How Can You Stop Someone From Charging You With Embezzlement?

 

You would think that doing your job and being as honest as possible about any transactions you make would protect you from accusations of embezzlement. However, if your employer has discovered that money is missing and may have been embezzled, then the company is going to do whatever it can to investigate — and that means treating you as a suspect if there appears to be any connection between you and the money. Your treatment during these investigations could be the key to getting those accusations dismissed and avoiding a charge.

Bullying and Making Life Miserable for You

First, you are innocent until proven guilty, and your employer and the investigators can’t make your life miserable (at work or outside of it) while they look for evidence. Start keeping records of your treatment because if you can show that your employer made snide remarks to you or kept threatening you unless you “confessed” — those are just examples — that could open the employer up to charges of harassment. Plus, if they can’t find evidence but still try to fire you or falsely accuse you of embezzlement to other prospective employers, you could have a defamation case against the company.

Technicalities and Violations of Audio-Visual Recording

States have specific laws governing the use of video and audio recording, and these two types of recording are often separate in terms of legality. For example, your boss can record video of the office, such as for security reasons, if he or she makes it clear you’re being recorded. However, many states do not allow audio recording unless both parties give permission, meaning you have to agree to be recorded. In general, Wisconsin is a one-party state, but companies can have stated policies that forbid one-party-consent recording. That policy could protect you, too, if you find your employer has recorded you without your consent.

If you’re being investigated for embezzlement, contact Eisenberg Law Offices at 608-256-8356 as soon as possible. This is a situation you have to monitor carefully, and you’ll need legal help.

This post was originally published at https://www.eisenberglaw.org/how-can-you-stop-someone-from-charging-you-with-embezzlement/

Filing Lawsuits Over Jet Ski and Personal Watercraft Accidents

 

Jet skis and other personal watercraft are a lot of fun to use, but it’s easy to get carried away or to stop paying attention while using them. If you’ve been enjoying a fun day at the lake only to be injured when someone slams their jet ski or other watercraft into your boat, you could have grounds for a personal injury lawsuit. It would depend on what the person who caused the accident was doing or not doing at the time — in other words, you’d need to be able to prove negligence.

Determining if the Accident Was Really an Accident

As the saying goes, accidents happen, and the accident you were in could have truly been an accident that the watercraft user couldn’t have prevented. This is really why personal injury lawsuits can go on for so long; the parties involved are trying to find evidence to support their side, and that’s not always easy. You need to prove that the at-fault party was negligent.

Finding the Party Who’s Actually at Fault

One more thing to consider is who is really at fault. Maybe the operator did everything he or she could to use the craft safely, but the manufacturer knew there was a defect in the watercraft and didn’t issue a recall, in which case the manufacturer is at fault; or, maybe the manufacturer did, and the operator truly didn’t know there was a recall out, in which case it may be a true accident. It’s also possible the operator knew there was a recall but didn’t pay attention to it.

If you’ve been injured, contact Eisenberg Law Offices at 608-256-8356. You’ll need legal assistance in gathering evidence that the person who operated the watercraft that injured you was negligent or did not take steps to keep others safe. 

This post was originally published at https://www.eisenberglaw.org/filing-lawsuits-over-jet-ski-and-personal-watercraft-accidents/

The Difference Between Burglary and Theft

 

When you think of burglary, you likely conjure images of jewelry thieves cutting into glass cases at night. While burglary is often related to theft, it doesn’t have to be. It refers instead to unlawfully entering property with the intent to commit a felony or to steal. Knowing the difference can help you not only understand the charges brought against you, but help you defend against those charges too. 

Unlawful Entry

Unlawful entry is not the same thing as breaking and entering. If a building is unoccupied but open, the law still considers going into it an unlawful entry. Similarly, if you go onto someone’s property without being invited, that satisfies the unlawful entry part of the definition of burglary. Even if you walk through a open door when no one is home, if the owner didn’t invite you, you have unlawfully entered the premises.

