What Are the Laws Around Police Questioning Minors?

 

Know the rights of your child when they are questioned by Police

Police are allowed to question minors, and sometimes they do so without parents or guardians around. But minors are still protected by laws that can require that police get parental consent depending on the circumstances. If the wrong procedures are followed, the police could end up in legal trouble.

The Fifth and Sixth Amendments

The Fifth Amendment protects against self-incrimination (e.g., when saying something might imply or confirm that the speaker is guilty), and the Sixth protects the right to have legal counsel, to have a parent or lawyer present during questioning, and to refuse to speak with law enforcement. Minors are protected by these amendments just like adults are.

When a Minor Is a Victim or a Witness

Laws surrounding when police can question a minor who is a witness to a crime or who is a victim are not always detailed. In these cases, police can speak with the minor without parental approval, although the protections from the Fifth and Sixth amendments still stand. If your child was questioned by a police officer or other law enforcement official, and you’re concerned about potential repercussions for your child (such as the police targeting the child in the future, or revenge from classmates the child may have pointed out to police), you should speak with a lawyer.

When a Minor Is a Suspect

Things get a little more detailed when the minor is actually detained as a suspect. They also get more dangerous for the minor as what they say can be admissible in court. Your child should know their rights to remain silent and have parents or lawyers present and that if they make this request and police don’t comply, then that could put the police and the case against the child in jeopardy.

If your child was questioned by the police for any reason, and you’re concerned about how that might affect the child in the future or the child has requested a lawyer, contact Eisenberg Law Offices at (608) 256-8356. You and your child must have someone defending your rights surrounding law enforcement questioning.

This post was originally published at https://www.eisenberglaw.org/what-are-the-laws-around-police-questioning-minors/

What to Look for When the Adrenaline Subsides Post-Accident

 

Watch for these delayed symptoms after a car accident

The moments after an accident are filled with alarm, and adrenaline surges through your body, allowing you to function despite the stress. However, as that adrenaline fades away, your body starts to feel additional effects of the accident. You may have felt generally OK right after what happened, but in the hours, days, and weeks to come, your body will let you know just how it really feels. Sometimes these are minor aches, but some symptoms can signal more severe problems that need medical attention.

Bruises, Aches, and Pains

Your body went through trauma even if the accident seemed like a minor fender-bender. Once the “numbness” of the adrenaline goes away, you’ll notice every bruise you may have gotten as well as more aches and pains. If your back or neck starts to ache, you need to have a doctor check that out to see if you have a fracture or injured disk.

Abdominal Pain

If you start to experience abdominal pain, and you had some trauma to your abdomen (anything from the seatbelt being jammed into your gut to you being flung up against the steering wheel, and more), you may have internal bleeding. If your pain is not obviously due to something else, see a doctor immediately.

“Pins and Needles” or Numbness

If you have unexplained numbness or tingling in your arms or legs, you might have spinal cord or nerve damage. That’s something you need to go to the emergency room about because you do not want the injury to get worse and leave you paralyzed.

Headaches

Most people are familiar with whiplash’s effect on the neck, but few realize that the same motion can cause traumatic brain injury. This happens when your brain slams against the inside of your skull. You must seek emergency treatment for this to maximize your chances of recovery.

If you’ve been in an accident and have been injured, your insurance payouts might not cover everything. That would require taking the other party to court. Contact Eisenberg Law Offices at (608) 256-8356 to speak with our attorneys.

This post was originally published at https://www.eisenberglaw.org/what-to-look-for-when-the-adrenaline-subsides-post-accident/

How Does an OWI Conviction Affect Insurance in Wisconsin?

 

The impact of an OWI conviction in Wisconsin on your insurance could be significant!

When you are convicted on OWI charges, you have more than just a criminal record to worry about. You face fines, potential jail time, and potentially suspension or loss of your driver’s license. In addition, you can expect your insurance rates to change. The difference makes it worth trying to fight charges when possible.

Your Costs Will Go Up

Insurance rates and tiers differ among providers. For any insurer, though, you can expect your rates to increase–if the insurance company doesn’t drop you altogether. Safe driver discounts do not apply, and you will fall into a higher risk category for insurance. It is not unusual for your costs to go up considerably.

