What Can I Do if I Don't Like My Defense Lawyer?

Changing your Criminal Defense attorney may or may not happen

Firing a lawyer from a case seems like a common occurrence, but it’s not as easy as the news makes it sound. In many cases, you can change your defense lawyer if you feel your current one is not working toward your best interest, but it’s not always possible. If you’ve already gotten a defense lawyer and now want to change who is representing you, the effect of the change on the case’s schedule may determine whether the change is possible.
First, if you have a public defender who was appointed to your case, you need the judge’s approval to change. You can’t dump the defender and demand another one. You’ll need to present substantial proof that the current public defender has not been carrying out their duty to defend you against the charges. Even then, it’s still up to the judge.
As for a lawyer you hired yourself, you’re not quite free to do as you please, although you wouldn’t have to get a judge’s OK to dismiss your lawyer. For example, let’s say you wanted to get a new lawyer because the first one you hired was not working out. You would need time to get the new lawyer up to speed on your case, but that could delay proceedings, which you would need to request from the judge. If the prosecutor on the case objected to the delay — maybe one of their key witnesses would no longer be able to testify if the case were delayed — then the judge could deny your request to delay the trial.
However, if you wanted to switch lawyers and have enough time before the start of the trial to get the new lawyer up to date, then you have a good chance of being able to replace your lawyer.
If your current defense lawyer isn’t working out, contact Eisenberg Law Offices at 608-256-8356. You deserve good representation and should start looking now for a new lawyer to avoid potential problems with your case.
This post was originally published at https://www.eisenberglaw.org/what-can-i-do-if-i-dont-like-my-defense-lawyer

Common Questions About Treating and Living With Brain Injuries

Get treatment if you’re suffering from a brain injury

One of the potential effects of an accident caused by someone else’s negligence is brain trauma. Brain injuries don’t get a lot of publicity compared to back and neck injuries in personal injury lawsuits, but they are a real risk and can have devastating effects on how you live your life. Note that brain injuries can range from mild to severe, and they have different effects themselves. However, some questions are common to all types of brain injuries.

What Are the Symptoms of a Serious Brain Injury?

Serious symptoms that you can’t ignore include confusion, physical weakness, severe headaches, dizziness, seizures, vomiting, numbness, and slurred speech; you may also experience rather frightening symptoms such as clear fluid that seems to be leaking from your nose or your ears. If you experience any of those symptoms — for example, if you don’t normally get headaches but suddenly develop migraines — you need to get medical attention, and then consider a legal consultation.

When Is Emergency Treatment Necessary?

Any symptom that prevents you from carrying on with your daily life needs emergency treatment. If you lose consciousness, for example, or if you begin having headaches that are so painful that you can’t function, you need to go to the emergency room. You don’t want to wait a few weeks for your doctor to have an open appointment time because symptoms like these, occurring after an accident, signal something serious.

How Should Brain Injuries Be Treated?

Treatment and coping skills really depend on the type of brain injury, the extent, and how soon treatment begins after the injury occurred. You may be able to reverse some of the damage through different types of therapy, or develop better coping skills for those injuries that won’t heal.
Regardless of the type of brain injury, just having one can have a profoundly adverse effect on your life. If you’ve been in an accident and have developed a brain injury, contact Eisenberg Law Offices at 608-256-8356. You need to speak to a lawyer as soon as you can.
This post was originally published at https://www.eisenberglaw.org/common-questions-about-treating-and-living-with-brain-injuries

When Sleeping in Your Car Becomes an OWI

Avoid an OWI if you plan to sleep it off in your car

Going out to drink can create problems for you if you try to drive home. Your best case is to have a designated driver or call a taxi or ride service. Sometimes, you might decide to just sleep it off in your car. This will not always protect you from an OWI charge. If you do try to sleep it off, you will need to take extra steps to protect yourself.

What Is Operating a Vehicle?

OWI means “operating while intoxicated.” In Wisconsin, that does not just mean driving. Activating anything in the vehicle, even leaving the keys in the ignition, is all that is required to get you in trouble when your blood alcohol content is above the legal limit. If you keep the car running for warmth while you sleep, for example, you can be arrested for an OWI. Even if you leave the keys in the ignition, a police officer who finds you there may arrest you.

