Eisenberg Law Offices | Law Firms in Madison WI

Eisenberg Law Offices | Law Firms in Madison WI

Wednesday, December 25, 2019

Miranda Rights in Wisconsin

What are your Miranda Rights in Wisconsin

Most people are familiar with Miranda rights from crime movies and TV shows. However, entertainment media doesn't always get the circumstances surrounding those words correct. Officers do have to read you your rights in specific circumstances, but there are times when an officer can question you, legally, without having to read those Miranda rights in Wisconsin.
You Must Be in Custody
An officer doesn't have to read you the Miranda rights unless you're in custody. "In custody" is generally thought to be a situation in which you can't leave or don't reasonably feel like you can leave. If an officer stops you, and you ask if you are free to go and the officer says yes, you aren't in custody. But that also means the officer can question you without reading you your rights.
Interrogation in Custody
"Interrogation" is a harsh word, but what it really means is questioning that could result in incriminating responses. If a police officer asks you your name, that's not interrogation because simply stating your name wouldn't incriminate you. But if they detain you or place you in custody and start asking questions about where you were when a crime took place, your answers could be incriminating, and they'd need to read you your Miranda rights before the interrogation began.
Interrogation Without Custody
Again, the Miranda rights apply only when you are both in custody and about to undergo interrogation. An officer who has not placed you in custody can question you and use those answers against you without reading you those rights. What you say when not in "custody" can be used against you in court.
The Rights Must Be Read Correctly
Miranda rights are not just general rights. The term refers to a specific paragraph  -- technically, it's called the Miranda warning -- that details four specific rights. If you aren't read all of those rights, that could affect your case.
If you've been arrested and think you didn't receive Miranda rights properly, contact Eisenberg Law Offices at (608) 256-8356. Miranda rights can be a tricky subject to deal with, and an attorney can see how your experience might affect legal proceedings.
This post was first published at https://www.eisenberglaw.org/miranda-rights-in-wisconsin/.

Monday, December 23, 2019

How to Drive Safely in a Wisconsin Winter

Know these safe winter driving tips if you drive in Wisconsin

Snow, sleet, ice, wind -- Wisconsin winters have it all, and drivers need to be alert. For new residents, and even long-time ones who have gotten complacent about their driving skills, safety is of the utmost importance. Both your actions on the road and how you take care of your car can make a huge difference.
Winter Road Safety
Slow down -- it's possibly the best thing you can do if you have to drive on snowy or wet roads. The saying about how a speed limit is a limit and not a minimum is extra true here, and you have to keep in mind that speed is calculated for good conditions. Do not exceed the speed limit, and slow down even more. You must be able to maintain control of the car, and the faster you go, the more likely it is you'll be unable to stop or turn when you really need to.
Ensure your car has supplies for winter, ranging from basic ice scrapers and blankets to emergency food and water. Also have some sand that you can sprinkle around tires if you get stuck in ice or snow and can't gain traction. A battery pack that can recharge your phone is also a good idea. And most of all, get the car serviced and winterized before storms start up.
Preparing to Drive
Ensure all snow and ice have been cleared off the car before you start driving. You need all of the windshield and windows to be clear, and you want everything off the roof of the car so that nothing slips down into your line of vision while driving. And you don't want bits of snow and ice flying off into traffic; that's dangerous for other drivers.
If you've been in a car accident during winter weather, contact Eisenberg Law Offices at (608) 256-8356. You want appropriate compensation for injuries and damage, and an attorney can help make the process easier.
This post was first published at https://www.eisenberglaw.org/how-to-drive-safely-in-a-wisconsin-winter/.

Friday, December 20, 2019

Ignition Interlock Device After OWI in Wisconsin


Some facts about Ignition Interlock Device rules in Wisconsin

Wisconsin takes very seriously the dangers of driving under the influence of alcohol. While the state can't stop all alcohol-related accidents from happening, it does apply strict penalties to anyone who is convicted of an OWI offense. In addition to punishment, it applies a preventative measure in the form of an ignition interlock device, or IID. If you are convicted of an OWI, you can expect an IID to be in your future.

When You Get an IID in Wisconsin

In Wisconsin, anyone who meets one of three conditions will have an IID device installed on their vehicle, at your own cost:
  • First-time offenders who refuse a breathalyzer or blood test for alcohol level;
  • First-time offenders who test above .15 for blood alcohol content; and
  • Any repeat offenders.
This applies to any vehicle that is registered in your name. Beyond that, any vehicle you drive must have an IID. If you are caught driving another vehicle without one, you will be subject to further penalties.

How the IID Works

After the court-ordered IID is installed, you will not be able to start or operate your vehicle until you use it. To activate it, you simply blow into the mouthpiece attached to the small, computerized device. The IID will be programmed to detect alcohol. If you have alcohol in your system, the car will not start.
An IID operates as an effective way of preventing repeat OWI offenses from occurring. Wisconsin provides further fines, license suspension, and even jail time if you disable it or drive without one. If you are convicted of OWI, you need to get the device installed and keep it for as long as the court requires.
If you have been arrested for OWI, you face serious consequences. You need an experienced legal defense. Contact Eisenberg Law Offices online or at (608)256-8356 to protect your rights.

Wednesday, December 18, 2019

Classes of Misdemeanor Offenses in Wisconsin

Definitions of Classes of Misdemeanor Offenses in Wisconsin

In Wisconsin, like in most states, crimes get classified broadly as felonies or misdemeanors. In many cases, the same crime can fall into either category. Further, some crimes might begin as misdemeanors, but become felonies after multiple offenses. While they carry lesser offenses than felonies, misdemeanors still create a serious impact on your life, both in terms of the penalty and the impact a conviction on your record can carry long after your jail time or fine.

Class A Misdemeanor

A Class A misdemeanor is the most serious classification. It carries with it a jail sentence of up to 9 months, and a fine that can reach $10,000. An example in Wisconsin is simple battery, which causes bodily harm to your victim, but not “substantial” bodily harm. The difference in degree makes it “only” a misdemeanor, but still carries significant fines and jail time.

Class B Misdemeanor

A Class B misdemeanor brings a fine of up to $1,000, and jail time of up to 90 days. An example is disorderly conduct, which comes with loud or indecent acts that disturb or disrupt people in the area. While far lighter than a Class A misdemeanor, the prospect of three months in jail can significantly affect your job and your family life.

Class C and Unclassified Misdemeanor

A Class C misdemeanor, or any unclassified misdemeanor, brings jail time of up to 30 days and a fine of up to $500. An arrest for drug paraphernalia is one example.

Effective Criminal Defense for Misdemeanors

Any arrest can carry a heavy impact on you. The police record can cut into your ability to get or keep your job, and can carry a toll on your life at home and with your friends. It follows you long after you have finished paying your fine or left jail. At Eisenberg Law Offices, we do not take any criminal representation lightly. We can help you negotiate a sentence or defend your innocence. Contact us online or at (608)256-8356 to learn more.
This post was first published at https://www.eisenberglaw.org/classes-of-misdemeanor-offenses-in-wisconsin.

