Charged with Possession of Child Pornography in Wisconsin?

Possession of Child Pornography is worth fighting if you have a case

A charge of possession of child pornography in Wisconsin is cause for alarm for anyone, but especially for those who claim they had nothing to do with the images despite an apparent connection. The ability to essentially contaminate a computer, or even an internet connection search history, is not a myth, and it takes a lot of investigating and legal wrangling to reach the truth.
Charges and Punishments
If convicted of possessing child pornography, you could face at least three years in prison. However, there is some leeway as the judge does not have to give you that exact sentence. Because the definition of child pornography in Wisconsin requires the child to be real (e.g., not necessarily a fictional character in a text-only story, for example) and that the charged person must have known the child was under 18, there are potential defenses.
Still, the thought of a court battle and the publicity it might generate doesn't make the situation any easier to take, even if you know you'll be acquitted. A good lawyer can help you deal with the process.
But if you were not the one who first accessed the pornography -- in other words, if pictures, for example, were found on your computer, but you have no idea how they got there -- then avoiding conviction and even getting the charges dropped is crucial.
You would have to show, though, that someone else had access to your computer, either physically or through hacking, or that someone else used your internet connection. If the pornography was not computer-based (e.g., physical photographs), you'd have to show that someone else could have brought the photos to your property.
It's difficult to do that yourself. You need expert representation from an attorney who knows the potential routes that others can take to make you look like the culprit. Contact Eisenberg Law Offices and speak with the attorneys there. You can't face this alone, and you need to act fast.
This post was originally published at https://www.eisenberglaw.org/charged-with-possession-of-child-pornography-in-wisconsin-heres-what-to-expect.

Will My Personal Injury Case Go to Trial?

Most personal injury cases are settled before trial

The news often carries stories of personal injury lawsuits that end up in lengthy court battles. That can make potential plaintiffs wonder if their cases will end up with similar courtroom-based fates. In reality, not every case makes it to court because a large number of cases are settled before any courtroom action is possible. Many defendants offer settlements, which plaintiffs can choose to accept or decline. When to agree to a settlement and avoid court is sometimes tricky.
Why Choose Settlement?
Avoiding court and getting paid are really the main drivers behind settlements. Personal injury lawsuits can take years. Appeals, delays, stays, and other tactics can stall a lawsuit's progress. In the meantime, the plaintiff is beset by mounting medical and legal bills. A settlement allows the injured party to receive money more quickly.
Defendants may offer settlements in order to avoid potentially larger payouts ordered by the court.
Other times the parties may agree that there is a problem and that an agreement and settlement is better than going to court. It's better when negotiations work out, allowing the injured party to be compensated fairly without heading into a courtroom.
However, if you've been injured, you shouldn't accept any settlement offer that comes your way. You need to speak with an attorney who can determine if the settlement is fair. Many initial offers, especially in cases where the defendant denies responsibility, are lower than is acceptable.
If you're faced with a personal injury lawsuit and settlement offer, contact Eisenberg Law Offices and arrange a consultation. Proper legal representation promotes a much fairer outcome for you.
This post was originally published at https://www.eisenberglaw.org/will-my-personal-injury-case-go-to-trial.

Understanding the Risks of Synthetic Marijuana Use in Wisconsin

Using synthetic marijuana can result in drug charges

Today a large volume of advertising promotes the potential positive effects of marijuana. While these may or may not have merit, people who have their guard down about marijuana may be in danger when it comes to different kinds of synthetic marijuana available. These substances come in different forms, but all of them are illegal to sell, use, or possess. If you have synthetic marijuana in Wisconsin, you risk drug charges and prison time.

