Why You Need to Choose Your Criminal Defense Attorney Carefully

 

How to select a Criminal Defense Attorney after you face criminal charges

If you’ve been charged with a crime, you should start looking for a criminal defense attorney immediately. However, that doesn’t mean you should hire the very first attorney you see. Sometimes being hasty and rushing the process to find an attorney is the wrong way to go, and you end up with inadequate legal representation.

Your attorney is all that stands between you and the ocean of paperwork involved in a court case. The attorney is also the person who guides you through the entire court process, puts together the case, and seeks evidence that may answer questions and help you win when you finally go before a judge. Many attorneys are excellent at their work, but some are not; also, an attorney who may excel at certain cases your friends were involved in might not excel at yours.

This does not mean you shouldn’t take references from friends seriously; it just means that when you need to find an attorney, you should talk to a few and see what they think of your case. Ask them about deadlines and what time limits you may face, such as a statute of limitations or 10-day deadlines associated with OWI cases. Ask each about the paperwork you may need and what evidence you and the attorney both need to organize.

It’s essential you choose the right attorney at the start of your case. While you can change attorneys in many situations, the new attorney will be faced with fixing whatever the first attorney did (or didn’t) do. That can delay your case and create more problems.

You can shorten your search for an attorney by contacting Eisenberg Law Offices at 608-256-8356 as soon as possible. Get your questions and case information together so your consultation with our attorneys is constructive — and so we can answer your questions and get to work representing you.

This post was originally published at https://www.eisenberglaw.org/why-you-need-to-choose-your-criminal-defense-attorney-carefully/

These Factors Can Contribute to Car Accidents in Icy Conditions

 

If you’ve been injured in a car accident in Wisconsin’s icy roads, get the help you need to determine who is at fault

In Wisconsin, you’d have a hard time avoiding ice if you drove during winter. While cities and counties do what they can to keep roads clear, your actions go a long way toward keeping you safe on the road. If you still get into an accident when driving on ice, you need to speak to a lawyer in addition to your insurance agent about the issues associated with ice.

Were You Going Too Fast?

If the road looks clear, and you’ve driven it plenty of times before, you might zone out a bit. That can lead to you driving just a little too fast for conditions, which can contribute to getting into an accident. What you want to be sure of is whether your speed contributed to the crash because that could affect your attempt to take the other party to court.

How Do I Pay These Medical Bills?

If you were injured in an accident caused by someone else’s negligence, and your insurance coverage doesn’t cover all of the medical costs, then you may need to take the party at fault to court. You deserve to have your medical costs covered — and more — when someone injures you in an accident.

If you’ve been in an accident in icy conditions, you need to contact Eisenberg Law Offices at 608-256-8356 as soon as you can. The answers you get will help you decide whether additional legal action is necessary.

This post was originally published at https://www.eisenberglaw.org/these-factors-can-contribute-to-car-accidents-in-icy-conditions/

Addiction and Legal Concerns With Prescription Pain Killers

 

Know the potential legal risks of addiction to pain killers

All of the media coverage of the opioid epidemic in America can be overwhelming. If you become addicted to these medications, you may start to seek more and risk drug charges being filed against you. Be careful with how you take these medications to avoid legal and health problems developing for you.

How Legal Problems Arise

Taking prescription opioids is not a crime by itself. You need a valid prescription. If you have one, you also must avoid going to multiple doctors or alternative sources to get more. Avoiding an addiction to these drugs is critical to keeping you safe legally.

Take Medications as Prescribed

Some who worry about addiction arising can make the mistake of not taking pain medications when they need them. If you wait until the pain is unbearable, you may take too much when you decide you have to have it. This feeling of intense need often creates the initial addictive sense that drives compulsive need for drugs. Instead of trying to fight through pain, take what the doctor prescribes.

Don’t Alter Your Doses

The flip side of this is taking more than you are supposed to take. Remember that pain medications seldom work immediately. It takes a little time for the pain you are feeling to recede. By taking too much, you might dull the pain more, but you also develop a compulsion that suggests the act of taking the medicines, rather than letting the medication work as designed, solves your problems. This can lead to trying to obtain more than you should and opening yourself up to legal difficulties.