Intent to Commit another Crime

Burglary does require another step, but you don’t just have to steal anything to be found guilty. All it requires is that you intend to commit a felony. So long as you enter uninvited with the intent to commit a felony, you can be found guilty of burglary.

Defending Burglary Charges

Being arrested and charged with burglary does not always mean you are guilty, or will be found guilty. If you were asked to check on your neighbor’s house, you are not unlawfully entering. Similarly, if you can show your intent had nothing to do with committing a felony, you are not guilty of burglary.

Defending yourself against burglary charges is not simple, and you don’t want to go it alone. You need an experienced criminal defense attorney who understands not only the law, but how to establish your defense in court. If you have been charged with burglary, contact Eisenberg Law Offices online at https://www.eisenberglaw.org/contact-us/, or at (608)256-8356. We will give you the defense you deserve.

This post was originally published at https://www.eisenberglaw.org/the-difference-between-burglary-and-theft/

What Are the Penalties for OWI in Wisconsin?

 

Contact an OWI attorney to discuss your OWI charges

If you are convicted of an OWI offense in Wisconsin, the cost can be steep. You face fines, suspension of your driver’s license, and even jail time. The penalties increase for each offense. As soon as possible after your arrest, contact an attorney to protect your rights and your defense.

First Offense

The first offense is not a crime, but even your first offense will cost you money if you are convicted. The fine due ranges from $150-$300, plus surcharges and fees. You may have your driver’s license suspended for up to nine months. Your automobile insurance premiums will also increase.

Second Offense

The first offense may feel steep, but your second OWI conviction brings something more: up to six months in jail. In addition, the fines increase to between $350 and $1,100 dollars, and you will lose your license for at least 12 months.

Third Offense

For your third offense, you will be fined between $600 and $2,000. Beyond this, you will go to jail for between 45 days and 1 year.

Fourth Offense

By the time you reach a fourth conviction for OWI, even if the offenses are up to 15 years apart, you are guilty of a Class H felony. Your fine will be between $600 and $10,000, and you will go to jail for at least 60 days, and up to 6 years in prison. You will lose your driving privileges forever.

Later Offenses

Beyond your fourth offense, an OWI conviction is a Class G felony. You can be fined up to $25,000, with a sentence from six months in jail to ten years in prison. The seventh offense requires a mandatory three-year prison sentence. You will lose your driver’s license forever.

OWI convictions take away your money and your freedom, and impact the rest of your life. If you have been arrested, even for a first offense, you need to take it seriously and work with an experienced lawyer. Contact Eisenberg Law Offices online at https://www.eisenberglaw.org/contact-us/ , or at (608)256-8356. We will give you the defense you deserve.

This post was originally published at https://www.eisenberglaw.org/what-are-the-penalties-for-owi-in-wisconsin

Talking to Police After a Traffic Accident

 

Use caution when talking to authorities after a car accident

After a traffic accident, the police will want to take your statement. This can create anxiety if you don’t know how much to share. While you want to be courteous, you don’t want to undercut your own claim for recovery. What you say can impact the value of any recovery you have. Make sure you don’t overshare when the police start to ask questions.

Talk When the Other Driver Is at Fault

Some accidents leave no doubt as to who is at fault. If you are at a traffic light and hit from behind, or another driver hits you when he or she runs a red light, fault should be clear. Telling the police officer what happened will help you move the process along and get the recovery you deserve.

Don’t Admit Mistakes

What if you aren’t as sure about fault? This is where it gets a little trickier. You don’t ever want to lie to a police officer. Still, talking about what you could have done differently can hurt your case down the road. The police report is an official record that can be used in court, so be careful not to admit mistakes you made. Instead, focus on the impact, road conditions, and basic facts about what happened. 

Be Respectful

Your stress level will be high, and you may be frustrated over injuries and time lost in your day. In this situation, it can be easy to overreact and yell at the police officer asking you questions. Make a focused effort to breathe, remain calm, and show respect to the officer taking your statement. You don’t want him or her to see you at your worst when he or she is interpreting the facts of the accident.