Forms of Synthetic Marijuana

You can come across synthetic marijuana in many forms. Most of the time, it comes either in liquid form or as a substance sprayed onto dry leaves. It can appear similar to incense, potpourri, or a regular marijuana joint. It may even be placed in an electronic cigarette for "vaping" purposes.
Regardless of the form, synthetic marijuana is associated with a number of health symptoms:

• vomiting
• hallucinations
• psychotic episodes
• violent behavior
• suicidal thoughts
• kidney damage
• high blood pressure
• death

Whatever the form of the product, it is very dangerous to use, and can create problems well beyond what has been associated with real marijuana.
Legal Implications
Wisconsin made synthetic marijuana illegal in 2011 Wisconsin Act 31. In classifying it as an illegal controlled substance, this statute makes it illegal to use, possess, or sell synthetic marijuana. If you are convicted of violating this act, you are subject on a first offense to a $1,000 fine and imprisonment for up to six months. A second offense is considered a Class I felony. And the first offense does not have to be for synthetic marijuana; if you have a prior conviction for any narcotic substance, possession of synthetic marijuana will lead to automatic felony charges.
If you have been arrested for the possession, sale, or use of synthetic marijuana, you do have legal defenses available. Drug charges in Wisconsin bring severe penalties, though, so you do not want to go it alone. Eisenberg Law Offices has experience in helping defend against drug charges, and should be your first call if you have been arrested.
This post was originally published at https://www.eisenberglaw.org/understanding-the-risks-of-synthetic-marijuana-use-in-wisconsin.

Misdemeanor Theft Charge in Wisconsin: What happens next?

Get help from a criminal defense attorney if you've been arrested for misdemeanor theft

A charge of misdemeanor theft in Wisconsin applies any time you are accused of taking something of value from another person without intending to return it. If you are served with a summons and arrested on these charges, things start to move fast. You will want to hire an attorney right away, before the process starts moving in earnest toward a trial.
1. The Court Commissioner Sets Your Bond or Bail
When you first appear, a court commissioner decides whether you can be released on bond, or charged bail to be released until trial. This applies if he or she decides you can be released with a signed promise to pay if you do not appear for your arraignment. Here, a criminal attorney experienced in Madison courts can help immensely; he or she will understand the system and give you a much better chance of being released without an upfront payment of bail.
2. Pleas and Discovery
When you appear for your arraignment, you will be asked whether you plead guilty or not guilty. A guilty plea means you admit to the crime with which you are charged and consent to punishment. Not guilty means the opposite: you intend to fight your misdemeanor theft charge at trial. If you enter a not guilty plea, the prosecutor will turn over to you or your attorney the evidence with which the state will argue for your guilt. Here, again, an experienced criminal attorney can examine the evidence to look for weaknesses, or signs that the state may not be providing all of its evidence.
3. Court Date and Judge Assignment
At the end of this initial hearing, the Court will set your next hearing date and assign a judge to your case. Your attorney can help you file a motion for a different judge if appropriate; because judges approach cases differently, your attorney may know whether you may fare better with a different judge.
If you are arrested for misdemeanor theft, the right lawyer can help immensely. Contact Eisenberg Law Offices for help with your defense.
This post was originally published at https://www.eisenberglaw.org/misdemeanor-theft-charge-in-wisconsin-what-happens-next.

Protecting Your Health Insurance Rights in Wisconsin

Get help with your medical bills after a personal injury

If you are in an accident in Wisconsin, one worry you face comes in the form of growing medical bills. In many cases, the hospital will not immediately bill your insurance company, leaving you looking at numbers that seem terrifying. Fortunately, you can find help with your personal injury medical bills. We work regularly with hospitals and insurers to help our injured clients find peace of mind.

Medical Bills After an Accident

When you receive your first medical bills after an accident, you may be in for some shock. Medical costs are higher than ever in the United States, in Wisconsin and everywhere else. And the hospital may not directly bill your insurance after an accident. It may want a higher payment than the negotiated amount your insurer provides, and hope that your accident settlement will reimburse for the full billed amount.
Unfortunately, you must pay your medical bills, and if you do not make payments on them, they can get sent to a collections agency while you wait for a settlement or trial. The medical bills can hurt your credit before you even think to respond.
Protecting Your Rights
Fortunately, as your Madison accident attorneys, we can help. We work with hospitals and insurers to help you get the bills routed for coverage. If you win your case or receive a settlement, the insurer will get reimbursed for what it pays. But this works in your favor in two important ways. First, it prevents you from going deep into debt while you wait for a settlement, and prevents you from accepting a settlement far lower than you deserve. Second, your recovery comes not in the amount an insurer paid, but for the reasonable or actual cost of medical care. After the insurer recovers what it paid, any additional amounts go to you.
If you are in an accident, you need a Madison accident attorney who will help you understand and protect your right to recovery. Contact Eisenberg Law Offices today to get the help you deserve.
This post was originally published at https://www.eisenberglaw.org/protecting-your-health-insurance-rights-in-wisconsin.

