Credibility Plays a Role When Prosecuting Sexual Assault Cases

Get an experienced Madison WI sexual assault attorney to represent you

It's not unusual for a sexual assault accusation to end up in court long after the alleged attack occurred. This can lead to a lack of evidence and give the case a "he said, she said" quality. The legal representation on both sides is left with presenting or attacking credibility to make their cases. This can be frightening for the people whose lives will undergo scrutiny, but there are parts that are not allowed to be used to undermine the case.
What Can and Can't Be Used
Prosecutors will look at how credible the defendant and complaining person's stories are. Both parties will have their stories scrutinized for how likely the sequence of events is, if any alibis are credible, and if the alleged victim has any reason to falsify testimony and falsely accuse the defendant.
The alleged victim's past sexual history can't be used to convince the jury that what happened couldn't have been sexual assault. In other words, the defense can't say that the alleged victim couldn't be assaulted because he or she had had several sexual partners in the past.
There are limited circumstances in which the defense can bring this up, but the defense must prove to the court that prior sexual relationships are actually relevant to the case.
One More Problem
Overconfidence can be a real problem for those who are sure of their case. For example, someone accused of sexual assault, who has proof that he or she was not in the state at the time, may become overconfident and give sloppy answers that the prosecution could twist into a statement implying guilt. Overconfidence leading to sloppy, careless testimony can also damage the prosecution's case.
If you have been accused of sexual assault, never assume that the case is going to be easy to win or impossible to deal with. Contact Eisenberg Law Offices and speak with an attorney. You need to build an airtight case, and you must have good legal representation to do that.
This post was originally published at https://www.eisenberglaw.org/credibility-plays-a-role-when-prosecuting-sexual-assault-cases/

What You Should Do if You Get Into a Car Crash

What to do immediately after a car accident

No one wants to be in a car accident, but it happens to most drivers at one point or another. And with winter still hanging around Wisconsin, the chances of an accident are too big to ignore. If you have managed to avoid an accident or have not had one for a long time, you might have forgotten what to do after one happens.
At the Scene
If possible, move the cars to the side of the road, or at least as far to the side as possible. Call emergency services (911), and let the dispatcher know if anyone appears to be injured. Do not state that everyone is definitely fine as smaller injuries often don't show up until after the shock of the accident has worn off. Even if no one has any apparent injuries, ask the police to come out and take a report. Do trade insurance information. Do not say the accident was your fault, even if you think it was obvious that it was. If you have a camera with you, even a phone camera, take pictures of your car, the other party's car, and any other damage or items associated with the accident.
After You Leave
After you leave the scene of the accident, get medical attention if you're definitely injured; if you're not, contact your insurance agent and give them the other party's insurance information and the police incident number, if you have it (you may have to call the police department after a few days to get the actual report). Monitor how you feel over the next few days, and don't be surprised if you notice bumps or bruises the next day. Keep all of your receipts and records, from car repair to medical appointments and testing.
Because no two accidents are the same, your exact course of action can vary slightly. In some cases, insurance companies can be reluctant to pay out, or you could find yourself filing a lawsuit. Should you end up going to court, contact Eisenberg Law Offices for help.
This post was originally published at https://www.eisenberglaw.org/what-you-should-do-if-you-get-into-a-car-crash/

Private Criminal Defense Attorney vs. Public Defender in Wisconsin

A criminal defense attorney has several advantages over a public defender

In Wisconsin, as in every state, you have a right to legal representation as a criminal defendant. If you are arrested, you can choose between paying for a private criminal defense attorney or accepting a public defender for your case. While either choice will give you a licensed attorney with experience in criminal law, a private criminal lawyer presents important advantages. If you are able to hire an experienced, effective private attorney, this is usually the better path for you.
Time for Your Case
Public defenders work very hard. Generally, they care very much about the cases they handle. Unfortunately, though, because the public defender's office is supported through public funding, its attorneys have to carry large caseloads. They work long hours and generally have little time to devote to your case.
A private attorney has the ability to keep his or her caseload manageable. At Eisenberg Law Offices, the firm will monitor to ensure no attorney has more than he or she can effectively manage. You will meet your attorney face to face and know he or she has time to focus on helping your defense.
Specific Experience
A side issue with the caseloads the public defenders face is that they become criminal law generalists. A public defender handles criminal law cases across the spectrum, whether they are homicide cases, drug cases, or OWI cases. In contrast, a private criminal defense attorney can develop a niche and build a career focused in a particular area of law.
If your case is particularly complex, that experience and expertise becomes even more critical. A public defender will do his or her best for you, but typically will not have the resources to plan and build your defense as effectively as a strong private criminal defense attorney can do.
Focused Criminal Defense Help
Public defenders work very hard to perform an important public service. But when your life is in an attorney's hands, you should look for the best, most experienced attorney you can afford. Eisenberg Law Offices has the experience, time, and resources to provide you with the effective defense representation you deserve.
Public defenders work very hard to perform an important public service. But when your life is in an attorney's hands, you should look for the best, most experienced attorney you can afford. Eisenberg Law Offices has the experience, time, and resources to provide you with the effective defense representation you deserve.
This post was originally published at https://www.eisenberglaw.org/private-criminal-defense-attorney-vs-public-defender-in-wisconsin/

