Myths About OWI Charges in Wisconsin | Eisenberg Law

 

Myth Busting: OWI Charges in Wisconsin

Being charged with an OWI in Wisconsin can be an alarming and confusing experience. You will no doubt have questions and wonder how a conviction will affect you and your ability to drive. You might even buy into some of the more common myths about OWIs in Wisconsin. The OWI attorneys at Eisenberg Law Offices are here to dispel 3 of these myths so you are better prepared to deal with an OWI charge.

Myth #1: Receiving an OWI Isn’t Serious

Receiving an OWI means you were caught driving drunk. That is a very serious charge in Wisconsin where even first-time offenders are being severely punished. At a minimum, a conviction on a second or worse OWI charge will include jail time, fines, and a suspension of your license. Depending on your BAC level and if you have a history of driving under the influence, you may have even steeper fines and penalties. An OWI conviction will go on your public record which can affect your life in many ways including employmenty, housing , and even loans and lending options.

Myth #2: There Is No Way to Fight OWI Charges

Some drivers simply accept the OWI charges because they think they have no other options. Even if the evidence against you seems overwhelming, it is still possible to fight OWI charges in Wisconsin. Police must follow certain procedures when they pull you over and charge you. If they don’t, they may violate your constitutional rights, which can give you an opening to fight the charges. Another gray area is in the breath tests that are used to detect alcohol levels. They are notoriously unreliable and results can be skewed by many factors contributing to a false-positive result.

Myth #3: It’s Not Worth Hiring an OWI Attorney

When you have no hope and believe that a conviction is inevitable, it is easy to tell yourself there is no point in hiring an OWI attorney. But that is not true. An OWI conviction will change your life. You can lose driving privileges, suffer reputational damage and financial hardship, and even spend time in jail. A conviction will go on your permanent record.. Given the serious repercussions of an OWI on your life, it is extremely important to mount your best defense with the help of an OWI attorney.

Contact Eisenberg Law Offices For Help Fighting OWI Charges

The Wisconsin OWI lawyers at Eisenberg Law Offices can help you understand your situation, the charges against you, the repercussions, and your options. We will build your defense, ensure your rights are fully protected and do our best to minimize the impact that a conviction will have on your life. Schedule a free case consultation with an OWI attorney by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/myths-about-owi-charges-in-wisconsin-eisenberg-law/.

Plea Bargain in Wisconsin | Eisenberg Law Offices

 

A Guide to the Wisconsin Plea Bargain

Given how often they show up in television shows, almost everyone has heard of a plea bargain or plea deal. As we all know, however, the reality is a bit different from TV. First things first, plea deals are a real legal concept and they are used by Wisconsin prosecutors. They can be very helpful in minimizing the consequences of a crime, but automatically accepting an offer may not always be your best choice. Here’s what you need to know about plea bargains in Wisconsin.

Defining Plea Bargain

A plea bargain is an agreement between the prosecution and the defendant that eliminates the need for a trial. The advantage of these arrangements for the prosecution is a guaranteed conviction without spending the resources needed to go to trial. Defendants benefit because the punishments are usually less severe than what they risk by going to trial.

There are two primary types:

1. Guilty Pleas. In a guilty plea, the defendant agrees to admit to committing a certain crime. In exchange, the defendant may receive a less severe sentence.

2. No Contest Pleas. No contest pleas are neither admissions of guilt nor innocence, but the defendant agrees to be found guilty. 

Should You Consider a Plea Deal in Wisconsin?

How do you know if you should consider accepting a plea deal? Sometimes, the deal is advantageous. At other times, it comes down to a risk assessment. How confident are you in your ability to fight the charges against you and come out victorious?

In most cases, the prosecution is willing to drop some charges or recommend a reduced or specific sentence to the judge in exchange for a guilty plea.

Don’t Accept a Plea Bargain Without a Wisconsin Attorney By Your Side

A plea might seem like a simple solution to a complex problem, but it can be complex and confusing. You should always consult a qualified criminal defense attorney before accepting any plea deal. Their knowledge of state law and federal laws can help you decide if the offer is beneficial to you or not.

