In Wisconsin, Juvenile Offenders May Be Tried as Adults -- Even if They're Younger Teens

When can a juvenile be tried as an adult in Wisconsin?

Wisconsin has clear-cut rules about treating juvenile offenders as adults, which means that age is not enough in the state to protect a younger person from facing adult penalties. The state distinguishes between situations in which rehabilitation may be possible and may be a better alternative, and it also allows jurisdictions to make exceptions to what the law might otherwise require.

"Adult" Begins at 17

If the offender was 17 or older when the crime was committed, they will be tried as an adult. That's one of the hard-and-fast rules in Wisconsin, with no exceptions to reduce the penalties to those that a juvenile might face.

Between 15 and 16

Those who were 15 or 16 when the crime was committed could be tried as adults, but the court has the option of treating the case as a serious juvenile offense. Even if the juvenile commits acts that could be considered felonies that should receive adult penalties, the court has the discretion to turn the juvenile over to a serious juvenile offender program, where the juvenile will be monitored either for five years, if the felony is Class B or C, or until the age of 25, if the felony is Class A.

At 14 Years Old

Any juvenile offender who was at least 14 when the crime was committed can be tried as an adult instead of as a juvenile, as long as the juvenile court allows it. The district attorney would need to ask the juvenile court to approve the change.

Younger Than 14

Two more situations can land a juvenile in adult court. One is if someone over the age of 10 is accused of specific murder/homicide charges. The other is if the accused is in juvenile custody but assaults someone (or is accused of assault).
If your family member is a juvenile who has been accused of a crime that could force them to be tried as an adult, contact Eisenberg Law Offices at 608-256-8356. An attorney can evaluate the case and see if there's a way to keep the accused in juvenile court.
This post was originally published at https://www.eisenberglaw.org/in-wisconsin-juvenile-offenders-may-be-tried-as-adults-even-if-theyre-younger-teens/

How to Maintain Your Car for Optimal Safety

Prevent car accidents with these helpful maintenance tips

Good driving habits play a large role in preventing accidents, but the shape your car is in is just as important. Mechanical failures can make your car difficult or impossible to operate and stop. Knowing how to maintain your car is key to avoiding problems on the road.

Have Brakes and Tires Inspected Regularly

Old brakes may not have the best stopping power, especially if the pads are on their last legs. Tires that are in bad shape can blow out and both make the car harder to stop, and possibly cause you to lose control of the car.
Poor tire alignment can cause excessive wear, leading to potential tire blowouts. Unbalanced tires lead to a shaky steering wheel at freeway speeds, and if you're concentrating on controlling the steering wheel, you might not have the best reaction time to avoid accidents.

Belts, Fluids, and General Maintenance

It helps to have your mechanic look over your car whenever you bring it in for an oil change, and to get the recommended maintenance done according to your car's owner manual. If you do maintenance yourself, you may still want to bring the car into a shop once a year or so for a general inspection.
If you car runs low on a vital fluid like oil, or if something like a belt fails, your car could become impossible to drive. That's not good if you're on the freeway with traffic heading toward you. Have all fluids checked, from oil and windshield washing fluid to coolant.

Lights -- All of Them

No headlights, or driving with only one headlight working, lowers your visibility, and you could end up hitting something because you didn't see it in time to brake. Malfunctioning reverse lights mean you can't signal to others that you intend to back up -- and that can lead to more than a few collisions.
If you've been in an accident and think the other party's car maintenance might have been an issue, contact Eisenberg Law Offices at 608-256-8356. A lawyer can look into potential negligence issues or defects in repairs and parts and help you put together a case.
This post was originally published at https://www.eisenberglaw.org/how-to-maintain-your-car-for-optimal-safety/

The Difference Between "Guilty" and "No Contest"

Pleading "Guilty" vs "No Contest" in Wisconsin - Know the Difference

When you face criminal charges and make your plea to the court, you have essentially three options: guilty, not guilty, or no contest. While a "not guilty" plea gives you a day in court, both of the other two amount to accepting the charges against you. Still, there are some differences that can make a difference for you. An experienced lawyer can help you decide which plea is right for you.

Pleading Guilty

If you plead guilty, you are telling the court that you committed the crime of which you are accused. This may make sense for you if the evidence against you is so overwhelming that you have no reasonable way to claim innocence. Often it comes in conjunction with a plea deal; you agree to plead guilty and save the court time and resources, in exchange for a reduced charge or a lighter sentence against you. Further, if you are later involved in a civil suit based on the same activity, that guilty plea can be used against you.