Filing an SR22 in Wisconsin

The cost can be prohibitive for you, but driving without insurance is not an option. If you are convicted of an OWI, you must request an SR22 form from your insurer. This form has to be on file with the DMV before you can reinstate a suspended license. You have to pay a fee to file the form, and keep an active SR22 on file for at least five years after your conviction. Any failure to pay for your insurance will get the form canceled, and your driver’s license will be suspended.

Options for Fighting Charges

If you want to avoid paying higher insurance costs, you have two options. The first is simply not to drive. You can walk, bicycle, or rely on public transportation to get where you need to get. If you want the flexibility that comes with legally driving a vehicle, your only other option is a strong legal defense against the charges. An experienced OWI defense attorney may be able to help you reduce the charges or even avoid conviction altogether.

If you have been arrested for OWI, the consequences of conviction are severe. Do not take matters into your own hands; contact the attorneys at Eisenberg Law Offices, online or at  (608)256-8356. We will provide you the defense you deserve.

This post was originally published at https://www.eisenberglaw.org/how-does-an-owi-conviction-affect-insurance-in-wisconsin/

5 Considerations to Find the Right Criminal Defense Attorney for You

 

Hiring the right Criminal Defense Attorney is critical to protecting your rights!

If you are arrested or charged with a crime, your next decisions are critical. Not every criminal defense attorney is right for your case, no matter how good he or she is. Before you hire someone, take the time to make sure that person is the best choice–not for a random, hypothetical case, but for defending you against your charges.

1. Do They Have Criminal Defense Experience?

Many excellent attorneys focus on civil trials. They may be great at what they do, but their experience won’t help them give you the best criminal defense. The rules and the law are different.

2. Do They Handle Your Type of Defense?

Even within criminal defense work, differences abound. An attorney who specializes in OWI trials may not be the right choice for a murder case. Make sure the attorney has experience and expertise with your kind of case.

3. Do Your Personalities Mesh?

You will be working closely with your lawyer up through your trial. If you and your attorney don’t like each other or get along well, that will create a difficult working relationship. You don’t have to be best friends, but you should be comfortable with the person representing you.

4. Who Will Work on Your Case?

Law firms often assign teams to a case, including some combination of partners, associates, and experts. Talking to an attorney who would be a good choice only helps if that person will actually be doing the work on your case. Ask about who will be doing what, and make sure you understand and are comfortable with those people.

5. Are They Listening?

Every criminal case is unique. Your defense will depend on the attorney not only being smart, but understanding your situation. If you feel like he or she isn’t listening to you, you won’t trust that person to give you the help you need.

Not every good attorney is right to handle your criminal defense. If you have been arrested or charged with a crime, contact Eisenberg Law Offices, at  (608)256-8356 or online. We will give you the defense you deserve.

This post was originally published at https://www.eisenberglaw.org/5-considerations-to-find-the-right-criminal-defense-attorney-for-you/

What Pedestrians Can Do When a Driver Hits You

 

Hit by a vehicle? Your rights to collect damages as a pedestrian

Most of us think of vehicle accidents as coming between two drivers on the road. Unfortunately, many accidents come when someone is out walking or running. This creates extra dangers for you, because being on foot leaves you much more vulnerable to being injured. If a vehicle hits you while you are a pedestrian, you may be able to recover damages from the driver.

Be Careful

Ideally, you can avoid injuries. Obeying pedestrian traffic laws, including using crosswalks, wearing reflective clothing at night, and following available signals, can protect you most of the time. In addition, violating these laws will be used against you if you do seek to recover damages for your injuries. The more you do to to protect yourself, the less likely you will be injured or be locked out of recovery if you are.

When You Can Sue

No matter how careful you are, accidents happen. Drivers have a duty to look out for pedestrians, to follow traffic laws, and avoid harming those on foot. Distracted, drunk, or careless drivers create problems for pedestrians. This kind of negligent or reckless driving behavior causes injuries for which you may recover damages. An experienced personal injury attorney will evaluate your case and help you understand and seek the damages to which you are entitled.

Available Damages

Depending on your injuries, there are different kinds of damages you can recover. The cost of your medical care and any property damages are part of the equation, but you can also recover for lost wages, pain and suffering, loss of consortium, funeral expenses, and even punitive damages against a reckless or drunk driver. Before you talk to the driver’s insurer about a settlement, take the time to talk to an attorney about the damages you are entitled to recover.