How to Protect Yourself

Again, your best bet is to get a ride from someone who has not been drinking. If you do try to sleep it off, you can take steps to prevent an OWI charge. First, make sure your car is not in the road or even on the shoulder. Don’t sleep in the driver’s seat. Sleeping in the back seat can also prevent a charge that you are operating your vehicle. Make sure the engine is not running. Don’t have the battery power on; keep the keys out of the ignition. Don’t drive somewhere drunk and then try to sleep it off. All of this demonstrates that you are not operating or planning to operate the vehicle.

What if You Still Get in Trouble?

Of course, none of these strategies is guaranteed to work. Sometimes, despite your precautions, a police officer may believe you are operating or planning to operate the vehicle while intoxicated. If you are arrested when trying to sleep off your drinking, you will need legal help. Contact Eisenberg Law Offices online or at 608-256-8356 to get the experienced defense you need.
This post was originally published at https://www.eisenberglaw.org/when-sleeping-in-your-car-becomes-an-owi

Avoiding Jail Time on Criminal Charges

An experienced criminal defense attorney can help reduce or eliminate your jail sentence

After you are charged with a crime, one of your first questions is whether you will have to serve time in jail. Ideally, the lawyer will help clear you of charges against you. When that isn’t possible, you still may have ways to avoid jail time. Experienced criminal defense counsel can give you the best chance to avoid time behind bars.

Defending the Charges

If you are innocent, your first consideration should be defending against the criminal charges brought against you. A strong defense that demonstrates problems with the evidence against you can help protect your criminal record and keep you out of jail. Be prepared to talk honestly with your lawyer about everything that led up to your arrest. This is the best way for him or her to help you.

How Plea Bargaining Works

When the state charges you, it often has many options. You may be charged with a felony or a misdemeanor, with different degrees available to the prosecutor. If you have committed a crime, or if you will have trouble showing your innocence, the prosecutor may be willing to let you plead guilty to a lesser crime. This saves court time and resources, and can give you a chance to lessen your jail time, or even avoid it altogether.

Mitigation in Your Case

Finally, if you are found guilty, whether at trial or through a guilty plea, your lawyer can still help you reduce your jail time. The crime usually represents one part of one day in your life. Your attorney will look to introduce evidence of your character and the good things you have done. This can include information about your employment, your family, or your community activities. By providing this information, you can help the court find reason to issue a shorter sentence, or even choose to not give you jail time.
All of this requires excellent legal representation. If you have been charged and want to learn more about your rights, contact Eisenberg Law Offices, at 608-256-8356 or online at www.eisenberglaw.org. We will help you protect your legal rights.
This post was originally published at https://www.eisenberglaw.org/avoiding-jail-time-on-criminal-charges

4 Ways to Hurt Your Personal Injury Claim

Mistakes to avoid with your Personal Injury Claim

If someone else causes your personal injury, you are entitled to the damages that person’s actions or neglect cause. The process is not automatic. Making mistakes along the way can undermine your claim. After your injury, be careful to avoid these common errors that keep you from getting the compensation you deserve.
1. Wait Too Long to Report
After a car accident, your police report is a critical piece of evidence. Call the police immediately if you are in a car accident. Usually, an officer will arrive on the scene and you give a report right there. Even in the case of a slip and fall, you should contact the proper authorities and give a detailed report of what happened. Reporting right away helps establish a timeline of events, and gives you the chance to explain what happened when the memory is freshest in your mind.
2. Skip (or Ignore) the Doctor
A record of what happened gives part of the story. You must also develop a record of injuries you have suffered. See a doctor as soon as possible to identify and treat any injuries you have suffered. Once you have done so, follow your doctor’s advice. Failure to do so can substantially lessen the value of your claim. Working with your doctor puts you on a path to recovery–both physically and financially.
3. Talk Too Soon to the Insurer
Insurance companies usually reach out to you quickly after an accident. Never talk to the other driver’s insurance company. Get the claim number and name of the adjustor, and call a lawyer. Insurers have an incentive to settle claims quickly and cheaply. Talking to them before you understand the extent of your injuries and damages can give them ammunition to deny part of your damages.
4. Go It Alone
Don’t wait to call a lawyer after an injury. The right lawyer will help you understand your injuries and your damages and tell you how to proceed. If you have been injured and want to protect your rights, contact Eisenberg Law Offices online or at 608-256-8356.
This post was originally published at https://www.eisenberglaw.org/4-ways-to-hurt-your-personal-injury-claim

How to Use Witness Statements for Your Car Accident Claim

After a car accident, get witness statements to support your personal injury claim

When someone else causes your car accident, that person will not always accept fault. That person may worry about their insurance payments, or may not even realize he or she is at fault. In this situation, you need support for your claim.  Witness statements can help you show what happened, and encourage a better settlement or a stronger result if you go to trial.

