Should I Talk to the Police After an Arrest in Wisconsin?

People who are arrested often wonder “Should I talk to the police?” On the one hand, talking to the police seems like the best way to tell your side of the story, clear up any misunderstandings, and get out of jail sooner. On the other hand, our Wisconsin criminal defense attorneys would advise you to not speak to the police without an attorney present.

Why Shouldn’t I Talk to the Police?

The reason why defense attorneys advise you not to speak to the police is that people often do more harm than good to their defense when they do so. There are two ways that speaking to the police without an attorney present can hurt you:

1. You may incriminate yourself unintentionally, giving law enforcement officers more evidence to charge or convict you.
2. You may make a false statement to investigators which will get you in even more trouble and could even lead to false statement charges.

Making False Statements is Illegal in Wisconsin

Wisconsin law makes it a crime to make false statements to police. It is also a crime to interfere with law enforcement when they are acting in an official capacity. Interfering with law enforcement typically occurs in one of two ways:

1. Physically resisting and impeding an officer’s actions.
2. Making a false statement that will obstruct the officer as they carry out their official duties.

Making a false statement to a police officer is considered a Class A misdemeanor; the most serious non-felony charge in the state. Class A misdemeanors can result in up to nine months in prison and fines of up to $10,000.

If you are charged with making a false statement it will be in addition to any other charges you are facing. Even being accused of making false statements will hurt your image and credibility with the court, making it harder to convince a jury of the truth of your statements. Prosecutors are notorious for drawing attention to anything that might undermine your credibility, such as making false statements.

Criteria for False Statements to be Actionable

False statements must meet certain criteria to be legally actionable.

• They must be relevant to the case. Minor or trivial statements may not lead to charges.
• There must have been an intent to mislead the government by making a false statement. You must have knowingly made the false statement to be charged for it. Simply being mistaken in what you say is not enough to be charged.

You can be charged for making false statements in Wisconsin even if the original charges are dropped or never pursued. Sometimes, trying to cover it up is the worst thing you can do.   

You can also face charges at the federal level for making false statements. The actionable criteria are similar, but the punishment is more severe. It is a felony to make false statements at the federal level and can result in up to 5 years in jail.

Hire an Attorney and Follow Their Advice

Don’t ask yourself, “Should I talk to the police?” after an arrest. The best way to help yourself after an arrest is to hire a criminal defense attorney. It is too easy to inadvertently hurt your case, by trying to defend yourself or talk your way out of a situation.

If you have been arrested in Wisconsin and need legal counsel, contact the criminal defense attorneys at Eisenberg Law Offices. We will make sure your side of the story is told while also making sure your rights are protected and you do not harm your own defense.

Arrange a free case consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

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

Wisconsin OWI Impact on Insurance | Eisenberg Law

 

What is my Wisconsin OWI Impact on Insurance?

Operating While Intoxicated, or OWI, is illegal in Wisconsin. Many drivers wonder if an OWI on their record will impact their insurance rates and the answer is Yes. An OWI conviction almost always results in an increase in auto insurance premiums. An OWI conviction will carry other penalties as well, notably the SR22.

What You Need to Know About the SR22

1. Provided by Your Insurance Company. An SR22 is a certificate that auto insurers file with the Wisconsin DMV that proves you have an auto insurance policy. Since it is provided by the insurance company, it is sometimes referred to as SR22 insurance, even though it is not an insurance policy.
2. Required After Driver’s License Suspensions. SR22s are required whenever a driver reinstates their license after having it suspended for OWI. An SR22 is also required of drivers who had a suspended license for driving without insurance, reckless driving, or another violation that resulted in the suspension.
3. Lasts for 3 Years. Drivers are required to have an SR22 for 36 months after an OWI conviction.
4. You Will Lose Your License if Coverage Lapses. If you don’t pay your insurance premiums while you have an SR22 or fail to renew the SR22 at least 15 days before it is due, it will be cancelled and your license will be suspended until a new SR22 is filed.  

Requesting an SR22

You get your SR22 from your car insurance provider. To obtain the certificate, you must contact your provider, determine the coverage amount needed and pay the associated fees. The insurance company will send the SR22 directly to the DMV. You will receive a letter and the SR22 form in the mail once it has been accepted by the state.

Is it Possible to Determine the OWI Impact on Insurance?