Reckless and careless drivers create danger for even the most careful pedestrians. If a vehicle hits you while you are on foot, contact Eisenberg Law Offices online or at (608)256-8356. We will help protect your rights and get the recovery you deserve.

This post was originally published at https://www.eisenberglaw.org/what-pedestrians-can-do-when-a-driver-hits-you/

How Wisconsin Determines Damages in a Personal Injury Claim

 

Person Injury damages will be determined by a number of factors

When you file a personal injury case, the damages available depend on a number of factors. Understanding the categories can be complicated. When you discuss your claim with your lawyer, you can learn about how the courts will determine and describe the damages that make up your potential recovery.

Who Is Liable?

The first issue that arises is liability. Before you can recover for your personal injury, the person or company you are suing has to be at fault, or liable, for your injuries. If they are at least half responsible, you are entitled to recover. That said, the court may also reduce your recovery based on any percentage that it finds your injuries to be your own fault. For example, if the jury determines that you are 30% responsible for what happened, and your damages total $100,000, the amount available for you to recover would only be $70,000.

Economic Damages

Once you pass the liability hurdle, the damages you seek fall into two main categories: economic (or “special”) damages and non-economic (or “general”) damages. Economic damages include everything to which you can easily assign a monetary amount. The cost of your medical care, the value of any property damaged or destroyed, lost wages, and other costs you incur because of the accident or injury fall into this category. Your lawyer can help you understand these costs, as many may not be obvious to you.

General Damages

General damages can be harder to quantify, but are just as important to your case. This includes damages for pain and suffering, loss of consortium, metal anguish, and other damages that are real to you but don’t come with clear dollar amounts attached. Working with a lawyer will help you identify amounts that an insurance company may not, and help you receive the full recovery to which you are entitled.

Insurers will often fail to include some damages when offering you a settlement for your injuries. Before you try to negotiate or accept an offer, contact Eisenberg Law Offices, online or at  (608)256-8356. We will help get the recovery you deserve.

This post was originally published at https://www.eisenberglaw.org/how-wisconsin-determines-damages-in-a-personal-injury-claim/

Wisconsin Castle Doctrine | Self-Defense Laws

 

Understanding The Wisconsin Castle Doctrine

The Wisconsin Castle Doctrine provides civil and criminal protections to property owners who use force against intruders in order to protect themselves, their family or guests, or their property from serious harm. Specifically, the doctrine states that “someone in their home, business or motor vehicle has no duty to retreat from an attack or intruder, and presumes the use of force is reasonable to prevent death or serious harm.”

The doctrine provides two important points of protection for property owners, specifically:

1. the presumption of immunity from civil and criminal charges that may result from the owners’ use of force in an act of self-defense against an intruder, and
2. by removing from consideration any question as to whether the property owner had an opportunity to flee or retreat before using force.

These are important protections that address a common argument in such cases: “Was the use of force appropriate in this situation?” The Wisconsin doctrine essentially makes this question irrelevant.

Exceptions to Wisconsin Castle Doctrine Protections

Wisconsin law generally favors property owners who are acting in self-defense, but there are exceptions. A property owner may lose the protections granted by the Castle Doctrine if:

1. They were engaged in criminal activity, and someone is hurt or injured.
2. They act against a public safety officer who is trying to enter the premises in the performance of their duties, and the property owner knows this is the case.

Self-Defense Remains a Legal Gray Area

Self-defense arguments always present a challenge in court. It’s an area of law that has many gray areas, even with protections like the Wisconsin Castle Doctrine. Enlisting the help of a qualified Wisconsin defense attorney will improve your chances of obtaining a favorable outcome, even if you believe it is obvious you acted in completely. Your record and reputation are too valuable to leave to chance. Contact the defense attorneys at Eisenberg Law Offices for help if you are facing manslaughter, assault, battery, or homicide charges after acting in self-defense.

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

This post was originally published at https://www.eisenberglaw.org/wisconsin-castle-doctrine-self-defense-laws/

Include Future Damages In A Personal Injury Claim

 

Yes, Future Damages Can Be Included In A Personal Injury Claim

Many of our personal injury clients are surprised when we inform them that we’ll be pursuing compensation for future damages in their personal injury claim. So many victims are concerned with protecting themselves at this moment in time that they forget to take into account how the injury will affect their future. Reminding them of these future expenses is an important part of our early conversations.