Placed on probation in Wisconsin. Now What?

If you are on probation in Wisconsin, know what’s expected to stay out of trouble

If you are placed on probation in Wisconsin, the court has determined that you should be released back into the community rather than having to go to jail. Still, this does not mean the same thing as having your freedom. Probation usually comes with a requirement that you meet certain conditions until the probationary period expires. For this reason, you should work with your lawyer to make sure you understand and can follow the conditions for your release.
Don't Break the Law           
The first of these sounds very simple: if you are on probation, you need to make sure you do not commit any other crimes. It is critical for you to adhere to this. Committing another crime, even something that seems relatively small, can result in your probation being revoked and your going to jail.
You should not only be careful of what you do, but of what company you keep. If you have friends with a penchant for trouble, or go to bars or other locations that might bring out the worst in you, you should avoid them over the course of your probation. Don't put yourself in situations that might lead to trouble.
Checking In
You also will likely have to check in periodically with your assigned parole officer, and sometimes attend court-ordered counseling as well. Do everything you can to keep all of these appointments on schedule. If an emergency forces you to miss something, you must reach out to your parole officer and let him or her know. Never assume that missing a court-ordered appointment is okay.
Drug and Alcohol Testing
Finally, one condition of your release may be to submit to regular drug and alcohol testing. Do not rely on math and average time for a substance to work through your system. When you are required to be tested, the only safe approach is to abstain until your probation is over.
Navigating a probation in Wisconsin is not always easy. Your attorney at Eisenberg Law Offices can help you understand and keep the conditions of your parole.
This post was originally published at https://www.eisenberglaw.org/placed-on-probation-in-wisconsin-now-what/

Prioritizing Safety on a Spring Road Trip: 5 Easy Tips

Avoid car accidents with these road trip safety tips

Wisconsin winters can be brutal, with the extremes seemingly worse by the year. It is no wonder so many people look forward to spring, when the weather finally breaks and the world seems accessible again. It provides the opportunity and perfect excuse for a road trip. In your excitement for escape, though, be careful not to forget safety. The ice may have melted away, but car accidents can still happen. Following these safety tips can help keep you safe on your spring road trip.
1. Put Your Phone Away
Texting and driving is illegal in Wisconsin. More importantly, distracted driving causes accidents every day. Whether you are thinking about making a call, posting on Facebook, or sending updates on your trip, wait until you stop. Your social media followers can live without your documenting your road trip until later.
2. Have Your Car Checked
Vehicle maintenance, including changing your oil, checking your brakes, and topping off your fluids, goes a long way toward protecting you. Give your car a tune-up to make sure it is road-ready. If you are discovering a problem on the highway, it is too late.
3. Protect Your Eyes
You may feel like you have gone all winter without seeing the sun. Suddenly, a bright, glowing orb appears in the sky. Wearing sunglasses with UV ray protection helps lessen the effect of sun glare, keeping you and other drivers safer on the road.
4. Buckle In
If you are in an accident, you and your family are safer if you wear seat belts. If you have small children, check to make sure their car seats are secure as well. It may be easy to get caught up in the scenery and the fresh air, but basic safety measures still matter.
5. Pack a First-Aid Kit
You are almost certainly not equipped to perform major medical work on the road. Treating any minor scrapes or curs, though, can prevent big problems down the road. Keep bandages and antibiotic treatments handy, just in case.
This post was originally published at https://www.eisenberglaw.org/prioritizing-safety-on-a-spring-road-trip-5-easy-tips/

