Wisconsin Probation Rules | Probation in Wisconsin

 

Wisconsin Probation Rules to Know

Probation is a sentencing option that allows defendants to fulfill their sentence outside of prison or jail. Wisconsin probation rules require community-based supervision. Specific requirements for probation are set by the judge in the case. Judges impose several conditions or requirements when they allow offenders to receive probation in lieu of imprisonment. These conditions are set to ensure the offender does not pose a threat to the community or commit another offense. Offenders must follow all of their probation rules in order to fulfill their sentencing requirements.

How is Probation Granted?

Probation can be granted in two ways in Wisconsin.

1. Sentence Withheld, Placed on Probation. This option protects offenders from going to jail or prison. Instead, they are placed under the supervision of the Department of Corrections. If offenders violate the terms of their probation in any way, they will need to appear in court for sentencing.
2. Sentence Imposed and Stayed, Placed on Probation. This is the type of probation that is common in TV and movies. An offender may go to jail or prison for part of their sentence. While they are serving time, a judge suspends or stays the sentence and places them on probation instead. Again, any violation of the probation rules while on probation will see probation revoked and the original sentence reinstated. The only difference between this option and the prior option is that offenders will not need to reappear in court to be sentenced.

Although probation is highly coveted, it comes with many rules that probationers must follow to fulfill their sentencing terms. Offenders who receive probation should fully understand the requirements of their probation so that they do not accidentally violate them.

Wisconsin Probation Rules

The Wisconsin Department of Corrections is responsible for establishing the probation rules. Judges are responsible for establishing the specific terms of an individual offender’s probation.

1. Avoid all conduct that violates federal or state statute, municipal or county ordinances, tribal law or which is not in the best interest of the public welfare or your rehabilitation.
2. Report all arrests or police contact to your agent within 72 hours.
3. Make every effort to accept the opportunities and cooperate with counseling offered during supervision to include addressing the identified case plan goals. This includes authorizing the exchange of information between the department and any court-ordered or agent-directed program for purposes of confirming treatment compliance; and subsequent disclosure to parties deemed necessary by the agent to achieve the purposes of Wisconsin Administrative Code Chapter DOC 328 and Chapter DOC 331. Refusal to authorize the exchange of information and subsequent disclosure shall be considered a violation of this rule.
4. Inform your agent of your whereabouts and activities as he/she directs.
5. Submit a written report monthly and any other relevant information as directed by DCC staff.
6. Make yourself available for searches including but not limited to residence, property, computer, cell phone or other electronic devices under your control.
7. Make yourself available for tests and comply with ordered tests by your agent including but not limited to urinalysis, breathalyzer, DNA collection and blood samples.
8. Obtain approval from your agent prior to changing residence or employment. In the case of an emergency, notify your agent of the change within 72 hours.
9. Obtain approval and a travel permit from your agent prior to leaving the State of Wisconsin.
10. Obtain written approval from your agent prior to purchasing, trading, selling or operating a motor vehicle.
11. Obtain approval from your agent prior to borrowing money or purchasing on credit.
12. Pay court-ordered obligations and monthly supervision fees as directed by your agent per Wisconsin Statutes, and Wisconsin Administrative Code; and comply with any department and/or vendor procedures regarding payment of fees.
13. Obtain permission from your agent prior to purchasing, possessing, owning or carrying a firearm or other weapon, or ammunition, including incapacitating agents. An offender may not be granted permission to possess a firearm if prohibited under federal or state law.
14. Not vote in any federal, state or local election as outlined in Wisconsin Statutes s.6.03(1)(b) if you are a convicted felon until you have successfully completed the terms and conditions of your felony sentence and your civil rights have been restored.
15. Abide by all rules of any detention or correctional facility in which you may be confined
16. Provide true, accurate, and complete information in response to inquiries by DOC staff.
17. Report as directed for scheduled and unscheduled appointments.
18. Comply with any court-ordered conditions and/or any additional rules established by your agent. The additional rules established by your agent may be modified at any time as appropriate.

