Defense Options To Theft Charges In Wisconsin

 

What Are Your Defense Options When Facing Theft Charges in Wisconsin?

Theft charges and convictions for theft vary widely in their severity in Wisconsin, but even the least serious charge, a Class A misdemeanor, can lead to as much as $10,000 in fines and up to 9 months in jail. That is anything but simple or insignificant if you are convicted. Fortunately, there are several defense options that can be used to fight theft charges.

Defining Theft in Wisconsin

In order for an action to be considered theft in Wisconsin, the action must be:

• intentional,
• undertaken without the consent of the owner of the property, and
• with the intention of permanently depriving the owner of possession of the property.

Convictions for theft range from the Class A misdemeanor fines and penalties mentioned above to Classes I, H, G, or F felony charges that include as much as $25,000 in fines and/or 12.5 years in prison. There is no question that a conviction for theft will change your life for the worse which is why it is so important to work with an experienced criminal defense attorney whenever you are facing theft charges.

Defense Options for Theft Charges

The criminal defense attorneys at Eisenberg Law Offices will examine your situation from all sides to build the strongest, most effective defense possible. Six of the most common theft defense strategies are outlined below.

1. Ownership Claims. Defendants who use this strategy believe that the stolen property belonged to them. In order to succeed using this defense, you must be able to prove that you owned the property at the time of the alleged theft.
2. Intoxication or Impairment. If you were under the influence at the time of the theft, there is a good chance that you lacked intent in your actions. Proving intent is necessary to win a theft case.
3. Lack of Intent. Intent must exist in theft cases. If the prosecution cannot prove that you intended to permanently take the property without the owner’s consent, you may be able to get your case dismissed.
4. Entrapment. This defense is most often used in cases that involved police sting operations. If you were coerced or lured into committing the theft by an officer of the law or other government official, you may be able to use this defense.
5. False Allegations. Defendants can be falsely accused. Sometimes these accusations are an honest mistake; other times they are made out of spite or in revenge. If it can be proven that the accusations were false, you can avoid a conviction.
6. Flawed Valuation. If the stolen property was incorrectly valued higher than it is in reality, you may be able to get your charges reduced to a lesser crime since theft charges are based on the dollar value of the property that has been stolen.

Fight Theft Charges With Help From Eisenberg Law Offices

Don’t let a conviction for theft ruin your life. Contact the criminal defense attorneys at Eisenberg Law Offices for advice on theft defense and to discuss your legal options. We offer free and confidential case consultations. Arrange yours by calling our Madison law firm at 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/defense-options-to-theft-charges-in-wisconsin/

Wisconsin Auto Accidents | Car Accident Causes

The Demographics of Wisconsin Auto Accidents

Numerous factors go into analyzing auto accidents in Wisconsin. The driver’s age and years of driving experience, the model, age, and type of vehicle involved, weather and road conditions, and extenuating circumstances can all play a role in causing an accident. Insurance agencies use this information to set car insurance premiums and states other units of government use the data to inform policy decisions.

It’s natural to wonder which drivers cause the most auto accidents in Wisconsin, but the reality is, accidents occur for a variety of reasons.

Auto Accident Demographics

• Accidents by Age Group. Experience behind the wheel is one of the single most important factors in preventing car accidents. That’s why it is no surprise that the Insurance Institute of Highway Safety (IIHS) reports that drivers under age 19 are three times more likely to be involved in an accident than drivers over age 20. Teens cause many more accidents than any other age group, including senior drivers.

• Accidents by Gender. What about male and female drivers? Male drivers tend to receive more tickets for traffic violations and DUIs than female drivers. But those numbers may not tell the whole story because men also tend to drive more miles than women.

• Accidents by Driving Behavior. Some studies suggest that as much as 90% of accidents result from driver behavior.  Driving behaviors that have been proven to cause accidents include:
  • Distracted driving
  • Speeding
  • Driving While Intoxicated
  • Aggressive Driving
  • Drowsy Driving

• Accidents Due to Weather. Wisconsin weather conditions, and related road conditions, also cause auto accidents. Snow, ice, and rain can all make stopping difficult while factors like fog and sun glare can make it harder to see what’s on the road ahead of you. 

Meet with a Wisconsin Auto Accidents Attorney

We shouldn’t lose sight of the fact that every accident represents a life disrupted and perhaps, irrevocably changed. Auto accidents can cause physical and emotional trauma, personal and property losses, and temporary, short-term, long-term, or even permanent changes to driver and passenger lives. Worst of all is when an accident occurs that is not your fault, yet you are the one left to suffer.

If you have been injured as the result of a car accident in Wisconsin, contact Eisenberg Law Offices to find out if you are eligible to file a personal injury claim. We help car accident victims recover compensation from accidents that were not their fault, yet have left them with injuries, property loss, and/or high medical bills.

Discuss your situation with one of our Madison attorneys during a free case consultation. Arrange your consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/wisconsin-auto-accidents-car-accident-causes/

Avoid Weapons Charges in Wisconsin | Wisconsin Weapons Facts

 

Know the Facts to Avoid Weapons Charges in Wisconsin

Many Americans carry weapons for self-defense, hunting, or recreation. But each state has its own laws regarding the ownership, use, and carrying of weapons. Ignorance of local laws can result in unexpected weapons charges if you are found to be in violation of the law even if you didn’t engage in any other criminal activity. Below, we share some important facts about Wisconsin's weapon-carrying laws to help you avoid being brought up on weapons charges.

Facts About Wisconsin Weapon Carrying Laws

Along with the U.S. Constitution, Article I, Section 25 of the Wisconsin State Constitution protects "the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose." However, there are rules surrounding this law that you should be aware of in order to avoid weapons charges.

• Open carry state. Although Wisconsin is an open carry state, there are restrictions on the presence of certain types of weapons in certain areas. For example, you cannot carry a weapon openly inside your vehicle, nor can you possess an automatic weapon and you cannot openly carry it in a public building or anyplace where alcohol is served.
• The Castle Doctrine. The state provides special protections for weapons through Castle Doctrine Specifically, you are free to wield, carry, or store a legal weapon anywhere within your own home.
• Concealed Carry. You must have a concealed carry permit in order to carry a firearm or electric shock device in a hidden location on your person. Any location that is not in sight of the people nearby is considered concealed.
• Explosive Devices. It is illegal to possess any type of explosive device or substance that is intended to disable a person other than pepper spray/oleoresin of capsicum.
• Reciprocity Laws. State reciprocity laws mean that out-of-state licenses are considered legally equivalent to Wisconsin state licenses and provide all of the same privileges.
• Felony Charges. A felony charge from any state negates firearms privileges in the state.
• Domestic Abuse. Anyone who has received an injunction against them for domestic abuse is unable to own or possess any type of dangerous weapon.
• Weapons Modifications. Intentionally modifying a weapon to make it more dangerous is specifically outlawed in the state. As is possessing a machine gun or weaponizing a drone.

Weapons Charges Can Result in Misdemeanor or Felony Convictions

If you are arrested for violating a Wisconsin weapons law, you could be charged with a felony or misdemeanor. It all depends on the type of weapon that was involved, where the incident occurred and the particulars of the situation in question. Penalties range from thousands of dollars in fines and jail to prison time. Finally, if you are arrested or ticketed under state weapons laws, your weapon may be confiscated as evidence. If it is an illegal weapon, you will not get it back.

Weapons Charges Defense at Eisenberg Law

Building a defense against weapons charges depends on the specific facts of the case, the evidence against you, and your criminal record (if any). It is never a good idea to try and defend yourself against these types of charges. There are many nuances in case circumstances as well as existing laws and past cases that could help or hinder your case. You need the expertise of a Wisconsin criminal defense attorney to help you research past cases, apply legal precedent to your case, and then argue those points effectively in court.

The criminal defense attorneys at Eisenberg Law Offices are experienced and effective advocates for our clients. We can help you fight Wisconsin weapons charges by building a defense that fits your situation. Contact us for a free, confidential, and no-obligation consultation today. Arrange your consultation at Eisenberg Law Offices by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/avoid-weapons-charges-in-wisconsin-wisconsin-weapons-facts/

Maximum Medical Improvement And Car Accident Claims

 

What Is Maximum Medical Improvement and How Does it Affect a Car Accident Claim?

