How to Violate Probation and Be Sent Back to Jail

 

Here’s some things to keep in mind to avoid violating your probation – it could keep you out of jail

Probation can be both a blessing and a curse, as the saying goes. It’s a blessing in that you’re not in jail and can live a relatively normal daily life. It’s a curse, however, because it is so easy to violate probation by doing things that, at times, can seem mundane and not worthy of jail. Probation is a test period; if you can get through these few years of restrictions, you gain more freedom.

Some violations are ones you know you can’t do, such as commit another crime or get into trouble in any way with the police. You can not use controlled substances or use alcohol if you are on probation. In fact, you may have to submit to regular drug testing as part of your probation conditions, and you don’t want to have anything in your system.

You can also violate probation by not showing up for court hearings, not checking in with your probation officer, and not paying fees or fulfilling other parts of the agreement surrounding your release on probation. When the court decides you can be out of jail on probation, you’ll have a set of conditions you have to meet, and not meeting any of them can be grounds for a violation that lands you back in jail.

One way to violate probation that often trips people up is that sometimes the terms of the probation period include not associating with — in other words, not being with — certain people or being in certain locations. This can include not traveling outside the county or state, which may seem like an easy requirement to fulfill, but you can easily forget that you’re not supposed to be in the next county. Or that person you have to avoid may try to contact you against your will, resulting in an involuntary violation if the two of you are seen together.

If you’re worried that you’ve violated probation and may be sent to jail, contact Eisenberg Law Offices at 608-256-8356. You need legal help, especially if the violation was unintentional or due to extenuating circumstances.

This post was originally published at https://www.eisenberglaw.org/how-to-violate-probation-and-be-sent-back-to-jail/.

Hurt in a motorcycle accident and they claim they never saw you?

 

Contact a motorcycle accident injury attorney to protect your rights

An accident in which a car hits a motorcycle can be devastating for both parties involved. It can also become complicated when the driver of the car claims he or she didn’t see the motorcycle and thus couldn’t avoid the accident. It is possible to determine in court who is really at fault in the accident and whether the driver’s claims are accurate.

A car-versus-motorcycle accident is a classic type of personal injury scenario. The court and your lawyers have to determine not only who was at fault, but whether there was negligence involved or if the accident really was unavoidable and that no one was at fault. It diverges from the classic case in that vehicle size and speed — not to mention behavior — plays a much greater role in fault.

For example, if you, as the motorcyclist, were weaving in and out of lanes and trying to “split” lanes (lane splitting is a maneuver in which the motorcycle travels between cars in two lanes, instead of behind a car in one lane), it’s very possible the car driver didn’t see you when they tried to move over a lane. You and your lawyer would have to prove that they did see you and that they were not driving recklessly themselves.

However, if you, as the motorcyclist, were in one spot in one lane and were sideswiped by a car moving over, it might be easier to prove that the car driver did see you as you hadn’t made any unexpected moves and were not hidden behind other cars. Visibility is crucial in a motorcycle-accident case; if the driver can prove you were not really visible, you could lose your case.

If you were hit by a car, and now the driver claims he didn’t see you, call Eisenberg Law Offices at 608-256-8356. This is a complicated case, and you need excellent legal representation who can help you get the compensation you need.

This post was originally published at https://www.eisenberglaw.org/hurt-in-a-motorcycle-accident-and-they-claim-they-never-saw-you/.

Rights of the Innocent Under Police Questioning

 

Use caution, and talk to an attorney, before talking to the police

Most of us want to be helpful when we can. When the police ask questions, you may feel even more pressure to answer and show your innocence. Before you respond, though, take a step back. You have constitutional rights designed to protect you. Calling an attorney can keep you from getting into trouble that you don’t deserve.

Innocence Isn’t Enough

When you are innocent, you may think you have nothing to worry about. Unfortunately, that isn’t true. You know you are innocent, but the police might not. They may ask questions designed to trap you, or they might read more into what you say than you intend. Being innocent helps, of course, but that is not a reason not to prepare. The police have an agenda when they question you, so you need to understand that before you talk.