Arrange a consultation by calling 608-256-8356 or emailing info@eisenberglaw.org to meet with an Eisenberg Law Offices attorney.

This post was originally published at https://www.eisenberglaw.org/wisconsin-probation-rules-probation-in-wisconsin/.

Should You Talk To Police After An Arrest In Wisconsin?

 

What Should You Say When You Talk To Police After An Arrest?

Interactions with Wisconsin law enforcement are full of opportunities for miscommunication and misunderstanding. Emotions and anxiety run high and can cause both offenders and law enforcement officers to escalate the situation. It is so important to remain levelheaded and to understand your constitutional rights when you are asked to talk to police after an arrest in Wisconsin. This includes knowing what to say and what not to say. It is up to you to advocate for yourself in the immediate aftermath of an arrest. If you do not speak up for yourself and your rights, the police may ignore them.

By knowing what your rights are, you can protect yourself and stay safe until you are able to speak with your attorney.

Your Basic Rights During a Police Interrogation

1. The Right to Remain Silent. This well-known right given to us by the Fifth Amendment protects you from self-incrimination. You cannot be forced to testify against yourself at trial and you cannot be forced to talk to police after an arrest or give evidence that could incriminate you. Remaining silent after an arrest is the best way to protect yourself. Do not succumb to pressure to waive this right and do not answer questions about your arrest or what happened..
2. The Right to Counsel. The Sixth Amendment provides another important protection: the right to counsel. This right provides protection well before the trial. Along with the Fifth Amendment right, your right to counsel protects you from saying anything incriminating because you can choose not to answer the questions until you have spoken to your attorney.
3. Your “Miranda Rights”. Miranda Rights are also a result of the Fifth Amendment. These rights must be verbally shared with you before you are interrogated. The Miranda Warning that must be shared is:

• You have the right to remain silent.
• Anything you say can be used against you.
• You have the right to an attorney.
• If you cannot afford an attorney, one will be appointed to you.

Be Sure to Cooperate After an Arrest

Although you do not have to talk to the police after an arrest, there are a few things you are required to share:

• Identification, when asked.
• Address, when asked.

Always cooperate during the booking procedures and don’t fight the arrest or you may find yourself facing additional charges in Wisconsin, such as resisting arrest.

Remain calm and polite, but do not answer any questions that could incriminate you, including what you were doing or who you were with. Remember your rights. You can always tell the police you are invoking your right to remain silent and your right to speak with an attorney.

Contact The Eisenberg Law Criminal Defense Attorneys Before You Talk to Police After an Arrest

As soon as you have been arrested, contact the Wisconsin criminal defense attorneys at Eisenberg Law Offices. The longer you wait, the higher the risk of self-incrimination and the more difficult your situation could become. Our attorneys will make sure that correct legal procedures are followed and that your rights are protected from the very beginning of your case.

We offer free consultations to discuss your case, so you have nothing to lose. Call 608-256-8356 or email info@eisenberglaw.org to speak with a Wisconsin criminal defense attorney.

This post was originally published at https://www.eisenberglaw.org/should-you-talk-to-police-after-an-arrest-in-wisconsin/.

Slip and Fall Accidents | Spine Injuries

 

When a Slip and Fall Leads to Spine Injuries

Our backs are amazing. They support the entire body, protect the nerves that send messages throughout the body, and provide support for some of the largest muscles in the body. This is why spine injuries are so devasting. They can affect the nervous system and the musculoskeletal system and can impact the entire rest of your life.

A slip and fall accident is one of the most seemingly innocent types of accidents, after all, who hasn’t slipped on ice in Wisconsin? Yet, a simple slip can really mess up your back! In this post, we take a look at how to protect yourself to avoid the worst spine injuries.

