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/.

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/.

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.

This post was first published at https://www.eisenberglaw.org/ignition-interlock-device-after-owi-in-wisconsin/.

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.

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/.

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/.

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/.

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/.

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/.

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.

2. 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

3. 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

4. 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.

5. 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

6. 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?

7. 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/.