Domestic Abuse Charges and Your Reputation

If you are facing charges of domestic abuse, get the help of a criminal defense attorney to help mitigate or eliminate the damages

Domestic abuse is a terrible crime, and charges alone can have an adverse effect on your life. You could find yourself without a job and find people avoiding you, and if you're convicted and punished, you could even find future job opportunities and apartments limited. People may also begin to treat you as if you could become violent, which is a problem in general but especially if the charges stemmed from an isolated incident like rowdy behavior that got out of hand, especially if you were intoxicated.
This doesn't mean that domestic abuse is more excusable if you were drunk; it's not. But it does mean that you could develop a reputation that is not quite right because people will wonder if you'll be abusive again, and that reputation will follow you if you're convicted because you'll have to list the conviction on applications.
In Wisconsin, domestic abuse applies to incidents between spouses and ex-spouses, household partners, and significant others. It can apply to physical violence, of course, but also to behavior like intimidation. If you became verbally belligerent when drunk, that could lead to charges even if you didn't physically touch the other person.
Because there is such an emphasis now on punishing abusive behavior, you could face consequences outside of the legal system, too. Your employer may not want their company associated with your behavior, and other people may become wary of you. If you are convicted, the consequences are even worse. Not only can jail time be a possibility, but you could also face non-renewal of apartment leases, loss of the right to possess firearms, and an inability to move forward because that conviction can hold you back in so many aspects of daily life.
If you've been accused of domestic abuse after a night when behavior just got out of hand, call Eisenberg Law Offices at 608-256-8356. You need legal assistance to help prevent the effects of those charges from taking over your life.

This post was originally published at https://www.eisenberglaw.org/domestic-abuse-charges-and-your-reputation/.

Wisconsin's Definition of Domestic Violence

What is Domestic Violence in the state of Wisconsin?

The term "domestic violence" brings to mind physical attacks on a spouse, but in Wisconsin, the definition applies to a wider range of behavior and relationships. It's vital that people be able to recognize what counts as domestic violence in Wisconsin because this behavior needs to be reported and stopped, rather than ignored as a "family matter."

Domestic Versus Non-Domestic

First, domestic violence refers to that which happens between spouses or significant others, ex-spouses, or adult members of the same household. It can also occur between adults who have children together, regardless of residential status. This does not mean that abuse can't occur between other people, but rather that Wisconsin merely applies the term "domestic violence" to these particular situations.
Domestic violence doesn't have to actually occur at home as the term refers more to the relationship between the parties involved and not the location in which the behavior occurred. Spousal abuse that happens in a parking lot, for example, can still be considered domestic violence.

More Than Just Physical Violence

In Wisconsin, domestic violence does include the non-sexual physical abuse and sexual assault that most people associate with the term. But it can also cover threats of harm, too, even if those threats don't turn into physical attacks. The State Bar of Wisconsin and the National Coalition of Domestic Violence include emotional abuse in their definitions of the crime.
Accusations of domestic violence should be investigated, but as with all charges, sometimes the accusations aren't correct. It is also possible for an abuser to use domestic violence charges as a tool of abuse, falsely claiming that the person they have been abusing is really the person responsible for the abuse.
Charges of domestic violence can be difficult to fight, and if you're facing a legal battle, you must have good representation. Contact Eisenberg Law Offices at 608-256-8356 to discuss your case.

This post was first published at https://www.eisenberglaw.org/wisconsins-definition-of-domestic-violence/.

Staying Safe as a Pedestrian

Knowing these simple tips could keep you safe as a pedestrian

A simple walk around the neighborhood or to the store is a nice way to get some sunshine and exercise. However, it also holds the potential for accidents. Whether the trouble is from cars hitting people or tripping on a sidewalk, that simple stroll can lead to a lot of problems if you and others aren't careful. Pedestrian accidents are very common, and when you go outside, you need to follow guidelines designed to reduce your chances of being hurt.

Pay Attention to your surroundings

Situational awareness helps you spot issues before they become full-fledged accidents. When you walk, don't let your mind drift; while walking is a perfect companion activity to thinking, you still need to look at where you're going, spot uneven pavement, and look for cars, bikes, and scooters. If you can, avoid wearing headphones; music may help with exercise in general, but when you walk outdoors near any type of traffic, you can easily miss cues from an oncoming bike or car.
When you cross a street or alleyway, follow the old left-right-left advice and look three times before you cross. The first left look shows you what's coming up in the lane next to you, the right look shows you where oncoming traffic may be, and the second left look lets you see if a car has appeared as you were looking right.

