The Many Ways Drug Crimes Could Involve Minors

 

Drug charges where minors might be involved can bring more serious penalties

Drug crimes can involve minors in more ways than you might realize. Wisconsin is particularly tough on these crimes, even going so far as to consider just having a minor nearby when the crime is committed as enough to expand charges and increase penalties. The state also increases penalties even if you didn’t know the minor was actually a minor. In other words, if a minor has anything at all to do with your crime, including just being present, you’re looking at a lot of extra penalties.

Crimes where minors are present are considered felonies. Depending on the crime and the role of the minor, you could face between 10 and 45 years in prison with fines of up to $25,000. The more active the minor in the crime (for example, having the minor distribute drugs, giving drugs directly to the minor, or having the minor take part in making the drugs), the longer the potential prison time. Even if the crime doesn’t involve drugs themselves, such as giving drug paraphernalia to a minor, you could face prison time and fines.

And these charges are on top of the charges you’d face for the crime itself. You can face prosecution for both the main crime and the fact that it involved a minor, further increasing the potential time in prison and the fines you may have to pay. The state is serious about keeping minors away from drugs, and it shows in the state’s decision to link severe punishment to several types of drug crimes.

If you’re facing drug charges and have been accused of committing the crime while a minor was nearby or involved, contact Eisenberg Law Offices immediately at (608) 256-8356. This is a very difficult situation, and you need good legal representation to help you deal with the charges and possible sentencing.

This post was originally published at https://www.eisenberglaw.org/the-many-ways-drug-crimes-could-involve-minors/.

Substance Abuse by Truckers Increases the Risk of an Accident

 

Truckers’ use of alcohol and/or drugs can lead to serious accidents and injuries

Substance abuse by any driver on the road, regardless of vehicle type, increases the chances that the driver and those around them will be involved in an accident. When drugs or alcohol are abused by truckers, the risk is worse as commercial truck drivers who are impaired obviously can’t give road and traffic conditions their full attention.

The size and weight of the trucks, and the trucks’ need for more time and distance to stop, mean that accident impacts are harder, the potential for crush injuries is greater, and injuries and damage are more likely. And unfortunately, the conditions that many truckers face are conducive to abusing drugs and alcohol.

To be clear, not all truck drivers use drugs or alcohol, let alone drive under their influence. Many in the trucking community are safe drivers who avoid anything that could affect road safety. But the long hours on the road and pressure to deliver cargo on a tight schedule can lead many to either take stimulants to stay awake or use substances like marijuana, which can affect the drivers’ attention to the road. Stimulants could make the driver take more risks, such as speeding; drugs with a sedating effect could make the driver fall asleep at the wheel or have reduced reaction time.

All drivers need to be aware of the possibility that a driver near them is driving under the influence, but that need becomes imperative when a commercial truck is around. Stay alert and leave plenty of room if possible around trucks, and stay out of their blind spots. Remember that these vehicles are very large and very heavy, and they’re very hard to stop in an emergency.

If the worst has happened and you’ve been in an accident with a commercial truck, contact Eisenberg Law Offices at (608) 256-8356. You’ll need legal assistance when dealing with insurance companies and potential court cases or settlements.

This post was originally published at https://www.eisenberglaw.org/substance-abuse-by-truckers-increases-the-risk-of-an-accident/.

Criminal Convictions and Gun Rights

 

Know your rights to own a firearm in Wisconsin

Gun ownership and gun rights continue to be important to many in Wisconsin and across the United States. That said, both federal and state laws impose some restrictions on who has a right to possess firearms. This is one of the many consequences of a criminal conviction. If you are charged with a crime, contact an experienced criminal lawyer right away.

Federal Law

Under federal law, anyone convicted of a felony is prohibited from possessing a gun. In addition, if you have a misdemeanor conviction or a domestic violence restraining order against you, federal law similarly prevents you from possessing firearms. In both cases, Congress determined that the risk of those convicted of these crimes forfeit their usual Second Amendment rights.

Wisconsin Felonies and Misdemeanors

Wisconsin mirrors the federal law in some respects, but adds disqualifying factors as well. Conviction of a Wisconsin felony, not a misdemeanor, will lead to prohibitions on gun possession. In addition, a felony conviction from another state will prohibit you in Wisconsin from possessing a firearm, even if there is no Wisconsin statute you have violated. Finally, being found not guilty due to a mental defect or disease is considered dangerous enough for Wisconsin to prohibit you from possessing a firearm.