The Fifth Amendment

This is a big part of why we have the Fifth Amendment. This gives you the right to remain silent and the right to an attorney before you answer any questions. You may think of these as rights that protect criminals, but it actually works for everyone’s protection. If the police want to ask you questions, you shouldn’t assume it will all work out. Protect your rights and make sure you have the help you need.

Get Prepared

This help isn’t going to come from another police officer, your friends, or the guilty party. The police are good at what they do, and can use information they receive to fit the picture they believe they see. It would be foolish to believe you know the game better than they do. An experienced attorney can help protect you and make your case for you under police pressure.

It may seem like refusing to answer questions makes you look guilty. The truth is that you face more risks for what you say than for what you do not. Before you answer any police questions, contact Eisenberg Law Offices online at https://www.eisenberglaw.org/contact-us/, or at (608)256-8356. We will help you protect your rights and your good name.

This post was originally published at https://www.eisenberglaw.org/rights-of-the-innocent-under-police-questioning/.

When and How to Seek a Plea Bargain in Wisconsin

 

Know what a plea bargain does and the benefits to you before accepting a plea bargain in Wisconsin

An arrest always creates anxiety. You have to face the police, and you may go to jail. Unlike in a civil lawsuit, you also deal with a system that works quickly, moving from arrest to arraignment to trial before you really know what is happening. As it happens, you may be offered a plea bargain. This often represents a break from the punishment that might otherwise await. Before you accept, though, you should make sure you understand what it all means.

What a Plea Bargain Does

Prosecutors use plea bargains to dispose quickly of cases on their docket. It saves the court’s resources by settling a criminal matter before it reaches trial, and represents a “win” for their office. As part of the bargain, you agree to a punishment that usually requires less time in jail, lesser charges, and/or lower fines, than the prosecutor would seek if you go to trial. 

Benefits for You

The most obvious benefit you can receive from a plea bargain is a lighter punishment than you might receive at the end of a trial. If you know you are guilty, this saves you the strain and embarrassment of trial. Beyond this, a plea bargain gives you some certainty that you might otherwise lack. If you know what to expect from your sentencing, it can reduce anxiety and move you forward with the rest of your life.

Potential Downside

There is some risk to accepting a plea agreement. One is that, if you agree to plead guilty, it can stay on your record just as a conviction after trial would. That criminal record sticks with you for the rest of your life. Further, your judge will examine the agreement, but is not bound to honor it. If he or she believes the agreed upon sentence is unfair, you may not gain anything in exchange for your plea.

Negotiating a plea agreement requires a steady, experienced legal hand. If you have been arrested, don’t trust just anyone to manage the process. Contact Eisenberg Law Offices online at https://www.eisenberglaw.org/contact-us/, or at (608)256-8356 to get experienced criminal defense.

This post was originally published at https://www.eisenberglaw.org/when-and-how-to-seek-a-plea-bargain-in-wisconsin/.

Can You Get Compensation for a Car Accident as a Passenger?

 

Passengers in a car accident are entitled to recover damages too!

Most of what you read and hear about recovering damages in a car accident comes down to the drivers involved. This is important, but if you are injured as a passenger, you have a right to recover too. It can be complicated to figure out how to pursue a claim. Working with the right accident attorney can help you get the recovery you need and deserve.

Who Caused the Accident?

An immediate question you will need to answer is who is at fault. Because Wisconsin is a fault-based insurance state, the driver who caused the accident will bear the most financial responsibility for damages, including the cost of any injuries you sustain as a passenger. Using the police report prepared for the accident can help you determine who is most at fault, and provide a good starting point for recovery.

When Insurance Isn’t Enough

Depending on the extent of your injuries, you may not have enough coverage available through insurance policy limits to cover the full cost of your injuries: medical costs, lost income, and a variety of other losses you suffer after the accident. In these situations, you may need to pursue a claim through an uninsured/underinsured coverage claim. Your recovery can get expensive quickly, so your car accident attorney can help you find the best route to a full recovery from your injuries.

Why You Need a Personal Injury Lawyer

The insurance companies want you to believe this is about picking up the phone, filing a claim, and finding out what they say they owe you. Insurers have an incentive to pay out as little in claims as they believe they can get away with paying. This is where your personal injury lawyer is essential. He or she knows the games and tricks insurance companies play. Instead of trusting people trying just to save money, work with an attorney who is there to represent your interests first.