Technology Can Help Your Wisconsin Personal Injury Claim

Look for a Madison Personal Injury Attorney that uses Current Technology

If you are injured in Madison, Wisconsin, it is easy to find a personal injury attorney. Look at the phone book, a billboard, or your mail, and you will find dozens of lawyers. Finding the right one, though, takes a little more time. One area that can set the best firms apart comes in embracing and applying technology to help with your case. Savvy applications of current litigation technology can make your case more efficient in preparations and give you a leg up in the courtroom.
Document Discovery and Fact-Finding
The older method of conducting discovery and fact finding was to ask for documents and hit the road to learn what was possible. This might involve visiting the police department, reaching out to insurers, and finding all the witnesses and experts available. Anything that could be learned came through witness interviews and examination of an accident scent.
While all of this remains viable, technology available can make much of this process easier. If you are fighting with an insurance company or a business, they may try to bury you in paper for your claim. We use technology designed to cut through the mass of documentation to find what really matters for your accident claim. We can also use electronic modeling and examine records quickly and easily to complete your investigation with less time or expense than has ever been required before.
In the Courtroom
The technological advantages extend to the courtroom as well. We can provide electronic displays for the jury and use simulations to help the jury see not only what happened, but how and why. Instead of sifting through witness testimony to reach several different impressions of what happened, technology can help both the judge and the jury see and feel what you went through.
As technology advances, you should not ignore the advantages it can bring for your personal injury case. If you have been injured in or around Madison, Wisconsin, contact Eisenberg Law Offices. We will use the technology you need to present your best case.
This post was originally published at https://www.eisenberglaw.org/technology-can-help-your-wisconsin-personal-injury-claim.

Using Social Media During Divorce | Madison Divorce Attorneys

Madison Divorce Attorneys Advise: Think Before You Post on Social Media

Social media is so common and widespread these days that we sometimes forget it's a public forum. As our Madison divorce attorneys have witnessed firsthand, that can pose a problem for people going through contentious divorces. Social media posts and comments can be used as evidence in many different kinds of legal cases, including divorce and child custody situations. Social media sites are one of the first places your spouse or his/her attorney will look for evidence that can be used against you. Pictures, videos, posts, comments…they are all fair game. Our attorneys have compiled a few tips to help individuals navigate social media while going through a court case.

Social Media Tips For Those Going Through A Divorce Or Custody Case

1. Don't discuss your case. It's tempting to air your grievances to your friends and garner public sympathy but it's not worth the damage such posts can do to your credibility and as a result, your case.
2. Don't badmouth your spouse or the judge. Similar to not discussing your case, badmouthing your spouse and especially the judge in public is a very bad idea. The last thing you want to do is disparage the person who will decide who gets custody of your kids! Trust us, any negative comments will find their way back to the judge and they won't put you in a very positive light.
3. Adhere to the terms of any court orders. Before you post any images or videos or even the names of your kids online, make sure that is allowed under the terms of any court orders. Sometimes the divorce agreement or the judge's orders may prohibit such activities. As a best practice, at least get your ex's okay before you start posting things about your kids online.
4. Check privacy settings. There is no excuse for not changing your privacy settings to private. The default settings on most social media sites is "everyone". That means anyone can see where you are and where your kids are and your spouse can use that against you in court. Check your settings and change them to private or friends only.

Our best advice is to simply think before you post something on social media. Ask yourself if this is something that you would be comfortable presenting to the judge. Think about how the post will reflect on you and your ability to parent your children. Ask if it could possibly be used against you in court. If the answer is yes, don't post it.