If you have been offered a plea deal and need legal advice, contact the Wisconsin criminal defense attorneys at Eisenberg Law Offices. We will examine the facts of your case, the evidence against you, and the deal on offer to advise you of your best approach to the situation. Learn about your options during a free case consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/plea-bargain-in-wisconsin-eisenberg-law-offices/.

Recovering From Pedestrian Injuries | Bike Accident Injuries

 

Recovering From Pedestrian or Bike Accident Injuries

Walking and riding a bicycle are two simple, effective, and accessible forms of exercise and environmentally friendly ways to get to where you need to go. Yet, they are not without risk. Bicycle and pedestrian accidents are fairly common and often lead to injury. Pedestrian injuries and bike accident injuries can take many forms. Maybe they involve a vehicle. They might be a hit-and-run accident. They could also happen due to poor road, sidewalk, or bikeway maintenance. Then, of course, there’s the weather in Wisconsin. Snowy or icy conditions or poor visibility due to rain or snow can all contribute to accidents and injuries.

Causes of Bike Accident and Pedestrian Injuries

The most severe bike or pedestrian injuries almost always involve an automobile. Even though we require drivers to pass exams and hold driver’s licenses, they don’t always follow the rules of the road. Stop signs, traffic signals, designated crosswalks, and speed limits… are all designed to help protect pedestrians, bicyclists, and other drivers, but they only work if people pay attention and obey them. Distracted driving is a major cause of accidents and bike and pedestrian injuries. Drivers, as well as walkers and bicyclists all, have a responsibility to be aware of their surroundings, obey the rules of the road, and share roadways and walkways. 

Compensation is Possible for Pedestrian or Bike Accident Injuries

Pedestrians and cyclists are extremely vulnerable when they are involved in an accident with an automobile. They have very little protection compared to people in cars and can suffer severe injuries. Recovering from these injuries takes time and money. Pedestrians and bicyclists often have to rely on their own health insurance plans to pay for medical costs, but there are other options.

One option is auto insurance. If you own a car and have auto insurance, you will  have coverage as a pedestrian or bicyclist if you are hit by a vehicle.  Medical payment coverage will pay immediate medical bills, but you should rely on your health insurance first. If the driver of the vehicle was responsible for the accident, you can also file a claim against their auto insurance policy. If it was a hit-and-run accident, you’ll have to rely on your own policy for help covering medical expenses.

In situations like this, it is best to consult an accident attorney for advice.

Meet With an Accident Attorney to Learn More About Your Compensation Options

If you have been injured as a pedestrian or bicyclist, schedule a time to meet with an accident attorney at Eisenberg Law Offices. We represent accident injury victims as they navigate the insurance claims process  in personal injury suits to help them obtain the compensation they need and deserve. 

Learn more about our services and how we can help you recover from accident injuries by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/recovering-from-pedestrian-injuries-bike-accident-injuries/.

Bike Accident Medical Costs | Paying For Medical Costs

 

4 Ways To Pay For Medical Costs After A Bike Accident in Wisconsin

If you have been unfortunate enough to be involved in a bike accident with a vehicle in Wisconsin, chances are you have been injured, possibly severely. The medical costs for your recovery can be extensive and feel overwhelming, but there are several options available to help you pay for these costs.

Paying for Health Care Expenses After a Bike Accident

1. Personal Health Insurance. Personal health care coverage can be used to pay medical bills after a bicycle accident. Exactly how much your insurance will cover is different for everyone because insurance coverage differs from provider to provider and from policy to policy. You may have a co-pay and need to meet deductibles before coverage kicks in but in general, personal health insurance should cover ER visits, surgery, physical therapy, and prescription medications. You might also have funds in a HAS or FSA account that could be used to cover certain medical expenses as well.
2. The Other Party’s Auto Insurance.   The other party’s automobile insurance will not pay for your medical expenses until the claim is completely settled.
3. Your Own Auto Insurance. If you have auto insurance that provides for medical payment coverage, that will help pay for medical costs.. Check your policy for medical payments, Uninsured or Underinsured Motorist Coverage. These coverages help protect you against injuries from uninsured drivers.
4. Settlement Liens. Your health insurance provider  will place a lien against your settlement award if the insurer paid for your medical costs. If a lien is placed on your settlement, your attorney will make sure the appropriate lien holders are reimbursed