Monday, December 16, 2019

Recovering Damages for Injuries After a Slip and Fall in a Store

If you’ve suffered a slip and fall injury in a store, here’s what you should know

When you go shopping, you probably take one of two approaches. Some people look around to decide what to buy, while others know what they want and head straight for it. In either case, though, you aren’t necessarily looking for hidden dangers on the floor. At times, a slippery or cluttered floor at a retail store can lead to injuries. If the store is at fault for your slip and fall, you can recover damages for these in-store injuries.
Slippery Floors
Perhaps the most common kind of retail store injury is a slip and fall. A slippery patch on the floor, from over-waxing or leaving the floor wet, usually only leads to an embarrassing moment. At times, though, these falls can lead to serious injuries to the spine, head, or neck, or to bruises and broken bones.
The store has a responsibility to keep the premises safe. If there is a wet or slippery area, there should be signs around it so you know of the danger in place. When the store fails to keep the store safe or warn you of danger, it becomes responsible for the damages you sustain.
Spills and Debris
At times, the store may not have directly created the danger. Customers may drop items from racks or purses, or an empty pallet or equipment may end up on the walkway through the store. Here, too, the store is responsible for these kinds of dangers. It designs its retail space to get people looking at the merchandise it sells. This means you usually are not looking down for these kinds of hidden dangers. When you trip or slip on items left on the floor, the store may be liable for damages.
Protect Your Rights
If you do fall in a store, make sure you note what caused you to do so, and take pictures of the scene. The store will try to claim it is your fault, or offer you a low settlement to go away. Before you accept their offer, reach out online to Eisenberg Law Offices in the Madison, Wisconsin area, or call (608)256-8356 to protect your legal rights.
This post was first published at https://www.eisenberglaw.org/recovering-damages-for-injuries-after-a-slip-and-fall-in-a-store/.

Friday, December 13, 2019

How to Respond to Vacation Injuries

If you’ve suffered injuries on vacation, take these steps

Going on vacation should give you time to relax and recuperate from the stress of work and home life. Whether you get into an accident on the road or where you are staying, an injury frustrates your entire trip. If you have been injured away from home, make sure you take steps to protect your claim.
Get Pictures
Any time an accident leaves you injured, you should take notes and get pictures from the accident scene. If you are away on vacation, it becomes even more important. After all, you can’t just return to the scene on the way home from work. Take pictures of everything you can: the place you were injured, anything you see that helped lead to your accident, and any property damage or injuries you suffer. Take notes as well, making sure you don’t depend on your memory for anything. The longer removed from the accident you get, the harder it becomes to remember all of the details.
See a Doctor
Don’t wait until you get back home just so you can see your usual family doctor. Get to a hospital as soon after the accident as possible to get an evaluation. You may have suffered injuries you don’t feel in the moment, and the sooner someone diagnoses them, the more quickly you can get the treatment you need. Beyond this, understanding the extent of your injuries is critical to preparing a legal case and recovering damages for those injuries.
Contact a Lawyer
As soon as you can, get in touch with a lawyer you can trust. If you live in or around Madison, Wisconsin, Eisenberg Law Offices has attorneys with the personal injury experience you need. We will help you prepare your case and understand your legal rights for injuries that occur near or far. Contact us today, online or at (608)256-8356 to learn more.
This post was originally published at https://www.eisenberglaw.org/how-to-respond-to-vacation-injuries/.

Wednesday, December 11, 2019

Drug Court Alternatives | Madison WI Drug Arrests

Drug Court Alternatives To Arrest Can Reduce Recidivism

When a person is found guilty of drug charges in Wisconsin, the court often sentences defendants to jail time. This has proven to be an ineffective deterrent to drug use and time after time, counties see the same people come through their courtrooms. It’s evident that this approach does not work for many drug users, but there are alternatives to jail that do show promise in reducing recidivism rates and helping users get clean for good.

Madison’s Drug Court Options

The National Institute of Justice has found that assigning drug offenders to a treatment or diversion program is more effective and less costly than repeatedly sending the offender to jail. The Dane County Circuit Court operates three alcohol and drug addiction programs in Madison, WI. The programs vary based on the needs of the participants and the drug court will assign defendants to the program that best meets his or her needs. Each program lasts at least nine months, but may go longer, and is tailored to each participant based on the circumstances surrounding their drug charges.
  • Treatment Program. This program is available for defendants who have been arrested on drug charges. Minimum time for this program is one year.
  • Deferred Prosecution Unit. This program is dedicated to first-time offenders who are ineligible for the other two programs. Each participant must sign a contract with conditions that he or she must complete in order to receive a dismissal or amendment of the charges.
Defendants can request a referral to one of the programs or they can be recommended for one of the programs by attorneys, prosecutors, probation agents or judges. A mental health screening is used to determine the applicant’s risk and ascertain which program would be most appropriate for their recovery.
Participation is completely voluntary.
Program Details
Participants in both the Treatment and Diversion programs can expect:
  • Closely monitored addiction treatment
  • Random drug testing
  • Verification of employment
  • Case management
Case management is essential to the success of the programs, particularly if the addiction is a symptom of other problems the participant is facing. Case managers meet frequently with participants to evaluate how the treatment is progressing and provide additional referrals and information about additional resources such as those related to housing, mental and physical health, education and training, money management or employment.

Get Back On Track With Help From A Madison, WI Drug Crimes Attorney

One of the hardest parts of overcoming drug addiction is staying clean, getting your life back on track and overcoming other obstacles that may predispose you to addiction. The drug court alternatives that are available in Dane County and Madison, WI, help offenders overcome these obstacles to turn their lives around and reduce their chances of re-arrest.
To learn more about these programs or to discuss your drug case with a drug crimes attorney in Madison, WI contact Eisenberg Law Offices at 608-256-8356 or by emailing Info@eisenberglaw.org.
This post was first published at https://www.eisenberglaw.org/drug-court-alternatives-madison-wi-drug-arrests/.

Monday, December 9, 2019

Wisconsin Car Accident Attorney | Fault In A Car Accident

Consult a Wisconsin Car Accident Attorney to Determine Fault in a Car Accident

Wisconsin operates under a tort system when it comes to car accidents. That means that in a car accident, fault must be established; someone must be held responsible for the accident. If you’ve been involved in an automobile accident, consultation with a Wisconsin car accident attorney can help determine your legal options and whether you are responsible for the accident or are a victim.