Don't Forget Indoor Walking Safety, Either

Walking indoors -- not just on a track but anywhere in your house or a store -- can be just as tricky, believe it or not. You can trip or bump into furniture; in a store or even in your own kitchen, you can slip on water that spilled on the floor and that wasn't properly cleaned up.
While many walking-related accidents may be minor, some can be quite serious. If you've suffered an injury due to another person's negligence, such as an inattentive driver not stopping in time as you cross the street, contact Eisenberg Law Offices at 608-256-8356. Get the compensation you deserve.

This post was first published at https://www.eisenberglaw.org/staying-safe-as-a-pedestrian/.

Do You Need an Attorney after Your Child's Juvenile Arrest?

A Juvenile arrest in Wisconsin is serious business; get the help you need

If your child has been arrested, you undoubtedly have questions. The juvenile justice system in Wisconsin is complicated, and the impact on your child is real. Whether he or she is tried as an adult or a juvenile, you do not want to go it alone. Finding the right attorney is critical to your child's present and future.

How a Juvenile Arrest Affects Your Child

First, even though juvenile records are sealed, your child still faces significant consequences when he or she is arrested and charged with a crime. These include lost school time, ostracizing by friends, and of course the potential loss of their freedom and future employment opportunities.
Further, a juvenile arrest is seldom the end of the story. Among those arrested as youths, the Wisconsin Office of Children's Mental Health has found that 63% of those arrested before the age of 18 return to corrections within two years after they are released. The effects of incarceration remain with them well after they regain their freedom.

Why You Need an Attorney in Juvenile court

With these real consequences, you should never try to work without an attorney when your child is arrested. In fact, if your child is under 15, the state requires the child to have an attorney at juvenile hearings. This can be an attorney assigned by the court, but as the parent, you have the right to hire an attorney to represent your child's interests.
Whether required by law or not, you should always have an experienced juvenile law attorney representing your child. That attorney understands the juvenile justice system better than you ever will. He or she can defend the case, help mitigate or avoid any incarceration, and protect your child's rights at a time that is critical to his or her development. To get the legal help your child needs, contact Eisenberg Law Offices today, at https://www.eisenberglaw.org/contact-us/ or at (608)256-8356.

This post was first published at https://www.eisenberglaw.org/do-you-need-an-attorney-after-your-childs-juvenile-arrest/.

How to Respond to False Shoplifting Allegations

Shoplifting charges can be defended - stand your ground!

Stores lose billions of dollars of merchandise every year to shoplifters. It is no wonder that they are pushing aggressive tactics to prevent or recover those losses. Still, if you have done nothing wrong, facing accusations from a large retailer can be intimidating and frustrating. When they press too hard against you, you can get support from an experienced attorney.

Defending Yourself

Retailers today are sending out letters to shoppers who are accused of shoplifting. This is part of an effort to identify and seek compensation for shoplifters, but often it comes without any proof beyond a suspicion of someone taking an item from the store. The letter identifies the item and the cost involved, threatens criminal charges, adds a penalty, and states an amount that the recipient "owes" the store. It feels like you face collections activity or a lawsuit until you pay up.
If you do receive a letter like this, you have the right to dispute the accusation. An experienced attorney will help you defend yourself. Rather than simply paying the store, you can demand evidence and state that you do not owe the store what the letter demands.

Bringing Suit for Damages

What the stores and their collection agents count on is that the amount they demand may be less than the cost of hiring an attorney. If you have been falsely accused, you have other options. One is to bring a suit against the collections company and the store to compensate you for your damages. This can include your time spent on defending the charges, any lost wages due to the accusation, and the attorney fees you need to spend defending yourself against false charges. Your attorney can help you recover damages for your losses.
When stores falsely accuse you of shoplifting, you have rights. Instead of paying up or accepting charges brought, contact a lawyer to defend your rights and your name. Contact Eisenberg Law Offices at https://www.eisenberglaw.org/contact-us/ or at (608)256-8356 to learn more.

This post was originally published at https://www.eisenberglaw.org/how-to-respond-to-false-shoplifting-allegations/.

