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/

What Is Bail Jumping?

Charged with Bail Jumping? Madison Criminal Defense Attorney can help

If you are arrested in Wisconsin, the court sets the conditions for your bail, if any, at your first appearance. This includes either a signature or cash bond that allows you to stay out of jail until your trial if you meet the conditions. You must agree not to commit any other crimes, and appear for your next hearing. Depending on the crime for which you are arrested, there may be other conditions as well. If you violate any of these conditions, you can be charged with bail jumping.
Understand Your Responsibilities
If you make bail, this is not a grant of freedom for you. Your payment of bail allows you to remain out of jail, but you must meet every condition. If you have been arrested for drunk driving, for instance, you may be required to avoid alcohol or ordered not to drive until your trial. If you are arrested for a violent crime, you will not be allowed to contact the victim. And if you were arrested with an alleged co-conspirator, you may not be allowed to have contact with that person. Whatever the conditions, you must follow them carefully to avoid additional charges.
Added Penalties to Your Sentence
Bail jumping exists as a separate crime. You may be charged in the same county as for the initial arrest, or in the county where the alleged bail jumping occurred. The crime level depends on the underlying charges; if you are arrested for a misdemeanor, you will be charged with misdemeanor bail jumping, with a potential penalty of nine months in jail and a $10,000 fine. Bail jumping on a felony charge can add up to six years in prison and a $10,000 fine. Either of these is additional to any sentence for the original crime.
If you are charged with bail jumping, you need a strong criminal defense attorney in your corner. The lawyers at Eisenberg Law Offices have experience defending these charges in Wisconsin and can help you navigate your bail requirements to avoid additional charges.
This post was originally published at https://www.eisenberglaw.org/what-is-bail-jumping/

Time to File Your Wisconsin Personal Injury Claim

Time is running out to file your Wisconsin Personal Injury Claim

If you suffer a personal injury, you have a limited time to file a lawsuit in Wisconsin. This period, called the statute of limitations, helps ensure efficient justice for injured people, and prevents people who cause injuries from having to defend claims many years later. Understanding the time limit for your injury can help you avoid missing your chance to recover the damages you suffer.
General Time Is Three Years
For most personal injuries, Wisconsin law sets the statute of limitations at three years. This includes slip and fall accidents, vehicle accidents, and most other accidents. What this means for you is that, once an accident occurs, you have to file a suit within three years, or you lose the opportunity to recover.
Some Claims Have Less Time
Not every kind of claim allows this much time. In a wrongful death action resulting from a vehicle accident, you only have two years from the time of the person's death to file a suit. This exception to the general three year statute of limitations can prevent a family from recovering lost wages and other damages.
For claims against the government, you have even less time: you must give notice to the governmental agency responsible within 120 days of the accident. Wisconsin requires this notice to have specific information and come in a particular form.
Discovery and Tolling
In some cases, you may gain a reprieve. If the person injured is a minor, you generally have until that person reaches 18 years old before the statute starts to run, giving him or her up to age 19 to sue. Further, in product liability or medical malpractice claims, where you may not know of the injury until later, you may have an additional two years.
Still, the longer you wait, the greater the chance you may lose the right to sue or collect damages. If you have been injured in Wisconsin, contact an attorney right away to help protect your rights.
This post was originally published at https://www.eisenberglaw.org/time-to-file-your-wisconsin-personal-injury-claim/