Someone who has been seriously injured in a car accident may decide to pursue a personal injury claim to help cover the financial costs associated with their recovery. In many cases, this compensation is desperately needed as medical bills pile up and expenses mount. One thing we caution our clients on is to avoid accepting a settlement or settling their claim too early.

There is a point in recovery called "maximum medical improvement" and settling before this point has been reached can result in the injured person not having enough money to cover all of their medical costs.

What is Maximum Medical Improvement?

Maximum medical improvement (MMI) is a term used by both attorneys and physicians to mark the point in a victim's recovery where treatment plateaus and no further improvement is expected. Sometimes this means that the patient has fully recovered. At other times, it means that there are no further treatment options available to improve the patient's condition; they have recovered from the car accident as best they will be able.

Reaching your MMI is important in personal injury cases because it is at this point that your physician provides a final diagnosis and also a prognosis for future medical care or treatments. Your doctor will be able to tell you if you will be living with chronic pain or require treatments for the rest of your life, for example.

MMI and Car Accident Claims

Many victims feel pressure to settle their car accident claim in order to alleviate the financial and emotional stress of pursuing the claim and dealing with mounting medical bills. However, settling before MMI is reached can reduce the amount of compensation you receive from your claim in two ways.

1. By waiting for your maximum medical improvement to be reached, your attorney will be able to determine your total financial need and provide a more accurate valuation to support your claim. Settling before MMI is reached can result in not having the funds needed to cover not just your current and near-future medical costs, but also lost wages, pain and suffering, emotional trauma, and the long-term costs associated with your condition.
2. Once a settlement has been reached and accepted, you are unable to file for further compensation. This is true even if new expenses arise in the future. If you settle before your MMI is reached, you are all but certain to incur additional medical expenses because you know you're not fully recovered yet. Not only that, before MMI is reached, you have no idea what your future ongoing medical needs will be and won't be able to prove a need to obtain compensation for them.

Work With Eisenberg Law to Maximize Your Car Accident Compensation Claim

Although it is difficult, waiting in some circumstances is the best policy in car accident compensation claims. Waiting until you have reached your maximum medical improvement provides you with your best chance at obtaining the full amount of compensation you need. Your Eisenberg Law attorney will consult your medical care team to determine when MMI has been reached and what future care needs will look like. Our team will then analyze future costs and use that information to develop an accurate and fair valuation of need to use in your claim.

Don't shortchange your future by settling an accident claim too quickly. Contact Eisenberg Law Offices for advice and representation. We will ensure you are fairly compensated for your injuries so your future is secured.

Discuss your situation with one of our car accident attorneys in a free and confidential consultation by calling 608-256-8356 or emailing info@eisenberglaw.org today.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/maximum-medical-improvement-and-car-accident-claims/

Be Careful With Takeout Alcohol – Wisconsin Has an Open Container Law

 

Wisconsin has an open container law, and it hasn’t been suspended because of the pandemic. It’s very much in force, and if you’re getting alcohol to go from a bar or restaurant, you have to be very careful not to violate the law accidentally. And unfortunately, that’s easy to do if you’re not used to taking a prepared alcoholic drink away from the place where you’d normally drink it.

The open container law is simple: No open containers of alcohol inside a vehicle on a public roadway. An open container is one that has a broken seal, no lid or other closure, or that has only part of the contents left in it. A beer bottle that you opened but did not drink from is an open container. A bottle that you drank from and then closed up is still an open container in the eyes of the law because it’s now missing part of its original contents.

You’re allowed to carry sealed containers of alcohol in the passenger cab of the vehicle, so taking that alcohol home in your car is legal. However, you can’t open the container in the car when the vehicle is on a public roadway, even if you just want to smell what’s in the container and not actually drink. It doesn’t matter if you’re a passenger; no open containers allowed in that vehicle when it’s on a public roadway. That includes being parked on the side of the road.

If you have an open container and want to take it home, you’ll need to close it and then place it somewhere that isn’t a passenger compartment. The trunk is usually the only part of the car that’s acceptable.

If you’re caught with an open container, you’ll not only be charged with violating that law, but the police may want to test you for intoxication. With an open container in the car, it’s possible you’ve taken a sip of that alcohol while driving.

If you’re being charged with violating open container laws, or are facing DWI charges, contact Eisenberg Law Offices at (608) 256-8356. These are serious charges, and you’ll need legal representation as your case progresses through the legal system.

This post was originally published at https://www.eisenberglaw.org/be-careful-with-takeout-alcohol-wisconsin-has-an-open-container-law/

Aiding, Abetting, and Partner-in-Crime Laws in Wisconsin

 

Tune into any crime show on TV and you’ll hear the term “aiding and abetting” at some point. These two terms are usually mentioned together and are often treated as one charge, but they are different crimes. Aiding and abetting can land you in jail even if you didn’t participate in the actual committing of a crime. However, unlike on many TV shows, aiding and abetting in Wisconsin applies to active help, and not just being an unwitting bystander.

Aiding someone with a crime is what it sounds like; you’re aiding, or helping, someone commit a crime. This can be actions like driving a getaway car, letting someone in through a door that’s for staff only so that person can access the intended crime scene, acting as a lookout, and so on. Abetting is encouraging the person to commit a crime, such as goading them on as they commit the crime or even just encouraging them to do it when they’re merely thinking about it.

To be guilty of aiding and abetting (one, the other, or both), you have to know what you’re doing and what could result from your actions. Someone who lets a criminal into a building through a limited access door in order for that person to commit a crime is guilty of aiding. Someone who holds the door open for someone entering a building without knowing that the person is planning to commit a crime is not aiding.

If you’re facing a charge of aiding and abetting, contact Eisenberg Law Offices immediately at (608) 256-8356. You need help fighting those charges – do not assume everything will be fine and that you won’t need legal representation.

This post was originally published at https://www.eisenberglaw.org/aiding-abetting-and-partner-in-crime-laws-in-wisconsin/

How Does Fault Affect Accident Insurance Claims and Payouts?

 

Fault in an accident has a greater effect on personal injury insurance payouts and court awards, depending on the state in which the accident happened. States deal with fault in two ways; one is the fault/no-fault insurance divide, and the other involves comparative negligence. Wisconsin is not a no-fault state, but a state that compares the negligence of the parties.

The Fault/No-Fault Insurance Model

States follow either a fault or a no-fault insurance model. No-fault insurance is also called personal injury protection. This type of insurance pays out no matter who is at fault for an accident. However, Wisconsin is not a no-fault state; fault in an accident determines what happens with an insurance payout and coverage when a claim is filed.

Contributory and Comparative Negligence

If someone’s been in an accident and sues for damages, contributory and comparative negligence are the models that determine what’s paid out. In comparative negligence, the fault of both parties is weighed and used to apportion damages.

In Wisconsin, contributory negligence may limit the plaintiff’s award. If the plaintiff (the injured person who is suing) is, say, 30 percent at fault for the accident and the defendant is 70 percent at fault, any award or compensation is theoretically reduced by 30 percent. But, if the plaintiff is found to be 60 percent at fault and the defendant only 40 percent at fault, then the plaintiff would receive nothing. In Wisconsin, to receive damages, the plaintiff’s negligence must be less than or equal to the defendant’s.

If you’re planning a personal injury lawsuit and wonder how your actions leading up to the accident might affect your award, contact Eisenberg Law Offices at (608) 256-8356. Speak with a lawyer about how negligence and fault could play into your case.

This post was originally published at https://www.eisenberglaw.org/how-does-fault-affect-accident-insurance-claims-and-payouts/

Why Do You Need a Personal Injury Lawyer?

 

A personal injury lawsuit requires many hours of work and usually at least a little travel to see the site of the accident. It is not an endeavor that you can handle on your own when you’re recovering from injuries sustained during the accident. A personal injury lawyer can take over the duties of gathering evidence, looking for legal precedents, handling settlements, and more.

