it. If you are being abused and need legal protection from your abuser, you should definitely call the police and make the report.
What we do want to point out is that these legal changes mean even frivolous reports can be used against a person for a decade, so reporting domestic abuse when there isn't actually any abuse going on may affect your partner for a long time.
Finally, anyone who has been charged with domestic abuse, should consult a criminal defense attorney right away. Prompt response by your attorney can minimize damage and protect you from false charges. As this law proves, even allegations have far-ranging consequences for which you may be unaware.
For example, anyone who has had a restraining order or an injunction for domestic violence placed against them must surrender their weapons and a conviction can result in a loss of your Second Amendment right to own a firearm. There are even short-term consequences. Anyone arrested for domestic abuse in Wisconsin must refrain from contacting the victim and stay away from his/her residence for 72 hours following the arrest, even if they live in the same house.

Consult Eisenberg Law In Domestic Abuse Situations

Wisconsin has many special rules and procedures that apply in cases involving domestic abuse. Consultation with one of Eisenberg Law's experienced defense attorneys is extremely important to ensure your freedom and keep your record clear. Even if the allegations are true, an attorney can provide insights into how the prosecutor and judge are likely to handle the case and explain your best defense options. The stakes are simply too high to leave the situation to chance.
Contact Eisenberg Law Offices for a free consultation by calling 608-256-8356 or email Info@EisenbergLaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/reporting-domestic-violence-in-wisconsin/.

Possession Of Drug Paraphernalia Charges In WI

Fighting A Possession Of Drug Paraphernalia Charge

The creativity of drug users is impressive. Non-users would be surprised to see the number and variety of common household objects that become drug paraphernalia in the hands of an addict. From a legal perspective, drug paraphernalia can be anything that is used to smoke or ingest a controlled substance…a soda can, a plastic baggie, a wrapper.
Possession of drug paraphernalia is a crime in Wisconsin. A conviction can include fines of up to $500 and/or up to 30 days in jail. Wisconsin State Statute 961.573 specifies that:
"No person may use, or possess with the primary intent to use, drug paraphernalia 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 or controlled substance analog in violation of this chapter."
When defending against charges of possession of drug paraphernalia it is very important to review the statutes governing the charge as they may hold the key to beating the charge.
Details Matter
For example, suppose an individual was pulled over during a routine traffic stop. The police found reason to search the vehicle and discover cocaine inside a wrapper which was inside a plastic baggie.
But, according to state statute 961.573, there must be "intent to use" the drug paraphernalia. Simply having drug paraphernalia in your possession isn't enough to prove guilt. It is these types of technicalities that can mean the difference between a conviction and walking free.
Defendants are entitled to trials based on the charges levied by the prosecutor – and only those charges. They cannot be prosecuted for uncharged offenses, even if they are of the same general character as the primary charge.

Eisenberg Law Can Help You Fight A Charge Of Possession Of Drug Paraphernalia

If you have been charged with or convicted of possession of drug paraphernalia in Wisconsin, contact the criminal defense attorneys at Madison's Eisenberg Law Offices for a free case consultation. Our criminal defense attorneys bring over 35 years of experience to every case.
Call Eisenberg Law Offices at 608-256-8356 or email Info@EisenbergLaw.org to schedule a free, no-obligation consultation.
This post was originally published at https://www.eisenberglaw.org/possession-of-drug-paraphernalia-charges-in-wi.

Car Accident Attorneys | Lane Change Car Accidents

Eisenberg Law's Car Accident Attorneys Explain Liability In Lane Changing Cases

Once we come to our senses after an accident and ensure everyone is safe, our thoughts might turn to insurance claims and liability. In the case of lane changing accidents, liability might be determined by the speed of the vehicles involved in the accident, whether turn signals were used, and whether the driver checked the blind spot.

How Car Accident Attorneys Prove Liability In Lane-Change Accidents

Fault or liability in a car accident is typically tied to driver negligence or violations of the state's motor vehicle laws. Negligence claims in car accidents, including lane-changing accidents, must take into account four elements: Duty, Breach, Causation, and Damages. Car accident attorneys must prove these elements in order to win a car accident liability case for their clients.

1. Duty: Did the other driver owe you a duty of care to drive responsibly?
2. Breach: Did the other driver fail to meet this duty, by changing lanes too abruptly or without looking?
3. Causation: Were you injured as the result of the other driver's lane change, and were your injuries the fault of the car accident or caused by something else?
4. Damages: Can you provide documentation of your injuries, through medical records, medical expenses, or evidence of emotional distress?

Wisconsin State Statute 346.07 dictates when and how a driver may pass and clearly specifies that a driver cannot do so until it is safe. Likewise, the vehicle that is being passed must yield to the one overtaking it until it has been completely passed. This second part of the statute is important because it opens up the possibility of the driver who was passed being found liable for an accident if he or she sped up to prevent the other driver from passing them.

Proving Liability in Lane-Changing Accidents Requires Help

Even if fault for the accident seems obvious to you, there are many nuances in the law that can make proving liability difficult. There's also the need to provide different kinds of proof to back up your arguments. The accident attorneys at Eisenberg Law Offices are skilled in litigating lane-change lawsuits and ascertaining liability for accidents. If you have been involved in a car accident and want to pursue the matter in court, 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/car-accident-attorneys-lane-change-car-accidents/.

Daycare Negligence | Personal Injury | Eisenberg Law

Daycare Negligence Can Be Attributed To Hiring Practices

The injuries and deaths of children that happen while a child is at daycare never fail to make headlines. Injuries can arise at a daycare in any number of ways, from playground injuries to food allergy situations, to unsafe conditions inside the daycare and even to abuse by daycare providers. During summer, we see a rise in cases involving hot car deaths when a child has been overlooked by daycare staff and left buckled in a car seat inside a vehicle on a hot summer day.
In most of those cases, daycare negligence comes down to maintenance and repair issues or negligent actions of staff. A recent case in Alabama went a little bit beyond that to include the daycare's hiring practices as reason for a child's daycare death.
The Johnson Case
Parents in Mobile, Alabama, sued their daycare provider for the death of their 5-year old son who was found dead along the road a few miles from the daycare. It is thought that the driver of the shuttle that picked him up for daycare inadvertently left him in the vehicle where he died and she later removed his body from the vehicle and left it along the roadway.
The family sued the daycare alleging negligence in their screening and hiring practice.  A simple background check would have revealed a lengthy arrest and conviction record for the driver, dating back to 1991. The driver's arrest history included multiple counts of theft of property, no driver's license, failure to appear in court charges, giving a false name, and fugitive from justice charges.
Negligence and Duty of Care
One of the primary components of any negligence case is proving that the defendant owed the victim a duty of care. In other words, did the daycare have a duty to provide the family a safe means of travel to and from the daycare and care for the child while he was in their hands. Just about anyone will say, "Yes, the daycare had a duty to keep the child safe while in their care." That's the function of a daycare, after all!
Where the case becomes interesting and less clear-cut is in whether or not the daycare provider performed their due diligence in hiring the driver.
This case demonstrates the many different factors that can influence daycare negligence. Few consider the hiring practices of the daycare as a factor in determining negligence, but in this case it may play a very important role. This is a good example of why you should always seek the advice of an attorney when an accident has occurred. Daycare negligence cases can be very complex and require the services of an experienced liability attorney.
If you suspect you are the victim of negligence, contact Eisenberg Law Offices in Madison WI for a free case consultation. Call 608-256-8356 or email Info@eisenberglaw.org to arrange a free consultation.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/daycare-negligence-personal-injury-eisenberg-law/.