Causes of a Slip and Fall

Trips, slips, and falls often result in embarrassment more than anything else, but the danger is real. Slipping and falling happen quickly and can injure your body in very obvious ways immediately, such as a broken arm, or in subtle ways that may not become evident until later, like back pain that doesn’t go away. When we fall our immediate response is to try and brace ourselves for impact. this impact can leave bumps, bruises, and broken bones. A slip and fall can happen at any time and is commonly caused by:

• Icy conditions
• Wet floors or pool areas
• Grease
• Debris

The Spine During a Slip and Fall

Since our natural reaction is to stop ourselves from falling, most people will reach out with their hands to stop the impact. But this does not protect other areas of your body, like the spine. Regardless of how you fall, the impact will jar your spine and affect the muscles in your torso, even if you don’t land on your back. That means any fall can result in spine injuries. The jarring impact can shift the spinal column or the individual disks in the spine which may cause pain and/or put pressure on the nerves in the spinal nerves. Not only can this cause localized pain or injury to the area, but nerve damage can also result anywhere in the body where this very sensitive area is hurt. The consequences of spine injuries range from mild and short-term to completely devastating and permanent.

What to do if You are Injured in a Slip and Fall Accident

If you are hurt in a slip or fall, seek medical attention right away. This will help identify any acute injuries and may head off further damage you may unwittingly cause to yourself. If your fall was the result of someone else’s carelessness or negligence, contact an accident attorney at Eisenberg Law Offices. We may be able to help you prove the other person liable for your injury and obtain compensation for you. This compensation becomes incredibly helpful when victims have spine injuries because it gives them a financial cushion to support them as they recover from their injuries.

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

This post was originally published at https://www.eisenberglaw.org/slip-and-fall-accidents-spine-injuries/.

Car Accident Types | Wisconsin Car Accidents

 

4 of the Most Common Types of Car Accidents in Wisconsin

Wherever there are drivers, there are certain to be car accidents. As we head into the busy summer season in Wisconsin, we want to take a look at four of the most common types of car accidents and tips on how to best protect yourself against an accident.

Common Car Accidents

• Rear-End Collisions. These are the most common type of car accidents across the nation. The NHTSA estimates that rear-end crashes make up 29% of all car accidents. They frequently happen as a result of tailgating but can also be caused by driver distraction. By following too closely, drivers do not have enough time to stop if traffic slows or stops suddenly and a collision occurs.

Prevention tips: Always maintain a safe distance between your car and other vehicles in front of you. Do not allow yourself to be distracted when driving; put away devices and pay attention to the road, traffic, and weather conditions. If you are being tailgated, try to move out of the other driver’s way by changing lanes or pulling over to let them pass.

• Side-Impact Crashes. These types of collisions are particularly dangerous and accounted for 23% of passenger vehicle occupant deaths in 2019, according to the IIHS. T-bone accidents are an example of a side-impact crash and typically happen at intersections when a vehicle runs a red light and hits a car traveling through the intersection. These collisions are so deadly because there is less area on the sides of vehicles to absorb the impact of the crash before it reaches passengers.

Prevention tips: Avoid side-impact crashes by always looking both ways when approaching an intersection – even if you have the right of way. Do not run red lights or try to beat the yellow.

• Crashes While Merging. Sideswipes can occur when two cars are merging on a ramp or when lanes are reduced. They typically happen due to a failure of one or both drivers to check their blind spots.  

Prevention tips: Always check for blind spots when merging, even if your car has blind-spot monitoring. Avoid speeding or trying to get ahead of other vehicles when merging.

• Head-On Crashes. Head-on crashes are the deadliest type of car accident because they often occur at high speeds. This impacts the ability of the vehicle’s safety systems such as seatbelts and airbags to function well enough to bear the brunt of the impact and protect passengers from injury. These types of accidents can occur with other cars, animals, or stationary structures and are often the result of impaired driving or wrong-way driving.