Every insurance policy is different and every insurer handles OWIs differently, so there is no way to know what the OWI impact on insurance premiums will be, but it is not unusual for drivers to pay significantly more for premiums after an OWI.

To explore all of your options regarding an OWI impact on your insurance, contact the OWI attorneys at Eisenberg Law Offices and schedule a free consultation. Take steps to protect your future driving privileges now, by calling 608-256-8356 or emailing info@eisenberglaw.org to schedule.

This post was originally published at https://www.eisenberglaw.org/wisconsin-owi-impact-on-insurance-eisenberg-law/.

Wisconsin Car Accident Law | Steps To Take After An Accident

 

3 Steps To Take After Wisconsin Car Accident

No matter what kind of accident you have been involved in, the aftermath can be confusing and busy. The struggles only increase if you have suffered serious injuries or property damage. Despite the challenges, there are several important steps to take after a car accident that will help you if you decide to file an insurance claim or personal injury lawsuit.

3 Must-Do Steps to Take After a Car Accident

There are three must-do steps to take after a car accident in Wisconsin:

1. Take Photos. If you can, take photos of the accident scene. Be sure to include pictures of the damage to the vehicles and accident injuries.
2. See a Doctor. You should always seek medical attention after a car accident, even if you feel okay. Some injuries, especially soft tissue and musculoskeletal injuries, don’t start to show themselves until days or even weeks afterward. A medical check-up can uncover these hidden injuries and get you started on a care plan right away.
3. Contact an Attorney. If you have been injured, you will want to speak with an attorney to receive help filing an insurance claim or working with the other party or their insurer to settle the claim.

Facts About Car Accident Claims in Wisconsin

• You’re Under a Deadline. Many people don’t realize that Wisconsin has a statute of limitations of 3 years on personal injury claims, two years on wrongful death. Claims must be filed within 3 years from the date of the accident if you want to pursue compensation for your injuries. That time can go by very fast, particularly if you are busy recovering from injuries. This short window of time is one reason why we suggest meeting with an attorney soon after the accident. It will give your attorney time to evaluate the case, file a claim, and negotiate a settlement before it is too late.

• Many Types of Damages May be Claimed. Victims are able to pursue compensation for many different types of damages. These include: current and future medical bills, lost wages, property damage, emotional distress, and loss of future earnings. 

How a Personal Injury Lawyer Can Help You

Personal injury cases are complex and often require a lot of evidence collection and negotiation with the other party, insurance agencies, and even within the court system. The personal injury attorneys at Eisenberg Law Offices are well-versed in the stalling tactics, denial arguments, and low-ball offers made by insurance companies in an effort to minimize the claim. Our attorneys work tirelessly on behalf of our clients to ensure there is proper and adequate evidence to support their claims, manage the paperwork and negotiation aspects of claims, and ensure our clients are receiving fair treatment and optimal payouts. If the case goes to court, we can continue our representation for a seamless process.

Schedule a Free Case Consultation at Eisenberg Law and Bring These Documents With You

The personal injury attorneys at Eisenberg Law Office in Wisconsin are ready to help you navigate the steps to take after a car accident. We offer free initial case consultations so you can learn about your options and find out if a case is even possible with no obligation or money at stake.

To make the most of your free consultation, bring all documentation related to the accident. This may include police reports or tickets, medical bills, mechanic or auto body shop bills, and photographs of the accident scene. The more information we have, the better able we are to understand the case and explain your options.

If you have been injured in a car accident, contact the Wisconsin accident attorneys at Eisenberg Law Offices by calling 608-256-8356 or emailing info@eisenberglaw.org to schedule your free consultation.

This post was originally published at https://www.eisenberglaw.org/wisconsin-car-accident-law-steps-to-take-after-an-accident/.

Wisconsin Personal Injury Cases | Personal Injury Settlement

 

Do I Have a Wisconsin Personal Injury Case?

Personal injury cases result from accidents or incidents where one person, party, or individual is injured or harmed by the actions of another person, party, or individual. Personal injury law allows the injured party, the plaintiff, to file a lawsuit against the other party, the defendant, in order to obtain compensation for the injuries and harm they have sustained. Victims use this compensation to help pay for medical costs, lost wages, and other losses suffered due to the injury.