A personal injury lawyer will handle any type of case that involves an injury to a person that occurred due to someone else’s negligence. This can be an injury due to a car accident, dog bite, slip and fall, bike accident, and so on. For example, you’re walking through a store and slip on a surface that’s wet from a spill, where there are no “wet floor” or “caution” signs and no one warned you about the spill. That could be seen as negligence on the store’s part, and you could file a personal injury lawsuit. However, let’s say you were walking through that store, saw but ignored all the “wet floor” signs, and tried to floor-skate through the wet patch past those signs. If you fall, you can’t really blame the store, and a personal injury lawsuit likely wouldn’t be applicable.

A personal injury lawyer will look at what types of compensation might apply to your case, too. You might think that you just want your medical bills paid. However, the lawyer may find that you could get compensation not only for medical bills but also for lost wages, emotional damages or pain and suffering. They can find legal precedents to support your case and help you figure out if a settlement offer is worth taking.

If you’ve been in an accident and suffered an injury that you think is due to someone’s negligence, contact Eisenberg Law Offices at (608) 256-8356. Please don’t try to handle a personal injury case on your own. Get good legal representation for the best outcome.

This post was originally published at https://www.eisenberglaw.org/why-do-you-need-a-personal-injury-lawyer/

Can Police Search Your Cell Phone | Search and Seizure

 

Is it Legal For Police to Search Your Cell Phone?

Cell phones contain all the details of our lives in text, images, account numbers, and more. You should always be wary of a police search of your cell phone. As an item of personal property, cell phones are protected by the Fourth Amendment to the U.S. Constitution, but that does not mean cell phones can never be searched. In some cases, it is perfectly legal for police to search your cell phone.

Fourth Amendment Protections

The Fourth Amendment protects against “unreasonable searches and seizures” and allows searches only if the law enforcement agency has a warrant or you give consent. Since your cell phone likely contains very personal and private information, it is no surprise that many people are reluctant to allow a police search of the phone. Not only is there a chance of confidential information being seen or exposed, if an officer sees something on your phone, it could create an opportunity for the police to search other property like your home or car.

If a police officer asks to see your cell phone, you can and should ask to see their search warrant. Your phone is your property, much like your home and just like your home, police need a warrant to search it. Even if you are arrested, your phone cannot be searched without a warrant.

When Can Police Search Your Cell Phone?

Although you do have Fourth Amendment rights protecting your cell phone, there are times when it is legal for police to search your cell phone without a warrant.

1. You gave the officer consent to search the phone.
2. It is an emergency situation that makes the officer believe that the evidence is in danger of being destroyed.
3. The officer needs to search the phone because people are in immediate danger.
4. The officer can see evidence on your phone in plain view, which qualifies as probable cause.

Contact A Criminal Defense Attorney If Police Want To Search Your Cell Phone

If you have been arrested, if your cell phone has been searched, or if the police ask to search your cell phone, your first call should be to an experienced criminal defense attorney. An attorney will help ensure your rights are protected from the very start and that you don’t unintentionally make your situation worse by providing police with evidence accidentally.

Contact the criminal defense attorneys at Eisenberg Law Offices for representation and advice. We represent clients throughout Wisconsin and offer free consultations. Arrange your free consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/can-police-search-your-cell-phone-search-and-seizure/

Reasonable Person Standard | Personal Injury Claim

 

Applying the Reasonable Person Standard in a Personal Injury Claim

A personal injury claim often hinges on whether or not the plaintiff’s legal team can demonstrate that the plaintiff was harmed due to the actions of the defendant. Part of that process often means proving that the defendant did not act as a person in the same or similar circumstances would be expected to act. To help prove this point, attorneys rely on the reasonable person standard.

This standard establishes a basis against which a defendant’s actions can be compared. Even though the “reasonable person” is fictitious, the comparison helps jurors visualize the situation and the corresponding actions in context.

Using the Reasonable Person Standard in a Personal Injury Claim

Proving negligence using the standard requires the plaintiff’s attorney to demonstrate how a reasonable person would have behaved in similar circumstances and how the defendant’s failure to do so caused injury to his or her client. To prove this, the attorney must demonstrate:

1. That the potential for harm was foreseeable.
2. That the defendant was aware or should have been aware that his or her actions or inactions were wrong.
3. The alternative actions that a reasonable person in the same or similar situation would have taken.

If the attorney is unable to prove the points listed above, then the plaintiff may lose their opportunity to obtain compensation for their injuries.

Claims Where the Standard is Commonly Used

There are two types of injury claims that often apply the reasonable person standard: car accident claims and property liability claims.

• Car Accident Claims. Proving liability in these claims often relies on proving that a “reasonable person” would not have driven as the defendant did.  A reasonable person would not endanger him or herself or others, but the defendant did. Therefore the defendant did not meet the reasonable person standard and should be held liable for the accident damages and injuries suffered.

• Property Liability Claims. These are often slip and fall cases or other injury claims where a person is injury at a place of business due to the property owner’s negligence. A reasonable person would take steps to maintain the business by fixing known hazards, cleaning up spills or wet floors, replacing broken lights, providing security for the safety of visitors, etc.

Representation in a Personal Injury Claim

Applying the reasonable person standard in a personal injury case requires the help of an experienced personal injury attorney. Our team has decades of experience handling personal injury claims in Wisconsin and securing compensation for our clients.

Find out if you are eligible to pursue a personal injury claim by arranging a free consultation with  Eisenberg Law Offices. Schedule your consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/reasonable-person-standard-personal-injury-claim/

Wisconsin Disorderly Conduct Charges | Eisenberg Law Offices

 

Answers to 5 Common Questions About Disorderly Conduct Charges in Wisconsin

Disorderly conduct charges are  common:  Wisconsin classifies disorderly conduct as a Class B misdemeanor which is punishable by up to 90 days in jail and $1,000 in fines. Disorderly conduct can stem from many different situations and is not limited to domestic situations.

Wisconsin defines disorderly conduct in state statute 947.01 as:

"Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor."

This is a very broad and vague definition which essentially means that anyone who behaves in a manner that causes a disturbance can be charged with disorderly conduct. Due to this broad definition and the subjective nature of the charges, it is no surprise that Wisconsin residents have questions about disorderly conduct charges. Below, we address 5 of the most common questions we hear.

5 Questions About Disorderly Conduct Charges in Wisconsin

1. I Didn’t Disturb Anyone. Can I Still Be Charged With Disorderly Conduct? In short, yes. Under Wisconsin law, you do not need to actually disturb anyone with your conduct in order to face disorderly conduct charges. The conduct simply has to be the type of behavior that could cause a disturbance.
2. Can Speech Be Considered Disorderly Conduct? Although we do have free speech protections under the Constitution, sometimes speech alone can qualify as disorderly conduct. The key consideration is whether or not the speech served no purpose other than to disturb others. This issue was decided in State vs. Day (2001), which found that when the speech is not an essential part of "any exposition of ideas, when it is utterly devoid in social value and when it can cause or provoke a disturbance..." disorderly conduct charges are appropriate.
3. What Happens if I am I Arrested for Disorderly Conduct? If you receive a misdemeanor charge for disorderly conduct, you will usually be allowed to post bond and be released the same day. The exception is if the charges involved a domestic partner. If it did, you will most likely go to jail. If you can't post bond or are charged with a felony, then you will remain in jail until it is your turn to see a judge. Do not ignore any citations related to disorderly conduct. A "Wisconsin Uniform Misdemeanor Citation" is not just a ticket. It is a criminal charge that requires you or your attorney to appear in court on the specified date.
4. Can I Be Charged with Disorderly Conduct Just for Carrying a Gun? Wisconsin does not consider it a violation of the disorderly conduct statute to load or carry a firearm or being armed with a firearm or knife. This is regardless of whether the gun is loaded or if the weapon is concealed or openly carried. In order to be charged with disorderly conduct, additional circumstances would have to exist that indicated that the person had criminal or malicious intent.
5. Why Do I Have a No Contact Order? When disorderly conduct charges arise from a domestic disturbance, they are usually accompanied by a No Contact Order also called a "72 Hour no Contact Provision". This means you cannot have any contact with the other person involved in the dispute for 72 hours. Violation of this order will result in a separate criminal charge.