Other Criminal Situations

Criminal convictions and mental illness are not the only routes to prohibition. If you are under any requirement to complete substance abuse training in Wisconsin, you will be legally prohibited from possessing a gun. Finally, Wisconsin adds in a catchall for people under any order that prohibits possession of a firearm.

Governor’s Pardon

Once you are convicted of a felony, you may become eligible for a pardon from the Wisconsin governor that restores your possession rights. To earn this, you must have completed your sentence at least five years ago, and you cannot have been convicted of another crime since completing the sentence. 

Any criminal charge can put your Second Amendment rights in jeopardy. If you have been arrested, contact Eisenberg Law Offices online or at (608)256-8356 for assistance.

This post was originally published at https://www.eisenberglaw.org/criminal-convictions-and-gun-rights/.

Three Keys to Understand Embezzlement Charges

 

Embezzlement Charges – What to know?

Embezzlement is a crime most people have heard of, but few might fully understand. The term defines theft of property that didn’t belong to the thief, but to which the thief was given access. It is a white collar crime that usually–but not always–involves money. If you have been charged with embezzlement, understanding the nature of the charge may help.

1. Who Gets Charged with Embezzlement?

Most embezzlement charges come against financial workers or employees of a company. Their positions give them access to company or client funds, providing an opportunity to take advantage of that trust. Accounting firms or other financial services organizations may be charged with embezzlement. Those charged often will not look or feel like hardened criminals.

2. Intent Is Key

Before you can be convicted of embezzlement, the prosecution must show that you intended to steal. This is important because, in the financial services industry, accounting mistakes can result in funds being moved to accounts where they should not be. If the prosecutor cannot prove that your action was intentional rather than a mistake, you cannot be convicted of embezzlement.

3. Can Be a Misdemeanor or a Felony

Depending on the details of embezzlement, it can be charged as a felony or as a misdemeanor. It comes down to the value of what was allegedly stolen. If the total amount embezzled is valued at less than $2,500, the charge is a Class A misdemeanor, which can bring a fine and up to nine months in jail. Once the amount stolen passes $2,500, though, it becomes a felony, with fines of $10,000 and prison time if you are convicted.

Regardless of whether the charge is a misdemeanor or a felony, embezzlement charges carry serious consequences for your life and your career. If you have been charged with embezzlement, contact the criminal defense lawyers at Eisenberg Law Offices, online or at (608)256-8356. We will give you the defense you deserve.

This post was originally published at https://www.eisenberglaw.org/three-keys-to-understand-embezzlement-charges/.

Recovering Damages for Beach Injuries

 

You may be able to recover damages for beach injuries

For many of you, spring and summer weather means it’s time to go to the beach. While the fun and sun are wonderful, sometimes injuries will happen. In those cases, it can be difficult to find compensation for those injuries. You need experienced legal help to identify the causes and recover damages for beach injuries.

Common Injuries at the Beach

Besides the fun and relaxation available there, the beach offers plenty of potential dangers including the following:

• drowning
• injuries from water sports
• animal attacks
• cuts from discarded items
• illness from pollution or transmittable diseases

Many of these can be mild, but the risk for illness, severe injury, or death should never be taken lightly. Exercise caution when you are at the beach, and avoid drinking or other dangerous behaviors when you are there.

What to Do After an Injury

If you are injured at the beach, you need to seek treatment right away. A lifeguard or other personnel on site can help with immediate needs, but even if one isn’t available, you need to make sure you treat any injuries you sustain. When you are able, see a doctor to follow up and ensure you aren’t missing anything or allowing an infection to spread. If the accident involves witnesses to what happened, make sure you know what they saw, in case you need them to speak or testify on your behalf later. Finally, take notes when you are able so you can remember the circumstances of your injury. 

Causation and Compensation

If your injury came about because of someone else’s negligence or intentional act, you are entitled to recover damages. This may be difficult for some injuries; the negligent person or people are sometimes difficult to identify. Your witnesses and notes can help here. Beyond that, make sure you speak with an experienced attorney, who can help you identify the cause and understand your potential for recovery.