Getting hurt as a vehicle passenger can be frustrating. Take control of your recovery by contacting 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/can-you-get-compensation-for-a-car-accident-as-a-passenger/.

Do You Have a Personal Injury Case?

 

Consider these factors to determine if you have a personal injury case in Wisconsin

When you suffer an injury, one question you should ask is whether you have grounds for a lawsuit. This depends on a number of factors. Ultimately, you should consult a personal injury attorney to talk through what happened to you. He or she can help you apply the law to your situation. If the following applies to you, you may have a strong personal injury case you can bring.

Was Someone Else Negligent?

For you to bring a successful personal injury case, you first have to show that someone else did something wrong. In legal terms, negligence means that a person has a duty to exercise reasonable care, and failed to fulfill it. This can be as simple as the duty to drive a vehicle properly or maintain safe conditions on a property. If that person didn’t do what he or she should have done under the circumstances, then that person is negligent.

Did They Cause Your Injuries?

Negligence represents a key part of the puzzle. Still, it isn’t enough by itself; that negligence has to be the reason you were injured. If another driver runs a red light, that is a negligent act, but unless you are injured, you don’t yet have a case against that person. Your right to sue another person depends on whether that person caused damages you suffer; a wrong act that didn’t hurt you is not enough. Your attorney will help you work through the facts and identify the right person and the strength of your claim.

Do You Have Monetary Damages?

Finally, even if you were injured, you need some monetary damages to win. A personal injury case isn’t punishment for wrongful behavior; it is a way to regain the losses you sustain because of your injuries. This includes medical costs, lost wages, property damage, loss of enjoyment, and other losses you suffer as a result of your injuries.

Not every injury creates a lawsuit, but many do. If someone has caused you monetary losses through his or her negligence, 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/do-you-have-a-personal-injury-case/.

Criminal Defense Attorney Strategies | Social Media Defense

 

Why Your Criminal Defense Attorney Should Pay Attention To Social Media

Social media has changed the way we communicate, stay in touch, and share information. This is true whether you’re in Madison, WI, or Miami, FL, or halfway around the world. Platforms like Facebook and Twitter have become influential news sources, and apps like Snapchat and Instagram broadcast the visuals of millions of lives every day. Not only has the general public embraced these platforms as a source of information, but as any criminal defense attorney will tell you, law enforcement agencies are using the tools to obtain information for their investigations too. If your attorney isn’t taking social media seriously as a resource, it could put your case at risk.

Social Media Can Be Used As Evidence

The criminal defense attorneys at our Madison, WI law office, have noticed a significant uptick in the use of social media posts as evidence in criminal investigations. Not only do investigators scour social media accounts for evidence of criminal activity, but they also use the platforms to elicit help from the general public, such as by asking for witnesses to come forward or sharing information about recent crime sprees in the area. Evidence collected via social media, mainly photographic or video evidence, can be used in criminal cases and is becoming more and more common. Your defense attorney should be made aware of any and all social media content surrounding your background and your case so they can be prepared to defend against it.

“Trial By Social Media” Is a Burgeoning Problem

While social media has helped investigators obtain evidence they would not necessarily otherwise have had access to, it comes with a drawback in the form of “trial by social media.” Videos and photographs are posted so quickly and shared so widely that public opinion can be swayed, and public outcry can hinder both law enforcement and the criminal defense attorney who is assigned to represent the alleged perpetrator of the crime.

Sometimes this outcry and public awareness of the incident is so extreme that it actually hinders the defendant’s right to receive a fair trial. The legal concept of “innocent until proven guilty” can feel as if it has been tossed out the window with the defendant being condemned as guilty in the court of public opinion long before he or she has an opportunity to share their side of the story. The effects of these social media frenzies can be devastating for defendants and make it more difficult to find unbiased jurors.

Given the rising use of social media in criminal cases, it is vital to have a criminal defense attorney representing you who understands the importance these platforms play in both case development and public opinion.