Contact Eisenberg Law Offices For Disorderly Conduct Representation

As a misdemeanor crime, disorderly conduct charges do require you to appear in court. It is best to do this with professional legal representation by your side. From your very first appearance, you will be inundated with questions and legal explanations. Not knowing how to answer these questions or navigate the court system can lead to misunderstandings, additional charges, or higher bond amounts.

Let the criminal defense team at Eisenberg Law Offices help you. Our criminal defense attorneys represent people throughout Wisconsin as they fight disorderly conduct charges and related domestic charges. We will make sure your rights are protected and build a strong defense that keeps your best interests in mind. 

Arrange a free and confidential case consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

as originally published at https://www.eisenberglaw.org/firm-overview/articles/wisconsin-disorderly-conduct-charges-eisenberg-law-offices/

Personal Injury Documentation | Personal Injury Attorney

 

How Personal Injury Documentation Supports Your Claim

Personal injury cases often come about because the injured party needs to obtain compensation to help pay for the medical costs of their recovery or to replace income that has been lost due to an inability to work. In order to win the case, injury attorneys must prove many things. This requires providing strong evidence to support the claim. Personal injury documentation is one example of such evidence and it can be invaluable in proving injury.

Keeping an Injury Journal

Creating an injury journal is the easiest way to keep all of your personal injury documentation in one place. Your injury journal is not a diary where you may record how you are feeling and how your recovery is progressing. You can include this information but keep it short and factual. Use the journal to include important details about the accident, your injuries, treatments, and recovery. Start your journal soon after the accident since details can fade with time.

Examples of relevant details to include in your personal injury documentation are:

• The date, time and place of the accident.
• Weather conditions, if applicable.
• Your actions/activities right before the injury occurred.
• What, if anything, you remember the other party doing right before the accident.
• Anything the other party said to you after the accident.
• Names, jurisdictions, and badge numbers of police and first responders.
• Medical treatment received at the accident site and if you had to go to the hospital.
• Tickets or citations that were issued at the scene.
• Names and contact information of accident witnesses.

Documenting Medical Care

It is also important to document the medical care, treatments, surgeries, and prescriptions you receive due to the injury. Include whether or not they are helping or how treatment/care has changed with time.

Medical care includes:

• Doctor visits
• Surgeries and medical interventions
• Physical therapy
• Medications, dosage and frequency, and whether they are helping or not
• Specialist care like mental health care
• Medication side effects

Daily Pain Diary

Tracking your daily pain levels also supports personal injury documentation. By recording your pain levels regularly, your attorney can demonstrate the extent of your pain and suffering and how well or poorly you are recovering from it. You do not want to exaggerate your pain, but you also don't want to downplay it. Keep yourself honest by answering these questions in your journal:

• Where am I experiencing the greatest amount of pain?
• Are there other symptoms accompanying my pain?
• Are my symptoms constant or do they seem to come and go?
• What is the severity of my pain or symptoms on a scale of 1 to 10?

Document Changes to Your Life

You should document more than just the injuries suffered and the treatments received. Include information about how the injury impacted your life. Did you have to take time off of work? What were the dates? If you went back to work but had to take time off for doctor's visits, keep track of those dates and times.

Did the injury affect your life in other ways? Have they affected your ability to drive? Do household tasks? Care for yourself? Did you have to give up any hobbies or exercise? Have the injuries affected your sleep or caused intimacy problems? Have the injuries affected your relationships with friends and family or colleagues? Are you suffering emotionally due to the injury and/or the changes it has caused in your life?

Personal Injury Documentation Can Be Used As Evidence

Remember, you are maintaining this journal to use the information inside of it as evidence. When the journal is submitted as evidence, everything in it can be examined and used, even by the defendant's attorneys. Be honest and accurate in your entries. Write legibly and date each entry. The more organized and comprehensive your journal is, the more effective it can be in supporting your claim.

Schedule a Free Consultation With Eisenberg Law Offices

Discuss your legal options with a personal injury attorney at Eisenberg Law Offices. We offer free consultations where we will discuss our services and whether or not you have a case. Personal injury cases operate on a contingency basis which means there are no costs to you unless you win your case.

Contact our office at 608-256-8356 or info@eisenberglaw.org to schedule your free consultation.

This post was originally published at https://www.eisenberglaw.org/personal-injury-documentation-personal-injury-attorney/

Is Possessing Drug Paraphernalia a Crime in Wisconsin?

 

Can I be arrested for drug paraphernalia in Wisconsin?

You might think merely possessing drug paraphernalia like a pipe or decorative bong would be legal as long as you weren’t using it or selling it, but that’s not always the case. Both Wisconsin and federal law have strict statutes against possession of drug paraphernalia with the intent to use, but because your real intent might not always be clear, you could find yourself in trouble.

Intent to Use

The real question regarding possession of drug paraphernalia is whether you intend to use it, either to ingest or inhale something, or to grow or prepare something. If you have an ornamental bong that clearly can’t be used to actually smoke anything, you can’t be charged with possession of drug paraphernalia under the law as currently written. However, initial confusion about whether the paraphernalia could be used could result in charges until you prove that the items aren’t usable.

Of course, if you did intend to use the paraphernalia, that’s a different story. Merely possessing the items could see you in jail for up to 30 days and/or fined as much as $500. Actually using or selling the items could get you more severe penalties.

Mitigating Factors

You’re obviously going to want to reduce the charges or have them dismissed if possible, so looking for mitigating factors will be one of the tasks you and a lawyer need to look at. If you can’t prove that the paraphernalia wasn’t meant for use, can you prove that it was someone else’s? Did the police search you without cause? Did you say you were going to use the items because you were under duress as the police questioned you?

All of these could potentially get the charges dropped, but you need to speak with a lawyer first. Contact Eisenberg Law Offices at (608) 468-6595 to arrange for an appointment.

This post was originally published at https://www.eisenberglaw.org/is-possessing-drug-paraphernalia-a-crime-in-wisconsin/.

Are There Alternatives to Jail for Drug Offenders in Wisconsin?

 

Drug diversion and treatment alternatives instead of jail time

Treatment Alternatives and Diversion programs (TAD programs) help drug offenders receive treatment instead of locking them away. Drug crimes vary in severity, and some, such as distribution or smuggling, can land you in prison. However, if you were convicted only of possession or using drugs, jail and prison may not be the best places for you. Instead, treatment could be what you need, and in Wisconsin, it is possible to be placed in a TAD program instead of prison.

Why Treatment Is Better

No matter how normalized drug use has become, it’s still detrimental to your life. Your health can suffer, you could lose your job, and your family and friends could leave you over your behavior. Unfortunately, drug use is addictive – it’s not something many people can just stop because they want to. They need help, and if you’re in this group, you’re not going to find that help by sitting in prison.

Wisconsin recognizes this and allows judges to place offenders in these TAD programs if the judge decides the offender would improve with treatment. The offender has to want to go into the program, too, but given how crowded prisons can be, a diversionary program would likely seem like the better option even for those offenders who weren’t interested initially in treatment.

In Wisconsin, treatment programs are run at the county level and may have different focuses. Some may focus only on drunk driving; others may focus on treatment for both drug addiction and mental health issues. Yet others combine treatment with employment counseling.

Your lawyer can help advocate for you to enter a diversionary program instead of being sent to prison. Contact Eisenberg Law Offices at (608) 256-8356. Our lawyers can help you evaluate the benefits of a TAD program given your situation.

This post was originally published at https://www.eisenberglaw.org/are-there-alternatives-to-jail-for-drug-offenders-in-wisconsin/.

Why and When Do the Police Have to Know About My Car Accident?

 

Do I have to report a car accident to the police?

Wisconsin laws require you to contact police after you’ve had an accident if the accident meets certain conditions. Even if it doesn’t meet those conditions, you may still want to call the police. Getting a police report after an accident can help your insurance company handle payouts more accurately, and if the accident results in a court case, a police report could be the key to getting personal injury compensation.