If you have been injured at the beach, don’t just assume you can’t do anything about it. Contact Eisenberg Law Offices, online or at (608)256-8356, to see how we can help you.

This post was originally published at https://www.eisenberglaw.org/recovering-damages-for-beach-injuries/.

Landlord Responsibility for Accidents on Rental Property

 

Landlord liability for Rental Property Accidents

When you rent your home, you might wonder who is responsible for accidents that occur there. After all, you likely carry renter’s insurance for the contents of the house or apartment, but not broader homeowner’s insurance. This is because, most of the time, the owner or landlord is responsible for accidents that problems with the property cause.

Premises Liability

In Wisconsin, the concept of premises liability covers accidents that occur because of the negligence of the homeowner or manager. If there are uneven sidewalks or cluttered or slippery walkways, a stumble or slip and fall often results. Assuming the landlord or owner is or should be aware of the condition but leaves it in place, he or she is liable for accidents that result from that negligence. Similarly, general disrepair or lack of safety measures like guard rails or hand rails can leave the owner liable for injuries that result from their absence.

Security Issues

Beyond keeping the property in good repair, landlords have some duties to keep the premises secure. If they know of a security threat and do not act on that information, they may be liable for damages if something happens. Further, if the area has high rates of violent crime, the landlord may be liable even absent a specific notification if he or she does not provide measures like alarms or security guards to protect tenants and guests.

Your Responsibilities

In some cases, a landlord or property owner may not know of problems. Loose carpeting or wires inside a living space, for instance, may not be visible. You need to notify the landlord or owner of these dangers so they know to complete repairs. If you do notify them, and an accident occurs after they have reasonable time and do not complete the repairs, the landlord and/or owner will be liable for damages related to that accident.

If you or a guest has suffered an injury on property you rent, you have a right to sue for damages. Contact Eisenberg Law Offices online or at (608)256-8356 to learn how we can help.

This post was originally published at https://www.eisenberglaw.org/landlord-responsibility-for-accidents-on-rental-property/.

Factors That Affect The Reliability Of Eyewitness Testimony In A Car Accident

 

Factors That Affect The Reliability of Eyewitness Testimony

The reliability of eyewitness testimony is an important factor in how and if it is used in a court case. Plaintiffs  and defense attorneys want to present accurate, honest testimony that will help their cases. This makes it imperative for witness testimony to be scrutinized by attorneys prior to being presented in court. If eyewitness testimony is found to be inaccurate, it may hurt a case more than help it.

Attorneys will pay particular attention to four factors that can influence the reliability of witness testimony as they gauge whether or not to include it in their case arguments.

Four Factors That Can Influence The Reliability of Eyewitness Testimony

1. Stress and anxiety. Victims are not alone in experiencing stress and anxiety after a crime or accident has occurred. Witnesses can feel the same, especially if the crash is particularly violent or resonates with them for personal reasons. The more stress the witness feels, the more likely he or she is to present inaccurate testimony.
2. Influenced memories. Our memories are influenced by our realities, society, and cultural norms. Our brains are not videotaping what we see; instead, the brain tries to make sense of what we are witnessing based on what we know and understand. This can result in “reconstructive memory”, which is not necessarily accurate to what really occurred and can hurt the reliability of eyewitness testimony.
3. Racial disparities. Much like influenced memories, our personal beliefs and experiences can influence how we remember an incident.. Our prejudices can affect how we remember an event, whether we are cognizant of them or not.
4. Lack of distinct characteristics. The reliability of eyewitness testimony in identifying people is made more difficult when the accused does not have any distinguishing characteristics. Tattoos, unique hair coloring or styles, extreme height, etc. can help witnesses recall and identify people. By contrast, people who do not have any distinctive characteristics are harder for witnesses to remember and identify.

Eisenberg Law Will Vet Your Eyewitness Testimony

We know that our clients’ lives, futures, and livelihoods can be on the line during a case and that eyewitness testimony can influence the outcome. Part of our process when representing clients is to carefully vet all witnesses to gauge the reliability of eyewitness testimony. We evaluate witness testimony for our client to make sure it is accurate and complete.

To learn more about the use of eyewitness testimony in your own case, contact the Eisenberg Law Offices attorneys at 608-256-8356 or at info@eisenberglaw.org to arrange a free case consultation.