Prevention tips: Obey posted speed limits and signs. Do not drink and drive or use drugs before driving, including prescription drugs that may affect your ability to drive. Pay attention to your surroundings and other drivers and try and prevent these accidents from occurring.

Are You Due Damages From a Wisconsin Car Accident? The Attorneys at Eisenberg Law Can Help You

There are many avenues to pursue if you have been injured in a car accident in Wisconsin. The auto accident attorneys at Eisenberg Law Offices can help you explore all of your legal options to receive compensation for your injuries and subsequent recovery.

Arrange a free consultation with our Wisconsin car accident attorneys by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/car-accident-types-wisconsin-car-accidents/.

Defense Strategies For Drug Charges In Wisconsin

 

7 Defense Strategies for Drug Charges in Wisconsin

Drug possession often leads to drug charges in Wisconsin. These charges carry severe penalties, some of which may affect your life for years to come if not longer. Jail time, fines, loss of rights and privileges, reputational damage, and an impact on personal and professional relationships are all potential fall-outs from a drug conviction.

However, there is one important point to keep in mind: A drug charge does not guarantee a drug conviction.

Anyone who is charged with a crime is entitled to due process under the law, during which the prosecution must prove the case against you. This provides the accused with an opportunity to mount a defense to drug charges and avoid the worst of the penalties for conviction.

The criminal defense attorneys at Eisenberg Law Offices represent people facing drug charges throughout Wisconsin. Below, are some of the possible strategies that could be used in your defense.

Defense Strategies to Drug Charges

1. Unlawful Searches and Seizure. The Fourth Amendment to the U.S. Constitution protects against unlawful searches and seizures. It can be argued that drugs were found as a result of an illegal search and they can be tossed out as evidence.
2. The Drugs Aren't Yours. Saying you didn't do it or the item in question is not yours is a common defense to many criminal charges, including drug possession. Claiming that the drugs were not yours and you do not know how they came to be in your house/car puts an even further burden on the prosecution to prove without a shred of doubt that the drugs found belonged to you.
3. Crime Lab Analysis. Facts matter in criminal cases, which is why crime labs are tasked with testing the materials found to determine if it is indeed a prohibited substance. Your defense attorney will be certain to require crime lab analysis to make sure the substance you are accused of possessing is actually that substance.
4. Lack of Evidence. Prosecutors must prove without a doubt that you are guilty of what you have been accused of. This can be impossible to prove if evidence goes missing. In the case of drug crimes, the drugs in question have been known to be misplaced or lost through improper police handling. You can be sure that your defense attorney will demand proof that the drugs exist and are in police evidence storage. Without this damaging evidence, the prosecution's case can easily crumble.
5. The Drugs Were Planted. Police have been known to plant drugs. Although it is difficult to prove that an officer is lying and break through the belief system that a sworn officer could behave illegally, a skilled defense attorney will file motions and request documentation to examine the officer's history, including complaints made against the officer. This information could lead to new witnesses or evidence that may be used to discredit the officer and help prove that the drugs were planted.
6. Entrapment. While sting operations are legal in Wisconsin, sometimes they cross the line and cause individuals to commit crimes they might not otherwise have committed. In drug cases, entrapment most often occurs when an informant pressures the suspect into holding on to or delivering drugs that have been provided to the informant by the state/sting operator.
7. The Medical Marijuana Exception. It is legal to possess and use marijuana for medical purposes in Wisconsin. If you are caught in possession of marijuana and have a doctor's signed recommendation for use, you may use this in your defense of state charges. It may also be possible to build a defense around the medical marijuana exception if you can prove that it is medically necessary for you.

Fight Drug Charges With an Experienced Criminal Defense Attorney by Your Side

If you have been charged with a drug crime, you may believe there is no hope and no legal recourse to protect you. But these defense strategies outlined above have proven successful for other people who have faced drug charges in Wisconsin. Contact the criminal defense lawyers at Eisenberg Law Offices for a free case consultation to discuss your options and restore your hope.