4 Wisconsin Biking Safety Tips

These bicycle safety tips can prevent serious accidents and injuries

As spring moves toward summer, you may want to get out on a bicycle to enjoy the weather. If you aren't careful, you can get into trouble. The Wisconsin Department of Transportation reported that in 2018, bicyclists were involved in 852 crashes, resulting in 755 injuries and 4 deaths. Most of these accidents are preventable if you are careful. Read on for tips to help stay safe.
1. Make Yourself Visible
When you are on a bicycle, you should wear bright, neon clothing. In addition, you should equip your bicycle with reflectors, flashing lights, and reflective tape. Drivers are generally looking for other vehicles first, so do all you can to make sure they can see you too.
2. Wear a Helmet
If you fall or get hit, the worst injuries you can suffer come from blows to your head. Invest in a bike helmet that fits your head well and provides protection in an accident or fall. Take steps to make sure you protect your brain in an accident.
3. Look Where You Are Going
Just as drivers need to practice defensive driving, you need to keep your eyes open to the world around you on a bicycle. Without the protection of a car or truck, it is even more critical to pay attention. Ride with the flow of traffic, and actively avoid vehicles on the road to help protect yourself.
4. Keep Under Control
Finally, you can take steps to control your bicycle on the road. Maintain speeds at which you can safely stop or turn to avoid an accident, and avoid riding too close to a vehicle in front of you. Avoid carrying large packs or other items that might disrupt your balance while you ride. Make sure you can stay under control and avoid accidents to the extent possible.
Most of the time, practicing safe riding can prevent an accident while you are biking. Sometimes, accidents are unavoidable. If you have been in a bicycling accident and need legal representation, contact Eisenberg Law Offices at https://www.eisenberglaw.org/contact-us/ or at (608)256-8356.

This post was originally published at https://www.eisenberglaw.org/4-wisconsin-biking-safety-tips/.

Making Sure Your Law Firm Can Afford to Try Your Wrongful Death Claim

Before starting a wrongful death claim, evaluate your prospective law firm

When you lose a loved one and someone else is to blame, you may want to bring a wrongful death action. With all the considerations you need to make, you may not know whether the lawyer you choose can afford to pursue the claim. Working on a contingency fee arrangement requires a firm to operate with enough resources to take your case all the way to settlement or trial. You need to work with an established firm that can absorb the costs involved without jeopardizing your wrongful death case.

How Contingent Fee Cases Work

When you are struggling with the loss of a loved one, your resources are often lean. Paying an hourly fee to your lawyer in a wrongful death case in these situations can be an extra burden you don't need or can't afford. A contingent fee arrangement helps remove that burden. Your lawyer works your case without charging you for the time or the expenses he or she incurs. When you win a settlement or damages at trial, the lawyer collects his or her fee as an agreed percentage of your settlement amount. This helps give you peace of mind that the lawyer is working for your best possible result.

Costs for the Lawyer

The only downside to you in this arrangement comes when the attorney can't afford the costs involved. Working a case to trial requires much more than reading and writing. The lawyer has to be ready to pay court costs, investigator fees, expert witness fees, travel expenses, and fees for medical reports. This can cost thousands of dollars. If you are working with a solo practitioner or a law firm without strong reserves, you may not be able to make it to trial without putting some of those costs forward yourself.
At Eisenberg Law Offices, we have years of experience and solid financial footing. We will prepare your case thoroughly and efficiently. If you have a wrongful death claim, contact us at https://www.eisenberglaw.org/contact-us/ or at 608-256-8356. We have the resources and experience to give you the representation you deserve.

This post was originally published at https://www.eisenberglaw.org/making-sure-your-law-firm-can-afford-to-try-your-wrongful-death-claim/.

Bar Fights And Assault Charges In Wisconsin

When A Bar Fight Turns Into An Assault Charge

There is solid evidence that alcohol plays a part in violent altercations in Wisconsin. Many bar fights have started after a few drinks, even over something as innocuous as bumping into another person. Although it seems like bar fights could easily be avoided, alcohol-clouded judgment and high-running emotions can quickly turn a simple misunderstanding into a physical altercation that might lead to an arrest and even result in a battery charge.

Examples of Bar Fight Charges in Wisconsin

Bar fights typically fall under Wisconsin's battery laws and/or disorderly conduct laws, depending on the circumstances of the fight. You could face any of the following charges:

• Disorderly Conduct. Indecent, violent, abusive, profane, or unreasonably loud behavior that causes or provokes a disturbance could result in a disorderly conduct charge. This is a Class B misdemeanor that carries up to 90 days in jail, up to a $1,000 fine or a combination of both.

• Misdemeanor Battery. If one person intentionally causes bodily harm to another without that person's consent, it is considered Misdemeanor Battery. This is a Class A misdemeanor offense that carries up to nine months in jail and up to a $10,000 fine.

• Substantial Battery. This charge occurs when someone intentionally causes substantial bodily harm to another such as: lacerations, fractured and broken bones, tooth loss, burns, or concussions. This is a Class 1 felony that is punishable by up to 3.5 years in prison and up to a $10,000 fine.