This post was originally published at https://www.eisenberglaw.org/factors-that-affect-the-reliability-of-eyewitness-testimony-in-a-car-accident/.

 

Call The Police | Car Accident In Wisconsin

 

Do I Have To Call The Police After A No-Injury Car Accident in Wisconsin?

When a car accident results in injuries or serious property damage, drivers know to call the police. But what if the accident is minor and no one appears to be injured? Is it still necessary to call the police for “fender-benders”?

Although making the call is not required, it is recommended for your protection.

Five Circumstances That Require a Call to Police After a Car Accident

Wisconsin state law only requires police to be notified of an auto accident in five circumstances:

1. The accident involves injuries or death.
2. $200 or more in damages to government property occurred.
3. $1,000 or more in damages to a vehicle or other personal property occurred.
4. One or more vehicles requires towing from the scene.
5. A deer or other wild animal was injured or killed in the accident.

Why It’s Smart to Call the Police After an Accident

Despite not being required, it is in your best interests to call the police after an accident, even if there were no injuries. Gauging whether or not to call the police based on injuries is a mistake; you may be injured and not know it. Some injuries are not felt right after an accident due to the adrenaline spike that occurs. Other injuries, like whiplash, don’t present themselves until a few days after the accident.

Other reasons to call the police after an accident include:

1. Insurance claims. If you plan to pursue an insurance claim for damages after the accident, a police report may be required by your insurer. Even if it is not required, the report can help support your claim by providing additional evidence.
2. Compensation claims. Similar to insurance claims, if you file a personal injury claim for the accident, a police report can help build your case.
3. Dispute resolution. If there is a dispute with the other driver, a police report can be used to provide evidence of fault and responsibility.

Police reports contain details and facts about the incident. They are impartial and professional, which lends them greater credibility than witness statements in obtaining insurance coverage or winning an injury case.

Get Advice On Your Accident Case From Eisenberg Law Offices

If you have been involved in a car accident and need advice on how to file an insurance or injury claim, contact the car accident attorneys at Eisenberg Law Offices in Madison, WI. We can help you navigate the claims process and advise and represent you in an injury case, even if you did not originally file a police report after a car accident.

Contact our team to discuss your situation by calling 608-256-8356 or emailing info@eisenberglaw.org. We offer free, no obligation consultations.

This post was originally published at https://www.eisenberglaw.org/call-the-police-car-accident-in-wisconsin/.

Reckless Endangerment Charges In Wisconsin

 

Reckless Endangerment Charges in Wisconsin Stem From a Disregard for Human Safety

Anyone who engages in conduct, actions, or activities that put another person at risk of harm in Wisconsin could be setting themselves up for reckless endangerment charges. This type of behavior is considered illegal in the state and is a felony offense.

Reckless Endangerment in Wisconsin

Reckless endangerment is governed by Wisconsin State Statute 941.30. Reckless endangerment charges may be first- or second-degree charges.

• First-degree reckless endangerment requires the person to have done something that endangers someone else with actions that "show utter disregard of human life." This is a Class F felony.
• Second-degree reckless endangerment is less severe and is usually charged when a person acts in a way that puts another person's safety at risk but does not act with utter disregard for human life. This is a Class G felony.

In order to be charged with recklessly endangering safety, it must be proven that the accused had a "reckless culpable state of mind." Under Wisconsin law, this means that the accused:

• Engaged in behavior that put someone else at risk of death or great bodily harm, and
• Knew that risk existed.

There are many activities that could lead to reckless endangerment. One example stems from a domestic disturbance: An argument erupts between two family members at a backyard BBQ. The situation escalates, and one of the people involved in the argument starts to leave the location but then is overcome with emotion, pulls a gun, and fires back at the party.

Even if no one is harmed in this situation, that person could still face reckless endangerment charges because there was a chance of someone suffering serious injury or death due to the actions of the party-goer. Even if her actions were accidental, say the other person saw her gun and tried to wrestle it away from her, but it discharged, the gun owner could still face charges.

Penalties Associated With Reckless Endangerment

If found guilty of recklessly endangering safety, the accused faces either Class G or Class F felony charges depending on whether or not they are charged with first- or second-degree reckless endangerment.