Giving a police statement is always stressful. If you have been in an accident, keep calm and be respectful, but don’t share too much that could hurt you later. If you’ve been in an accident and need legal representation, contact Eisenberg Law Offices online at https://www.eisenberglaw.org/contact-us/ or at (608)256-8356.

This post was originally published at https://www.eisenberglaw.org/talking-to-police-after-a-traffic-accident

Common Road Hazards That Cause Motorcycle Accidents

 

Watch out for these road hazzards when riding your motorcycle

Motorcyclists often face more danger on the road than drivers in cars and trucks. Your vehicle doesn’t offer you protection, leaving you vulnerable in an accident. A crash doesn’t just come from running into other drivers. Many road hazards put you in trouble every day. If unmanaged road conditions lead to your injuries, you may be entitled to damages after your motorcycle accident.

Road Obstructions

Because a motorcycle only has two tires on the road, it becomes harder to recover from hitting an obstacle. This might include items falling out of a truck in front of you or loose debris on the road. If you hit an object, you can easily lose control and crash. You have a duty to pay attention, but if something springs up suddenly because someone dropped a item in front of you, you can sue for damages.

Sources of Sliding

Similarly, it is easier in a motorcycle to be injured after sliding on a slick place in the road. This can include ice, oil, or even loose rocks on the road. Once you start a skid on a motorcycle, it can be hard to pull out of it, and the damage is probably done. If you can’t anticipate what you hit, and if someone else’s negligence created the hazard for you, you are entitled to recover damages for your accident.

Mismanagement

Finally, sometimes changes in how a road is managed can cause problems. A traffic pattern that changes without warning can cause chaos for motorcycle drivers. This might mean a lane closing, or a lane raised enough to make you crash when you try to move over for another vehicle. In either case, mismanaging the road service can lead to serious injuries and property damage.

If you get into a motorcycle accident due to road hazards you can’t avoid, your motorcycle and your body can take a beating. Look to the experienced personal accident attorneys at Eisenberg Law Offices to get the recovery you deserve.  Contact us today, online at https://www.eisenberglaw.org/contact-us/ or at (608)256-8356.

This post was originally published at https://www.eisenberglaw.org/common-road-hazards-that-cause-motorcycle-accidents/

Date Rape Charges In Wisconsin | Eisenberg Law Offices

 

The Two Most Common Defenses To Date Rape Charges In Wisconsin

Date rape is considered a sex crime in Wisconsin, which means that date rape charges can result in hefty penalties if a conviction is obtained. These cases are usually very emotional and complex because the two parties generally know one another, and the circumstances surrounding the event require a close look at what is usually a very private part of a person’s life.

There is a tendency for those facing rape charges to feel despair at the thought of defending themselves, but a strong defense should be mounted, or you risk life-altering consequences. Consultation with a sex crimes attorney can help you understand the charges against you and possible defense options, two of which we take a look at below.

Defending Against Date Rape Charges

Wisconsin defines date rape as nonconsensual, forced or unforced vaginal intercourse between two people who know one another. They do not have to be “on a date” for date rape to occur, and they don’t have to have a long history with one another; merely meeting a person at the party that night counts as being acquainted. Victims can be male or female, and date rape can even happen between two people who have previously been intimate with one another. Consent received from a participant who is incapable of providing consent due to inebriation, for example, may also lead to date rape charges.

There are two common defenses to date rape charges in Wisconsin:

1. Unraveling the Accuser’s Motivations. It’s not unusual for our sex crime attorneys to discover that the accuser claimed date rape in order to “get back at” or punish the other person. We see this kind of revenge accusation most often between two people who have been in a relationship that ended badly. In situations like this, we work to prove that the accuser had underlying motivations for making the accusation and that the accusations are not true.
2. The “He Said, She Said” Argument. A conviction for date rape requires proof of guilt beyond a reasonable doubt, but in sex crime cases, the evidence is often a case of “he said, she said” with each side providing their own version of events. Sex crime attorneys will work to poke holes in the accuser’s story and cast doubts on their version of events in order to improve your chances of a favorable outcome.