Fault and Negligence

One of the first questions to be answered in any car accident case is, “Who is at fault for the accident?” Determining fault also determines liability for the accident, has a direct impact on how a case proceeds and how much and what types of compensation may be awarded. In Wisconsin, the question of negligence will come into play.
Negligence is defined as a failure to act with the same level of care that would be reasonably expected of someone under the same conditions. Wisconsin expects drivers to act responsibly when operating a motor vehicle and to take care to prioritize the safety of others. Actions that are considered unsafe or dangerous such as texting while driving, speeding or disobeying traffic laws, may be considered negligent by the court.
Courts must then examine how the negligent actions impacted the accident in order to determine fault, which impacts how a claim is settled and the amount of compensation awarded.

Fault Can Be Shared

In a car accident, it’s normal to expect one driver or the other to bear fault for the accident. In reality, that is not always the case. Our car accident attorneys have seen fault shared in several different ways, such as:
  1. Multiple Drivers Could Be At Fault. If both drivers were negligent in some capacity, both could be partially liable or at fault for the accident. If you are partially at fault for the accident, it will most likely reduce the amount of damages awarded. In some cases, the claim may be dismissed altogether.
  2. Car Makers or Service Providers Could Be At Fault. If there is a mechanical problem or failure that contributes to the accident, the car manufacturer, a mechanic or other service provider may bear some responsibility for the accident. Recent Takata airbag cases are one example of how car and parts manufacturers can be found liable for accidents or injuries long after the car has been purchased.
  3. Employers of Commercial Drivers May Be Liable. If the accident involves a commercial driver who was working at the time of the incident, his/her employing company will be responsible for the accident. If the company engages in driving practices that may have contributed to driver fatigue, for example, an attorney could argue that the company should be at fault for the accident.

Meet With A Wisconsin Car Accident Attorney At Eisenberg Law Offices

Car accident claims often come about because victims have trouble receiving compensation from insurance companies.  Proving fault is essential in each situation; hiring a Wisconsin car accident attorney is your best chance to collect the evidence needed, argue your case and obtain the compensation you need to move forward with your life.
If you or a loved one has been involved in a car accident and need help proving fault to advance your case, contact Eisenberg Law Offices to schedule a free consultation with a Wisconsin car accident attorney. Call 608-256-8356 or email Info@eisenberglaw.org to schedule.
This post was first published at https://www.eisenberglaw.org/wisconsin-car-accident-attorney-fault-in-a-car-accident/.

Friday, December 6, 2019

When To Appeal A Criminal Conviction In Wisconsin

Yes, You Can Appeal A Criminal Conviction In Wisconsin

Fighting criminal charges in Wisconsin is a difficult and trying task. Sometimes, the only thing that helps defendants get through it all is the knowledge that they are innocent. The shock of being found guilty can lead to disbelief, along with an acceptance of the sentence handed down. However, it is possible to appeal a criminal conviction in Wisconsin.

The 6th Amendment Protects Your Right To Appeal

The 6th Amendment to the U.S. Constitution's Bill of Rights gives you the right to a fair trial – and this includes appeals.
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense."
  • Amendment VI, The Bill of Rights
The Wisconsin appellate process requires your attorney to file a request for appeal to the appellate court. That court will review the case and hand down their own decision, which could overturn your conviction, change your sentence, send you back to court or end your case. It all depends on what was requested in the appeal and the facts surrounding the case and conviction.

Reasons For Appeal

There are several factors that may have influenced your right to a fair trial and which could form the argument for your appeal. These include:
  • Issues with evidence. Evidence plays a crucial role in criminal cases and sentencing. If you think the evidence used in your case was collected or handled improperly or should not have been admitted at trial or if new evidence has been found, then you may have grounds to appeal.Jury instructions. It's possible that the jury was improperly instructed by the judge, which may have tainted their perception of their duties and influenced their verdict. If this is true, this is grounds for appeal.
  • Ineffective counsel. You have the right to effective counsel. If you believe your attorney did not represent you properly, made a mistake that prejudiced you, or made an error that influenced the jury's decision to convict, you have a legitimate reason to appeal a criminal conviction in Wisconsin.
  • Procedural issues. It is possible that your attorney will have objections to the way the case was handled or notice a detail or inconsistency that he or she feels is grounds for appeal. Discuss this issue with the attorney in detail to ascertain whether or not an appeal is the right decision.

Meet With A Criminal Defense Attorney To Appeal A Criminal Conviction In Wisconsin

You'll need an attorney to help you appeal a criminal conviction in Wisconsin since an attorney must file the appeal on your behalf. You do not need to use the same attorney who represented you in the initial case. If you are considering an appeal, discuss the idea with an experienced criminal defense attorney right away. Appeals must be filed quickly; typically within 20 days of the sentencing.

If you think you have grounds for an appeal and would like to discuss your situation with a criminal defense attorney, contact Eisenberg Law Offices in Madison. Our attorneys are experienced with a proven track record of success. We handle all state and federal crimes and offer free consultations.
Call our 24-hour hotline at 608-256-8356 or email Info@eisenberglaw.org to get started today.

This post was first published at https://www.eisenberglaw.org/firm-overview/articles/when-to-appeal-a-criminal-conviction-in-wisconsin/.

Wednesday, December 4, 2019

FAQs In Personal Injury Cases

Common FAQs in Personal Injury Cases

Most Wisconsin residents go through life never getting involved in personal injury cases. It's no surprise then, that when you do find yourself embroiled in a personal injury (PI) situation, you have a lot of questions. Our answers to some of the most common PI questions can help ease your mind and understand what to expect in a personal injury case.
  1. What is a personal injury case?
Whenever a person is injured due to another party's negligence, it can lead to a personal injury case. They are some of the most common types of civil cases today. PI cases can take one of two forms. The first type is a personal injury claim, such as when you negotiate with an insurance company adjuster to collect compensation. The second type is a personal injury lawsuit, which is much more involved and can lead to a trial. Consultation with a personal injury attorney can help you decide which strategy is best for your situation.
  1. What are the most common types of PI cases?
Injuries can arise in many different situations, which means there are many different kinds of personal injury cases. Some of the most common cases in Wisconsin are:
  • Motor Vehicle Accidents
  • Slip and Fall Accidents
  • Premises Liability Accidents
  • Product Liability
  1. What kinds of damages can I collect?
You must have suffered damages or a loss in order to pursue a personal injury case. Damages are awarded in the form of financial compensation and may cover both physical and emotional losses. Examples of damages that may be awarded include:
  • Medical Expenses
  • Lost Wages for both past and future expenses
  • Punitive Damages
  • Wrongful Death
  • Pain and Suffering
  1. How can I afford an attorney if I have lost everything due to the injury?
Personal injury situations can be financially devastating to the injured party. Recouping some of this financial loss is a primary reason why people pursue legal action. If you are worried about paying for an attorney to help you with your case, you'll be pleased to know that many PI attorneys work on a contingency basis. They will not collect any fees from you unless you win.
  1. How do I select an attorney?
Finding an attorney who is qualified and whom you trust is essential to making it through a personal injury case. Take some time to research attorneys and don't be afraid to ask questions about their experience with cases like yours. You can start by:
  • Researching attorneys online
  • Developing a list of questions to ask during your consultation
  • Obtaining referrals from friends, family and colleagues
  • Interviewing a short list of attorneys
  1. How do I know whether or not I have a personal injury case?
There must be grounds in order for a personal injury case to proceed. Attorneys look for several elements to determine if a case exists:
  • Did the negligent party have a duty of care?
  • Did they breach that duty of care?
  • Was the claimant injured as a result of that breach of care?
  • Did the claimant suffer damages as a result?
  1. Is there a time limit on pursuing a case?
There is a statute of limitations of 3 years on personal injury cases in Wisconsin. This means that if you do pursue legal action, you must file a lawsuit within 3 years of being injured.
Meet With An Eisenberg Law Attorney To Learn More About Personal Injury Cases
If you have been injured by another party and want to find out if you have a personal injury claim, contact the attorneys at Eisenberg Law Offices in Madison, Wisconsin. Our personal injury attorneys can evaluate your situation and recommend a course of action that helps you obtain appropriate compensation for your injuries.
Arrange a free consultation by calling 608-256-8356 or emailing Info@eisenberglaw.org.
This post was first published at https://www.eisenberglaw.org/firm-overview/articles/faqs-in-personal-injury-cases/.

