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/.