Opioids are highly addictive products, and you need to be careful in how you obtain and take them. Still, taking them under valid prescriptions remains legal. If you are facing trouble with possession charges for prescription pain killers, contact Eisenberg Law Offices, at (608)256-8356 or online. We can help you protect your legal rights.

This post was originally published at https://www.eisenberglaw.org/addiction-and-legal-concerns-with-prescription-pain-killers/

Your Rights When the Police Pull You Over

 

Know your rights when you’ve been stopped by the Police

If you have ever been pulled over, you know how intimidating the moment can be. The officer might give you instructions, ask questions, and generally make you feel like you have no choices. The good news is that you do have rights when the police stop your vehicle. Understanding these rights can help you protect yourself.

You Don’t Have to Answer Questions

You have the right to remain silent when you are pulled over. When a police officer asks whether you’ve had anything to drink, asks if you are in a hurry, or other questions that may even seem polite, you may choose not to answer those questions. Know that he or she may use your answers against you. You should be polite and respectful, but you do not have to give answers when they ask.

You May Have to Take a Blood Alcohol Test

If the officer suspects you have been drinking, Wisconsin law requires you to take a breath or blood test. This might be frustrating, but the penalties for refusing the test can sometimes be more severe than a DUI conviction would be. If there is a smell of alcohol on your breath or other indication that you have been drinking, do not try to refuse the test.

A Vehicle Search Requires Probable Cause

You do not have to consent to a search of your vehicle. If an officer searches your vehicle, anything found may be thrown out unless he or she had a valid reason to search it. This can include drug paraphernalia visible in the car or an outstanding warrant.

Racial Profiling Is Illegal

If you feel you are stopped because of your race, remain polite and respectful. At the same time, you should request the officer’s name and badge number so you can report it. If there is a witness, make sure you can reach that person to support your information.

You don’t abandon your rights during traffic stops. If you were pulled over and need legal help, contact Eisenberg Law Offices online or at (608)256-8356.

This post was originally published at https://www.eisenberglaw.org/your-rights-when-the-police-pull-you-over/

How Contingency Fees Work for Your Personal Injury Case

 

When do I get paid under a Contingency Fee arrangement?

One reason many people decide against getting legal help for a personal injury is the cost. They worry that they can’t afford a good lawyer, and should just try to go it alone. This is why most of the best personal injury attorneys offer contingency fee agreements. If you are worried that you can’t afford an attorney to help recover for your injuries, these arrangements can give you access to the help you need.

How Contingency Fee Agreements Work

The word “contingency” means that the fees you pay will depend on the outcome of your case. Instead of paying a retainer and hourly fees for your representation, you pay nothing up front. If you win your case, your fee will come out as a percentage of the settlement or verdict you win. If you do not win, you do not owe the attorney any money.

Main Advantages of a Contingency Fee Agreement

The most obvious advantage of these agreements is eliminating up-front costs. While you worry about medical bills, lost work, and your day to day activities, you do not need the added stress of how to pay your legal bills. You work with your attorney to understand and develop your case, without the weight of added costs for you.

Beyond this, the contingency arrangement makes clear the motivation for your attorney to do his or her best work for you. The attorney only gets paid with a settlement or verdict, and earns more for a larger result for you. 

Payment After Settlement

The attorney’s fees come out as a percentage of the amount. The attorney will present a balance sheet that gives you a breakdown of the fee and any expenses involved, and give you a chance to clarify any information needed. You then receive your settlement with your fees paid out of the settlement amount.

If you have been injured, a contingency fee agreement can help you afford the best legal representation. To learn more, contact Eisenberg Law Offices online or at (608)256-8356.

This post was originally published at https://www.eisenberglaw.org/how-contingency-fees-work-for-your-personal-injury-case/

Recovering After an Accident with an Underinsured Driver

 

If you’ve been in a car accident with an underinsured driver can you recover all of your damages?