Identify Potential Witnesses Early

After your accident, one key to your claim is to identify witnesses early. The longer you wait, the harder it becomes. Not only are your witnesses more difficult to identify after the fact, but memories tend to fade over time. You want to give them a chance to provide their statements to the police, and to commit what they saw to writing as well. Your attorney will help you get the kind of details you need to help later if you need to remind them of what they saw.

Gather Additional Evidence

Human witnesses are important. Still, other information is often available to you. Traffic cameras often capture information that will help support your claim, showing the accident with time stamps to help show the timeline of events. You can also gather weather reports and other information that fills in detail about the conditions that show why the other driver's behavior may have been unsafe when the accident occurred.

Prepare for Settlement or Trial

Ultimately, your witness statements help you do two things. First, it helps demonstrate the strength of your case with the other driver's insurer. By providing evidence from people who don't stand to benefit, you move past the contradictory stories of you and the other driver and help get to the heart of what happened.
To gather the right witness evidence, you need experienced legal help. Contact Eisenberg Law Offices online or at 608-256-8356 to learn more.
This post was originally published at https://www.eisenberglaw.org/how-to-use-witness-statements-for-your-car-accident-claim

Boating Under the Influence | Wisconsin BUI Laws

Boating Under The Influence is a Crime in Wisconsin

Boating is a popular summer pastime in Wisconsin – for residents and visitors alike. In some cases, boaters will bring alcohol or drugs with them on their excursions. Like driving under the influence, boating under the influence (BUI) is illegal in the state and our waterways are regularly patrolled by conservation wardens and police patrol boats looking for drunk or high boaters.

BAC For Boating Under The Influence Same as OWI

In our state, boating under the influence has many of the same restrictions, fines, and penalties as driving under the influence (DUI) and can lead to charges of Operating While Intoxicated (OWI). Just like an OWI, boat operators can be charged if they have a blood alcohol level (BAC) of .08 or higher; anyone operating a commercial motorboat is subject to more severe limits of .04 BAC. The repercussions of BUI include: fines, jail, and boat impoundment. Drug and alcohol testing for BUI is all but automatic as the state assumes that anyone operating a boat or watercraft has given consent to drug and alcohol testing by the authorities.
Fines range from $150-$300 for first-time offenders and may go up to $1,000 for second offenses. Second offenses carry a higher likelihood of jail time. Third time offenders face even steeper fines and longer jail sentences.
One way that a BUI differs from a DUI is that having a BUI on your record does not affect your boating privileges. However, you may have to participate in court-ordered drug or alcohol assessments or boating safety courses, even if you already have a certificate of completion of such a course.

Operation Dry Water

2008 saw some of the highest BUI-related deaths ever in the state. This has led to increased patrolling and enforcement and the creation of “Operation Dry Water”. Operation Dry Water was launched in 2009 for the purpose of educating boaters about the dangers of BUI while also significantly increasing enforcement efforts. The program seems to have worked as BUI statistics have dropped significantly since 2009.

Wisconsin OWI Attorneys Can Defend You In BUI Situations

OWIs that result from boating under the influence can be handled by OWI and DUI attorneys, like those at Eisenberg Law Offices in Madison. Our experienced team has been defending against OWI charges for over 30 years and know how to build the best defense possible for your situation. All of the facts will be explained to you and you’ll always know what options are available to you as your case proceeds.
If you have been charged with a BUI in Wisconsin, call Eisenberg Law Offices at 608-256-8356 or contact us by email at Info@eisenberglaw.org to arrange a free consultation with an OWI attorney.
This post was originally published at https://www.eisenberglaw.org/boating-under-the-influence-wisconsin-bui-laws