Any Car Accident Can Cause Serious Injuries

Contact a Wisconsin Personal Injury Attorney if you've been in a car accident

When you think of bad car accidents, you likely envision a crushed or burning car, or perhaps a multiple car pileup on the highway. While these create significant damage, they are far from the only accidents that occur. Depending on the circumstances, an accident that looks minor from the outside can create life-altering injuries. If you are in a car accident with another vehicle, whatever the damage to your car, you should consult a doctor and a Wisconsin personal injury attorney to protect yourself.
Every Accident Is Different
Car accidents do not occur the same way every time. If you get into an accident, the way you are leaning, the way the car shifts, or the way your head moves can all impact your health. A foot caught under a pedal or a bump to your head can injure you permanently. You may know immediately, or you may discover the problem days or weeks after the accident. The people involved, the vehicles involved, and every nuance of what happens affects whether and how a person is injured.
Personal Injuries and Property Damage
The injuries you suffer may have nothing to do with the damage to your vehicle. Sometimes people walk away from accidents that look horrendous with barely a scratch. Other times, what looks like a routine fender-bender can leave a life changed forever. The potential for serious injury exists every time an accident occurs, and ignoring the signs can make it even worse. A person who does not visit a doctor soon after an accident may not even know the extent of injury until it is too late.
Legal Protection in Wisconsin
The number of vehicle crashes in Wisconsin has risen every year since 2012, reaching over 129,000 in 2016. Most of these fall into the minor crash category, but that does not mean the consequences are not real. Every crash brings the potential for serious injuries. If you have been through an accident, contact a physician immediately, and then contact Eisenberg Law Offices to protect your legal rights.
This post was originally published at https://www.eisenberglaw.org/any-car-accident-can-cause-serious-injuries/

Wisconsin Divorce And Pregnancy | Eisenberg Law Offices

Wisconsin Divorce And Pregnancy

When the two highly emotional situations of divorce and pregnancy collide, spouses can be left reeling. Do they proceed with the divorce? Wait until the child is born? Try to work it out? There are enough issues to resolve in Wisconsin divorce situations that don't involve children. Once children are involved, the case becomes more complex.
The first thing you need to know is that it is still possible to obtain a divorce in Wisconsin while pregnant. In fact, in cases of infidelity, this is actually quite common. However, there are other legal considerations to take into account as you move forward with your plans.

Legal Considerations For Obtaining A Divorce While Pregnant

• The Divorce Order May Be Delayed. Although you can proceed with a divorce while pregnant, please be aware that it is possible that the divorce will not be finalized until after the baby has arrived. In some cases, the judge will simply hold off on granting the final divorce order until after the birth. In other cases, there just isn't enough time before the birth to complete all of the divorce requirements. Sometimes judges wait to grant the final divorce decree in order to address child custody, placement, support, and/or establish paternity.
• The Court Must Be Made Aware Of The Pregnancy. In any situation, you must inform the court that there is a pregnancy. The court will need to appoint a guardian ad litem (GAL) to represent the unborn child's interests. This is a licensed attorney who will assist the judge in making custody and placement decisions. The guardian ad litem is not the child's legal guardian, nor does he or she have any guardianship rights such as a parent or legal guardian would. The GAL's sole purpose is to be a legal advocate for the child's best interests. A GAL will also be appointed to represent any existing children if there is a custody or placement dispute.
• Paternity Tests May Be Ordered. The law presumes that the husband is the father of the unborn child. If there is any question of the baby's paternity, the judge will order a paternity test, which can't be conducted until after the baby is born.

Contact Eisenberg Law For Help During A Divorce

Divorce is a trying time all on its own. Adding a pregnancy to the mix only makes things more complicated. If you are pregnant and going through a Wisconsin divorce, contact the divorce and family law attorneys at Eisenberg Law Offices in Madison for advice and representation. We will work with you to obtain the best possible outcome for both you and your unborn child.
Call 608-256-8356 or email Info@EisenbergLaw.org to arrange a free consultation.
This post was originally published at https://www.eisenberglaw.org/wisconsin-divorce-and-pregnancy-eisenberg-law-offices/

6 Steps To Take After Dog Bite Injuries | Injury Attorneys

6 Steps To Take After Dog Bite Injuries

Dog bites are scary injuries. They can happen when you least expect it and can occur at any time, with a strange dog or a beloved family pet. Whenever you are bitten or attacked by a dog it's important to protect both your health and your rights. Listed below are six critical actions that every Madison injury attorney at our offices recommends be taken after dog bite injuries.

6 Actions To Take After A Dog Bite

Taking action right after a dog bite injury is the best way to protect your health as well as your legal right to pursue compensation under personal injury law. It all comes down to documentation. The following steps can help you build a strong dog bite injury case, which can help pay for medical expenses and lost wages following an attack.