Receive Help With Your Medical Claim From Our Wisconsin Bike Accident Attorneys

There are many options available to pay medical bills after a bicycle accident, but you might need help identifying them and then navigating the claims process to receive the full compensation you are due. When that happens, contact the bicycle accident attorneys at Eisenberg Law Offices. We offer free consultations to help you understand your situation and your options. Schedule your consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/bike-accident-medical-costs-paying-for-medical-costs/.

3 Defenses to Domestic Violence Charges | Eisenberg Law

 

3 Common Defenses to Domestic Violence Charges

Domestic disagreements are often highly emotional and volatile and it is all too common for domestic violence charges to result. Despite Wisconsin's strong protections for victims of domestic violence, there are several defenses to domestic violence charges that can help offenders put forth a strong defense and minimize the damage that a conviction can bring.

Anyone who is convicted of domestic violence in Wisconsin may experience repercussions in every facet of their lives from their living situation to employment to contact with their children and loved ones. It is because of these serious consequences that anyone charged with domestic violence consults a criminal defense attorney for advice and representation. The stakes are simply too high to leave your defense to chance.

What Constitutes Domestic Violence in Wisconsin?

Under Wisconsin law, domestic violence occurs when a person victimizes a spouse, ex-spouse, co-parent, or adult household member in specific ways. These include:

• Purposely causing physical injury, pain, or an illness
• Tormenting or impairing an otherwise disabled victim
• Raping or sexually assaulting a household member
• Engaging in a physical act or threats causing imminent fear of physical or sexual harm

3 Common Defenses to Domestic Abuse Charges

Defenses to domestic violence charges often center on defeating one or more essential elements of the crime. If the allegations are false or exaggerated, your attorney will work to prove this one essential element, for example. The most common defenses to domestic violence charges are:

1. Self-Defense. This defense can be used if you can prove that you were defending yourself or someone else in your household from bodily harm. In order to protect yourself, you may have had to use force or defend yourself with a weapon. In this type of situation, the aggressor may be injured, but your actions do not necessarily constitute domestic violence.
2. Factual Fraud. This defense is used when the "victim" files false domestic violence reports. We see this frequently in divorce and custody disputes as a way for the filer to attempt to sway the judgment in their favor. Your attorney will focus on collecting the facts and establishing the truth of the situation under this defense option.
3. Excluded Victim. Not every situation will qualify as domestic violence. There are very strict definitions of which household members qualify in a domestic situation. If the victim does not meet these qualifications, the incident may not qualify as domestic violence.

Mitigating Circumstances Can Affect Outcomes

One thing to be aware of in a domestic violence situation is that both parties may receive injuries and both parties may end up being charged with domestic violence, not just the instigator. Even if one party is determined to be the aggressor, the other party may find themselves facing domestic violence charges for retaliating disproportionately. Law enforcement, attorneys, and judges always consider the history between the two parties and any mitigating factors when dealing with domestic violence situations. Your criminal defense attorney might be able to use these mitigating factors to make the case for a reduced sentence or have some charges dismissed.

Meet With an Eisenberg Law Offices Criminal Defense Attorney to Discuss Defenses to Domestic Violence Charges

There are personal, professional, and reputational implications to being convicted of domestic violence. A conviction will go on your permanent record and follow you for the rest of your life. If you are facing domestic violence charges, contact Eisenberg Law Offices to build your strongest defense. Our criminal defense lawyers have been advocating for our clients' best interests since 1983 and we have built a reputation as thorough, effective, and trustworthy defense attorneys.