Schedule your free consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/defense-strategies-for-drug-charges-in-wisconsin/.

Motorcycle Accident Injuries And Claim Value

 

How Motorcycle Accident Injuries Factor Into Motorcycle Claims

Recovering from a motorcycle accident can take weeks or months or even longer in some cases. During that time financial pressures can mount as victims must pay for treatment and some are unable to work during their recovery. These financial pressures are one of the primary reasons why motorcycle accident victims file accident claims. The settlement proceeds from these claims can help cover the costs of their medical care and lost wages which eases financial pressure and reduces stress. The absence of these two pressures can aid healing.

Since every claim is unique, it is impossible to say with any accuracy how much a victim can expect to recover from a motorcycle accident claim. Several factors influence the outcome of claims, including the type and severity of injuries sustained.

Factors That Influence Motorcycle Accident Claim Outcomes

1. Insurance Coverage. Insurance is often the first resource that injured cyclists have available to them after a motorcycle accident. Wisconsin requires motorcyclists to carry separate insurance for their motorcycles and they must meet minimum coverage requirements as set by the state. Cyclists cannot claim damages from a motorcycle accident under their car insurance policy. In addition to the minimum requirements, it is advisable to add Uninsured/Underinsured (UM/UIM) coverage to your policy and Medical Payments coverage. How much coverage you obtain through insurance policies can affect the final outcome of a claim settlement.
2. Motorcyclist Liability. Insurers (and courts) always look at who is at fault for the accident when determining claim settlement amounts. Wisconsin is a contributory negligence state, which means that victims can seek compensation for damages from the other party's insurance company if the victim is 50% or less liable for the accident. The amount awarded will ultimately be based on how much responsibility the victim bears for the accident and reduced by the same percentage amount. If the victim is found to be more than 50% liable for the accident, they will be unable to seek compensation from the other insurance company.
3. Safety Gear. Even though the State of Wisconsin does not require riders over 18 to wear a helmet or other protective gear, choosing not to wear protective gear could impact your claim. Victims can still file a claim even if they were not wearing protective gear, but if they were not wearing the appropriate protective gear at the time of the accident, victims can be assessed some liability for their injuries. If this happens, you may receive a reduced award amount.
4. Injuries. The type and severity of injuries sustained will affect the claim amount. Claim amounts are based on the cost of acute medical care as well as any long-term care you may need. Claims are also influenced by whether or not the injury is short-term and resolvable or long-term and life-changing or somewhere in between. You may even be able to receive compensation for lost wages and time off work.

A Hidden Challenge to Claims Success: Motorcycle Bias

One of the most challenging aspects of motorcycle claims is overcoming the bias that different parties have against motorcyclists. Insurance companies, adjusters, other drivers, the police and even judges can all have negative biases towards motorcyclists. The biases usually take the form of one or more of the following: Motorcyclists are reckless and rebellious drivers who ignore the rules of the road and safety laws, usually speed and belong to gangs or have no regard for conventional driving courtesies.

Consult a Motorcycle Accident Attorney for Claims Advice

The accident attorneys at Eisenberg Law Offices are well-versed in the tactics that insurance companies use to deny motorcyclist claims and the biases that can influence claims decisions. Before you file a claim for your injuries, consult one of our attorneys. We will be able to guide you through the process and help you avoid common mistakes that could harm your claim such as:

• failing to report the accident to the police
• skipping medical care
• claiming fault before an investigation is conducted
• posting information about the accident in public or on social media before it has been resolved.

Any of these actions could reduce your claim amount or even result in a denial of a claim. Our injury attorneys will look out for you every step of the way and help you build a case that maximizes your claim amount so that you can recover fully from the accident. Contact our Madison law office at 608-256-8356 or info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/motorcycle-accident-injuries-and-claim-value/.