Eisenberg Law Offices | Law Firms in Madison WI

Eisenberg Law Offices | Law Firms in Madison WI

Friday, March 25, 2022

Theft Conviction | Wisconsin Theft Charges | Theft Defense

 

How a Wisconsin Theft Conviction Can Affect Your Future

Theft occurs when one person steals from another. In Wisconsin, there are different kinds of theft, which carry varying levels of severity and penalties. Larceny, for example, requires intention by one party to steal from another. Embezzlement occurs when one party misappropriates funds or property that was entrusted to them. A theft conviction can even arise from intellectual property theft, ownership rights, or the stealing of services or utilities.

Sometimes, a situation arises from an honest mistake, sometimes the theft is intentional. Criminal convictions are very serious and can affect your life for years to come.

Theft Convictions Range From Misdemeanor to Felony

Wisconsin has five levels of theft charges, ranging from misdemeanors to felonies. Specifically, theft can fall into any of the below categories:

  • Class A misdemeanor
  • Class I felony
  • Class H felony
  • Class G felony
  • Class F felony

The category of the charge is based on the value of the stolen property, but a conviction at either the misdemeanor or felony level is serious and will impact your future.

Four Areas of Life That Are Affected By Criminal Convictions

  • Financial. Borrowers with criminal convictions are considered high-risk by lenders. This can make it difficult for you to obtain a mortgage, car loan, or other types of loans or credit which can affect many areas of your future life.
  • Career. A theft conviction can affect your future career prospects. You may be barred from holding any type of financial position or job that involves handling finances or money. At best, you will be viewed as a risk. Many employers will choose the less risky hire of two equally qualified candidates and choose the one without a criminal record.
  • Housing. If you cannot obtain a mortgage, you will be forced to rent a place to live, but many landlords in Wisconsin run background checks on applicants and your criminal conviction will show up on the report. This can eliminate you from the list of applicants and
  • Civic. Anyone convicted of a felony will lose their voting privileges temporarily. In order to regain those privileges, you will need to complete your sentence as well as your parole or probation requirements.
  • Felony convictions mandate a life long prohibition of possessing firearms.

Help is Available to Fight Theft Charges in Wisconsin

The most important thing to do if you are facing theft charges is to hire an experienced criminal defense attorney to represent you. Eisenberg Law Offices is a Madison-based law firm that represents clients throughout the state. To discuss your situation with a qualified Wisconsin criminal defense attorney, call 608-256-8356 or email our office at info@eisenberglaw.org and ask to schedule a free consultation.

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

Wednesday, March 23, 2022

OWI With A Minor Passenger | Wisconsin OWI Defense

 

OWI with a Minor Passenger? What To Expect Under Wisconsin Law

Receiving an OWI for the first time in Wisconsin is a civil crime unless a passenger under 16 years of age is in the vehicle at the time. In that case, it becomes a criminal offense. To no surprise, the penalties for this offense are severe.

Penalties for OWI with a Minor in the Vehicle

Recent changes by the state legislature have increased the fines and penalties associated with impaired driving offenses, including those with a minor passenger. If you receive an OWI with a minor in the vehicle at the time, you will be charged with a crime. Convictions for this crime include as much as 6 months in jail, fines as high as $1,100, and loss of your driver’s license for as long as 18 months.

If anyone is injured while the driver was operating the vehicle with a minor passenger or if the driver has previous convictions, fines and penalties increase and the crime becomes a Class H felony. Class H felonies in Wisconsin can result in much as 6 years imprisonment and as much as $10,000 in fines.

Hire a Wisconsin Defense Attorney if You are Facing Charges

The repercussions of a conviction for intoxicated driving with a minor passenger are extremely serious. Do not leave your defense strategy to chance. Contact an experienced OWI attorney immediately if you are facing such charges.

Make your first call to Eisenberg Law Offices. Our attorneys have decades of experience handling drunk driving cases and can help protect your driving record and freedom.

Call 608-256-8356 or email our offices at info@eisenberglaw.org to schedule a free consultation.

This post was originally published at https://www.eisenberglaw.org/owi-with-a-minor-passenger-wisconsin-owi-defense/.

Monday, March 21, 2022

Personal Injury Contingency Fees | Eisenberg Law Offices

 

What Are Contingency Fees in Personal Injury Claims?

Whenever a person is injured due to another person’s negligence, they may have grounds for a personal injury claim. Injury cases arise from many different situations including car accidents, slip and falls, bicycle or boating accidents, medical errors, and even dog bites. Filing a lawsuit against the negligent party is one way victims can begin to recover from the accident. The compensation received is often used to pay for the financial and emotional losses suffered as a result of the accident.

Personal injury cases are complex, which is why it is best to enlist the services of an experienced attorney when filing an injury claim. Many victims are reluctant to do so because they worry about affording legal services. Fortunately, contingency fee arrangements make it possible for accident injury victims to obtain legal counsel without any upfront costs.