Fight Date Rape Charges With Help From An Eisenberg Law Offices Sex Crimes Attorney

The sex crime attorneys at Eisenberg Law Offices want you to know that it is possible to mount a successful defense to date rape charges in Wisconsin. The specifics of the defense will depend on your unique situation, but you can be assured that our team will examine every detail and every bit of evidence to create the strongest possible defense for you.

This post was originally published at https://www.eisenberglaw.org/date-rape-charges-in-wisconsin-eisenberg-law-offices/

Choosing A Wrongful Death Attorney | Eisenberg Law Offices

 

5 Tips for Choosing a Wrongful Death Attorney

The unexpected passing of a loved one is always shocking, but that shock can be compounded when you suspect the death could have been prevented. When these types of suspicions mount, it’s time to seek out the services of a wrongful death attorney. To aid you in choosing the right attorney to help you, we’ve compiled a list of five tips to keep in mind as you search.

Tips That Will Help You Find The Right Wrongful Death Attorney

1. Look For An Attorney Who Has Wrongful Death Case Experience. Like doctors, attorneys have different areas of specialization. Nothing can replace actual real-world experience representing wrongful death suits, so always start your search with a shortlist of attorneys who have experience in wrongful death lawsuits, particularly in the type of wrongful death that your family has suffered.
2. Take The Time To Meet The Attorney. Never hire an attorney without meeting them. This one on one interaction helps you understand how they work and more importantly, how your personalities mesh. Cases can linger for years; you want to work with an attorney you trust and with whom you can get along.
3. Take Advantage of Free Consultations. One way to jumpstart that meeting is to take advantage of complimentary consultations. These sessions serve as a way for the attorney to get a brief overview of your case and determine an appropriate course of action and for both sides to get to know the other and see if they would work well together.
4. Don’t Be Afraid To Ask About Their Record Of Success. You want to hire the best attorney for the job. That means asking about their success record as much as their experience. Success can come in the form of having won several cases or having obtained significant settlements for their clients. Most attorneys will be happy to share their success stories with you. If they are unwilling to do this, that could be a red flag.
5. Choose An Attorney Who Works On A Contingency Basis. Many people shy away from meeting with a wrongful death attorney because they have concerns over how to afford an attorney. But most, if not all, wrongful death and personal injury attorneys work on a contingency basis, which means they do not receive payment unless they win your case.

Add The Eisenberg Law Offices Wrongful Death Attorneys To Your List

There is no reason to let the work of searching for the right attorney prevent you from obtaining justice for your loved one. Contact Eisenberg Law Offices in Madison, WI to schedule a free case consultation and use the tips above to guide your discussion with one of our wrongful death attorneys.

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

This post was originally published at https://www.eisenberglaw.org/choosing-a-wrongful-death-attorney-eisenberg-law-offices/

4 Steps To Appeal A Criminal Conviction In Wisconsin

 

The 4-Step Process To Appeal A Criminal Conviction In Wisconsin

It is possible to appeal a criminal conviction in Wisconsin, but you are required to meet certain conditions and follow specific steps to do so. Complications abound at every stage of the process, which is why it is essential to have a criminal defense attorney representing you. One mistake can cost you your appeal and your freedom.

There are four primary steps to appeal a criminal conviction in the state, which are outlined below.

Steps To Appeal a Criminal Conviction

Once you've determined eligibility to file an appeal to a criminal conviction in Wisconsin, there are just four steps in the process.

1. File a Notice of Intent To Appeal or Pursue Post-Conviction Rights. This Notice reserves your right to appeal and must be filed within 20 days of sentencing, so it is essential to act quickly.
2. Explore Other Forms of Relief. Once you have secured your right to appeal by filing the Notice of Intent, you have time to explore other forms of relief, which include motions to withdraw a guilty plea or motions to modify or overturn your sentence. Not every case will have the option to explore other forms of relief; an appeals attorney can help you determine your options. If you do decide to seek another form of relief, you'll need to file a motion with the circuit court, which will then have 60 days to rule on it.
3. File an Official Notice of Appeal and Prepare Your Brief. If you are moving forward with the appeal, the next step is to file an official Notice of Appeal, which informs the court and the other party of your intention. Once filed, you and your attorney will need to create an appellant brief for the court to review. The appellant brief includes: the facts of your case and grounds for review as well as arguments related to the questions and concerns you are bringing up.