How to Protect Yourself During a Fall

Prevent personal injury during a fall

Almost everyone has fallen at some point. According to the Wisconsin Department of Health Services, this particularly creates problems for the elderly, one third of whom fall each year. Unfortunately, this can lead to serious injuries. You can take steps to prevent falls, but some remain inevitable. Because of this, you should also should learn how to protect yourself when it happens.
Protect Your Head
Your most immediate concern any time you fall should be to protect your head. If you are falling straight forward or backward, your momentum can carry your head to a direct impact with the floor or ground. If this happens, you risk suffering a neck or brain injury that can carry long-term consequences for your health.
To avoid these injuries, try to tuck your head or turn to your side when you fall. Hitting the ground this way can still be painful and cause other injuries, but recovering from bruises or even broken bones comes with less long term risk than a brain or spine injury. Avoid this kind of impact if at all possible.
Protect Your Joints
One of the most natural reactions to falling down is to try to brace yourself by reaching your hands in front of you. Similarly, to keep from falling on your face, you might bend your knees to lessen the distance you fall. Although these reactions come naturally, they are not the best ways to protect yourself. Wrist or knee injuries often come from this self-preservation instinct.
To protect your joints, you should try to tuck your body when you fall. Rather than falling on your hands, knees, or elbows, try to hit with a softer, fleshier part of your body, or a longer portion like your side to spread the impact over a wider area.
If you do fall, you have more to protect than just your health. When a slip and fall or other accident comes due to someone else's negligence, you should contact an experienced attorney to protect your legal rights.
This post was originally published at https://www.eisenberglaw.org/how-to-protect-yourself-during-a-fall

Drug Charges Defense | Marijuana Possession Defense In WI

Yes, It Is Possible To Fight Marijuana Possession Charges In Wisconsin

Facing drug charges is a scary time, whether it is you or your child who is charged. As the legalization of marijuana movement grows across the country, more and more people in Wisconsin are finding themselves facing charges of marijuana possession and in need of help defending themselves against drug charges.

What many fail to realize is that it is possible to successful defend yourself against drug charges with help from an experienced drug defense attorney.

Take this situation for example:

·         Law enforcement officers respond to complaints of excess traffic coming and going from a certain apartment complex. Cars arrive, drivers exit their vehicles, enter the building for a very short amount of time and then leave.

·         In response to this unusual activity, police began surveillance on the property and end up stopping an individual because they suspect the individual visited to procure drugs. The individual exhibits the actions mentioned in the original complaint: stopped at the building, went in, came out again very shortly thereafter, and drove away. It was at this point that the individual was stopped by police.

·         When questioned during the stop, the individual admitted to purchasing marijuana for personal use and then handed 2 ounces of marijuana over to the officers.

·         The individual was charged with marijuana possession and was taken into custody.

Shortly after being taken in, the individual was able to obtain legal counsel. At the core of the attorney's defense was whether or not the arresting officer’s observations were sufficient to establish a reasonable suspicion to legally stop the vehicle. The attorney argued that the basis for stopping the vehicle was based solely on the defendant's entry into the apartment building and subsequent exit.

There arose a question about the legality of the seizure and the charges were eventually dismissed.

What this case illustrates is that even if an individual has marijuana or another illegal substance in his/her possession, how the police come to discover that fact and/or obtain possession of the substance matters. Individuals always have a right to privacy and protection from police harassment. If your protected rights are violated in any way, a skilled defense attorney can assist in the charges being dismissed.

Count On Eisenberg Law For Help Fighting Drug Charges In Wisconsin

It's important to remember that just because marijuana consumption and possession is legal in other states, it does not make it legal in Wisconsin. In our state, it is still illegal to possess marijuana for recreational purposes and even those who use it for a medical condition must comply with very stringent requirements as set by the state legislature.

Even so, that reminder doesn't do you much good if you've already been charged. The drug defense attorneys at Eisenberg Law Offices want you to know that there is hope. It is possible to fight marijuana charges.

If you have been charged with a drug or marijuana related crime, contact our team at 608-256-8356 or email Info@eisenberglaw.org for advice and representation.

This post was originally published at https://www.eisenberglaw.org/drug-charges-defense-marijuana-possession-defense-in-wi

Assault and Self Defense | Wisconsin Criminal Defense

When Self-Defense Leads To Assault Charges

There's a natural instinct to defend yourself when you feel threatened, but acting on that instinct can sometimes backfire and you may find yourself facing battery charges, which is a criminal charge in Wisconsin.

It's common to argue self-defense when facing such charges, but that is not a guaranteed way to get the charges dismissed.