Monday, November 25, 2019

Explaining Wisconsin's Concealed Carry Laws

Madison Criminal Defense Attorney explains Wisconsin’s concealed carry laws

Wisconsin, like many states, allows concealed carry. This gives you the right, if you follow the legal requirements, to carry a concealed weapon in the state. This right comes with limits that you need to understand. If you carry when or where it is not allowed, you can be arrested despite Wisconsin's concealed carry law.

What Does "Concealed Weapon" Include?

A concealed weapon may be a gun, but it includes other weapons as well. A knife, a stun gun, and many other weapons fall within the meaning of the law. Further, "concealed" under the statute does not limit applicability to a completely hidden weapon. If you have a weapon sticking out of your pocket, tucked into your pants, or partially covered under your shirt, it qualifies as a concealed weapon.

Who Can Carry a Concealed Weapon?

You don't have an automatic right to carry a concealed weapon in Wisconsin. Before you can do so, you have to fill out an application and submit it to the Wisconsin Department of Justice. After you fill it out, you wait for the DOJ to process and evaluate your application. If you are approved, you will receive a concealed carry permit in the mail. To obtain approval to carry a firearm, you have to be at least 21 and show that you completed required gun safety training. Further, some criminal convictions or federal disqualifications can keep you from being approved.

Not an Absolute Right

Once you receive your permit, there are still limitations. You cannot carry a concealed weapon inside schools, bars, or government buildings. In addition, any business can post a sign that it does not allow concealed weapons, and you have to abide by that direction. Finally, you can be arrested for carrying a firearm if you are intoxicated.
If you need help working through the requirements for concealed carry in Wisconsin, or get in trouble for a concealed carry violation, legal help is available. Contact Eisenberg Law Offices online or at (608)256-8356 to learn more.
This post was originally published at https://www.eisenberglaw.org/explaining-wisconsins-concealed-carry-laws/.

Friday, November 22, 2019

How to Deal With a DUI Traffic Stop and Resulting Charge

Facing DUI charges in Madison WI?  Here’s what you should do…

Checkpoints and traffic stops for DUIs are increasing, especially as more people get behind the wheel after not only drinking but also using drugs. Police officers want to get drivers who are under the influence off the road, and if you are pulled over and show signs of intoxication, you will find yourself in a lot of legal trouble. Should you have to go through a checkpoint or if you're pulled over by police, remember these tips to help you get through the stop and any legal processes that result.
Take This Seriously
Take the stop and tests seriously, even if you are completely sure you'll pass and be let go. Maybe you were pulled over randomly, or maybe the police spotted some odd driving behavior; whatever the reason they had for pulling you over, you can't treat this like a joke, especially if you're driving away from a bar or if you have alcohol on your breath.
Technically, you do have the right to refuse to take a breathalyzer and field sobriety tests in Wisconsin (unless you're a commercial driver; then you can't refuse). However, that refusal can create more problems for you. In fact, there's a good chance you will be arrested if you refuse all tests; Wisconsin law penalizes you if you refuse tests after you've been arrested.
Get Legal Advice Immediately
An OWI charge is not something you should tackle on your own. And even if you're planning to plead guilty, you should never do this on your own; you'll be at the mercy of the court with little defense if you do.
A lawyer can help you decide the best route to take regarding a plea, and if you're found guilty, that lawyer can work on reducing your sentence and other penalties. Don't do this alone; contact Eisenberg Law Offices at (608) 256-8356 to arrange for a consultation.
This post was originally published at https://www.eisenberglaw.org/how-to-deal-with-a-dui-traffic-stop-and-resulting-charge/.

Wednesday, November 20, 2019

Here's What You Need to Ask When You See a Personal Injury Lawyer

Finding a Personal Injury Attorney in Madison WI – ask the right questions

Personal injury lawyers are known for having free initial consultations. These meetings give you a chance to discuss your case and its potential outcome without putting a dent in your budget. This prevents you from losing money on an appointment if you find out that your case wouldn't go very far in court or you don't like the attorney. You need to take advantage of that appointment and really make sure the attorney is the one you want to work with on your case. That means asking specific questions.

Qualifications for Your Type of Personal Injury Case

It's easy to find out the attorney's qualifications in general, but how much personal injury experience do they have, and how much of that focused on cases that were like yours? If you're there to discuss a car accident and the attorney has focused mainly on slip and fall cases, ask the attorney how that experience could translate into helping a car accident case. Or, you can search until you find an attorney with a good record in car accident cases.

How the Attorney Might Approach It

Ask the attorney how they might approach your case. Do they think a settlement is more likely? Do they have any specific courses of action to help you win your case? You want to be comfortable with whatever the attorney is planning.

What Happens if You Lose?

Let's say the worst happens, and you lose your case and don't get an award or a settlement. Who pays for the attorney's fees or costs? Who handles paying for the other party's fees, if necessary? What is the risk to you if you and the attorney lose?

How Does the Attorney Handle Settlement Offers?

Settlements are very common in personal injury cases. Any offers need to go through your attorney. How would the attorney handle negotiations and approvals, and will the attorney make sure to give you the final say?
For a free consultation, contact Eisenberg Law Offices at (608) 256-8356. If you're seeking damages for a personal injury case, you must have a good attorney on your side.
This post was originally published at https://www.eisenberglaw.org/heres-what-you-need-to-ask-when-you-see-a-personal-injury-lawyer/.