• Aggravated Battery. The most severe charge, aggravated battery, includes an intent to cause great bodily harm. Such injuries cause long-term damage to the victim, including a risk of death, disability, or permanent impairment. This is a Class H felony punishable up to six years in prison and up to $10,000 fine.

Fighting Assault And Battery Charges

Being charged with assault and battery as a result of a bar fight does not mean you will be convicted. You always have the option to fight the charges with help from an experienced criminal defense attorney. Your attorney will help ensure your rights are protected, your side of the story is heard, and a fair judgment is received.
Contact Eisenberg Law Offices in Wisconsin for help fighting assault and battery charges and protecting your future. Schedule a free consultation with a criminal defense attorney by calling 608-256-8356 or emailing Info@eisenberglaw.org today.

This post was originally published at https://www.eisenberglaw.org/bar-fights-and-assault-charges-in-wisconsin/.

Wisconsin Motorcycle Accidents | Motorcycle Laws in WI

Protect Yourself From Motorcycle Accidents In Wisconsin

Riding a motorcycle through Wisconsin offers a thrill that traditional cars and trucks just can't beat. Open-air riding is exciting, but it can also be incredibly dangerous if you get into an accident. Even careful and responsible motorcyclists can be injured by other less responsible drivers, but proper precautions can help protect riders from the serious injuries that result from motorcycle accidents.
Wisconsin motorcycle law is a good place to start when trying to minimize your risk as a motorcyclist.

Four Wisconsin Motorcycle Laws To Know

1. Protective Gear is Required. Wisconsin requires all riders to have eye protection. Examples include safety goggles, glasses, a helmet shield, or a windscreen. Adults who have a Class M motorcycle license do not have to wear a helmet under the law, but helmets are required for any riders/passengers who are under 18 and for those who only have a learner/instructional permit. All helmets must meet federal safety standards.
2. There are Operating Requirements. State law requires:
   • motorcycle operators to have their headlights turned on at all times.
   • riders with only a permit cannot operate the motorcycle at night.
   • handlebars to be no more than 30 inches above the seat level.
   • no more than 2 people can ride at a time.
   • passengers must sit behind the driver.
3. Motorcycle Insurance is Required. Motorcycles must be insured to meet the state's minimum liability insurance requirements. Be aware that the minimum required amounts of insurance usually are not enough to provide adequate protection. Discuss your insurance coverage needs with a qualified motorcycle insurance agent to be sure you are properly protected. You may want to increase your liability coverage amounts or add collision, comprehensive, and uninsured/underinsured motorist coverage to your policy.:
   • $25,000 for bodily injury per person,
   • $50,000 for bodily injury per accident, and
   • $10,000 for property damage.
4. There is a Statute of Limitations on Motorcycle Accidents. If you are involved in a motor accident, you only have 3 years from the date of the accident to file a lawsuit before your right to file a suit expires under the statute of limitations. If you are involved in an accident, it is best to see a doctor and check for injuries you may be unaware of and consult a personal injury attorney.  

Seek Help From An Eisenberg Law Personal Injury Attorney After A Wisconsin Motorcycle Accident

The personal injury attorneys at Eisenberg Law Offices are here to help you through the aftermath of a motorcycle accident. The chance of serious injury is very high in motorcycle accidents, and we can help you explore your legal options as you recover. We offer free consultations and work throughout Wisconsin.

Arrange your free consultation by calling 608-256-8356 or emailing Info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/wisconsin-motorcycle-accidents-motorcycle-laws-in-wi/.

Wisconsin OWI Defenses | OWI Defense Attorneys

6 OWI Defenses That Can Help You Avoid Conviction

Facing an OWI charge in Wisconsin does not mean you will be convicted. A skilled OWI defense attorney can employ a number of OWI defenses to beat the charge or have the fines and penalties reduced. In this post, we will review six of the most common OWI defenses used in Wisconsin.

OWI Defense Strategies

There are several defense strategies that your attorney could employ to attempt to reduce or dismiss your OWI charges.