1. Obtain Medical Treatment. If you are ever bitten by a dog, seek medical care right away. Minor injuries can be treated at home just as you would care for any other type of cuts or open wounds. Carefully wash the injured area with mild soap and water and use a clean cloth to stem blood flow. Apply an antibiotic cream and cover it with a sterile bandage, then make an appointment to see your doctor.
2. Document the Injury and Gather Information. Take pictures of the injury and gather contact information from the dog owner. Include pictures of the bite itself as well as any other injuries you may have suffered (such as if you fell down). Also include pictures of damage to your clothing and the area surrounding the attack if there is any damage. Collect contact information from witnesses. Ask them what they saw and write it down.
3. Contact the Authorities. If you have been attacked you should contact the police and/or local animal control agency where you can file a report. This will help establish a pattern of behavior and can be used to determine if the dog has been involved in similar attacks. It also adds to your documentation evidence and the information collected can be used to determine if the dog is current on his/her rabies vaccinations.
4. Verify the Dog's Vaccinations. If you are able, contact the dog's owner and ask for proof of the dog's vaccinations, particularly the dog's rabies vaccination. Alternatively, you could ask for the contact information for the dog's veterinarian and check the status of the dog's vaccines that way.
5. Collect the Owner's Insurance Information. In most situations, the dog owner's home insurance may cover your medical costs, lost wages, if any, pain and suffering, and other damages related to the injury. Ask for the owner's insurance information while on the scene.
6. Contact an Injury Attorney. A personal injury or dog bite attorney can provide advice and guidance after a dog bite and can even contact insurance companies and medical providers on your behalf as you pursue compensation for dog bite injuries. A Madison injury attorney can also be counted on to file a dog bite lawsuit if your insurance claim is denied.

Contact Eisenberg Law Offices For Dog Bite Injuries

If you have been injured by a dog bite, contact the personal injury attorneys at Madison's Eisenberg Law Offices for a free case consultation. We will review the facts of your case and help you determine your legal options.
Call 608-256-8356 or email Info@EisenbergLaw.org to arrange your free consultation with a Madison injury attorney.
This post was originally published at https://www.eisenberglaw.org/6-steps-to-take-after-dog-bite-injuries-injury-attorneys

Refusing A Blood Test Under Wisconsin OWI Law

The Consequences Of Refusing A Blood Test Under Wisconsin OWI Law

If you are pulled over on suspicion of Operating While Intoxicated (OWI) in Madison, WI, you will likely be asked to provide a blood sample so the officer can determine whether or not you meet Wisconsin's .08 BAC threshold for intoxicated driving. Some drivers think that by refusing a blood test, they can avoid being charged with OWI and save themselves from being cited and fined.
Unfortunately, that's not how it works.
Wisconsin is considered an "implied consent" state. That means that as a driver in the State of Wisconsin, you agree to chemical breath testing, blood tests, or urine tests if law enforcement has probably cause to request it. By refusing a test of your breath, blood, or urine you can face additional charges or consequences that impact your driving privileges.

Consequences Blood Draw Compliance Vs. Refusal

First-time OWI offenders will be asked to provide a blood or breath sample. If the driver complies, he or she can expect:

• A fine
• 6-9 month driver's license revocation
• AODA assessment with follow through treatment
• The possibility of an ignition interlock device on their vehicle for 12 months (depending on the BAC)
• Immediate eligibility for occupational license in most circumstances

First time offenders who refuse a blood test can expect:

• A fine
• 12 month driver's license revocation
• AODA assessment with follow through treatment
• 12 month ignition interlock device on your vehicle
• 30 day wait period for occupational license

As you can see, the consequences are actually more severe for drivers who refuse to provide a blood sample than for those who comply with law enforcement's request. Refusal penalties increase for second and subsequent OWI offenses. In fact, refusing to provide a blood sample for second offenses or higher usually leads police to obtain a search warrant for a blood draw, although search warrants can also be obtained for first offenses as well.
By refusing a blood test, a driver may set him or herself up to receive citations for OWI, Refusal, and Operating with a Prohibited Alcohol Concentration!