How Contingency Fee Arrangements Work

In a contingency fee arrangement, the attorney does not receive payment for their services unless you are awarded compensation for your losses. In other words, the attorney does not get paid unless you win your case. 

Under these arrangements, the attorney will receive a previously agreed-upon percentage of the compensation you are awarded. Contingency arrangements are extremely helpful for accident victims who are often already struggling to afford medical bills, forced to miss work, or left with property damage that must be repaired or replaced because they don’t require victims to pay for legal services up front.

Contingency arrangements differ from firm to firm and even from case to case which is why you should always receive your agreement in writing and signed by both parties. Request transparency in when and how much the attorney will be paid so you fully understand how the arrangement works because there will be court costs incurred before a judgment is awarded. A written agreement should clearly spell out who will be responsible for paying those expenses and if they are to be paid as they are incurred or after the case is settled.

Discuss Your Case With a Personal Injury Attorney During a Free Case Consultation

Eisenberg Law Offices offers contingency fee arrangements for personal injury cases throughout Wisconsin. Contact us to begin the process with a free case consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/personal-injury-contingency-fees-eisenberg-law-offices/.

Saturday, March 19, 2022

Wisconsin Personal Injury Lawyer | Eisenberg Law Offices

 

Why it is Important to Contact a Wisconsin Personal Injury Lawyer Soon After an Accident

After suffering a personal injury in Wisconsin, you may be overwhelmed with tasks and appointments related to medical care, property damage, or recovery. It might take a while for you to get back to some semblance of normal life and find time to just breathe, let alone think of next steps. It’s not uncommon for accident victims to begin to think about contacting a personal injury lawyer once they have an opportunity to process their situation, but you never want to wait too long to contact a lawyer.

3 Reasons to Speak with a Personal Injury Lawyer Immediately After an Accident

There are several reasons why it is important to contact a personal injury firm soon after an accident.

  1. You Won’t Miss Your Chance to File a Claim. Statutes of Limitations laws establish timeframes within which personal injury lawsuits can be filed. In Wisconsin, personal injury suits generally must be filed within 3 years from the date of the incident, 2 years if there is a death, or you will lose your opportunity to pursue a claim forever. A personal injury lawyer will be able to ensure you meet all of the necessary deadlines and file the correct paperwork
  2. You Will Have Support and Help When You Need it Most. A qualified attorney can help you manage your case from the very beginning. This includes talking to insurance companies and the other party and their attorney. Not only is this support helpful to you at the time, it can also be invaluable if you do decide to file a personal injury lawsuit later on because the attorney will have direct insight into your experience and full knowledge of the circumstances up to that point. Early involvement of an attorney can also help you develop an early strategy.
  3. More Time Helps Attorneys Build Their Best Case. Personal injury cases vary wildly, which means that no two cases are ever the same and no case is a sure win. Early involvement by an attorney will give your legal counsel more time to collect evidence, speak with witnesses, and build your case. A well-researched and well-prepared case improves your chances of obtaining a favorable outcome. In most cases, your attorney can even help you obtain a fair settlement and avoid going to court.

Legal Advice is Always Advisable

Regardless of whether or not you intend to pursue a claim, it never hurts to seek legal advice. At Eisenberg Law Offices, we understand the trepidation, questions, and emotions victims can have about pursuing a claim which is why we offer free, no-obligation case consultations to personal injury victims. Find out if you have a personal injury case or what legal options are available to you by contacting our Madison, Wisconsin law office at 608-256-8356 or info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/wisconsin-personal-injury-lawyer-eisenberg-law-offices/.

Thursday, March 17, 2022

Protecting Driving Privileges After OWI in Wisconsin

 

Protecting Driving Privileges During an OWI Investigation in Wisconsin

The single biggest concern of Wisconsin drivers who are facing an OWI investigation is whether or not they will lose their driving privileges. Losing your driver's license is definite  if you've been convicted   of driving while intoxicated in the state, but there are ways to protect your driving privileges while your case is being investigated.

The Wisconsin Point System

Driving is considered a privilege, not a right. Unsafe driving practices can lead to that privilege being revoked and your driver's license suspended. Wisconsin uses a point system to track and gauge a driver's habits and determine whether or not a suspension is required. Under the point system, each driving infraction is assigned a point value. These points are assigned to your driver's license and driving record. The more points you have, the more likely you are to face driving restrictions or even a loss of your driving privileges.

Protecting Your Driving Privileges

If you  are arrested, you will be issued a 30-day temporary license. After the 30 days have passed your license will be suspended. When you are given the temporary license you will also receive a "Notice of Intent to Suspend" or "Notice of Intent to Revoke".