Monday, November 18, 2019

Traffic Stops and Marijuana Possession Arrest

Madison Criminal Defense Attorney provides insight to traffic stops and marijuana possession

While many states have legalized medical or recreational marijuana, Wisconsin still considers marijuana possession a crime. This means that if you have marijuana in your car when you are driving, you can be arrested if the police officers discover it during a traffic stop. If you have been arrested for marijuana possession, you need legal representation right away.

Possession and Probable Cause

Most traffic stops in Wisconsin are fairly routine. If your vehicle smells like marijuana, though, you can be in trouble. The scent is enough to give a police officer probable cause to search your vehicle. He or she has the right to look through the vehicle and to search anyone in it. If the officer then finds marijuana, however small the amount, you can be arrested for possession. A first offense is a misdemeanor that carries a fine of up to $1,000 and jail time up to six months. Additional offenses are felonies, and the potential fine goes up to $10,000, and prison for up to three and a half years.

Protect Yourself

Unless the laws change, you need to avoid possessing marijuana in your vehicle. If you are arrested, though, you still have rights. You can challenge whether the officer had the right to pull you over in the first place, or challenge other procedures if needed. Finally, an experienced attorney may be able to negotiate a deal to lessen the penalties or the crime to which you plead.
Don't consent to allow the officer to search your car. You have a constitutional right not to answer questions--so don't incriminate yourself. If you are arrested, go peacefully. When you have the opportunity, contact an attorney experienced in marijuana criminal defense work.
Anytime you are arrested, you have legal rights. Eisenberg Law Offices can help you understand and protect those rights. If you have been arrested for marijuana possession after a traffic stop, contact us online or at (608) 256-8356 for an experienced and compassionate legal defense.
This post was originally published at https://www.eisenberglaw.org/traffic-stops-and-marijuana-possession-arrest/.

Friday, November 15, 2019

How to Avoid Aggressive Driving

Personal injury attorney provides tips to help you avoid driving aggressively and aggressive drivers

Everyone has been on the road with aggressive drivers. Whether you are dealing with road rage or just impatience, drivers go faster than they should and make dangerous maneuvers to try to get from point A to point B faster than you. Unfortunately, this leads to accidents every day. Learn to avoid aggressive driving yourself, and to protect yourself from others who drive badly.

Why Drivers Get Aggressive

People always have a reason. Sometimes you leave late for work or appointments, and try to make up the time by pushing through faster. Other times people are angry or frustrated by whatever is happening in their personal lives. Finally, some people just take out their own aggressive nature on the road, getting a thrill out of pushing the boundaries of safe driving.

Pitfalls to Avoid

Do not let this be you. Aggressive driving endangers you and others around you. Start by leaving with extra time to get wherever you are going. If you plan to get there early, you have room to adjust to slow traffic along the way. It also makes you less apt to cut someone off to save time, or get angry at the slowdowns you may experience.
Besides time, you need to give yourself space. Following someone too closely or swerving in front of another driver creates problems for everyone. Keep at least three seconds of space between yourself and the car in front of you. This gives you time to react and keeps you from causing a preventable accident.

It's Not All About You

Of course, you can only control the way you drive. Slow down and give yourself room to move, but even when you do, someone else's aggressive driving can cause an accident. If an overly aggressive driver causes an accident that you can't avoid, you can seek damages for your car and your personal injuries. Contact Eisenberg Law Offices online or at (608) 256-8356 to protect your legal rights.
This post was first published at https://www.eisenberglaw.org/how-to-avoid-aggressive-driving/.

Wednesday, November 13, 2019

Will My Personal Injury Case Get to Trial?

Madison Personal Injury Attorney provides an explanation

People are injured in Wisconsin every day. Some of these injuries create minor inconveniences, but some change lives forever. In either case, trials over personal injuries have become the exception rather than the rule. If you have been injured, you should understand that your case will likely settle. Until it does, though, you must prepare as though you will go to trial.

Most Personal Injury Cases Settle

Insurance companies handle negotiations for many personal injury cases. They often try to lure you into a quick injury settlement. It can be tempting; you may need or just want an up-front payment that finishes the matter for you. Before you do, though, understand that initial offers usually come far below the true value of your claim.
Rejecting an initial settlement offer does not mean you can't settle. Instead it starts a process of negotiation and preparation. Experienced attorneys  will work to understand the facts and move toward a true and fair damages settlement.

Prepare for a Trial

Sometimes you can't agree. The insurance company may see the case differently from how you see it. For this reason, you should always assume that your own case might go to trial. Work with your attorney to understand and develop the facts underlying your claims. Learn what to expect if you do go to trial, including how long it will take and what your strategy will be.
In the meantime, keep taking care of yourself. Treat your injuries and keep track of the value of your treatments, whether or not your health insurance covers the costs. It can be a long path to trial, and failing to do what you can to get better diminishes your physical and financial recovery.

Hire the Right Personal Injury Lawyer

Through all of this, your attorney serves as your guide through the process. Seek experienced representation, and listen to the advice you receive. If you have been injured in the Madison, Wisconsin area, contact Eisenberg Law Offices, online or at (608) 256-8356. We will help you get the recovery you deserve.
This post was originally published at https://www.eisenberglaw.org/will-my-personal-injury-case-get-to-trial/.

Monday, November 11, 2019

Misdemeanors Vs. Felonies In Wisconsin

Misdemeanors Vs. Felonies In Wisconsin Explained

Wisconsin state statute is very clear on misdemeanors vs. felonies. Section 939.60 offers this definition: "A crime punishable by imprisonment of 1 year of more in the Wisconsin state prisons is a felony. Every other crime is a misdemeanor."

The primary differences between misdemeanors and felonies are:

  1. The penalties involved and
  2. Court procedures

Misdemeanor vs. Felony Penalties

Felony and misdemeanor are the two primary classifications of crime in WI. Once classified into one of these two categories, the specific crime is further defined into sub-categories. Felonies are further refined into 9 Classes such as Class A, B, C, etc. all the way through Class I, with Class A felonies carrying the most severe penalties. Misdemeanors have a much smaller range of categorization with only A, B, and C Classes. Again, Class A misdemeanors carry the harshest penalties.
Two key factors differentiate misdemeanors from felonies. The first is if the crime is punishable by jail time of one year or more. If it is, it is a felony. The second factor is whether or not the crime is punishable by incarceration in the Wisconsin State Prison System. If it is, then the crime is a felony. If not, then it is a misdemeanor.
In addition to jail time, all misdemeanors and felonies carry with them monetary fines and sometimes, other restrictions such as loss of a driver's license. Felonies, in particular, carry harsh penalties such as the forfeiture of second amendment rights, the right to vote, and the ability to hold office or serve on a jury.