A Question of Threats and Responses

Even if you took action to prevent harm from occurring, other details of the situation could be used to argue that your actions were unwarranted or unnecessary. One key consideration is whether or not your actions were proportional to the actions or threats you faced. A good example of this is when someone tried to cause minor harm to you, but you retaliated with actions that were considerably more harmful. In that case, a court would be unlikely to accept an argument of self-defense.

Another important consideration that a court will take into account is that of imminent threat. If there was no imminent threat to your/someone else's well-being, it is very hard to prove that a person was only acting to protect him or herself. The aggressor must have acted in a way that made you feel that he or she could harm you; such actions could be physical or verbal in nature.

In addition to imminent threat, a court will look at whether or not your fear was reasonable. Overreacting to a situation and causing someone else harm as a result can lead to battery charges, even if you claim you were only trying to protect yourself.

Is Self-Defense Applicable In Your Situation?

The only way to know for certain whether or not a claim can help your situation is to meet with a criminal defense attorney from Eisenberg Law Offices. Our Madison defense attorneys can explain how the situation may be impacted by such a claim and will work with you to build the strongest defense possible based on the facts. Contact us to learn more about the charges brought against you and possible defense options.

Call Eisenberg Law Offices at 608-256-8356 or email Info@eisenberglaw.org to discuss your situation.

This post was originally published at https://www.eisenberglaw.org/assault-and-self-defense-wisconsin-criminal-defense

5 Questions To Ask About A Wisconsin Personal Injury Lawsuit

5 Questions To Ask Yourself Before Filing A Wisconsin Personal Injury Lawsuit

Television and the media make it look like filing a personal injury lawsuit is easy, but if you don't have the necessary knowledge, the process can be fraught with complications. In some cases, you may go through the effort to file a lawsuit and have your case dismissed before it ever gets a hearing! Before you head down the path of filing a Wisconsin personal injury lawsuit, we want to share five pieces of advice.
Must-Ask Questions
5. What are the pros and cons of filing this lawsuit? There must be some advantage to filing a lawsuit, otherwise you wouldn't be considering it, but don't let the advantages that you envision prevent you from considering the disadvantages as well. Lawsuits can be emotionally taxing, time-consuming, and frustrating, for you and your family. Before filing, look into alternative solutions to litigation like mediation or claim settlement. Filing a lawsuit should be a last resort, not a first choice.
4. How is the defendant likely to respond? Take into account how the other party will respond to being on the receiving end of a lawsuit. They're very unlikely to be happy about it, and some may decide to countersue you. The point is, litigation is complicated and seeing a lawsuit through to the end is a complex process. It's very easy to see yourself as correct, but there's no telling how the defendant will respond during the course of a Wisconsin personal injury lawsuit and you need to be prepared for that.
3. Am I prepared for this lawsuit? Before filing, make sure you are prepared. Acknowledge that this process could take months or even years to come to a resolution. That will place a huge burden on you, your family, and perhaps even your work and social lives, impacting even friends and colleagues. There will be an emotional toll and a financial toll during the lawsuit. Even if you hope to see a financial award at the end of the process, there is no guarantee of that and certainly no financial award in the meantime. Discuss the situation and the realities with your family and decide whether or not it is something you are all prepared to face.
2. Am I Likely to Win? Many people go into a lawsuit thinking the negligence is obvious and they are certain to win the lawsuit without any trouble. We're sorry to say that is very often NOT the case. You need to look at the facts of your case objectively and determine if you have enough evidence to support your claims. Frivolous lawsuits won't get very far, but well laid out lawsuits that have plenty of supporting evidence to prove your claim can be used to build a strong case. Remember, the plaintiff (the one who files the lawsuit) has the burden of proof in a Wisconsin personal injury lawsuit. That means that it is up to you to provide cold, hard facts that provide the case.
1. Do I need to hire an attorney? The short answer is yes. Anytime you are considering a personal injury lawsuit, you should hire an attorney. Personal injury lawyers have a deep and thorough understanding of the law and have the experience needed to see your case through. Any attorney you hire will have your best interests in mind and will work to resolve the case for the best possible outcome. That outcome may not be what you originally envisioned but it will be realistic and the best outcome possible based on the facts of the case.
Consult Eisenberg Law Offices In Madison About Your Wisconsin Personal Injury Lawsuit
The best way to decide if it is appropriate to file a personal injury lawsuit is to arrange a free consultation with one of the personal injury attorneys at Eisenberg Law Offices in Madison. During this no obligation consultation, we will examine the facts of your case, suggest evidence that is lacking and could be useful, and give you our advice on whether or not you are likely to win your case as well as how long it may take.
Learn more about filing a personal injury lawsuit in Wisconsin by contacting us at 608-256-8356 or Info@eisenberglaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/5-questions-to-ask-about-a-wisconsin-personal-injury-lawsuit/