Pleading No Contest

In some ways, pleading no contest brings the same result. Instead of confessing your guilt for a crime, it means you are choosing to accept rather than fight the charges. From a sentencing perspective, it bears little distinction from a guilty plea. You skip a trial, accept the consequences of your actions, and receive a sentence: jail time or probation, fines, or both. The difference is that you neither admit nor are convicted of committing the crime of which you are accused. A no contest plea cannot legally be used as an admission of guilt, and in a later civil trial, it can be excluded as evidence.
Depending on your situation, it may be wiser to plead not guilty, no contest, or sometimes even guilty. At Eisenberg Law Offices, we take the time to understand your case and then help you make the best choice for you. Contact us online or at 608-256-8356 to learn more.
This post was originally published at https://www.eisenberglaw.org/the-difference-between-guilty-and-no-contest/

Your Rights When the Police Want to Look Around

Should you let the police search your property without a warrant?

If a police officer asks to have a look around your property, it can feel uncomfortable to refuse. The police carry a great deal of authority, and telling them no can be scary. Still, you have rights that are worth protecting. Not only do you not have to give consent, but doing so can waive some of your rights later.

Constitutional Right to Privacy

The Fourth Amendment to the United States Constitution, as well as a clause in the Wisconsin Constitution, protects against unreasonable searches and seizures of your property. This usually means that you have a right not to have your property searched without a warrant or probable cause.
While police officers have authority in many ways, they do not have a right to circumvent your constitutional rights. A police officer who asks to have a look at your property is attempting to circumvent those protections. You do not have to consent to him or her doing so.

Waiving Your Rights

Besides having a warrant, a police officer can be allowed to search your property if you grant permission for him or her to do so. You might think you have nothing to hide or no right to keep the police from searching your property, but letting them search without a warrant has the effect of waiving your right to protection against unreasonable search and seizure. Anything they find may then be admissible in court against you.

What if They Look Anyway?

Sometimes if you do not give permission, the police will try to search your property anyway. While you should not consent for them to do so, you also should not try to stop them. Fighting with a police officer will not go well for you; it can get you in separate legal trouble, and can become probable cause for them to look that they may not have had before.
If the police search your property without your consent or a warrant, you may be able to exclude any evidence they obtain. To help protect your rights, contact Eisenberg Law Offices, online or at 608-256-8356.
This post was first published at https://www.eisenberglaw.org/your-rights-when-the-police-want-to-look-around/

Legal Liability for Car Accidents in Rental Cars

Are you covered for an accident in a rental car?

When you rent a car, you are in an unfamiliar vehicle, often driving in an area you don't know. Unfortunately, this can be a recipe for accidents. If someone else causes the accident, you can sue that person for damages. When you cause it, though, you will often depend on liability insurance to help pay the costs. Depending on your circumstances and your coverage, this can present its own problems.

Rental Company Insurance

Rental car companies want you to sign up for their insurance coverage, because it helps protect their investment in the car you are driving. In some ways, it can seem like a great deal; it removes the worry of having to pay for damage to the car you rent. Still, these policies are not just passports to a worry-free experience. They carry details and exclusions that may keep you from being fully protected. If you cause damage that the policy does not cover, or more damage than the limits provide, you can be liable to the rental company or another driver for the difference.

Rental Coverage from Your Insurer

Your own car insurance plan often includes liability coverage for rental vehicles. Here too, you need to look at the fine print. Understand what the policy covers and what it does not. If your liability limits are lower for rental cars than in your own vehicle, you may want to supplement with the rental company's policy.

Loss of Use

One category of damages that can create problems is loss of use coverage. Every day that the rental company can't use a car, it loses potential rental fees on it. Beyond the damages that you can owe for the vehicle itself and injuries and property damage for another driver, this can create a significant, expensive liability for you--even if you did not cause the accident. Your personal policy may or may not include it, though the rental company's policy usually will.
If you have been in a rental car accident, contact Eisenberg Law Offices online or at 608-256-8356.
This post was originally published at https://www.eisenberglaw.org/legal-liability-for-car-accidents-in-rental-cars/

Parent Liability for Their Kids' Car Accidents

In Wisconsin, parents are usually liable for their teen's car accidents

As a parent, some of the greatest anxiety you face comes when your teen child is ready to drive. It isn't just worrying about where they go, but how safe they will be. They are still learning and will be some of the least experienced drivers on the road. And in Wisconsin, if your teen causes an accident, you might be held liable for damages. You will want to work with an experienced attorney to help.