Court Procedures

Court procedures differ for misdemeanors vs. felonies. Misdemeanors have fewer steps, typically an initial appearance to set bail and arraignment and a pretrial. After the pretrial, the case may move to a trial, plea or sentencing or it may be referred back to the state for further evidence review.
Felony court procedures are more complicated. The process also begins and an initial appearance and the setting of bond and bail. Arraignment occurs after the preliminary hearing, which is where the state must demonstrate probable cause for the charges. If this is proven, the case then moves forward with the defendant having a chance to waive their right and acknowledge the probable cause or choosing to go to a hearing where the state must show probable cause exists. The state does not have to prove their case beyond a reasonable doubt at this point, they just have to prove that a felony was probably committed and that the defendant was likely responsible.

Build a Strong Defense With an Experienced Wisconsin Legal Team

There are many factors that go into sentencing including the defendant's criminal history and the Class of crime, whether it is a felony or a misdemeanor. Early representation by an experienced criminal defense attorney can help reduce the charges against you and the resulting fines and penalties. Don't wait until you are formally charged with a crime to contact Eisenberg Law Offices. Our Madison criminal defense attorneys can represent you from the start at your initial appearance. This early representation can have a dramatic impact on the outcome of your situation. Call 608-256-8356 as soon as you are arrested to begin building a strong defense.
This post was originally published at https://www.eisenberglaw.org/misdemeanors-vs-felonies-in-wisconsin/.

Friday, November 8, 2019

Back Injuries After A Vehicle Accident | Car Crash Injury

Back Injuries Are Common After A Vehicle Accident

Most of the time, a vehicle accident comes as a surprise. In the grip of the adrenaline rush that follows, it's not uncommon for accident victims to feel fine and, as a result, spend more time worrying about the damage to the cars than the damage to their bodies. But once that adrenaline wears off, even the most minor of accidents can leave a person in pain. Some of the most common car accident injuries occur to the back and they can completely upend your life.

Dangerous Back Injuries

Back injuries range from mild to severe and from temporary to permanent. The most common back injury is bruising, but the more worrisome injuries all relate to the spine and include:
  • Spinal Cord Injuries. The force of a car accident can lead to bruising of the spinal cord, which is usually temporary. More serious injuries to the spinal cord are lacerations and even severing of the spinal card, which could cause severe injury or even paralysis.
  • Fractures. Compression fractures of the spine are common in vehicle accidents due to the force of the crash counteracted by the restraint of the seatbelt.
  • Disc Injuries. Car accidents can cause herniated discs, which can cause nerve pain and damage in addition to back pain.

Warning Signs of a Back Injury

Back injuries are insidious, sometimes not showing up until days or weeks after the accident. In the case of disc or nerve damage, your back may not even hurt. No one experiences injury in the same way, which is why you should always consult a doctor after an accident, if only to get a clean bill of health. Waiting may only make the injury worse. Warning signs of a back injury include:
  • Pain in the back, shoulders, and/or neck.
  • Numbness or tingling on your skin or in your extremities.
  • Lack of mobility or motion.
  • Red or inflamed areas.
  • Bumps or raised areas under the skin.

Don't Let a Back Injury Ruin Your Life

Recovering after a vehicle accident takes time.  The more severe the accident and the more serious the injury, the longer the recovery. This can mean time off from work and sometimes even losing your job if you can no longer do the same type of work. It is not the time to grin and bear it or hope for the best. Instead, consult an Eisenberg Law car accident attorney for advice and guidance. It's possible to recover compensation for your injuries, which can help you better manage the financial impact of the accident. Once that financial stress is removed, you can focus on your recovery. Call Eisenberg Law Offices in Madison, WI at 608-256-8356 to schedule a free consultation.
This post was originally published at https://www.eisenberglaw.org/back-injuries-after-a-vehicle-accident-car-crash-injury/.

Wednesday, November 6, 2019

Defense Against Domestic Abuse With A Weapon In Wisconsin

Defense Against Domestic Abuse With A Weapon in Wisconsin

Although the charge of domestic abuse with a weapon in Wisconsin follows the same procedural filings as domestic abuse without a weapon, the penalties are much higher. Complicating matters is the fact that Wisconsin recognizes several objects as "weapons" even when they would not normally be classified as such. For example, pots and pans, coat hangers, garbage bags, and sticks could all be considered weapons in a domestic violence case.
Given the severity of the penalties and the wide-ranging and loose interpretation of "weapon", it is it vitally important for the accused to develop a strong defense strategy early in the process. Even a heated argument where you throw a book at your partner could result in a charge of domestic abuse with a weapon.

Penalties Associated With Domestic Battery in Wisconsin

Penalties for domestic abuse in the state depend on whether or not there was bodily harm. Under state law, domestic abuse with a weapon that does not result in bodily harm is a felony carrying penalties of two to ten years in prison and $10,000 in fines.
If the accused is convicted of domestic abuse with a weapon and bodily harm does result, it is also a felony. In that instance, it is punishable by up to 15 years in prison and a fine of $10,000. In addition, offenders must surrender their weapons and are permanently barred from possessing a firearm.

Defense Strategies For Domestic Abuse with a Weapon

Domestic violence cases often become a "he said-she said" situation, fueled by strong emotions like jealousy, revenge, or arguments over child custody. Your defense attorney will examine the facts of the case very closely to ensure that ONLY the facts are presented as evidence and to minimize the emotions of the situation. Every case will require a different defense strategy; possible defense arguments include:
  • The accused did not actually use the weapon to cause bodily harm.
  • The accused acted in self-defense.
  • There was no intent to cause harm.
  • The accusations are false.

Schedule a Free Defense Consultation

It is very important not to brush off charges of domestic abuse, with or without a weapon, even if it is your first offense. Even first offenses can land you in jail. Along with jail comes a criminal record which will affect every aspect of your life from finding a job to finding a place to live and even spending time with your kids. Plea deals are often offered in these types of domestic cases, but they are not always as straightforward or beneficial as they seem. If you are offered one, do not accept it without speaking to an attorney.
Protect yourself and your future by scheduling a free defense consultation with the criminal defense attorneys at Eisenberg Law Offices. Our attorneys have been defending against charges of domestic abuse and battery in Wisconsin for over 35 years and are skilled at building solid defenses.
Arrange your free consultation by calling Eisenberg Law Offices at 608-256-8356 or emailing Info@eisenberglaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/defense-against-domestic-abuse-with-a-weapon-in-wisconsin/.