Many Wisconsin residents think that the simple fact that they were injured by someone or something means they have a personal injury case. Unfortunately, it is a little more complicated than that. Simply sustaining injuries is not enough to ensure you will win the case if you decide to bring it to a Wisconsin court.

Proving Negligence in Wisconsin Personal Injury Cases

The success of any personal injury case hinges on proving negligence by the other party. Negligence is defined as failing to exercise the duty of care that a reasonable person would exercise in similar circumstances. That negligence may stem from reckless or inattentive actions or inactions that resulted in your injury or harm.

To prove that this negligence led to your injury you will need to demonstrate that:

• the defendant owed you, the plaintiff, a duty of care.
• the defendant breached (did not provide) that duty of care.
• it was due to this breach that you were injured.

If you think your situation meets these criteria, contact a personal injury attorney to discuss your case. Your attorney can help you navigate the claims process, represent you to the court, and negotiate a settlement that is fair and adequate.

In-Court and Out-of-Court Settlements

There are two ways that the two parties can arrive at a personal injury settlement: in-court or out-of-court.

In-court resolutions  go before a judge and jury. They tend to happen when a settlement cannot be negotiated between the parties. Because of the time spent in negotiation and then the time spent preparing for court, court cases take longer to resolve than out-of-court settlements and are usually more expensive. If you choose to go to court, you will want to hire an attorney who has experience in litigation and negotiation.

It is not unusual for cases to be settled out of court. In fact, the vast majority of personal injury cases are settled without going to court. These settlements are basically agreements between the plaintiff and defendant as to the best way to resolve a dispute. The agreements may be negotiated between the two parties’ attorneys or through third-party mediation.

Why Should I Settle?

A personal injury settlement provides many benefits over a court case.

1. Settlements are confidential. Jury trials are not and become part of the public record.
2. Since trials are public, they can cause reputational damage, even if the facts end up proving otherwise.
3. Jury trials are not a guarantee and can be unpredictable. With a settlement, you know the outcome to which you are agreeing.
4. Defendants often benefit from settlements because they do not require an admission of guilt.

Do You Have A Case? Contact Eisenberg Law Offices To Find Out

It is difficult to say with certainty whether or not you have a winnable case without speaking with a personal injury attorney. The attorneys at Eisenberg Law Offices have years of experience in the Wisconsin court system and the field of personal injury law. The best way to determine if you have a case and what the outcome of your case may be is to arrange a free consultation with one of our attorneys by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/wisconsin-personal-injury-cases-personal-injury-settlement/.

Wisconsin Restraining Orders | Harassment and Domestic Abuse

 

What is the Difference Between a Domestic Abuse and a Harassment Restraining Order in Wisconsin?

Wisconsin has four types of restraining orders:

1. Domestic Abuse
2. Harassment
3. Child Abuse
4. Individual at Risk

Two of them, domestic abuse and harassment, are the most common, though each type prohibits a person from taking certain actions against another person.

Domestic Abuse

To obtain a domestic abuse restraining order, the filer must be in fear of their physical safety. This is common to all orders, but to qualify as domestic abuse, the complaint must be between people who are related or who have a close relationship. Specifically, the following types of relationships qualify as domestic in Wisconsin:

• Adult family or household members
• An adult caregiver against an adult who is under the caregiver's care
• Former spouses
• Adults who have or had a dating relationship
• Adults who have a child together

Actions that constitute domestic abuse in Wisconsin are:

• Intentional infliction of physical pain or injury
• Intentional impairment of a physical condition
• Sexual assault
• Stalking
• Intentional damage to physical property belonging to the petitioner
• A threat to engage in the conduct of any of these behaviors.

Harassment

Harassment restraining orders are slightly different from domestic abuse restraining orders. A harassment order is usually filed when the aggressor or attacker is not related to the family or does not otherwise meet the criteria for a domestic relationship, although they can have this type of domestic relationship.

The following actions are all grounds for harassment under Wisconsin statute:

• Striking
• Shoving
• Kicking or otherwise subjecting another person to physical contact
• Sexual assault
• Stalking

Obtaining a Restraining Order

Obtaining either harassment or a domestic abuse order follows the same process. Temporary restraining orders (TROs) can be granted quickly and without any trial or hearing. A judge can approve the request for a TRO based on statements from the petitioner as to why they believe they are in danger. Once an order is approved, a formal hearing is usually scheduled within a week.   