Liability for Letting Teens Drive

Sometimes simply letting your teen borrow your car can get you into trouble. In Wisconsin, if you know your teen does not have his or her license, or has a history of reckless driving, you can be sued for negligent entrustment. This includes two main components: you knew or should have known that your teen should not be driving, but you let him or her do so anyway. If your teen then causes an accident, you may be liable for damages.

Shared Liability for Your Teen

When you have an underage driver, you share liability with him or her. You agree to this when you sign a Wisconsin driver's license application for your child. If that child is under 18, you are jointly liable for any damage he or she causes, up to the greater of $300,000 or your policy limits. If your child causes an accident, and neither the child nor your insurance can cover all of the damages, you will be responsible for what is left.

Insurance May Not Help You

Sometimes insurance will not cover all of the damages your teen driver causes, leaving you liable. If he or she is not licensed or covered on your policy, it will not protect you. Similarly, if there are reasons your teen should not be driving, your insurer may deny coverage. Finally, if damage exceeds your policy limits, you can be held responsible for the remainder.
If you need help with your teen's accident, contact Eisenberg Law Offices online or at 608-256-8356.
This post was originally published at https://www.eisenberglaw.org/parent-liability-for-their-kids-car-accidents/

Setting Bail In Wisconsin | Bail Considerations In Wisconsin

How Judges Go About Setting Cash Bail in Wisconsin

Given news reports and criminal dramas on television, many people assume that paying cash bail is an option in every arrest situation. The truth of the matter is that no one is guaranteed to be offered bail in Wisconsin. The judge presiding over the initial court appearance is in charge of both determining if bail should be an option and setting bail in Wisconsin.
During the initial court appearance, the judge reviews the charges against the accused, the details surrounding the arrest, and whether or not the accused has any prior convictions on their record or outstanding warrants. Taking all of this information into account, the judge will go about setting bail. In Wisconsin, as in every other state, citizens are protected from unreasonable bail amounts under the 8^th Amendment to the Constitution.
The 8^th Amendment states:
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

Wisconsin Bail Amounts

After an arrest, you might wonder, "How much is bail going to cost?" There is no easy answer to this question. Since every criminal case is different, Wisconsin does not set a standard bail amount. It's possible that some jurisdictions have a general schedule of bail amounts to help judges make their determination, but a judge always has the final say in setting bail based on the facts and circumstances of the situation.
Ordinarily, judges do not require cash bail, except in cases of extreme violence or homicide.  In general, felony charges will lead to higher cash bail amounts than misdemeanor charges, but this is not always the case. It all depends on the facts of the situation. However, the bail should be reasonable and appropriate to the nature of the offenses committed.
Once cash bail has been set by the judge, you are able to post bail for release right away. Bail allows you to walk free until your next court appearance, but it often comes with conditions which you must be sure not to violate or you risk being sent back to jail. 

Speak With a Criminal Defense Attorney For More Information About Setting Bail in Wisconsin

If you have any questions about cash bail in Wisconsin, are concerned that the bail amount assessed to you is unreasonable based on the charges, or are concerned about the conditions of your bail, contact a criminal defense attorney at Eisenberg Law Offices in Madison for advice.
Our attorneys are skilled professionals who will advocate for your best interests, whether it is bail amounts, the charges against you, case defense, or appeals. We can also help you navigate the paperwork associated with criminal charges and convictions so you can fully understand your legal situation.
Call Eisenberg Law Offices at 608-256-8356 to arrange a free consultation today.
This post was originally published at https://www.eisenberglaw.org/setting-bail-in-wisconsin-bail-considerations-in-wisconsin/

Compensation Awards and Future Medical Expenses

Future Medical Expenses and Compensation Claims

Any time a person is injured in an accident, there is the potential for future medical expenses. Long-standing injuries can arise whether the accident was due to another person's negligence or not, but when it is due to another's negligence, there is a possibility of obtaining financial compensation from the one responsible for the accident. This can be incredibly helpful for victims who face ongoing medical needs.
Although it's common for injured victims to take into account their current medical bills when seeking compensation for their injuries, they often fail to look further ahead. This is where their personal injury attorney will often speak up and suggest that future medical expenses should also be accounted for in the compensation claim.