The Madison, WI Criminal Defense Attorneys At Eisenberg Law Will Fight For Your Rights

The criminal defense attorneys at Eisenberg Law Offices in Madison, WI are tireless in their fight to ensure our clients’ rights are protected, that they receive a fair trial and that their side of the story is shared. If you have been charged with a crime, contact our Madison, WI law office to arrange a free consultation with a defense attorney. We promise to treat you fairly, represent you to the best of our ability, and not be swayed by the “court of social media.”

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

This post was originally published at https://www.eisenberglaw.org/criminal-defense-attorney-strategies-social-media-defense/.

Reckless Driving And Truck Accidents In Wisconsin

 

When Reckless Driving Results in Truck Accidents

Truck accidents are devastating, particularly to passengers and drivers of automobiles that were involved in the accident. Even truck drivers who are obeying the Wisconsin rules of the road and driving responsibly can be involved in truck accidents through no fault of their own. Unfortunately, the severity of the accident is typically unaffected by the trucker’s good driving habits; the sheer size and weight of an 18-wheeler or a fully loaded commercial truck is enough to cause severe injury and property damage to smaller passenger cars.

When a truck driver is also behaving recklessly, the risks intensify, and the chances of becoming involved in an accident increase. In some cases, reckless and aggressive driving escalates beyond a traffic violation to become a criminal charge.

Examples of Reckless Or Aggressive Truck Driving Behavior

When automobile drivers or truck drivers operate vehicles in a manner that could cause harm to others on the road, it is considered to be reckless or aggressive driving. Examples of reckless and aggressive driving include:

• Speeding
• Tailgating
• Aggressive Passing
• Failure to Yield the Right of Way
• Weaving In and Out of Traffic
• Cutting Other Drivers Off
• Ignoring Road Signs and Signals

Ideally, you will be able to maneuver away from the aggressive driver and remain safe, but sometimes that is not possible, and an accident occurs. When that happens, you may be able to take legal action.

Taking Legal Action After Truck Accidents in Wisconsin

Truck accidents are treated very similarly to car accidents in Wisconsin. You will work with your auto insurance company to secure coverage for any damage to your vehicle and possibly any injuries you or your passengers sustained.

The only way to know for certain if you have grounds to file a lawsuit is to speak with a Wisconsin truck accident attorney. The truck accident lawyers at Eisenberg Law Offices in Madison, WI can help you pursue all of your legal options and protect your rights by handling all insurance matters and representing you if you move forward with a lawsuit. Having a qualified attorney on your side will make the insurance process go smoother and will ensure you receive all compensation to which you are entitled, such as medical costs, lost wages, and pain and suffering.

Contact the truck accident attorneys at Eisenberg Law Offices to receive a free case consultation by calling 608-256-8356 or emailing Info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/reckless-driving-and-truck-accidents-in-wisconsin/.

Wisconsin Diversion Program | Deferred Prosecution Agreement

 

A Deferred Prosecution Agreement Can Help You Avoid Jail

A conviction on drug charges in Wisconsin will usually lead to jail time and expensive fines, but the even more damaging result of such convictions is the fact that you'll now have a criminal record. A criminal record will show up in any future background checks and could make it difficult for you to find housing, get a job, enter college, or even see your children. If you are facing drug charges and a conviction looks likely, but you are a non-violent or first-time offender, the prosecution may offer you an alternative to jail.

There are two programs that Wisconsin counties use to help non-violent drug offenders avoid criminal convictions: diversion programs and a deferred prosecution agreement. Both programs aim to help offenders obtain treatment for their addiction to prevent future relapses and reduce the time and money spent by the county on prosecuting and incarcerating the offender. Although a diversion program and a deferred prosecution agreement may have similar goals, they go about meeting those goals in different ways.

Diversion Programs

These programs are specific to the individual and are monitored by third-party agencies. For 6 months to 2 years, the offender will have to agree to several conditions which may include: random drug testing, adhering to a specified treatment plan, going to therapy, community service work, and paying restitution.

Upon completion of the program, the offender will not be criminally charged or existing charges will be dismissed. Eligible offenders are typically first-time offenders and those with a clean record. Diversion programs are most often used for minor or low-level drug crimes such as possession, but can also be available for non-violent felonies.