Wisconsin Requirements

There are three specific circumstances in which you have to call the police after an accident. If anyone is injured, you need to call; if you damage a vehicle or property to the tune of $1,000 or more; or if you do $200 or more in damage to any government-owned property. You’re likely not going to be able to quantify just how much damage you’ve done in dollars after an accident, so it’s best to call police anyway and let them decide whether to file a report. If they don’t file one, there’s a report form you can file yourself.

What if There’s Little Damage and No Injuries?

Technically you don’t need to call police to the scene if there’s obviously little damage and no one’s been injured. However, again, you don’t know what the value of the damage really is unless you happen to work as an insurance adjuster.

Also, keep in mind that injuries from accidents don’t always show up right away. The adrenaline rush from the accident can make you feel a lot better than you really are. It isn’t until several hours later, or even later in the week, until the bumps and bruises start to show. You could find that your back or neck have begun to hurt. In that case, you would need the police report should you end up pursuing compensation in court.

If you’ve been injured or need to seek more compensation for damage from an accident, contact Eisenberg Law Offices at (608) 256-8356. Just because you felt fine right after the accident doesn’t mean you’re not allowed to receive proper compensation.

This post was originally published at https://www.eisenberglaw.org/why-and-when-do-the-police-have-to-know-about-my-car-accident/.

Steps to Take Immediately After a Bike Accident

 

What to do immediately after a bike accident

What might be a minor incident between two cars can be much worse if one of the affected parties is on a bicycle because the cyclist lacks the protection of a car body. If you are a cyclist and end up being hit by a car, there are some immediate steps you need to take.

Stop Any Bleeding and Get out of Traffic

Safety first. Get out of the way of oncoming traffic and do your best to stop any bleeding. Of course, if the accident is severe, you might not be able to move; just do what you can to make yourself as safe as possible.

Call Police

Chances are that police will need to be called to the scene. In Wisconsin, police need to be notified about an accident if anyone is injured, and in a bike-car accident, injury is likely. The amount of damage may also require police presence. If someone is hurt, call 911; if property damage is the only issue, you might be able to call a non-emergency number for the police instead.

Trade Information

As with any accident, your insurance companies are going to need information. Trade contact and insurance information with the other party (if you were the cyclist and don’t have car insurance because you don’t drive, you can still get the other party’s insurance info).

Take Photos of the Scene

If you can, take photos of the accident scene before you leave. Get the car’s plate number and make/model, take shots of the bike and any property damage, and see if you can get some wide-angle shots of the area in general. If you can’t do that at the time of the accident, go back to the area later to take pictures.

Keep Evidence Intact

Don’t repair your bike or clean the clothes from the accident until your lawyer says it’s OK to do so. Try to wear different shoes, for example, so you can preserve the condition of the ones that were in the accident.

If you’ve been in a bike accident and are thinking of filing a personal injury lawsuit, contact Eisenberg Law Offices. You need good legal representation throughout the entire process. Call us at (608) 256-8356 to set up an appointment.

This post was originally published at https://www.eisenberglaw.org/steps-to-take-immediately-after-a-bike-accident/.

Beat Domestic Violence Charges | Wisconsin Abuse Attorney

 

Beat Domestic Violence Charges in Wisconsin With Help From Eisenberg Law

Even though domestic violence charges do not always lead to a conviction, they can still wreak havoc with your life. As soon as you are charged with domestic violence in Wisconsin, you may face suspicion.  Friends and neighbors may start to avoid you, a no-contact order may be entered, and you might even be prevented from seeing your kids or living in your own home. If you are convicted, the repercussions are even worse. It’s not uncommon for people to have difficulty finding employment or renting a house or apartment if they have a domestic violence conviction.

The best way to protect your reputation and beat domestic violence charges is with help from an experienced attorney. The criminal defense attorneys at Eisenberg Law Offices can help you by ensuring you receive due process and by defending you against the charges in court.

2 Important Facts About Domestic Violence Charges in Wisconsin

Domestic abuse charges are more complex than they first appear. Here are two important facts about domestic abuse charges that you should know.

1. In Wisconsin, domestic violence charges always occur alongside another charge, usually disorderly conduct. Domestic violence falls under the category of domestic abuse but may also be referred to as spousal abuse or family abuse/violence.

• Domestic abuse is distinguished from the more general assault or battery by the nature of the relationship between the victim and the perpetrator. To qualify as domestic abuse, the two people must have a “domestic relationship.” This can mean many things, including belonging to the same household, being romantic partners (married, dating, or divorced), family members or roommates, or have a parent/child relationship.

What Qualifies As Domestic Abuse?

Domestic abuse includes all of the same actions or aggressions as assault or battery, including:

• Causing intentional pain, illness, or injury to the other person.

• Sexually assaulting another person.

• Causing the other person to fear that they will be physically harmed by you.

• Intentionally impairing the other person.

Domestic violence charges will reflect the specific act(s) of violence committed and any penalties incurred will be based on those specific charges.

Don’t Fight Domestic Abuse Charges On Your Own

Fighting domestic abuse charges is an uphill battle, especially if you try to do it on your own. These are typically highly emotional situations and victims often receive more sympathy than the alleged violator, which can make it hard to successfully argue your case on your own.

The good news is you do not have to face these charges by yourself. The domestic abuse attorneys at Eisenberg Law Offices are here to help. We have been representing clients in Wisconsin for over  35 years and have a strong track record of success. Our defense attorneys understand the way charges are made, how the Wisconsin legal system works, and which strategies can best protect you.

If you are charged with domestic violence, contact our team right away. Don’t try to contact the victim or speak to the police without an attorney present, as you may incriminate yourself.

Call us at 608-468-6595 or email us at info@eisenberglaw.org to arrange a free consultation.

This post was originally published at https://www.eisenberglaw.org/beat-domestic-violence-charges-wisconsin-abuse-attorney/.

Proving Liability | Wisconsin Slip And Fall Cases

 

Proving Liability in Wisconsin Slip and Fall Cases

Slip and fall injuries may be common, but that does not mean they are minor. Very serious injuries can occur when a person slips and falls. Beyond bumps and bruises, victims can suffer from broken bones, dislocations, and even concussions.

In some situations, it is possible that another party is at fault for the incident. Proving liability in these types of cases is not guaranteed. It’s not enough to demonstrate that the victim fell and was injured due to a hazardous condition. Instead, victims must prove that the defendant knew or should have known about the hazard that resulted in the accident and did nothing to rectify the situation.

In Wisconsin, there are two ways that victims try to prove liability and recover damages from a slip and fall injury. Victims can pursue claims under negligence theories or the Wisconsin Safe Place Law.

Negligence Theory

Wisconsin operates under common-law theories of negligence. That means that everyone in the state, resident or not, has a legal duty to act with care towards others. In a slip and fall situation, it means that the property owners and/or possessors have a legal duty to ensure the property is not dangerous.

When proving liability under the negligence theory, victims must prove that their injuries were caused by a preventable hazard. They must also prove that:

1. the property owner knew or should have known that the hazard existed,
2. had reasonable time to correct the situation, and
3. did not attempt to fix the hazard.

The Wisconsin Safe Place Law

The Wisconsin Safe Place Law is the second way a victim can pursue a slip and fall case. This law requires all employers and owners of public buildings to ensure the property is as safe as possible for both employees and customers/visitors. The law does not apply to private property.

This law creates a higher standard of care than traditional negligence claims because traditional negligence laws only require protection from known hazards and dangers. The Safe Place Law goes much further than that, requiring owners to do everything possible to protect anyone on the premises and adopt reasonable safety practices and procedures.

Proving Liability May Require the Help of a Slip and Fall Attorney

Proving liability is difficult and puts the burden of proof on the victim. Whether you choose to pursue a claim under negligence theories or the Safe Place Law or against a public or private property owners, the personal injury attorneys at Eisenberg Law Offices in Madison, WI are here to help.