Contact Madison Divorce Attorneys At Eisenberg Law

The divorce attorneys at Eisenberg Law Offices are here to help you through your divorce or custody case. If you have any questions or concerns about your situation, want to obtain a divorce, or need help    securing custody of your children, contact us. We offer free, no obligation consultations.
Contact our team by calling 608-256-8356 or emailing Info@EisenbergLaw.org.
This post was originally published at https://www.eisenberglaw.org/using-social-media-during-divorce-madison-divorce-attorneys.

Facts About Underage OWI In Wisconsin | Eisenberg Law Offices

Facts About Absolute Sobriety In Wisconsin

There is plenty of information available about the consequences of OWI for adults, but information about underage OWI or absolute sobriety in Wisconsin is not so readily available. Underage OWI refers to teens who are old enough to drive, but too young to consume alcohol. The laws surrounding OWI for adults and for minors is different making it important to understand the distinctions.
We know. No parent wants to think about their teen drinking let alone drinking and driving, but it happens, maybe to your child or maybe your child is a passenger in another teen's car and they get pulled over. Teens and their parents should know their rights under Wisconsin law so they can respond appropriately if the teen is ever pulled over on suspicion of underage drinking and driving. Here are a few of important facts to understand about underage OWI in Wisconsin.

Fact #1: Wisconsin Has A Zero Tolerance Policy

One of the biggest differences between adult and teen OWI is the blood alcohol limit (BAC). The BAC is often measured by police via a field sobriety test when they pull someone over on suspicion of drunk driving. Adults who are at least 21 may legally drive as long as their BAC is .08 or lower, unless they have three prior offenses. Drivers who are under 21 years of age do not receive the same leniency. Wisconsin has a zero tolerance approach to underage OWI. Any BAC reading that is higher than 0.0% can lead to an underage OWI or absolute sobriety charge in Wisconsin.
Not only that, underage drivers can be charged with OWI even if they didn't drink alcohol but instead used a different substance that impaired their ability to drive. This could include illicit or illegal substances or even prescription medications.
Bonus Fact: One thing that both adults and teens have in common is the right to decline a field sobriety test. That's right. In most cases, drivers in Wisconsin are not legally required to submit to this test!
Bonus Fact: It's illegal for anyone, adults or teens, to drive under the influence with a person under 16 years of age in the vehicle.

Fact #2: You Can Protect Your Teen

There's a lot at stake when a teen gets pulled over and charged with OWI or absolute sobriety. The best course of action in these circumstances is to contact the Wisconsin OWI attorneys at Eisenberg Law Offices in Madison. Our criminal defense team will examine the circumstances surrounding the traffic stop and the charges against your teen, weigh the evidence, and ensure the police followed proper procedures. We will fight vigorously for your teen to protect them from the harsh, long-term consequences of an OWI.
Bonus Fact: We offer FREE, no obligation consultations and bring over 30 years of experience to every case.

Fight Charges Of Underage OWI In Wisconsin With Help From Eisenberg Law

If your teen has been charged with underage OWI or absolute sobriety in Wisconsin, there's no time to waste. Contact Eisenberg Law Offices today to arrange your free consultation and explore your legal defense options.
Eisenberg Law Offices can be reached 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-underage-owi-in-wisconsin-eisenberg-law-offices.

Crime Victims And Personal Injury Claims | Wisconsin Personal Injury Attorney

Crime Victims May Have Grounds To File A Personal Injury Claim

The most common basis for personal injury claims is typically an accident or negligence, but crime victims may be able to file a personal injury lawsuit against their attackers and/or the property owner of the location where the attack occurred. Assault and battery and sex crimes often result in physical and emotional injury. When this happens, a personal injury (PI) claim may be filed to help remedy the injuries and help the victim recover from the experience.

3 Filing Options For PI Claims

A PI claim can help cover the victim's medical expenses, lost wages, pain and suffering, and property loss or damage. There are three ways that crime victims can file a PI claim, depending on the circumstances.