Deferred Prosecution Agreements

A deferred prosecution agreement is slightly different. Offenders enter into an agreement with the court, which sets out specific conditions that must be met. If those conditions are met within the agreed upon 6 month to 2 years timeframe, the charges will be dismissed. Conditions are usually very similar to those required of the diversion programs.

Eligible offenders have limited criminal records, plead guilty to the charges, and are willing to meet the terms of the agreement.

The difference between these programs and diversion programs is that prosecution for the crime is "deferred" to a future date. Offenders will be charged with a crime at the beginning of a deferred prosecution agreement, but the prosecution does not move forward with those charges at that time. Instead, the offender is given 6 months to 2 years to "clean up their act", so to speak. If they do and meet all of the criteria set forth by the agreement, the prosecution will then decide whether to reduce or drop the charges based on the offender's actions and performance under the agreement.

Contact Eisenberg Law Offices For Help Fighting Drug Charges

If you are facing drug charges in Wisconsin, do not give up hope and do not try to fight the charges by yourself. Contact a criminal defense attorney from Eisenberg Law Offices for help. We can advocate on your behalf to reduce charges or alternatives to jail, such as a diversion program or deferred prosecution agreement.

Schedule a free case consultation by calling 608-256-8356 or emailing Info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/deferred-prosecution-agreement-wisconsin-diversion-program/.

Shopping Mall Negligence For A Slip and Fall Injury

 

When Can a Shopping Mall Slip and Fall Injury Result in Compensation?

A slip and fall injury can happen to anyone at any time. They can happen at home, at work or school, or in public places like a shopping mall. When a slip and fall injury occurs at a public place like a shopping center or store, it may be possible for the injured person to file a personal injury lawsuit to receive compensation for their injury, but certain conditions must be met for a lawsuit to proceed.

Common Reasons For Slip and Fall Accidents

Slips and falls are very common, and the fact is that most of them never result in an injury. We slip, catch ourselves, and move on with our lives or we have a small tumble, get up, and move along. When a slip and fall injury occurs in a mall, there are typically one or more factors influencing the incident and its outcome.

• The floor was covered in liquid.
• There was food or debris on the floor or pathway.
• The floor was still wet from being cleaned.
• The floor was slick from the shiner or degreaser.
• Wet or snowy weather conditions led to a slippery floor.

Slips and falls can happen outside the mall too, in the parking lot or exterior walkways. Those incidents may be caused by:

• Broken pavement or potholes.
• Debris or trash in the walkway.
• Weather conditions.
• Puddles
• Broken sidewalks, pavers, or tiles.

Is the Shopping Mall Liable For Your Injury?

Many people believe that if they slipped and fell at a public location like a shopping mall, the shopping center would be liable for any injuries they sustained, but this is not the case. In order to be held financially responsible for the incident, the shopping center (or their management representative) must have been negligent in their duty to provide a safe walking surface. The court generally uses the following criteria to determine if the shopping mall was negligent:

1. Mall management was aware of a potential hazard (i.e. spilled liquids, broken pathways, debris, etc.)
2. Management ignored the hazardous conditions.
3. This inaction resulted in your slip and fall.
4. You suffered an injury as a result of the fall.

The reasoning is that if management had not ignored the hazard, you would not have fallen or been injured, therefore, they should be held responsible for any injuries sustained. It's important to note that you must have suffered an actual injury to prove that harm occurred to you. Without an injury, the case is unlikely to proceed.

Depending on where the accident happened, individual stores in the mall may be liable for the slip and fall injury and not the shopping mall itself. If the accident happened in a specific store, that store will usually be held responsible since they are responsible for the care and upkeep of their location.

Did Your Slip and Fall Injury Result From Negligence?

A personal injury lawsuit can help injured parties obtain compensation from the person or business who was negligent. An Eisenberg Law Offices personal injury lawyer can help you obtain compensation to cover medical bills, future care or treatments, lost wages, pain, and suffering, and more. Our team has handled a wide variety of public premises slip and fall cases, including those that have occurred in a shopping mall.

To determine if you have a slip and fall case, schedule a free consultation with an Eisenberg Law personal injury attorney by calling 608-256-8356 or emailing Info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/shopping-mall-negligence-for-a-slip-and-fall-injury/.