Contact us at 608-256-8356 or info@eisenberglaw.org to discuss your case in a free and confidential consultation.

This post was originally published at https://www.eisenberglaw.org/proving-liability-wisconsin-slip-and-fall-cases/.

Penalties For Driving With Suspended License in Wisconsin

 

Expect Hefty Fines and Penalties When Driving On a Suspended License

Driving on a suspended license may seem like no big deal, but it’s illegal in Wisconsin. Drivers who continue to break the law in this manner could be charged with a misdemeanor or a felony, depending on the circumstances of their arrest. They also face a wide range of penalties, including loss of property and heavy fines.

Has Your License Been Suspended or Revoked?

A license that has been suspended is different from a license that has been revoked. A suspension is only a temporary loss of your driving privileges. A license revocation is more serious as it is the permanent loss of your driver’s license.

It is often possible to reinstate your driving privileges after a suspension or revocation. You will need to check with the Wisconsin Division of Motor Vehicles to find out if you are eligible and what kind of information you will need to provide to have your license reinstated. At a minimum, you can expect to have to provide:

• Proof of insurance
• Payment for a reinstatement fee
• Your Wisconsin driver’s license or ID card number
• Basic personal information such as date of birth, the last four digits of your SSN

When Can A License Be Suspended?

Drivers may have their license suspended for many different reasons. Some of the most common reasons for a suspension are:

• Numerous and repeated traffic violations.
• Driving without insurance.
• Habitual reckless or negligent driving.
• Receiving 12 or more demerit points on your license within a 12-month period.
• Receiving OWIs or other alcohol-related offenses.
• Failure to comply with testing for prohibited alcohol concentration (PAC).

Fines and Charges

If you are caught driving on a suspended license in Wisconsin, you can expect to be fined. Fines start at $50 and increase from there to as much as $2,500, depending on the circumstances. Sometimes, drivers face additional charges and even criminal charges. One example of this is if they are driving with a suspended license and get pulled over for an OWI. Driving with a revoked license is always a criminal charge. Criminal charges result in higher fines and carry more severe penalties, including jail time.

If you damage property or injure someone while driving with a suspended or revoked license in Wisconsin, you may lose your car in addition to paying fines and penalties and could face misdemeanor or felony charges. If you were aware of your license suspension or revocation before the accident or injury, you will be dealt with even more severely. You may be charged with a Class I or Class H felony. Both of these charges carry extremely high penalties, such as a $10,000 fine and as much as 6 years in jail.

If You Have Been Caught Driving With A Suspended License In Wisconsin, Contact Eisenberg Law

If you depend on your ability to drive to get to and from work or school, driving on a suspended license is risky. If you get caught, you could lose your license, lose your car, and face heavy fines and penalties. Do not leave anything to chance. Contact the attorneys at Eisenberg Law Offices for help getting your suspension cleared so you can drive legally. If you have been caught driving on a suspended license, contact us for help understanding the case against you and your legal options.

We offer free consultations and work with clients throughout Wisconsin. Call Eisenberg Law Offices at 608-256-8356 or email us at info@eisenberglaw.org to arrange your free and confidential consultation.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/penalties-for-driving-with-suspended-license-in-wisconsin/.

Car Accident Compensation | Car Accident Chronic Pain

 

How To Obtain Compensation For Chronic Pain After A Car Accident

A car accident can cause injuries of many different types and severities. Images of accident victims lying on a stretcher as they are loaded into ambulances fill news reports after serious accidents in Wisconsin. You can’t help but feel the accident victim’s pain. Ideally, victims will recover from their injuries and move on with their lives free of pain, but that doesn’t always happen.

Many accident victims suffer from chronic pain that can be debilitating and last for years or even the rest of their lives. Chronic pain is insidious because it can be incredibly life-altering, and yet, it’s invisible to the naked eye. Car accidents victims should know that if they have developed chronic pain after the accident, they could be connected. If the accident was caused by someone else’s actions or negligence, you might even be eligible for compensation for your pain and injuries in the State of Wisconsin.

In this post, we’ll share some examples of chronic pain conditions that can arise after a car accident and explain how to prove the connection between the accident and your pain in a Wisconsin court.

Defining Chronic Pain

Feeling pain after an automobile accident is normal and expected, especially if you have been injured. When that pain does not improve or go away after the injury heals or lasts longer than 6 months, it is considered chronic and victims may be diagnosed with Chronic Pain Syndrome (CPS). Chronic Pain Syndrome is a complex condition that can affect many different systems of the body. It is an evolving area of study that is not yet fully understood.

Common Chronic Pain Conditions

CPS is just one example of a chronic pain condition that can result from a car accident. Other conditions that may occur include:

• This condition has a range of symptoms that include muscle pain and stiffness, cognitive problems, anxiety, depression, and chronic fatigue.
• Complex Regional Pain Syndrome (CRPS). Often stemming from a nerve injury, CRPS can be debilitating. Victims may feel like their body is burning or have shooting pain, muscle weakness, spastic muscles, or skin discoloration.
• Chronic Fatigue Syndrome (CFS). CFS often occurs in conjunction with chronic pain. Being in constant pain can be exhausting, but CFS is more than that. It is a degree of fatigue that is debilitating and exacerbated by joint and muscle pain.

Proving Chronic Pain in Court

If you are pursuing compensation for chronic pain in a car accident lawsuit in Wisconsin, you will need to provide evidence that supports your claim. An experienced car accident attorney can help you recover compensation for your pain and will almost always be able to recover more compensation than you will be able to recover on your own.

Your attorney may provide any of the following types of evidence to support your claim:

• Medical records. An official diagnosis and/or proof of injury will be the starting point of your evidence trail. This is why so many accident attorneys advise their clients to see a doctor after they have been in an accident, regardless of how they feel at the time. The medical records from this check-up can be used to prove you were injured and on what date the injury was first noted.
• Expert testimony. Your attorney may call in medical experts to discuss your injury and/or pain. They can provide unbiased reporting and information about your injury, which lends credibility to your claim.
• An injury journal. If you do have been injured or do notice you are feeling pain frequently, see your doctor and start an injury journal. Use this journal to record how you feel each day and how the pain or injury is affecting your daily activity.

Wisconsin Car Accident Attorneys Who Advocate For You

We have all heard of compensation being awarded for “pain and suffering.” Chronic pain would fall into this category. Simply telling an attorney or judge that you are in pain and believe it is from a car accident is not enough to receive compensation in the State of Wisconsin. You must prove cause and effect as well as negligence.

The car accident attorneys at Eisenberg Law Offices in Madison, Wisconsin, help you with this. We can help you build your case by collecting evidence, interviewing witnesses and medical professionals, and ensuring all appropriate legal avenues are explored to improve your chances of obtaining compensation.

Contact our office by calling 608-256-8356 or emailing us at info@eisenberglaw.org to arrange a free consultation to discuss your situation.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/car-accident-compensation-car-accident-chronic-pain/.

What Happens if You're Caught Using a Fake ID?

 

Using a Fake ID can lead to serious charges and penalties

A fake ID is one that isn’t yours but that you’re using as your own ID. This can be a totally fake, manufactured ID with your picture but different personal information, or it could be a legitimate ID that belongs to someone else that you’re presenting as your own. In both cases your use of the ID is illegal as it’s a form of misrepresentation, specifically “falsification of proof of age,” that allows you to skirt laws and evade legal consequences if no one detects that the ID is fake. However, once detected, that fake ID can land you in legal trouble.

Merely using a fake ID is a crime in itself, with penalties ranging from a fine of up to $1,250 and jail time up to 30 days. Even if all you’re doing is trying to buy one beer at a convenience store with your friends, you could end up in jail for almost a month if caught. What’s worse is that, if the court determines that you used the fake ID for monetary gain or other circumstances that the court decides are worth additional penalties, your fines could soar to $10,000, and jail time could increase to up to 3 1/2 years, because now you’ve committed a Class I felony. And yes, this applies even though you’re a minor.