Types of Future Medical Expenses

Future medical expenses include any future treatments, surgeries, or recovery therapies that may be required as part of the accident victim's treatment plan in the future. For example, if you suffered a back injury in a car accident, you may require future surgeries or physical rehabilitation to get back to a similar level of health as you had prior to the accident. These procedures and treatments can be expensive. A personal injury compensation award can help pay for these expenses. 

Specific future medical costs that are often included in compensation awards include:

• Surgical Expenses
• Hospital Bills
• Prescriptions
• Diagnostic Tests
• Therapy and Rehabilitation
• Medical Equipment
• Home Modifications

Proving Need

Just as you would provide proof to the court of existing medical expenses that were incurred as a result of an accident, you will also have to provide proof of the need for compensation to cover future expenses. Current expenses are proven by providing documentation from doctors and therapists, medical bills, and receipts. Future expenses are harder to prove. They haven't happened yet, so you won't have any expense documentation.
Consultation with a car accident attorney or personal injury lawyer is the best way to ensure you have accounted for future medical costs in your claim. Your attorney will discuss your future medical needs with your doctor and may consult specialists and other healthcare providers to determine what kinds of expenses may occur in the future. They will use this information to build your claim so that you are adequately compensated for your injuries.

Contact Eisenberg Law Offices For Personal Injury Advice

If you have sustained injuries from a car accident or another type of accident that was not your fault and are facing mounting medical bills, contact the personal injury attorneys at Eisenberg Law Offices in Madison, WI. We can help you prove your need for compensation to help pay for past and future medical needs.
Schedule a free consultation right now, by calling Eisenberg Law Offices at 608-256-8356 or by emailing us at Info@eisenberglaw.org to discuss your situation.
This post was originally published at https://www.eisenberglaw.org/compensation-awards-and-future-medical-expenses/

Witness Credibility In Criminal Prosecutions

The Importance of Witness Credibility in Criminal Prosecutions

Nearly every criminal prosecution involves witness testimony. Witnesses of all kinds may be called on to provide testimony in a criminal prosecution. They may have been involved in the crime, witnessed or overheard certain actions or activities, or they may have become involved after the fact such as the police officer who investigated the case or the doctor who treated injuries. Witnesses:

• Can be called by both the prosecution and the defense.
• Provide their evidence at trials and evidentiary hearings.
• Must be disclosed by each side prior to the trial.

One thing that both sides will do is analyze the witness credibility of every witness that is called. Some of the ways this is accomplished are examining the witness's relationship to the case and his or her potential motives for testifying. Analyzing witness credibility is one method that criminal defense attorneys use to help prove or disprove a case. In a case where the defendant's sibling is called a witness, for example, the defense will work with the witness to ensure the testimony is credible and does not seem biased either in favor of the defendant or against the victim. The prosecution, on the other hand, would likely try to raise doubts about the witness' credibility by implying that the witness is biased in favor of the sibling or would lie or embellish facts for their sibling.

Character Evidence and Witness Credibility

If you are a fan of criminal dramas, you have no doubt heard the term "character evidence". Character evidence is used in television, movies, and yes, in real life, to create an image or perception of the person in question – a witness, the defendant, or even the alleged victim. Attorneys from both sides will ask several questions to try and either discredit the person or bolster their image.
The questions used to established character evidence in witnesses for a criminal prosecution are strictly controlled by the law. Attorneys cannot bring up irrelevant behaviors of witnesses.
Criminal histories are a commonly used piece of character evidence, though they are not always fair game for questioning. In general, criminal convictions that occurred less than ten years in the past are more admissible than those that occurred further back. In most cases, the simple fact that the witness was convicted of a crime is all the information that will be provided; the substance of the crime may be inadmissible. This is because the witness is not the one who is on trial. Unless the facts of their conviction are relevant to the case in which they are providing testimony, a judge won't allow excessive questioning about their past conviction.