Financial Compensation And WI Motorcycle Accidents

Recovering Financial Compensation After a Wisconsin Motorcycle Accident

Warmer weather always leads to an increase in the number of motorcycles on Wisconsin roadways. Unfortunately, this also increases the chances of a motorcycle accident occurring. Riders who are involved in a motorcycle accident almost always end up with an injury simply because motorcycles offer less protection than automobiles. Those injuries can be extensive and costly; filing a personal injury lawsuit can help victims recover compensatory damages to help pay for their recovery.
It is not always easy to determine fault in road accidents. Wisconsin operates under a contributory negligence system of laws, which means that both parties' actions and inactions will be examined to determine who was at fault for the accident and how much they were at fault. This information will be used to determine liability and compensation in the lawsuit.

Negligence And Fault In A Motorcycle Accident

Motorcyclists are subject to the same laws as automobile drivers in Wisconsin. This means that all drivers are owed and must demonstrate the same duty of care or responsibility while operating a motorcycle or vehicle. In a personal injury case, the court will need to determine the negligence of the drivers. If it can be proven that negligence of another contributed to the accident, the injured party can pursue a claim.
The injured party, or plaintiff, may seek financial compensation for economic damages such as damage to their vehicle or motorcycle, lost wages, or payment of medical bills, as well as non-economic damages which can include pain and suffering or the loss of their ability to work if the injuries prevent the victim from returning to their job.
While most people assume the at-fault or negligent party is the other driver, this is not always the case. The vehicle manufacturer, part supplier, or even the vehicle mechanic may all bear some responsibility for the accident, depending on the circumstances. If the accident involved a business or commercial vehicle, the business owner has responsibility for the accident.
Wisconsin personal injury cases operate under tort law rules, which include the legal element of comparative negligence. This means that the onus is on the injured party to prove the other party was negligent in some way and that such negligence contributed to the accident. In some situations, the injured party may also share some fault for the accident. In this case, the court will determine how much responsibility each side bears for the accident and will adjust the monetary damages that are awarded to the victim accordingly. For example, if the injured party was determined to be 30% responsible for the accident, their compensation award would be reduced by 30%.
In addition, the injured party cannot bear more fault than the other party in order to recover compensation. If the injured party is more than 50% at fault, they are ineligible for compensation from the other party.
These nuances and quirks in the law are a good example of why it is always best to consult an injury attorney if you are involved in a motorcycle accident. The personal injury attorneys at Eisenberg Law Offices in Madison, WI are here to help. We work with motorcyclists and their passengers to pursue claims that can help victims get back on their feet after an accident. Call our team at 608-256-8356 or send us an email at Info@eisenberglaw.org to arrange a free personal injury consultation.
This post was originally published at https://www.eisenberglaw.org/financial-compensation-and-wi-motorcycle-accidents

Wisconsin Drug Possession Charges | Drug Possession Defense

5 Ways To Defend Against Drug Possession Charges

An arrest for drug possession does not necessarily mean a conviction or even guilt. The evidence against you and the defense you mount play a key role in fighting drug possession charges. Your defense starts with retaining the services of an experienced drug defense attorney at Eisenberg Law Offices. Our criminal defense team will examine your case and the evidence against you to determine which defense approaches have the best possible outcome in your situation.

5 Possible Defense Strategies

There are several ways to defend against drug possession charges. Some strategies focus on the evidence or facts of the case, others focus on the procedures used to collect that evidence. The following are five successful defense strategies that are often used in drug possession cases.

1. Illegal Search and Seizure. The 4^th Amendment to the Constitution protects citizens from unlawful searches and seizures. In practice, this means that law enforcement must obtain your permission or have a search warrant in order to search your home. They must also have probable cause for conducting the search of your vehicle, unless they have a warrant.

If a search is conducted which violates your 4^th Amendment rights, any evidence collected in that search becomes inadmissible and cannot be used against you.

