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/