In Wisconsin, just like elsewhere in the United States, drivers are required to carry liability insurance. Unfortunately, after a serious injury, the other driver’s insurance may not be enough to cover your damages. If this happens, you have legal options. An experienced attorney can help you work through your claim and get the compensation you deserve.

Underinsured Coverage

Depending on your insurance coverage, your policy may be designed for exactly this situation. Carrying uninsured or underinsured coverage gives you a backstop to protect you. In a hit-and-run, or in an accident where the other driver does not carry enough to cover your damages, this policy benefit kicks in to cover your damages caused by the other driver–up to your own policy limits. It still will not help you beyond your limits, but it can provide some important protection for you.

File Through Your Insurer

You can file a claim with your company for the damages you sustain if the other driver is uninsured or does not have enough insurance coverage. If the other driver is at fault, your insurer will process your claim and go after the other driver through a process called subrogation. This means that your insurer sues on your behalf to recover damages for the accident. It may even be able to recover the amount that you pay for your deductible.

Work with Your Lawyer

Before you agree to a settlement with any insurance company, you should contact an experienced accident attorney. At Eisenberg Law Offices, we will take the time to work through your claim and help you understand the full damages you sustain. We will then help you pursue your claim and recover what you have lost. If you are in Wisconsin and have been in an auto accident, contact us online or at (608)256-8356 to get started.

This post was originally posted at https://www.eisenberglaw.org/recovering-after-an-accident-with-an-underinsured-driver/

First Offense OWI in Wisconsin | OWI Defense Attorney WI

 

Don’t Shrug Off a First Offense OWI in Wisconsin

There’s a commonly-held belief among Wisconsin drivers that a first offense OWI isn’t a big deal. That perception is incorrect. Even first-time offenders can experience expensive penalties and life-changing consequences as a result of an OWI.

As a civil offense, first time OWI penalties in Wisconsin may include any or all of the following:

• 6 to 9 months driver’s license suspension.
• $150 to $300 in fines.
• A $365 OWI surcharge.
• Ignition Interlock Device (IID) requirements if over a certain BAC level.
• Mandatory Alcohol and Other Drug Assessment (AODA).
• Higher insurance rates and SR22 verification if given high-risk driver status.
• A $200 OWI suspension reinstatement fee when applying for a new driver or occupational license.

All of the penalties mentioned above increase substantially if the ticket was issued with a minor under 16 in the car. Drivers can also be convicted of OWI even if their BAC is within the legal limit. As long as a court rules that the driver was incapable of safe driving, the driver will face the same penalties as an OWI conviction for drivers over the legal limit.

Facts About First Offense OWI in Wisconsin

• OWI stands for “Operating While Under the Influence of an Intoxicant.” This is a broad term that encompasses the more commonly understood “drunk driving” offense.
• The terms OWI, DUI, DWI, BAC, and PAC are synonymous and apply to the operation of motor vehicles while under the influence of alcohol and controlled substances or other intoxicants.
• First Offense OWIs can stay on your driving record forever.
• You will be required to carry an SR-22 vehicle liability insurance document for at least 3 years, which will likely result in higher insurance rates during that time period and for several years after.

Legal Defense Against First OWI Can Help Your Situation

Although receiving a first offense OWI in Wisconsin can be unexpected and stressful, it should never be brushed off as inconsequential. The stakes are too high, particularly if you rely on your ability to drive for work. At the very least, you will be required to pay fines and will lose some driving privileges while having the offense become part of your public record.

To ensure you are treated fairly and the fines fit the actions, contact the OWI defense team at Eisenberg Law Offices in Madison, WI. We will have your back, ensuring your side of the story is told and your rights protected.

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

This post was originally published at https://www.eisenberglaw.org/first-offense-owi-in-wisconsin-owi-defense-attorney-wi/

Car Accident Questions | Insurance Company Questions

 

Expect These Questions From Your Insurance Company After A Car Accident

Your insurance company will be one of the first calls you make after a car accident. Once you’re assured that everyone is okay and has received medical treatment, your next thoughts will likely turn to insurance coverage. Although you pay premiums to retain auto insurance coverage, that does not guarantee you will receive a financial payout equivalent to your needs after an auto accident.