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

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/3-defenses-to-domestic-violence-charges-eisenberg-law/.

Free Case Consultations With A Personal Injury Attorney

 

Questions to Expect and Ask During a Free Consultation With a Wisconsin Personal Injury Attorney

Eisenberg Law Offices offers free case consultations with a Wisconsin personal injury attorney for those who have been injured in an accident. Despite what you may have heard, there are no strings attached when injury attorneys offer this service. This initial meeting is helpful for both you and our attorneys because it helps determine if you legally have a case to pursue.

During this meeting, the attorney will ask you a lot of questions and you will have a chance to ask questions of them too. To help you make the most of this initial meeting, we have assembled some of the more common questions and items discussed in these free consultations.

Questions the Personal Injury Attorney May Ask of You

The purpose of this free consultation is to meet you and learn the details of your situation to determine whether or not you have a case. Just because you have been injured or feel wronged, does not mean you have grounds for a personal injury case in Wisconsin. In order to have a case, the personal injury attorney must be able to prove that the other party was more negligent than you and that the negligence contributed to or caused the accident in which you were injured.

The attorney will ask you many questions to help determine negligence and to try and ascertain your chances of winning the case. Neither you nor the law firm will want to proceed with the case if there is no chance of winning or worse, no case at all.

Some of the questions that our Wisconsin injury attorneys ask during this meeting are:

• When did the accident occur? What was the date, time, and location?
• Were any other parties involved? If so, who?
• How did the accident happen?
• Did the weather play a factor in the accident? If so, what was the weather like?
• What can you remember about the time right before the accident happened?
• Were you hurt or injured? If so, how and where?
• Did you seek medical treatment for those injuries immediately after the accident?
• What was your diagnosis?
• Have you received any medical bills?
• Have your injuries affected you physically, emotionally, and/or mentally?
• Can you take care of yourself or do you need assistance?
• Have you missed any work while recovering from the accident?
• Have your injuries affected your personal relationships?

Be as honest as possible when answering these questions. These free meetings are still protected by the attorney-client privilege. Everything discussed during the meeting will be kept confidential so there is no reason not to be as accurate and honest as possible.

Preparing for Your Free Case Consultation

It helps to prepare a few items ahead of time for your consultation. That way you won't have to try and dredge up every little detail during the meeting with the personal injury attorney. Jot down some notes and gather the following information:

• Facts and details about the accident.
• information about your injuries, including doctor's notes, diagnostic reports, and medication records. Include descriptions of your injuries and how they are affecting you.
• Your health and auto insurance information.
• Copies of the police report and evidence of tickets issued.
• Photos of your injuries and the accident scene.
• Contact details and insurance information of the other party.

Questions to Ask the Personal Injury Attorney

This consultation is a time for you to ask questions too. Think of it as an interview to find out if the law firm or the attorney will be a good fit for working with you. Writing your questions down ahead of time can help ensure you ask everything that is important to you or relevant to your decision-making. Be sure to write down answers to your questions too so you can refer back to them later.

Here are some examples of the most common questions we are asked at our Wisconsin injury firm:

• How long will this take? How does the legal process work?
• How much can I be awarded? What is the value of my case?
• Why should I hire an attorney? Can't I just represent myself?
• If I hire your firm, what happens next?
• How do I pay for legal services?
• How do I pay for my medical bills while going through the legal process?
• What kinds of things can I do to support my claim? Is there anything I should not do?
• Who will be my point of contact at your firm during the process? How does communication work? Who do I contact with questions?

Schedule Your Free Case Consultation at Eisenberg Law Offices Today

Eisenberg Law Offices has been providing legal services since 1983.  Our attorneys are experienced in all types of personal injury cases and represent clients throughout the state. We are devoted to helping our clients recover emotionally and financially from injury accidents and that begins with a free case consultation. Schedule your no-obligation case consultation with an Eisenberg Law personal injury attorney by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/free-case-consultations-with-a-personal-injury-attorney/.