1. Improper Stop. Your Fourth Amendment rights protect you from unreasonable search and seizure. That means police cannot stop a driver without a warrant or reasonable cause or suspicion of driving under the influence. If your 4^th Amendment rights were violated, any evidence collected at the time of the stop will be inadmissible in court. Without that evidence, the case will probably be dismissed.  
2. Field Sobriety Protocols. Just as there are specific rules and procedures that must be followed to stop a driver for suspected OWI, there are specific rules that must be followed when an officer administers a field sobriety test (FST). If those protocols are not followed, the test might be inadmissible, which could affect the outcome of your case.
3. Improper BAC Sampling. Again, blood tests must be administered, analyzed, and stored following certain procedures. Any misstep in the collection or storing of the sample or the analysis can invalidate the test result, making the BAC sample inadmissible as evidence.
4. Medical Conditions. It is possible for drivers to have a medical condition that affects their driving, resulting in them getting pulled over. Sometimes neurological conditions can affect field sobriety tests, and other medical conditions can affect breathalyzer results. You should always share your medical history with your attorney so he/she can examine if any of your conditions or medications could have affected your situation.
5. Procedural Violations. There are many procedures and rules that must be followed when charging someone with an OWI. A misstep at any point can lead to evidence being thrown out and charges reduced or dismissed. An experienced OWI defense attorney will examine every piece of evidence, and the collection and testing procedures and protocols used to make sure your rights were fully protected at every stage.
6. You weren’t driving or you consumed alcohol after driving. This evidence can provide a complete defense to the charge. 

Explore All Of Your OWI Defenses

There are many facts, procedures, and actions that go into convicting someone for OWI. The OWI defense attorneys at Wisconsin's Eisenberg Law Offices are experienced at examining the evidence, including the rules and procedures for collecting and analyzing the evidence, to build strong OWI defenses for drivers throughout Wisconsin.
Even if you have failed your breathalyzer, you still have a chance to avoid a conviction with help from the right defense team. Contact the OWI defense attorneys at Eisenberg Law Offices in Madison, WI today to arrange a free consultation by calling 608-256-8356 or emailing Info@eisenberglaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/wisconsin-owi-defenses-owi-defense-attorneys/.

Hit And Run Accident Wisconsin | Wisconsin Car Accident

What Should I Do If I've Been Involved In A Hit and Run Accident in Wisconsin?

A typical car accident involves both parties sharing information and working together with their insurance providers to settle the accident. A hit and run accident is a different matter. You may be dealing with personal injuries or property damage; in the meantime, the guilty party is nowhere to be found.
The good news is that even when the responsible party is unknown, you do have legal options after a hit and run accident in Wisconsin.

What Qualifies As A Hit And Run In Wisconsin?

Although Wisconsin requires drivers to stop after any accident that involves injury or property damage, sometimes drivers leave the scene to avoid responsibility. As soon as a driver leaves the scene of an accident without exchanging contact and insurance information with the other driver, they have committed a hit and run. The repercussions of this action depend on the severity of the accident. Once found, the guilty party could face misdemeanor or felony charges and the related fines and penalties.

What Should I Do If I Am A Victim Of A Hit And Run?

If you are involved in a hit and run accident in Wisconsin, you will handle the situation much like an accident where both parties remain on the scene:

1. Stay Calm. You'll likely be very frustrated and even angry that the other driver fled the scene, but remain calm so you can provide care to injured people and provide a complete report to the police.
2. Help Those with Injuries. If anyone is injured, provide what medical attention you can.
3. Call 911. Call 911 for police and ambulance support. ALWAYS CALL THE POLICE.
4. Gather Evidence. While waiting, take pictures of the scene and the damage, write down what you can remember of the other car and the accident, and move your car out of the flow of traffic if possible. If there are witnesses to the accident, get their contact information, and ask if they are willing to make a statement to the police.
5. Don’t Overshare Information. It is very tempting to share your experience with friends and family on social media platforms, but this is risky. If you end up having a legal case, anything that you previously posted online could be used against you. This can affect the outcome of your case or the amount of compensation you receive for the accident.

Uninsured Drivers

One fact that may make you feel better is that Wisconsin requires all drivers to carry uninsured driver coverage on their auto insurance policy. This means that you can file a claim against your own policy, and this coverage will cover your expenses in a hit and run accident. In fact, a lack of insurance coverage is the primary reason why drivers commit a hit and run; they cause an accident and then flee because they know they do not have the required insurance coverage.

Seek Legal Advice After Hit And Run

If you have been involved in a car accident, even a hit and run accident, you should speak with an attorney. The auto accident attorneys at Eisenberg Law Offices help drivers navigate the insurance claims process and explore all of their legal options so they can better recover from car accidents.
Learn about your options and get help filing your claim by contacting Eisenberg Law Offices at 608-256-8356 or by sending us an email Info@eisenberglaw.org to arrange a free consultation.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/hit-and-run-accident-wisconsin-wisconsin-car-accident/.