The reality is, insurance companies are businesses, and businesses need to make money; one way to do that is to reduce expenses, like accident payouts. That means all claims will be investigated before the insurance company writes a check.

8 Questions That Are Commonly Asked in Accident Investigations

As the investigation gets underway, expect to speak with your agent and a claims adjuster. The claims adjuster is a trained professional whose job is to gather as much information as possible about the accident. The insurance provider uses this information to help determine fault in the accident and the insurance providers’ financial payout responsibility in the accident.

To facilitate that investigation, expect to be asked questions similar to the following after a car accident:

1. Where and when did the accident occur?
2. Who was driving, were there other parties involved, and if, so how many?
3. Were you carrying passengers in your vehicle?
4. What happened leading up to the accident?
5. What do you think are the primary factors that led to the accident?
6. Were there any injuries? If so, who was injured, and what are the injuries?
7. Who do you think bears fault for the accident?
8. Were the police called? If so, which jurisdiction?

A Car Accident Attorney Can Help You Navigate The Insurance Claims Process

It’s important to note that insurance providers are required by law to act in good faith as they investigate accidents. That means the insurance company must conduct an actual investigation, gather and analyze evidence, and make decisions based on an honest review of that evidence.

If you believe your provider has not acted in good faith or want help navigating the insurance claims process, contact the accident attorneys at Eisenberg Law Offices in Madison, WI. We have represented drivers and accident injury victims throughout Wisconsin to advocate for insurance payouts, negotiate claims, and make sure good faith practices are followed. We also represent clients in court. Experienced legal counsel on your side can make the difference between obtaining compensation after an accident and not.

Contact Eisenberg Law Offices at 608-256-8356 or by email at info@eisenberglaw.org to arrange a free car accident case review.

This post was originally published at https://www.eisenberglaw.org/car-accident-questions-insurance-company-questions/

Hiring an OWI Lawyer | Questions For Wisconsin OWI Lawyer

 

9 Questions to Ask Before You Hire an OWI Lawyer

Making bail after an OWI arrest in Wisconsin is just the first step in the process of fighting the charges against you. Given the state's recent adoption of stricter OWI laws and penalties, it is more important than ever that even first-time offenders consult an OWI lawyer after their arrest. After posting bail, your next step should be to start researching OWI attorneys in Wisconsin. Not just any attorney will do in this situation. You will want to hire an experienced criminal defense attorney specializing in OWI to represent you, but this is easier said than done if you've never had to hire a defense attorney before now. Use the questions below to aid you in your search.

9 Questions For OWI Lawyer Interviews

Attorneys specialize in different areas of law, which is why researching attorneys is so important to finding the right attorney for your specific situation. An OWI lawyer should have experience with criminal defense of OWI, DUI, DWI, BAC, etc., in the state of Wisconsin at a bare minimum. You can learn more about an attorney's experience and approach by asking the following questions.

1. How long have you been a practicing criminal defense OWI lawyer?

Look for attorneys who have a proven track record in criminal defense and OWI in Wisconsin in particular.

2. How much experience do you have handling cases like mine?

Take advantage of free case consultations to discuss the specifics of your case before hiring an attorney. During your consultation, ask about the attorney's experience with OWI criminal defense cases that resemble your own.

3. What do you see as my best and worst case scenarios?

A good attorney will be straight with you. They won't sugarcoat your situation. They'll tell you the good and the bad. So be sure to ask this question to gauge their honesty.

4. What is your fee structure? What services are included in the fee?

The reality for most people in Wisconsin is that OWI attorney fees will influence their decision, so it's best to be upfront before either of you invest any more time in the process.

5. What is your familiarity and experience with the local courts?

An OWI lawyer who is familiar with your local court system, judges, and prosecutors will have the advantage of knowing what is expected of defendants and defense arguments as well as courtroom policies and procedures. This insider knowledge can be beneficial to ensuring the case moves along smoothly, and your attorney doesn't ruffle any feathers.