The truth is that future expenses can often be more costly and life-changing than the current injury situation. Serious injuries can be devastating for victims. They may be long-lasting or even permanent. They may affect the victim’s ability to retain their job or find suitable employment in another field. Loss of income and earning potential as well as ongoing medical costs are two of the most common examples of future damages that are pursued in a personal injury claim.

The challenge lies in determining what kind of future damage the victim is likely to experience and what costs are associated with those damages. The personal injury attorneys at Eisenberg Law Offices are experienced in ascertaining these costs and including them to maximize claim values for our clients.

Filing a Personal Injury Claim To Collect Future Damages

Every injury situation is different, which means every personal injury claim, and associated compensation awards will be different. In order to obtain the maximum claim value for the client, a personal injury attorney will collect evidence to determine if you have a valid claim. If you do, your attorney will:

1. Identify and calculate current damages. This includes costs incurred up to the claim filing such as medical costs, medications and medical equipment, physical therapy, etc. It can also include damages for pain and suffering and other non-physical damages such as future lost wages.
2. Gather evidence of your ongoing medical needs and costs. Your attorney will consult your physician and any specialists to obtain information about your treatment plan, prognosis, and recovery outlook to use in their calculations for the claim amount and to provide evidence to support the claim.
3. Submit the claim. Claims are submitted to the at-fault party’s insurance company, along with any supporting proof and documentation that your attorney has collected. If a person has suffered severe injuries that will require future medical care or will affect their earning potential, those damages can be claimed as future damages and included with the claim.

Protect Your Right to Fair Compensation – Now And In The Future

Not all victims make a full recovery from their injuries. If you have been injured and think you have a claim for  damages now or for future lost wages, pain and suffering, and medical expenses, contact a personal injury attorney at Eisenberg Law Offices in Madison, WI for a free case consultation. We can determine the validity of your claim, provide guidance on which future damages can be included in your personal injury claim to maximize your settlement value, and represent you to the insurer or in court if need be.

Call Eisenberg Law Offices at 608-256-8356 or email our team at info@eisenberglaw.org to arrange a free case review.

This post was originally published at https://www.eisenberglaw.org/include-future-damages-in-a-personal-injury-claim/

Domestic Abuse In Wisconsin | Defining Domestic Abuse

 

The Relationship Is Key To Defining Domestic Abuse in Wisconsin

We may all think we know what domestic abuse is, but our perceptions and understanding may not match up to state law. Each state carries its own definition of abuse crimes. Generally, however, acts of assault and/or battery that are perpetrated against family or household members constitute domestic abuse in Wisconsin.

Domestic Relationships Define The Abuse Charge

It is that relationship between the two parties that separate domestic violence from other forms of assault and battery. What is important to understand is that domestic abuse is not limited to spouses. Under Wisconsin State Statute 968.075 the crime applies to acts committed by "an adult person against his or her spouse or former spouse, against an adult with whom the person resides or formerly resided or against an adult with whom the person has a child in common".

Other than the relationship factor, domestic assaults and batteries look very similar to non-domestic assaults and batteries, which include:

• intentional actions that cause physical pain, illness, or injury,
• intentionally harming or impairing the person's physical condition,
• sexual assault, and
• any physical actions that cause the other person to fear that any of the above actions may occur.

Domestic Violence Calls Can Lead To An Arrest…Or Not

Domestic violence interventions that involve the police go far beyond just breaking up a fight. If the police are called to a domestic altercation, the alleged abuser may be arrested if responding officers determine that there is reasonable evidence of abuse. Arrests can also be made if police:

• believe the abuse is likely to continue,
• the victim is injured, or
• determine that the defendant is the predominant abuser/aggressor.

If arrested, the defendant may face additional charges, especially if drugs or alcohol were a factor, if a gun or other weapon is present, if he or she has past convictions, or if a restraining order is on file (this results in an automatic arrest). In Wisconsin, anyone arrested on suspicion of domestic violence is held until they see a judge or post bail and is placed under a 72-hour No Contact order with the “victim.”