The conviction penalties of first-degree Class F recklessly endangering safety are :

• up to 12 years and 6 months in prison, and/or
• a fine of up to $25,000.

The penalties for second-degree Class G recklessly endangering safety are less severe because they do not involve demonstrating an utter disregard for human life. However, these are still serious charges and penalties, which may include:

• up to 10 years in prison, and
• fines up to $25,000.

Fighting Reckless Endangerment Charges in Wisconsin

Reckless endangerment charges can stem from many different situations and may occur with or without weapons being involved. It may be an argument that gets out of control, a road rage incident, or the result of enjoying Happy Hour a little too much. Each situation is unique and requires a defense that is tailored to the circumstances of the situation. The criminal defense attorneys at Eisenberg Law Offices in Madison, Wisconsin are here to help you build a solid defense for reckless endangerment charges. We will examine all of the facts, collect our own evidence, and contact witnesses to help minimize the fallout from what may have been simply a mistake on your part. 

Discuss your situation with one of our criminal defense attorneys in a free case consultation appointment. Call 608-256-8356 or email info@eisenberglaw.org to schedule your no-risk, no-obligation consultation.

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

 

Wisconsin Motorcycle Accident | Accident Prevention

 

All Wisconsin Drivers Bear Responsibility for Preventing a Motorcycle Accident

Motorcycle accidents are on the rise in Wisconsin. Whether the increase in accidents is due to motorcyclists or automobile drivers is up for debate. One thing is certain: a motorcycle accident is particularly dangerous and even deadly for motorcyclists.

Motorcycle Safety Best Practices

Motorcycles are lightweight, high-performance vehicles that are more maneuverable and use less gas than traditional automobiles. They are a thrill to ride and easy to use in Wisconsin cities and rural areas alike. But they are less stable and harder for other drivers to see than cars and trucks. Riders are subject to the same driving risks as auto drivers, such as distracted or aggressive drivers, and have even more risk in adverse weather or road conditions.

Considering how exposed motorcyclists are, it is no surprise that the injuries suffered are life-altering, if not fatal. The most common injuries seen in a motorcycle accident are:

• Leg fractures
• Soft tissue injuries
• Traumatic brain injuries
• Spinal cord injuries
• Severe abdominal injuries
• Chest injuries

There is no question that motorcyclists themselves must be responsible, defensive drivers; that includes being aware of Wisconsin motorcycle laws and safety recommendations. Wisconsin recommends:

• Completing a motorcycle driving course to obtain additional exposure and experience in handling the vehicle.
• Obtaining a Class M operator license (required by state law).
• Getting motorcycle insurance. Insurance will help protect you if you are ever in an accident.
• Wearing protective gear, including a safety helmet and eye gear. Protective gear reduces the risk of serious injury. Helmets, in particular, reduce the risk of traumatic brain injury.
• Learn motorcycle traffic laws and follow the rules of the road at all times.
• Do not drive recklessly, while impaired, or when tired, and avoid lane splitting.

Advice For Other Drivers

Motorcyclists can only do so much to protect themselves on the road. Other drivers must be on the lookout for motorcycles and practice safe driving habits too. These accidents can be particularly dangerous when it involves a head-on collision or a left turn. The accidents usually happen when one or both drivers are driving aggressively, speeding, or trying to make it through an intersection without ensuring it is safe to do so. Blind spots and poor visibility can also lead to accidents with motorcycles. If you notice a motorcycle on the road with you, pay extra attention to its location as you drive to help avoid an accident.

Motorcycle Accident Attorneys Can Help You After an Accident

Motorcyclists or passengers who were injured in a Wisconsin motorcycle accident can benefit from speaking to a motorcycle accident attorney at Eisenberg Law Offices in Madison, WI. Our attorneys help motorcyclists recover compensation for damages and injuries suffered in accidents throughout the state.

It all starts with a free consultation so we can learn more about your situation. We will use this time to review the incident, discuss your injuries, and advise you of your legal options so you can decide how to proceed. Motorcycle injury cases operate on a contingency basis which means we do not collect payment from you unless you are awarded compensation through your case.

To learn more about the process and to discuss your situation with an injury attorney, call Eisenberg Law Offices at 608-256-8356 or email info@eisenberglaw.org to schedule your free consultation.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/wisconsin-motorcycle-accident-accident-prevention/.