The brief should address specific errors that you believe to have occurred and why each ruling was incorrect. Appellate courts can only decide on issues that you specifically bring before them, so take your time with your brief and make sure it is complete. Your attorney's experience with appellate briefs will become invaluable at this stage.

4. The Review Process, Hearing, and Determination. A District Court of Appeals has no time restrictions on how quickly they must review an appeal, so be prepared to wait. After the review process, a hearing date might be scheduled or the Court will decide the case based on the briefs filed by the parties. The court can decide to completely affirm, modify, reverse, or remand the case for a new trial.

Hire An Experienced Appeals Attorney From Eisenberg Law Offices

Appealing a criminal conviction is a complicated process that requires an absolute attention to detail and the appeals process. It is not something that is recommended to attempt on your own. You have a much higher chance of winning your appeal of a criminal conviction with help from an experienced appeals lawyer at Eisenberg Law Offices. Our Wisconsin appeals attorneys have been through this process many times and have won many successful appeals for our clients.

Call 608-256-8356 or email Info@eisenberglaw.org Eisenberg Law to find out if you can appeal a criminal conviction.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/4-steps-to-appeal-a-criminal-conviction-in-wisconsin/

Determining Fault In Car Accidents | WI Accident Attorney

 

How Fault Is Determined In Wisconsin Car Accidents

Determining fault in Wisconsin car accidents is not always simple or obvious. There are multiple factors that are examined to determine liability, which influences who pays for damages and how much they must pay.

Defining Fault

Fault is also referred to as liability in car accidents and personal injury cases. The term refers to the actions or inactions of the parties involved in the accident and how those actions and inactions influenced the situation. Drivers who were intoxicated, speeding, distracted by texting and driving, or just not paying attention for example, may be found to be at fault or liable for the accident.

Determining fault matters because it is used to determine which insurance provider will be required to compensate the victim(s) of the accident for any property damage or physical injuries sustained in the accident. Damages that can be paid out by the insurance company include: property damage/car repairs, medical bills, lost wages, and pain and suffering, and more.

Determining Fault After Car Accidents

Fault is determined by an examination of the physical evidence of the accident, such as police reports and traffic citations, photographs, medical reports, vehicle damage reports, tire tracks, and site damage. Witness testimony can also be used in determining fault since witnesses often see things that victims do not. Expert testimony may even be used by car accident attorneys to prove or disprove fault. All of this evidence will be taken into consideration to determine if there was negligence, who was negligent, and if that negligence caused the accident and resulting injuries.

Sometimes, this analysis of the evidence uncovers that more than one driver bears some fault for the accident. If this happens, it is considered "shared fault," and both parties may find themselves responsible for paying part of the cost of damages based on the degree of responsibility each side bears for the accident. The court or jury will determine the fault percentage for each side and use that to determine financial awards and damages.

Car Accident Attorneys Can Help You Win Damages

If you have been involved in a car accident and the other driver is found to be responsible for causing the accident, you can try to obtain compensation from their insurance provider to cover the cost of repairs to your vehicle and any medical costs you incur or even compensation for your pain and suffering. The car accident attorneys at Eisenberg Law Offices are available to help you determine the value of your case, file a claim on your behalf, and represent you throughout the process to ensure you receive a fair and adequate settlement. If you have been involved in a car accident and aren’t sure who is at fault, we can help determine fault and position you for a satisfactory outcome.

Contact our team in Madison for a free case consultation where we can examine the evidence and determine your legal options. Arrange your 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/determining-fault-in-car-accidents-wi-accident-attorney/