Monday, November 4, 2019

FAQs In Personal Injury Cases

Common FAQs in Personal Injury Cases

Most Wisconsin residents go through life never getting involved in personal injury cases. It’s no surprise then, that when you do find yourself embroiled in a personal injury (PI) situation, you have a lot of questions. Our answers to some of the most common PI questions can help ease your mind and understand what to expect in a personal injury case.
  1. What is a personal injury case?
Whenever a person is injured due to another party’s negligence, it can lead to a personal injury case. They are some of the most common types of civil cases today. PI cases can take one of two forms. The first type is a personal injury claim, such as when you negotiate with an insurance company adjuster to collect compensation. The second type is a personal injury lawsuit, which is much more involved and can lead to a trial. Consultation with a personal injury attorney can help you decide which strategy is best for your situation.
  1. What are the most common types of PI cases?
Injuries can arise in many different situations, which means there are many different kinds of personal injury cases. Some of the most common cases in Wisconsin are:
  • Motor Vehicle Accidents
  • Slip and Fall Accidents
  • Premises Liability Accidents
  • Product Liability
  1. What kinds of damages can I collect?
You must have suffered damages or a loss in order to pursue a personal injury case. Damages are awarded in the form of financial compensation and may cover both physical and emotional losses. Examples of damages that may be awarded include:
  • Medical Expenses
  • Lost Wages for both past and future expenses
  • Punitive Damages
  • Wrongful Death
  • Pain and Suffering
  1. How can I afford an attorney if I have lost everything due to the injury?
Personal injury situations can be financially devastating to the injured party. Recouping some of this financial loss is a primary reason why people pursue legal action. If you are worried about paying for an attorney to help you with your case, you’ll be pleased to know that many PI attorneys work on a contingency basis. They will not collect any fees from you unless you win.
  1. How do I select an attorney?
Finding an attorney who is qualified and whom you trust is essential to making it through a personal injury case. Take some time to research attorneys and don’t be afraid to ask questions about their experience with cases like yours. You can start by:
  • Researching attorneys online
  • Developing a list of questions to ask during your consultation
  • Obtaining referrals from friends, family and colleagues
  • Interviewing a short list of attorneys
  1. How do I know whether or not I have a personal injury case?
There must be grounds in order for a personal injury case to proceed. Attorneys look for several elements to determine if a case exists:
  • Did the negligent party have a duty of care?
  • Did they breach that duty of care?
  • Was the claimant injured as a result of that breach of care?
  • Did the claimant suffer damages as a result?
  1. Is there a time limit on pursuing a case?
There is a statute of limitations of 3 years on personal injury cases in Wisconsin. This means that if you do pursue legal action, you must file a lawsuit within 3 years of being injured.
Meet With An Eisenberg Law Attorney To Learn More About Personal Injury Cases
If you have been injured by another party and want to find out if you have a personal injury claim, contact the attorneys at Eisenberg Law Offices in Madison, Wisconsin. Our personal injury attorneys can evaluate your situation and recommend a course of action that helps you obtain appropriate compensation for your injuries.
Arrange a free consultation by calling 608-468-6595 or emailing Info@eisenberglaw.org.

Selecting A Doctor After A Car Accident

Tips For Selecting a Doctor After a Car Accident

A car accident can result in both emotional and physical harm. They almost always lead to shock, whether it lasts only a few minutes or a few days. Along with this shock comes an adrenaline rush, which can mask the pain of physical injuries. In some ways, it's very handy because the adrenaline allows us to focus on the immediate tasks necessary after a car accident, like moving safely out of traffic, checking for serious injuries, and calling the police. After your mind has calmed down and had time to process the accident, you may notice aches and pains that weren't there before the accident. One of the most common pieces of advice you'll hear from well-wishers is to "go see a doctor". How you go about selecting a doctor after an accident depends on your injury or pain.

Doctors Who Can Help After A Car Accident

Even if you aren't in pain or think your pain is a mild, temporary discomfort that will go away with time, you should still make an appointment to see a medical professional. Many injuries are unnoticed at the time, but can cause pain and even disability days, weeks, months, and even years later. A doctor can give you an exam to rule out serious injury or to diagnosis whatever injury is plaguing you, then get you started on a recovery plan. When selecting a doctor, consider these choices:
  • Emergency Rooms (ER). This is where you should go for life-threatening, serious injuries. If you have a sudden severe headache, dizziness, broken bones, and large open wounds or contusions get to the ER right away. In the immediate aftermath of an accident, an ambulance can transport you to the ER. If the symptoms arise later on, ask someone to drive you there or call an ambulance yourself.
  • Primary Care Physician (PCP). If you have a PCP and the injury is not ER-worthy, you may want to make this your first choice. Your PCP will be familiar with your medical history and can conduct a full exam. They can also make referrals to specialists like chiropractors, physical therapists, or neurologists and order imaging tests to aid the diagnosis. Many people feel more comfortable seeing a familiar face after a car accident and trust their PCPs more than doctors they don't know.
  • Physical Therapist. Physical therapists are a good choice if you are stiff or have a limited range of motion or trouble moving. These health care providers use a combination of therapies to loosen, relax, and strengthen muscles so that your body can help repair itself. A physical therapist focuses on body mechanics, which may involve the treatment of bones, joints, muscles, tendons, and tissues so your body can get back to its normal mode of operation and movement.
After your initial exam and diagnosis, any of these medical professionals may recommend imaging tests or other therapies or refer you to specialists to support your recovery. All of them should look for signs of concussion and brain injury in addition to whiplash, disc injuries, and muscle or joint injuries. Always be completely honest about your symptoms and their severity as it will help aid diagnosis and recovery. This includes any emotions or fear you may be feeling related to the accident. Selecting a doctor may mean more than just choosing a medical doctor, counseling and therapy may be needed after an accident, too.

Car Accident Injuries May Entitle You To Compensation

If you have been injured in an auto accident, you may be able to file an insurance claim or a personal injury claim to help cover the cost of medical bills, lost wages, and pain and suffering. Contact the personal injury team at Madison's Eisenberg Law Offices for a free consultation by calling 608-256-8356 or emailing Info@eisenberglaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/selecting-a-doctor-after-a-car-accident/.

Wednesday, October 23, 2019

If You Have a Dog in Wisconsin, You're Liable for All Dog Bite Injuries

Wisconsin law states dog owners are responsible for costs associated with dog bite injuries — even if the owner did his or her best to prevent the bite. This is a “strict liability” state, meaning there’s no gray area where an owner’s actions might reduce any financial responsibility. For dog owners, that means they have to keep a close eye on their dogs and be extremely careful about where the dog can go, especially because “strict liability” applies to more than just bites.
When dogs cause problems, be they bites, scratches, or even running out in front of cars and causing accidents, the people affected by the dogs’ actions don’t always have the ability to protect themselves from the dogs. For example, a jogger who is suddenly bitten by a dog may not have time to take defensive action. Wisconsin adopted the strict-liability statute for this reason, so that those left with injuries or damage from a dog’s actions wouldn’t have to deal with the financial fallout.
Owners also need to note that if the dog has a history of biting and drawing blood, liability is doubled. In other words, if your dog has bitten someone in the past, you’ll owe even more this time around.
But that poses a problem for dog owners. Dogs aren’t always predictable; even well-trained ones can have their outbursts. Because the owner would have to pay for costs associated with anything the dog did or caused, it pays to keep a close eye on the animal. Make sure your dog can’t suddenly run out of the house, and put it through training classes so that its behavior is as good as possible.
If you have been bitten by a dog, contact Eisenberg Law Offices at (608) 256-8356.
This post was first published at https://www.eisenberglaw.org/if-you-have-a-dog-in-wisconsin-youre-liable-for-all-dog-bite-injuries/