Sometimes a domestic dispute call does not lead to an arrest, but that does not mean you are in the clear. Police officers still must file a report on the call, and if he or she suspected that domestic abuse was occurring, they will submit that report to the district attorney's office. The DA will review the report and determine whether or not to charge you.

Protecting Yourself From Domestic Abuse Allegations

A conviction of domestic violence in Wisconsin requires much more than the victim's allegations. Victims and police must provide proof that the assault and/or battery occurred and that it was inflicted by the defendant. There are many factors that an experienced criminal defense attorney can bring to the court's attention to support your defense. With strong counsel, it is even possible to defer prosecution until a certain date. During this time of deferral, you will be required to meet certain conditions. If those conditions have been met throughout the time period, it is possible to have all charges dismissed.

Even if the situation seems hopeless, there is hope if you receive the right help. The domestic abuse defense attorneys at Eisenberg Law Offices can provide you with that hope. Contact Eisenberg Law Offices at 608-256-8356 or by email at info@eisenberglaw.org to arrange a free consultation.

Visit our blog to learn more about domestic abuse in Wisconsin.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/domestic-abuse-in-wisconsin-defining-domestic-abuse/

Proving Fault In A Car Accident | Fault And Negligence

 

Proving Fault in a Car Accident Requires Proving Negligence

After the initial shock of a car accident has passed, one of the first questions you may ask yourself is, "Who is responsible for the accident?" This is a practical question in many ways because proving fault or responsibility will determine which party's insurer will pay for accident damages and, possibly, which party will be ticketed or have the accident go on their driving record.

Even if you are certain you did not cause the accident, you might find yourself in the position of having to prove that you were not responsible. In order to prove fault, you'll first need to prove negligence.

2 Factors Used To Prove Fault in a Car Accident

1. A violation of state traffic laws. The Wisconsin rules of the road and state traffic laws dictate how drivers are expected to operate vehicles within the state and are a primary consideration when proving fault in accidents. If a driver was in violation of those rules, the other party has a good chance of proving fault. Violations that can lead to vehicle accidents include:
   • Speeding
   • Failure to yield
   • Running a stop sign or red light
   • Following too closely

2. Proof of negligent behavior. Negligence is a legal principle that is used to determine the degree of fault in an accident. In order to prove negligence, Wisconsin requires:

• • Proof that the other party owed you a duty of care to act reasonably and prevent harm.
  • That there was a breach in the duty of care. Proving fault requires providing evidence as to how the other party failed in their duty of care.
  • A causal connection between the breach of duty of care and the accident.
  • That damages were suffered as a result of the accident. Damages refer to any kind of loss, such as property damage or injuries requiring medical care.

Wisconsin operates under a comparative negligence system, which means it is possible for both parties to be partially at fault for car accidents. As long as your degree of negligence, or amount of fault for the accident, is equal to or less than the other party's, you can still pursue a claim. Be aware that the amount of compensation you are awarded, if any, will be reduced by the degree of fault you bear for the accident.

Proving Fault Means Proving Negligence

Winning an accident case and proving fault always hinges on whether or not you can prove the other party acted in a negligent manner. To prove negligence, you will need to present factual evidence, which can be obtained through:

• police reports from the accident
• photos of the accident scene and your injuries
• medical reports and documentation of injuries suffered
• mechanic or auto body shop reports to prove damage/loss
• witness statements

All of this information helps to build evidence that proves fault in an auto accident. Police reports and photographs provide physical evidence of the accident, while medical reports and mechanic reports help put a number on the amount of damage/loss incurred. This information is used to determine the amount of compensation you should seek in a car accident claim.

Contact the Car Accident Attorneys at Eisenberg Law Offices For Help With Your Claim

You'll need help to prove fault in a car accident. The car accident attorneys at Eisenberg Law Offices can help you prove your claim by collecting and presenting evidence, reviewing the circumstances surrounding the accident, and advising you on appropriate compensation amounts. We always advocate for the highest award possible for our clients. We offer free initial consultations so you can learn if you even have a case and what the outcome may look like for you.

Contact Eisenberg Law Offices at 608-256-8356 or by email at info@eisenberglaw.org to arrange your free case consultation.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/proving-fault-in-a-car-accident-fault-and-negligence/