Under a TRO, the accused is prohibited from:

• going near the home or any other location where the petitioner is present, even their own home.
• having direct or indirect contact with the petitioner, including through phone, email, social media accounts, etc.
• removing, hiding, harming, mistreating, or disposing of a household pet.

The temporary order remains in place until the formal hearing. Violations can be prosecuted and will make your situation worse, so be sure to follow all requirements of the TRO exactly. At the hearing, both sides present their case to the judge and the judge decides whether to vacate  the TRO or to order an injunction. If an injunction is ordered, the same prohibitions from the TRO carry over. If children are involved, the judge may order child support and/or spousal support to be paid and may assign child custody. All firearms in possession of the respondent must be surrendered.

Both domestic abuse injunctions in harassment injunctions can last for up to 4 years.

Restraining Order Defense at Eisenberg Law

The primary difference between domestic abuse and harassment comes down to the type of actions perpetrated. The outcomes can be similar in either case: restrictions on entering your home and seeing your family and loved ones. This could affect your living situation and reputation and even your financial situation if you need to find alternative housing and/or pay child or spousal support.

Don’t let an out-of-control argument or misunderstanding develop into a situation that results in a restraining order. Contact the defense attorneys at Eisenberg Law Offices in Madison, Wisconsin to talk through your situation and discuss your defense options.

Contact our office at 608-256-8356 or info@eisenberglaw.org to schedule a free case consultation.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/wisconsin-restraining-orders-harassment-and-domestic-abuse/.

No Seatbelt and Car Accident Claims in Wisconsin

 

Can I Make a Claim if I Had No Seatbelt in a Car Accident?

Drivers and passengers in Wisconsin are required to wear a seatbelt every time they get in a vehicle. Too frequently, we hear of accidents where the driver or passenger had no seatbelt and was injured in a car accident. Not wearing a seatbelt drastically increases the risk of injury in an auto accident and can even impact your accident claim if you need to file one.

You Can Still File a Car Accident Claim

The first thing to understand is, yes, you can still file a car accident claim, even if you were not wearing a seatbelt at the time of the accident.

Seatbelt Laws in Wisconsin

In Wisconsin, you can be pulled over if the police see you driving with no seatbelt. The state seatbelt law is a primary enforcement law, which means you can be stopped even if you did not commit any other traffic violations. If you are stopped for no seatbelt, you may be ticketed and fined and might face other consequences. Not wearing a seatbelt in the vehicle is considered negligence in Wisconsin.

What is the Seatbelt Defense?

The seatbelt defense refers to a technique used by the at-fault party to try and devalue the injured party’s claim by suggesting that the injuries would not have happened or not been as severe had the victim been wearing a seatbelt.

This technique is permitted in Wisconsin. However, juries cannot deny your claim outright simply because you were not wearing a seatbelt. What they can do is devalue the claim by as much as 15% of your final awarded damages. The law  requires the at-fault party to prove with evidence that your injuries were either made worse by not wearing the seatbelt or that you would have been unharmed if you had been wearing one.

Not Wearing a Seatbelt Is Never a Good Idea

Even though you can still pursue compensation in these cases, it is never a good idea to skip buckling up. Not wearing a seatbelt increases the risk of serious injury even in minor accidents, let alone major ones. Seatbelts hold you in place so you don’t hit your head on the windshield, or worse, go through it, or get ejected from the vehicle. Wearing seatbelts in the front seat reduces the risk of fatal injuries by 45 percent and the risk of critical injuries by 50 percent.

What If I Wasn’t Wearing My Seatbelt?

If you were in an accident and were not wearing a seatbelt, be mindful about what you say to your insurance company or the at-fault party about the accident. It is strongly recommended that you speak with a car accident attorney in these situations before you speak with an insurance company (yours or the other party’s) to best position your claim and develop an effective strategy. 

If you have been injured in an auto accident in Wisconsin and were not wearing a seatbelt, contact the car accident attorneys at Eisenberg Law Offices. Our team can help you navigate the insurance claims process and the court system, if needed, to obtain the compensation you need to fully recover from the accident. Discuss your situation in a free case consultation by calling 608-256-8356 or emailing info@eisenberglaw.org today.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/no-seatbelt-and-car-accident-claims-in-wisconsin/.