Monday, October 21, 2019

Why Settling a Personal Injury Claim Can Be of Benefit

Personal injury lawsuits often end in settlements, and these can have both advantages and disadvantages. The benefits may outweigh those disadvantages, however, because a personal injury lawsuit can take a very long time and be emotionally and financially draining. A settlement offers a faster solution that could see you back on the road to recovery instead of caught in a cycle of waiting and medical debt.
Settling a personal injury claim can be done at any time while a case is pending or in process. If the defendant thinks that the case might end in your favor anyway, he or she could offer a settlement amount that will most likely be less than what you’re looking for — but it could be enough to cover what you need. You could get compensation much more quickly than if you waited and pursued the lawsuit. You could also avoid having much of your court award taken away by increasing costs. While you’d still have legal fees to pay after a settlement, the fees wouldn’t be quite as high as they would have been had you waited.
You don’t have to accept the first settlement amount that you’re offered. However, you do have to be realistic about what you can get. If you’re offered a settlement, discuss it with your lawyer before accepting or rejecting it to ensure that you’re making the right move.
If you’ve been injured and want to sue the person who caused your injury, contact Eisenberg Law Offices at (608) 256-8356. One of our attorneys can help you with the case and evaluate settlement offers to ensure you’re getting the right deal.
This post was first published at https://www.eisenberglaw.org/why-settling-a-personal-injury-claim-can-be-of-benefit/

Friday, October 18, 2019

Understanding Wisconsin Domestic Violence Law

Wisconsin takes domestic violence laws seriously. This comes from a place of wanting to protect the safety of all of its citizens. Still, if you don’t understand how this area of law works, you might find yourself in trouble for your actions or words. Before you get to that point, take the time to understand just what domestic violence means in Wisconsin.
Who Do These Laws Protect?
Domestic violence laws come into play between family members or any people living together. If you live with your spouse, your ex-spouse, your parents, or even a roommate, you may be subject to domestic violence charges. All that is required is an incident in which one person hurts or threatens another who lives with him or her.
What Is Domestic Violence?
You probably think of domestic violence when a man beats his spouse. This certainly qualifies, but it is only part of the picture. Domestic violence does not require physical harm for charges to be filed. It includes any of these incidents:
  1. Any act intended to cause pain to another person;
  2. Any act to intentionally impair someone; or
  3. Any act that creates a reasonable fear in another person that physical harm will result.
None of these categories requires that someone is physically injured. Trying to hurt someone, or threatening to hurt someone, can qualify–and get you into a lot of trouble.
Legal Consequences of Domestic Violence
If someone calls the police about an incident in your home, they will determine whether any of the three categories of domestic violence has occurred. They will look at whether anyone is hurt, look at any criminal history for everyone involved, and assess the level of fear present. If you are arrested, you can face restraining orders, fines, and jail time. You also get a criminal record that will follow you for the rest of your life.
If you have been arrested for domestic violence, you need to take the charges seriously. The experienced lawyers at Eisenberg Law Offices can help. Contact us today, online or at (608)256-8356.
This post was first published at https://www.eisenberglaw.org/understanding-wisconsin-domestic-violence-law/

Wednesday, October 16, 2019

Getting a Lawyer After You Are Arrested

When you get arrested, your mind starts racing. You think about your friends and your family, about what you are going to do. Hopefully, you also think about contacting a lawyer. Before you do, though, you have some time to stop and plan. You don’t want to call the first attorney you hear about. Instead, do a little work and make sure you find the right person for your case.
Research Your Choices First
First, you need to look into lawyers who practice criminal law. If you are arrested in the Madison, Wisconsin area, you don’t want to call on an out-of-state lawyer who does not know the local laws or court rules. You also want someone who has a good reputation and works in criminal court; a great civil lawyer might be out of his or her element working against a prosecuting attorney.
Find the Right Experience
There is more to experience than just knowing the court and practicing in your area of law. You want someone who has handled your kind of case to represent you well. White collar criminal defendants deal with very different legal issues from domestic assault defendants or drug possession defendants. When your freedom and your criminal record are on the line, you do not want to work with someone who dabbles–no matter how smart or accomplished he or she is in another area of expertise.
Don’t Wait Too Long
While you want to get your choice right, you also can’t wait too long before you hire an attorney. The criminal law process works much more quickly than civil cases do, so you need to find strong representation. Ask friends and family to help you look into your options, and try to meet with an attorney within a few days of your arrest. That face to face meeting can help show you how well you can work with someone.
If you are looking for experienced representation after an arrest, contact Eisenberg Law Offices, online or at (608)256-8356. We have the experience and the knowledge you need for your defense.
This post was first published at https://www.eisenberglaw.org/getting-a-lawyer-after-you-are-arrested/

Monday, October 14, 2019

Recovering Costs for Physical Therapy After a Slip and Fall

Medical care costs more in Wisconsin every year. If you’ve been in an accident, your time in a hospital or visiting your primary doctor afterward is a big part of your costs, but it doesn’t end the story. Often, you have to go through ongoing treatment, including physical therapy. When you file a claim for your injuries, you don’t want to leave this out.
When You Need Physical Therapy
Hospital care and treatment often focus on the larger, structural issues you face when you are injured. Broken bones, lacerations, and other damage to your body are easy to spot. Physical therapy focuses on the soft tissue and the issues that lie under the surface. You may need to work to regain mobility in your legs, shoulders, or other joints and muscles in your body. It takes time, but it is a critical component to achieving full recovery.
Document Your Costs
When you go through physical therapy, you will need to identify your costs before you can recover damages. These damages include not just your out-of-pocket expenses, but the full value of the care you receive. Your receipts will show only what you pay; make sure you retain the breakdown of what this therapy costs before insurance and discounts. All of this helps you show the value of care you receive, and therefore the amount in damages that someone responsible for your injuries should expect to pay.
Finish First
If the person responsible is insured, the insurance company may make a settlement offer right away. This can be tempting; you may need the money, and having it in hand might make some short term problems go away. Remember, though, that insurance companies thrive by paying out as little as possible. If you need more physical therapy than you initially expect, a settlement removes your ability to recover your full damages.
Before you settle your injury claim, speak with the attorneys at Eisenberg Law Offices. We will help you get the recovery you deserve. Contact us online or at (608)256-8356 to learn more.
This post was first published at https://www.eisenberglaw.org/recovering-costs-for-physical-therapy-after-a-slip-and-fall/