Defense Attorneys Help Prepare Witnesses for Trial

Adequate witness preparation is extremely important in a criminal prosecution trial and is best achieved with help from an experienced criminal defense attorney. Most people just don't have enough experience with criminal trials, judges, and being questioned by attorneys to feel relaxed and confident during questioning. More often it is a nerve-wracking and terrifying experience. To help put witnesses at ease, the defense attorney will want to speak with and prepare the witness for their role in the trial. They will explain what to expect at trial and what can and cannot be discussed ahead of the trial or in court. If there is a question of witness credibility, the attorney will work with the witness to offer positive character evidence that presents the witness in the best light possible.
The criminal defense attorneys at Eisenberg Law Offices are experienced and dedicated professionals who have successfully defended state and federal cases over the last 35 years. if you have been charged with a crime, it's important to secure professional representation immediately in order to protect your rights. We will build a strong defense using the facts of the case, case law, and witness testimony.
Contact our Madison law offices at 608-256-8356 or by emailing Info@eisenberglaw.org to arrange a free consultation.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/witness-credibility-in-criminal-prosecutions/

Slip And Fall Injuries | Slip And Fall Prevention

Avoid Slip and Fall injuries This Winter

Wisconsin winters are notorious for bringing ice, snow, and dangerous conditions throughout the state. It's not a surprise that slip and fall injuries skyrocket during the winter months, but a few simple precautions can reduce your chances of becoming a victim to a slip and fall accident.

Tips to Prevent Slip and Fall Injuries

Sometimes conditions are so bad that you just can't avoid slipping or falling, but in many other cases, an awareness of your surroundings and proper preparations can prevent falls and their resulting injuries. When walking about this winter, make an effort to:

• Focus on stepping down from a curb or step as opposed to outward.
• Firmly plant your foot and step down as you exit a vehicle.
• Stick to marked walkways, particularly if they have been cleared of snow and ice.
• Slow your pace. Short, slow, flat-footed steps on ice are safer than long strides.
• Pay attention. Avoid talking on the phone while walking or carrying large, heavy, or awkward loads.
• Wear boots or shoes with good traction and grip. Smooth-soled shoes can encourage slips.

Property Owners and Liability

One concern for property owners regarding slip and fall injuries is the potential for liability for the injury. However, just because a slip and fall occurs on your property does not automatically mean you'll be held liable for any injuries. Property owners can only be held liable if the injuries are the result of their own negligence. Visitors who are careless or walking where they shouldn't be will find it difficult to prove property owner negligence.
Whether the incident occurs on public or private property can have an impact on liability because Wisconsin liability laws differ between the two property types.

• Private Property. Private property owners have differing levels of responsibility for injuries that occur on the property, depending on the status of the visitor who was injured. In general, property owners have a greater duty to provide safe conditions to guests and visitors than they do to trespassers. That duty includes managing the property to reduce the risk of harm to anyone who sets foot on the property. Owners have a legal responsibility to look for hazards on the property and take steps to correct or remove them. If the owners know there is a danger on the property it must be fixed, visitors warned about the danger, or access to the area restricted from visitors. Trespassers do not have quite this same level of protection. In general, property owners won't be held liable for trespasser injuries, but they also cannot take any actions that may lead to trespasser harm.
• Public Property. The rules governing public property liability are slightly different. Wisconsin has a Safe Place Law, which requires that public property be kept as safe as possible. The law specifies standards for the construction, maintenance, and even the repair of public property. Any violation of the requirements could open the door to a liability lawsuit for the public property owner.

There are many actions that property owners can take to make their properties safer and help prevent slip and fall injuries in winter. These include:

• Paying attention to changing weather conditions.
• Placing rugs near entrances to catch moisture from shoes.
• Adding treads to steps to provide traction.
• Spreading salt in icy areas.
• Using signs to provide warning of wet or possibly slippery areas.
• Inspecting the property and encouraging employees to report hazardous conditions.
• Blocking off access to shortcuts or uncleared areas, so customers don't try to use them.

Discuss Slip and Fall Injuries and Liability With One of Our Personal Injury Attorneys

Although slip and fall injuries are common this time of year, they may not be due to simply carelessness on your part. It's possible that another party is responsible for the conditions that led to your accident and injuries. If that is the case, you may be able to obtain compensation for your injuries to help pay for medical costs, lost wages, pain and suffering, or other damages.
The only way to know for certain if you have a slip and fall liability case is to arrange a free consultation with a personal injury attorney who is knowledgeable about such cases. Eisenberg Law Offices attorneys can provide the expertise you need, working to determine how and why the injury happened and if anyone can be held liable for it.
To discuss your situation with a Wisconsin personal injury attorney, contact Eisenberg Law Offices at 608-256-8356 or by emailing Info@eisenberglaw.org today.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/slip-and-fall-injuries-slip-and-fall-prevention/