Madison Car Accident Attorneys | Right-of-Way Laws

Madison Car Accident Attorneys Explain Wisconsin Right-of-Way Laws

Right-of-way laws are created to help prevent accidents. They are one of the most basic components of any Driver's Ed class and a must-know in order to pass the licensing exam. By delineating when to proceed versus when to yield, right-of-way (ROW) laws protect drivers and ensure orderly progression of traffic.

Despite how crucial right-of-way laws are to traffic safety, our Madison car accident attorneys see many cases each year that resulted from a failure of drivers to follow those laws. Failing to follow these rules of the road can result in injuries or death, property damage, and a lawsuit. Lawsuits can be filed against drivers who were at-fault for the accident, the compensation of which is often used to help victims recover from the financial impacts of the accident.

If you have been involved in a car accident and think that a violation of a right-of-way law may have contributed to the incident, contact the car accident attorneys at Eisenberg Law Offices for a free consultation. In the meantime, use the quick recap below to become more familiar with right-of-way laws.

Common Wisconsin Right-Of-Way Laws

·         Intersections. Intersection right-of-way laws vary based on the type of intersection.

o    General Rule. The general rule applies to all traditional 4-way stops where there is no traffic signal. In these situations, all drivers must come to a complete stop. The first driver to arrive at the intersection has the right of way.

§  When two vehicles approach such intersections at the same time, the vehicle on the left yields to the one on the right. If a vehicle is speeding as it approaches the intersection, it forfeits the right of way.

o    Left Turns and U-Turns at Intersections. Vehicles making a left or a U-turn at an intersection must yield the right-of-way to vehicles approaching from the opposite direction.

o    Through Highway Intersections. When entering a through highway, drivers must come to a complete stop before entering the highway. They must also yield the right-of-way to other vehicles that have entered or are approaching the intersection on the highway.

o    Uncontrolled T Intersections. Drivers approaching an intersection on a highway that ends at the intersection must yield the right-of-way to any vehicles on the continuing highway.

·         Entering a Highway or Other Roadway. When entering a highway/roadway, the driver coming to the highway/roadway must yield to traffic already on the roadway and only proceed when it is safe.

·         Parked Vehicles. Vehicles that are parked and are moving on to a roadway must yield to traffic already on and approaching the roadway.

·         Left Turns. When turning left onto a roadway and there is no traffic signal, drivers must yield to vehicles approaching from the opposite direction.

·         Roundabouts. Obey all traffic signs and/or yield to all lanes of traffic approaching from your left before entering the roundabout. When vehicles that are 40 feet in length or 10 feet in width are entering the roundabout, drivers must yield to the larger vehicle.

·         Pedestrian Crossings. When approaching intersections with traffic signals, yield to pedestrians in the crosswalk. If there is no traffic signal or sign, drivers must still yield to pedestrians in marked or unmarked crosswalks. Pedestrians who are not in marked or unmarked crosswalks must yield to vehicles. If pedestrians are carrying a cane or walking stick that is white or white trimmed with red and is held in an extended or raised position, they must provide at least 10 feet of clearance between the pedestrian and the vehicle.

·         Emergency Vehicles. All drivers must yield to emergency vehicles that are using an air horn, siren or flashing lights. This includes:

o    Police vehicles

o    Fire trucks

o    Ambulances

If such a vehicle approaches, drivers must pull over to the right curb or right-hand side of the shoulder of the road clear of any intersection and must remain stopped until the vehicle has passed or you are directed to move by a traffic officer.

Madison Car Accident Attorneys Are Here To Help

Eisenberg Law Offices' Madison car accident attorneys are here to help you recover after a car accident. If you think your accident was caused by disregard for right-of-way laws, contact our team right away. We will review the facts of the case in a free, no obligation consultation to help you determine if you have a basis for a lawsuit and potential financial compensation.

Contact Eisenberg Law Offices today at 608-256-8356 or by emailing Info@eisenberglaw.org.

This post was originally published at
https://www.eisenberglaw.org/firm-overview/articles/madison-car-accident-attorneys-right-of-way-laws/