6. Can you provide references or testimonials?

Reference, testimonials, and online reviews are all excellent resources to finding the right attorney to represent you. These outside opinions provide unbiased insight into the attorney's experience, results, approach, and communication style.

7. How many jury trials have you been engaged in?

Some cases go to a jury trial. Some don't. If you expect your case to go to trial, you will definitely want an attorney with trial experience representing you. You want your attorney to be cognizant of courtroom expectations and appear competent and confident in front of a judge and jury.

8. What sort of defense strategy will you use?

Discuss your defense options and which ones the attorney expects to have the best results for you. As you speak to multiple attorneys, you can begin to compare and contrast strategies and use that information to aid your decision.

9. What is communication like? How will we stay in contact, and how frequently will I hear from you?

You will need to work closely with your attorney leading up to and through a ruling and possibly through sentencing. Discuss how you will communicate with one another and what their availability to you will be like. Ask if you will be working with an assistant, paralegal, or another attorney on their team, so you know who to contact and when.

Schedule a Free Case Consultation with an Eisenberg Law OWI Lawyer

Put experience to work for you. The OWI attorneys at Eisenberg Law Offices have over 30 years of experience with the Wisconsin criminal justice system and OWI defense. Schedule a free case consultation by calling 608-256-8356 or emailing Info@eisenberglaw.org to discuss your situation with a seasoned OWI attorney.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/hiring-an-owi-lawyer-questions-for-wisconsin-owi-lawyer/

Car Accident Caused By Medical Emergency

 

Car Accident Liability When There is a Sudden Medical Emergency

By their very nature, sudden medical emergencies are unexpected and unpredictable. They can happen at any time, even when driving. When a sudden medical emergency happens to a driver and causes a car accident, the driver may not be liable for accident damages under Wisconsin law.

Under Wisconsin's medical emergency doctrine, if a driver suffers a medical situation that was not foreseeable, he or she will not be held responsible for any financial or legal responsibility for the event or for any behavior that may have stemmed from the emergency situation. Common examples of medical emergencies that can lead to a car accident are:

• Heart Attacks
• Blackouts
• Brain Aneurisms
• Seizures

The key to determining liability in these situations hinges on the question of whether or not the condition was foreseeable or anticipated.

Red-Flag Medical Conditions, Evidence Collection, and Establishing Liability

While there is no doubt that medical emergencies can and do occur behind the wheel, there is also no doubt that some at-fault drivers try to use the "medical emergency" excuse as a way to avoid liability for the accident. This is one reason why specific requirements must be met before a driver can use a medical emergency as a defense argument. 

A car accident attorney for the victim will investigate the situation to collect evidence to determine if the at-fault party knew or should have known about their risk of having a medical problem occur while driving. If, for example, the driver knew he or she had a certain condition, then chances are they also knew they were at risk of suffering an emergency at any time, including when driving.

Pre-existing medical conditions that raise red flags as having the potential to result in an emergency medical situation while driving include:

• Heart disease and the treatment thereof.
• Diabetes.
• Seizures and seizure medications.
• Eye conditions that affect the ability to drive.

Whenever a medical condition defense is raised, the victims' attorneys and the courts will want to examine the evidence, consult medical experts, review the patient's medical records and medical history, and conduct interviews with affected parties to ascertain whether or not the emergency could have been foreseeable. Your attorney will want to speak with the other driver's doctors and independent experts to determine potential liability.

When To Seek Legal Counsel

Suppose you are involved in a car accident where the other side claims they are not at fault due to a medical emergency. In that case, it is best to contact a car accident attorney for advice and representation right away, before the case advances. These cases are complex due to the nature of medical diagnoses. Having a personal injury attorney represent you is your best chance of recovering damages and winning your case. Losing a case could mean you are on the hook for vehicle damages, medical bills, and other financial losses. Winning the case means the other party will bear at least some financial responsibility for your losses, which can be very helpful for most people.

Contact the car accident attorneys at Eisenberg Law Offices to discuss your situation during 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/car-accident-caused-by-medical-emergency/