1. Property Insurance Claims. Personal attacks that take place on private or commercial property may be covered by the property owner's insurance policy.
2. Worker's Compensation Claims. If the attack occurred at your place of work, you may be able to file a worker's compensation claim.
3. Civil Lawsuit. Victims can file civil lawsuits against their attackers. A civil lawsuit is separate and distinct from a criminal lawsuit and you can pursue both types of lawsuits, if the situation warrants it.

Examples Of Attacks That May Result In A Personal Injury Claim

• Workplace attacks
• Hotel/Motel attacks
• Attacks in parking lots
• Attacks at businesses
• Attacks or assaults that happen on private property
• Attacks at entertainment venues, such as amusement parks, concerts, bars, and nightclubs

A personal injury attack can happen anywhere. If you have sustained serious injuries and extensive medical bills as a result of someone else's actions towards you, it's a good idea to speak with a personal injury attorney to explore your options. You should not be left with the financial burden of the attack in addition to physical and emotional recovery.
Contact the personal injury attorneys at Eisenberg Law Offices in Madison, WI by calling 608-256-8356 or emailing Info@EisenbergLaw.org. We offer free consultations so you can learn more about the options available to you.
This post was originally published at https://www.eisenberglaw.org/crime-victims-and-personal-injury-claims-wisconsin-personal-injury-attorney/.

Motorcycle Accident Claims | Madison WI Accident Attorneys

Consult Our Madison, WI Accident Attorneys For Help Filing Motorcycle Accident Claims

After our long Wisconsin winters, motorcyclists are eager to explore the freedom of the open road! Unfortunately, as was reported earlier this year, there is a motorcycle accident roughly every 4 hours in Wisconsin. Motorcycles are inherently dangerous due to their small size and lack of protective features. Add in to the mix, negligent, distracted, drunk, or drugged automobile or truck drivers and the odds are not in favor of the motorcyclist. In fact, the National Highway Traffic Safety Administration (NHTSA) estimates that motorcyclist deaths occurred 27 times more frequently than deaths in other vehicles and motorcyclists are six times more likely to be injured in a crash than automobile occupants.
Motorcyclists must rely on themselves to stay safe on the road. That means riding sober, wearing a helmet and protective clothing, driving defensively, and obeying all traffic laws. However, even with all these precautions, motorcyclists are still at the mercy of other drivers, many of whom simply don't see motorcycles.

Motorcycle Insurance

When a motorcycle accident occurs, the effects can be devasting for anyone who was on the bike. Wisconsin requires motorcycle owners to carry bodily injury protection and property damage liability insurance in amounts equal to that of automobile drivers.  They cover the expenses of other people who were injured in an accident for which you are responsible. Liability insurance limits your exposure to financial hardship by helping to pay for the other person's injuries, but it does nothing to help pay for any injuries you might receive.
Optional add-on coverages like Uninsured/Underinsured Motorist (UIM) (UM) can help pay for any medical or property damage costs that you yourself incur. They are highly recommended by our Madison WI accident attorneys for the financial support they provide in an accident.

Motorcycle Accident Injury Claims

After an accident, you may file an insurance claim with either your own insurance company or the other person's insurance company, depending what types of coverage you and the other driver have, and the severity of the damages and injuries
Motorcycle insurance claims can be trying. Fault must be determined and injury claims are handled separate from property damage claims.
Regardless of the specific circumstances surrounding the accident, motorcyclists can best position their claims case by: acting quickly, preserving evidence, taking pictures, obtaining witness contact information, following your healthcare team's treatment plan, and following up with the insurance company.
Don't be surprised if the process is a hassle. Insurance companies save money by denying claims and making follow-up difficult for people who file claims in the hopes that they'll give up and drop the claim. Be prepared to present your case and your evidence and be persistent. If you need help filing a motorcycle accident injury claim or feel that you have been denied benefits unfairly, contact the Madison, WI accident attorneys at Eisenberg Law Offices for help. We can help you file your insurance claim and follow up with the insurer to go get you the compensation you are due.
Contact Eisenberg Law Offices in Madison, WI for a free case consultation by calling 608-256-8356 or emailing Info@eisenberglaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/motorcycle-accident-claims-madison-wi-accident-attorneys/