Merely carrying someone else’s ID isn’t a crime; for example, if your friend left her ID at your house and you’re bringing it to her, you’re not doing anything wrong. But if your friend is over 21, say, and you use the ID along the way to buy alcohol, then you’ve committed a crime because you intentionally misused her ID (as well as violating alcohol laws).

If you or your underage family member are facing charges stemming from possessing or using a fake ID, contact Eisenberg Law Offices immediately at (608) 256-8356. A conviction would greatly affect your life, and you need to get legal help now.

This post was originally published at https://www.eisenberglaw.org/what-happens-if-youre-caught-using-a-fake-id/

How to Handle an Aggressive Driver

 

Follow this advice to deal with an Aggressive Driver

Aggressive driving can be annoying, but it can also turn dangerous very quickly. Your behavior behind the wheel greatly affects how an aggressive-driving situation can turn out. While you can’t control all factors, you can remain calm and do your best to get out of the situation unscathed. If you aren’t careful, your chances of being involved in a more violent altercation or an accident increase. And if something you’re doing tends to attract aggressive behavior, you need to know how to safely defuse potential confrontation.

As annoying as it can be to see aggressive behavior, you need to stay as calm as possible. Don’t make hand gestures back, don’t yell, don’t tailgate, don’t use any aggressive behavior toward that other person. That will only escalate the situation, and you never know how short a fuse that other person has. Maybe they get really irritated and then give up – and maybe they get really irritated and brandish a weapon or try to run your car off the road. Calm behavior can end many aggressive situations by not allowing the aggressive behavior loop to continue.

If someone is being aggressive while driving, do what you can to avoid the person. If they cut you off, back off a bit and try to change lanes if possible. Do not “take revenge” by tailgating them yourself or throwing gestures their way.

If someone gets aggressive because of something you’re doing, like traveling too slowly for their taste, this is not the time to try to win a race. Move over if you can and let them pass. Don’t challenge them or stare at them if they yell at you, even if you’re trapped in traffic. When you drive, you have to adopt a go-with-the-flow attitude. This is easier said than done sometimes, but do your best.

If the worst has happened and you’ve ended up injured as the result of dealing with roadway aggression, call Eisenberg Law Offices at (608) 256-8356. Don’t let aggressive drivers get away with harming you as the result of their bad behavior.

This post was originally published at https://www.eisenberglaw.org/how-to-handle-an-aggressive-driver/

How Long Does It Take to Get a Settlement for a Car Accident Injury?

 

Timeframe for getting a settlement for a car accident injury in Wisconsin

A settlement allows you and the other party to avoid going to court. Settlements are often favored for their faster resolution and better terms; they allow the defendant to avoid having an official judgment on their record, and in many cases, the settlement terms allow defendants to avoid admitting guilt. For the plaintiff in these cases, settlements bring relatively quick compensation, but the process of finalizing and paying out a settlement still requires time.

After a car accident, you may find that your insurance and the other party’s insurance either can’t or won’t pay out enough money. Filing a lawsuit is often the only way to get the amount of financial compensation you really need. However, insurance companies and other named parties may not want to spend a lot of time on a lawsuit, either because it could become very expensive for them or because they fear a judgment. In those cases, they may offer a settlement.

Settlements are most likely to occur after the “discovery” phase of the trial (also called the pre-trial hearing). During the discovery phase, both sides can see the evidence, and if your case is particularly strong, the other side may decide to just offer a settlement to end the process. However, settlements can be offered at any time.

Settlements can be accepted, rejected, or negotiated, and you need to let your lawyer do the talking. You’ll get a say in whether to go ahead and negotiate, but let your lawyer handle the details. Your current medical condition, the additional compensation you’re asking for (e.g., emotional distress), and your potential ability to earn money in the future all come into play. Negotiations may be rapid or slow. However, once an amount has been finalized, the money can be transferred within a few weeks.

If you’re facing recovery time from a personal injury and haven’t been able to get the right amount of compensation, speak with Eisenberg Law Offices at (608) 256-8356. You may be able to get a settlement and ease your financial situation quickly.

This post was originally published at https://www.eisenberglaw.org/how-long-does-it-take-to-get-a-settlement-for-a-car-accident-injury/

Wisconsin's Occupational Driver's License Restrictions

 

4 Facts About Wisconsin’s Occupational Driver’s License

Receiving a DUI in Wisconsin is easier than you might expect. The state’s BAC limit is just .08%. That is low enough that two  drinks with dinner could be enough to put you over the limit. If you are pulled over, and the alcohol is still in your system, you can get a DUI and may lose your driver’s license, at least temporarily, and even longer if convicted.

Losing your license can have a ripple effect on your life, especially if you rely on a car to get to and from work. There’s a good chance you could lose or be forced to give up your job if you can’t get there during your suspension. In situations like this, drivers should apply for an Occupational Driver’s License which allows them to drive with certain restrictions. This can be incredibly helpful for workers who need their cars to get to and from their jobs, but you must follow the rules that come with this specialty license, or you may be assigned additional fines and penalties.

Four Important Points About Wisconsin’s Occupational Driver’s License

All Occupational Driver’s Licenses are subject to the following four conditions, but your license may be subject to additional conditions based on your situation.

1. You can only drive during specified hours. The occupational license restricts the hours in which you can drive. These hours will be specified on your license documentation.

• You can only drive for limited purposes. An occupational license is not a temporary license that you can use, just like a regular license. You cannot drive whenever and wherever you want. The documentation will specify when and how you can drive. Typically, this will include only essential trips such as driving to and from work, DUI classes, doctor appointments, and the grocery store.
• You will be limited to driving in certain counties. The court will determine which counties you can drive in. If you must leave the state, the court will determine whether or not to extend your driving privileges outside the state.
• You must have SR22 insurance. An SR22 is a special auto insurance rider that is required of drivers who have an Occupational Driver’s License due to a DUI in Wisconsin. If you fail to maintain your SR22 policy, your insurance company is required to notify the state, and it may be grounds for the court to revoke your occupational license.

Eisenberg Law Provides DUI Help for Wisconsin Drivers

The DUI attorneys at Eisenberg Law Offices can help you fight DUI charges or negotiate the terms of your Occupational Driver’s License. If you have received a DUI and are concerned about losing your license, contact us at 608-256-8356 or info@eisenberglaw.org for help.

This post was originally published at https://www.eisenberglaw.org/wisconsins-occupational-drivers-license-restrictions/

Drowsy Driving Causes Car Accidents | WI Personal Injury

 

Drowsy Driving is a Leading Cause of Car Accidents

Inattentive and distracted driving are well-documented causes of car accidents across the country, including Wisconsin. One lesser discussed example of inattentive driving is driving when fatigued or tired. Drowsy driving is particularly dangerous because drivers are not only distracted but their response times and judgement can also be affected. Drowsy drivers may not recognize dangerous conditions or situations in time to respond, or they may be unable to respond as quickly and effectively as they would be able to if they were well-rested. The National Safety Council reports that driving while fatigued is similar to driving under the influence and can triple a driver’s risk of car accidents. Even a few seconds of inattention is enough to result in an accident.

Symptoms of Drowsy Driving

Recognizing the symptoms of drowsy driving and taking precautions is the best way to prevent fatigue from causing car accidents.

Symptoms of fatigued driving:

• unable to keep your eyes open
• constant yawning
• drifting into other lanes
• trouble remembering exit signs and town names

When you feel tired, pull over for a nap or rest, take a short walk, or visit a restaurant or area attraction to wake your brain up. If you need to drive again the next day, give yourself adequate time to sleep at least 7 hours for adults.

Personal Injury Claims from Car Accidents

When a car accident occurs due to a drowsy driver, there may be grounds for a personal injury claim. Wisconsin operates under a modified comparative negligence law which allows car accident victims to recover damages from the other driver if they are 50% of less at fault for the accident. The victim’s degree of fault will reduce the number of damages received by the same proportion. If you were at fault for 30% of the accident, the damages awarded would be reduced by 30%.

Due to this comparative negligence law, it’s always advisable to have a personal injury attorney representing you in negotiations. The personal injury attorneys at Eisenberg Law Offices help ensure our clients’ cases are appropriately investigated, and all relevant evidence is examined to determine appropriate liability and maximize claim amounts.