2. The Drugs Don't Belong to You. Sometimes when people get charged with possession, they had no idea drugs were anywhere near them. If you borrowed a friend's car, for example, and get pulled over and the search turns up drugs in the car, but you didn't know they were there, you have a defense. The "lack of possession" defense is similar. Lack of possession can happen when there are several people in the car or house where drugs are found but no way to determine with certainty to whom the drugs belong.
3. Crime Lab Analysis. There are substances that may look like drugs at first glance, but upon analysis in the crime lab, it is discovered that they are not drugs. If this is the case in your situation, the charges are likely to be dropped and the case dismissed.
4. The Drugs are Missing. Believe it or not, evidence gets lost. Evidence is handled and transported many times in a case. From the scene to the police car and then into the department and evidence storage, then the evidence may go to the crime lab for analysis, then back to storage, and finally to the courtroom. There is plenty of opportunity for evidence to be misplaced or mislabeled and lost. Without evidence, the prosecution does not have a case and the drug possession charges may be dropped.
5. Abuse of Power. Abuse of power by law enforcement can and does occur in drug cases. One example of this is unlawful search and seizure; another is the planting of evidence. Entrapment, where an officer or a third party prompts you to commit a crime that you would not have otherwise committed, is a third example of abuse of power. Proving that abuse of power occurred can have a dramatic impact on your case and can result in the case being dismissed.

Explore Your Drug Possession Defense Options With Eisenberg Law

If you are facing drug possession charges in Wisconsin, don't do it alone. Schedule a free consultation with a drug defense attorney at Eisenberg Law Offices. We represent clients throughout the State of Wisconsin to help them obtain the best possible outcome for their situation.
Call 608-256-8356 or email Info@eisenberglaw.org to schedule your free consultation.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/wisconsin-drug-possession-charges-drug-possession-defense/.

Whiplash Injury and Compensation | Car Accident Lawsuits

Obtain Compensation For A Whiplash Injury In Wisconsin

Whiplash is a specific type of neck injury that happens when the neck is forcefully moved in a jerky back and forth motion. It is also called cervicalgia or neck sprain/strain.  It most commonly occurs as a result of a rear-end car accident, but can also result from a sports injury, rollercoaster ride, a blow to the head or even a slip and fall accident. Recovering from a whiplash injury takes time and can be slow. It may affect your ability to work and have a detrimental effect on your expenses and quality of life. These are just a few reasons why those who have suffered a whiplash injury will file a lawsuit to try and obtain compensation for the injury.

Suing For Whiplash Injuries In Wisconsin

The State of Wisconsin allows accident victims to sue for a whiplash injury under personal injury laws. Lawsuits typically seek to obtain compensation to help the victim pay for the costs associated with the injury such as medical costs, lost work, and pain and suffering.
In most situations, the auto insurance company of the driver who was responsible for the accident will end up paying the whiplash settlement. However, this is not always the case. Depending on the circumstances, other parties can be held liable for the accident and may be required to pay compensation.

Even Minor Whiplash Should Be Treated

Whiplash is a tricky injury. Perhaps the accident seemed like no more than a fender bender. You might be inclined to shrug off your sore neck, thinking it will heal with time. If it’s whiplash, that may not happen. Whiplash injuries are notorious for becoming worse as time goes on. It can take weeks, months, and even years for victims to understand the full impact of their neck injuries. Ongoing pain, restricted movement, and even seemingly unrelated conditions like headaches, and neck, jaw, or shoulder pain have all been traced back to whiplash in some instances.
Our attorneys always recommend that anyone involved in a car accident be seen by a doctor afterward just to check for hidden injuries or injuries that could become worse over time. Not only can this help prevent an injury from getting worse, the examination can also be used to help prove your case, if you do decide to file a lawsuit.

The Car Accident Attorneys At Eisenberg Law Offices Can Help Prove Your Whiplash Claim

Just because you have a sore neck after an accident does not mean its whiplash and it does not mean you will be able to receive compensation from a whiplash lawsuit. The best way to determine if you have a whiplash case is to consult a personal injury attorney who is familiar with car accidents and auto insurance practices. An attorney can help you determine who should be held responsible for your injury and how much compensation to claim.
Eisenberg Law Offices offers free consultations to help car accident victims find out if they have a case and what a fair settlement amount would be. If you have been injured in an accident and want to learn more about your options, contact our team in Madison at 608-256-8356 or email us at Info@eisenberglaw.org to arrange your free consultation.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/whiplash-injury-and-compensation-car-accident-lawsuits/