This notice is important for two reasons. It tells you the date on which your license will be suspended and also gives you an opportunity to request an Administrative Review Hearing. Requesting an Administrative Review Hearing is the only way to avoid losing your license before going to court. After your 30-day temporary license ends, your driving privileges will be suspended while you await your day in DUI court.. By requesting an Administrative Review Hearing, you have a chance to keep your license active while awaiting your court date. Even if your license is suspended, most people are eligible for an occupational license immediately. 

The tricky part is making the request in time. You have only 10 days from the time your Notice of Intent was issued to request the hearing. If you do not make the request during this time, your driver's license will be automatically suspended after your 30-day temporary license expires.

Fight to Keep Your Driver's License With Help From Our Wisconsin OWI Attorneys

As soon as you are taken into custody, contact an OWI defense attorney at Eisenberg Law Offices. There is a very short window of time in which to request an administrative hearing and try to save your license. Our OWI attorneys can help you beat the deadlines, avoid penalties, and retain your driving privileges. Once your license is secure, we will work with you to build a strong defense.

Just as there are many ways to lose your driver's license in Wisconsin, there are also many ways to protect it. Trust the experience of our OWI attorneys to protect your rights and your driving privileges. if you rely on being able to drive for your livelihood, it is even more important that you receive help in protecting your license.

Contact Eisenberg Law Offices at 608-256-8356 or info@eisenberglaw.org to request a free consultation. Be sure to tell us you would like to request an Administrative Review Hearing so we do not lose valuable time.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/protecting-driving-privileges-after-owi-in-wisconsin/.

Tuesday, March 15, 2022

Distracted Driver | Personal Injury Claims | Eisenberg Law

 

What Evidence Is Used in Distracted Driver Personal Injury Claims?

Distracted driving remains one of the leading causes of vehicle accidents in Wisconsin and throughout the country. These accidents have a high occurrence of personal injury, leading to millions of dollars in damages every year. Given how common distracted driving is, personal injury attorneys always examine the evidence of a case to ascertain whether or not the accident could have been caused by a distracted driver.

Even when a distracted driver is suspected, proving it is not always so simple. In this post, we examine the key pieces of evidence that our personal injury attorneys examine when pursuing a distracted driving claim.

Evidence in Distracted Driving Cases

When you are represented by a personal injury attorney after having been injured in a car accident, the attorney will collect and examine evidence to build your case and try to prove that negligence played a role in the accident and your resulting injuries, including:

  • Your Memories of the Accident. Always be fully honest and truthful with your attorney about the accident. Share everything you can remember leading up to, during, and after the accident. This is particularly important if you remember seeing the driver using a phone or being distracted in some other manner.
  • The Police Report. Officers responding to the accident will have filed a police report. Attorneys review this for comparison with your memories and to look for evidence of negligence. If you think the other driver was distracted, you should always report that to the responding officer so it is included in the report. The police report also frequently contains a preliminary conclusion as to the cause of the accident and will serve as documentation of the weather and road conditions and any other mitigating factors.
  • Witnesses. Some accidents are seen by people not involved in it. These witnesses can provide valuable testimony regarding the actions of both drivers. Having witnesses corroborate your testimony that the other driver was distracted is helpful to your case, but they might also share information that hurts your case. It is the attorney's job to sort through the witness statements to look for facts as well as inconsistencies. Witnesses may be listed in the police report or you may have spoken to them after the accident or they may live or work near the site of the accident.
  • Visiting the Accident Scene. Revisiting the scene of the accident, reconstructing the accident, and investigating the accident scene can all yield important evidence in a personal injury case. Measurements, photographs, evidence of property damage or skid marks can all be used to help build a picture of what happened when the accident occurred. Experts may be called in to provide testimony related to the evidence collected and the conclusions drawn.
  • Electronic Data. Electronic data can be very helpful in distracted driver cases. Your attorney may be able to subpoena information from the other party to build the case. Examples of electronic data include: cell phone records, event data recorder (EDR) reports, surveillance footage. Cell phone records can be used to prove that the driver was using their cell phone at the time of the accident. EDRs are similar to "black boxes" found on airplanes. EDRs record vehicle data which can be used to bolster your case. Surveillance cameras from nearby homes and businesses may have captured the accident. This visual evidence can be invaluable in building a case.

Speak with a Distracted Driver Attorney at Eisenberg Law Offices

Every personal injury claim deserves to be examined by an experienced attorney. Even if you think the evidence is overwhelmingly in your favor and are offered a settlement, a qualified attorney may be able to build a case that nets you a larger settlement amount. Contact the distracted driver attorneys at Eisenberg Law Offices for a complete and thorough review of your accident to see if you are eligible for more compensation.

Arrange a free consultation with an attorney by calling 608-256-8356 or emailing info@eisenberglaw.org today.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/distracted-driver-personal-injury-claims-eisenberg-law/