If you have been in a car accident where drowsiness was a factor, contact Eisenberg Law Offices at 608-256-8356 or email info@eisenberglaw.org to arrange a free case consultation.

This post was originally published at https://www.eisenberglaw.org/drowsy-driving-causes-car-accidents-wi-personal-injury/

Protests and Disorderly Conduct Charges | Eisenberg Law

 

How Protests Can Lead to Disorderly Conduct Charges in Wisconsin

Like much of the nation, Wisconsin saw an increase in the number of protests held in the state after the 2020 deaths of George Floyd and Breonna Taylor and the resulting societal unrest. In some cases, what began as peaceful protests turned into violent incidents and scary situations for both police and protestors. As a result, the state saw an increase in disorderly conduct charges.

Wisconsin Disorderly Conduct Laws

Disorderly conduct falls under Chapter 947 of Wisconsin State Law. Chapter 947 governs "crimes against public peace, order and other interests," and disorderly conduct falls at the very top of the list. The statute defines disorderly conduct as:

• "Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance."

It is considered a Class B misdemeanor that carries fines of up to $1000 and/or 90 days in jail if convicted. If convicted, you may also lose your firearms privileges, have a restraining order placed against you, be forced to undergo mandatory counseling, and will have a mark on your permanent record which can affect your employment and housing options.

Disorderly conduct charges are difficult to navigate because they are very subjective. A disagreement between neighbors could lead to one party filing charges against the other simply for having a loud party. Even quiet and peaceful protests can lead to disorderly conduct charges if just one person decides to make a formal complaint.

Unlawful assembly is commonly applied against protestors. Unlawful assembly also falls under Chapter 947 and is defined as "a gathering of 3 or more people that causes enough disturbance for law enforcement to believe that it will cause injury or damage to people and/or property". This may include activities that:

• Block roads and highways
• Block sidewalks and/or access points to public or private buildings
• Block access to retail stores, medical providers, grocery stores, etc.

Unlawful assembly is a Class A misdemeanor. If convicted, a person can be fined up to $10,000 and/or may face up to 9 months in prison.

When Protests Lead to Arrests, Call Eisenberg Law

Being arrested for disorderly conduct while protesting often comes as a surprise to participants. It is very easy to get caught up in the action or for police to round up everyone in the vicinity of the disruption without regard for who was actually acting in a violent manner. Remember, simply engaging in protests is not enough to warrant a conviction for disorderly conduct. Given the subjective nature of these types of charges and the stress and emotions at play during the event, it is very easy for a peaceful protestor to be wrongly accused of disorderly conduct. When this occurs, there is a strong chance your charges can be reduced or cleared with the right defense strategy.

If you are facing disorderly conduct charges in Wisconsin, speak with an attorney at Eisenberg Law Offices. We can examine the evidence against you and the charges you are facing to develop a clear strategy that ensures your side of the story is heard.

Contact our office at 608-256-8356 or email info@eisenberglaw.org to arrange a free consultation.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/protests-and-disorderly-conduct-charges-eisenberg-law/

Wrongful Death Lawsuits | Wisconsin Wrongful Death Claims

 

4 Things to Know About Wrongful Death Claims in Wisconsin

It is hard to lose a loved one. It’s harder when someone else's negligence led to the death. Situations like this may be legally considered a wrongful death in Wisconsin which makes it possible for family members of the victim to claim damages for the death from the negligent party. Damages may include medical expenses, loss of income due to the victim's death, and pain and suffering.

Since it is possible to file these lawsuits in Wisconsin, we want to share a few facts about these types of cases.

1. These Deaths Affect the Victim's Loved Ones

The United States did not originally allow wrongful death claims because courts considered the victim to be the one who died. According to the legal system, since there was no victim to bring forth a claim, there was no case. Eventually, the judicial system recognized that a death affects more than the person who died; it also affects family members. States then began to families to file claims in the hopes of obtaining compensation for their loss.

2. The Claims Fall Under Civil Law

Wrongful death lawsuits are governed by civil law. These claims are filed by the decedent's family against the negligent person or party. The lawsuits can only be brought forth by surviving family members or beneficiaries of the victim. In Wisconsin, surviving spouses, domestic partners, children, parents, and guardians of the deceased can file suits.

3. The Burden of Proof is on the Filer

Simply believing another person is responsible for the victim's death is not enough to file a suit. Wrongful death claims must meet the burden of proof, which shows that negligence occurred, led to the death, and that the death caused harm to the victim's beneficiaries. Although every claim is unique, they all seek compensation based on the financial losses suffered by the victim's family. To meet the burden of proof, filers will have to prove:

• Culpability
• Negligence
• That there are beneficiaries, spouses, or dependents
• That the beneficiaries have suffered monetary loss and/or hardship due to the death

4. States Differ in How They Handle Wrongful Death Claims

Claims are governed by state civil law, which means they differ from state to state. Wisconsin allows beneficiaries or their representatives to file claims, but claims must be filed within two (2) years of the victim's death to meet the state's statute of limitations guidelines. Filers must prove negligence and prove damages. Suits may be filed against individuals and/or organizations who caused the victim's death due to negligence.

File a Wrongful Death Claim with Help from Eisenberg Law Offices

If you think you have a wrongful death case on your hands, it's always best to consult an attorney experienced in these types of claims. Not only are you facing the statute of limitations, but you are also navigating a particularly emotional and possibly financially challenging time. Your attorney can look out for you, manage the process to protect your best interests, and negotiate claims on your behalf without feeling the emotional stress you are experiencing.

Trust the personal injury attorneys at Eisenberg Law Offices to be your advocate and guide. We can help you file a claim within the appropriate time frame, collecting all of the necessary evidence and information needed to prove your case, allowing you time to grieve while still pursuing a claim.

To learn more about our services, call our Madison, Wisconsin office at 608-256-8356 or email us at info@eisenberglaw.org to arrange a free consultation.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/wrongful-death-lawsuits-wisconsin-wrongful-death-claims/

Potential Defenses Against OWI Charges in Wisconsin

 

Here are some possible defenses against OWI charges in Wisconsin

Operating while intoxicated (OWI) is a serious charge that can lead to the suspension of your license along with fines and potential jail time. While no one wants chronically intoxicated drivers on the road, you likely aren’t too happy about the prospect of losing your driving privileges and freedom if your arrest was based on faulty or dodgy evidence. Should you find yourself facing charges of OWI in court, you still have some defensive possibilities.

Observations and Witnesses

Police have to make subjective observations of your behavior because it’s always possible that you were OWI with less than the legal limit of alcohol or drugs in your system. In other words, you would have passed a breathalyzer test, but you still appeared intoxicated.

However, if you had witnesses who could vouch for your behavior and verify that you were sober, the focus becomes why the officer said you acted intoxicated while everyone around you said you were sober.

Faulty Tests

If the charges are based on the result of a blood alcohol reading, look for anything wrong with the circumstances in which the test was given. Readings can be substantially off if the test is given during the 30 minutes or so when your body is still absorbing the alcohol, and that could help get charges dismissed (because the reading likely wouldn’t be accurate in that case).

Was There Probable Cause?

If an officer pulls you over, they have to have a reasonable suspicion as to why they stopped you. They can’t randomly pull you over and demand you take a blood alcohol test for the fun of it; they have to have reasonable suspicion that something was wrong with your driving that warranted pulling you over. If you can show there was no basis to stop you, you could get the charges dismissed.

Lack of Consent or Information

When you face a chemical test for alcohol or drugs, you have to give consent, and the officer has to tell you what could happen if you refuse to take a test. If either of these requirements is not satisfied, then the evidence that the officer has from the test could be ruled invalid.

If you’re facing OWI charges, contact Eisenberg Law Offices immediately at (608) 256-8356. Never assume that one of these defenses will apply. You need to speak with a lawyer as soon as possible to be sure which defense might help you.

This post was originally published at https://www.eisenberglaw.org/potential-defenses-against-owi-charges-in-wisconsin/