Contact Eisenberg Law Offices After Being Charged With OWI In Madison, WI

Wisconsin's OWI laws are not as straightforward as drivers may think and it's possible to make the situation worse by refusing to cooperate with law enforcement. A qualified OWI defense attorney can help drivers navigate charges of OWI in Madison, WI and protect their rights at the same time.
Eisenberg Law Offices represents first time and repeat OWI offenders throughout Wisconsin. Our clients include drivers who refuse to take a blood or breath test as well as those who comply with law enforcement's request. There are many variables at play in every OWI case and several opportunities to fight the charges. Working with an experienced OWI attorney is the best way to protect yourself from the fines and loss of driving privileges associated with a conviction as we will explore every possible defense option available to try and get your charges dismissed before they affect your life.
A charge of OWI does not guarantee a conviction. Let the OWI attorneys at Eisenberg Law Offices be your advocate and fight the charges against you.
Contact Eisenberg Law Offices in Madison, WI for a free OWI 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/refusing-a-blood-test-under-wisconsin-owi-law/

Social Media Pitfalls | Personal Injury Attorney Madison WI

The Do's and Don'ts of Social Media From A Personal Injury Attorney In Madison, WI

Social media is an important part of many people's lives. It allows us to stay in touch with far-flung friends and relatives, experience our friend's exotic vacations or simple, homemade meals, and provide support during the high and low times in our lives. Another thing social media can do is wreak havoc with a personal injury claim.
As a personal injury attorney in Madison, WI, I have seen firsthand how social media posts can impact personal injury cases. With cell phones within arm's reach at all times and followers hanging on our every post on Facebook, it is all too easy to share, and sometimes overshare, sensitive information that would be better kept private.

Social Media and Personal Injury Cases

Social media has become a source of information and evidence for everyone. Not only are your friends and followers hanging on your every post, insurance companies and attorneys may be visiting your pages  in the hopes of finding evidence that can be used against you if you are involved in a personal injury case.
How can they do this? Everything that is posted online is considered public information. In the case of social media, it is extremely easy to tie the post back to the author, even after they have been deleted. Anyone who has been injured in an accident and/or is involved in a personal injury case should be very, very careful about what they post online:

• Comments and status updates that seem quite different from the face you are presenting in court can be used against you as evidence that perhaps you aren't doing quite as poorly as you say you are.
• Pictures and videos that have been posted or chat groups to which you belong may be offered as evidence that you are lying about your activities or the extent of your injuries.

These are just two examples of how what is posted on social media can be taken out of context or used as evidence against you in a personal injury case. The point is that anything you post to your social media accounts can and likely will be examined by defense attorneys to try and poke holes in your case or discredit you.

The Do's and Don'ts of Social Media and Personal Injury Claims

Armed with the knowledge that social media can be used against you, here are a few do's and don'ts for social media usage that will help protect you in a personal injury case:

• Do Not post about the incident or send messages. If you claim a back injury, posts of you engaging in strenuous activity or sports undermine your claim. The best course of action is to remain absolutely silent about the accident, injury, or lawsuit. Don’t post anything about it. Don't respond to inquiries (even in a private message). Don't talk about your medical care or the treatments you're receiving. This applies to posts, text messages, chat groups, and private emails.
• Do deactivate or discontinue use of your social media accounts. If you can’t trust yourself or your connections not to post about your injury or personal injury claim, deactivate the account. That way, you are certain that nothing will be posted about your injury or your activities or medical care under your name.
• Do check your privacy settings. If you plan to keep your accounts active, you should change your privacy settings to the strictest level possible. Allow only friends and followers that you have approved see your posts as opposed to leaving the posts open to the general public. Restricting access to your pages isn't foolproof, but it does reduce the changes of your posts being seen and used against you.
• Do be aware that your friends may post about you. Friends may tag you in comments, pictures, videos, etc. and this information can be used against you, the same way content on your own page can be used against you. Rather than trying to police all of your friends, update your privacy settings to disable the ability of others to tag you.

Consult A Personal Injury Attorney In Madison, WI With Social Media Concerns

Even by adopting these best practices there is no way to be certain that your social media accounts won't be used against you in a personal injury case. If you are involved in a personal injury case and are concerned about how your social media content may affect the case, contact an Eisenberg Law Offices personal injury attorney in Madison, WI for advice. Our team has over 35 years of experience in personal injury law and can provide you with the guidance and representation you need to prevail in your claim.
Contact Eisenberg Law Offices to schedule a free consultation with a personal injury attorney in Madison, WI by calling 608-256-8356 or emailing Info@eisenberglaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/social-media-pitfalls-personal-injury-attorney-madison-wi/