Domestic Violence Investigations In Wisconsin

 

The Complexities of Domestic Violence Investigations in Wisconsin

Domestic violence makes the news all too frequent. While we may see splashy headlines or an overabundance of reporting on cases involving high-profile individuals, we rarely hear much about the investigation and the ultimate resolution of these cases. That is because these types of cases can be challenging to investigate.

The Challenges of Investigating

Like all criminal complaints, an accusation is taken seriously by law enforcement and must be investigated, even if the accuser tries to withdraw the complaint. Officers must follow certain rules and protocols upon receiving the complaint, particularly because of the risk involved in allowing the two individuals to get back together too quickly after the incident. Even if the individuals say they want to get back together or the accuser wants to drop the charges, there is always the chance of the situation escalating again to an even more dangerous level once officers leave the premises.

In Wisconsin, there does not need to be evidence of physical injury to be charged with this crime. In some cases, both parties may have injuries making it difficult to identify who is the victim and who is the perpetrator. This is another area of complexity in domestic situations that requires officers to conduct a thorough investigation.

Finally, domestic violence is a broad category in Wisconsin. The charges may stem from physical violence that causes pain and/or injury, sexual assault, or even verbal threats that create a sense of fear in the victim. This very large category of criminal behaviors makes it crucial for investigators to take their time and be absolutely thorough in their investigation. Unfortunately, it also causes investigations to last longer.

Domestic Violence Charges Disrupt Lives

All of these complexities can create a sense of limbo for the accused. In many cases, they will be under a restraining order until the investigation has been closed and their name cleared. That means they can’t even go home while they wait. This can impact their financial situation if they need to pay for another place to live and may affect their job or ability to get around if they share a vehicle with their partner.

Keep in mind, that this disruption is just during the investigatory period of the charge. If you are convicted in Wisconsin, you may face fines and jail time, lose access to your home and could even lose your job and source of income.

Protect yourself with help from the criminal defense attorneys at Eisenberg Law Offices. Schedule a free and confidential case consultation by calling 608-256-8356 or emailing info@eisenberglaw.org today.

This post was originally published at https://www.eisenberglaw.org/domestic-violence-investigations-in-wisconsin/

Avoid Marijuana Drug Charges in Wisconsin

 

Avoiding Marijuana Drug Charges in Wisconsin

As more and more states legalize marijuana, it is easy to let down your guard and think it is not a big deal here in Wisconsin. That could not be further from the truth. Although there have been movements to decriminalize marijuana in the state, it has not happened yet. It is still illegal to use or be caught with marijuana here and doing so will result in marijuana drug charges.

You Risk State and Federal Charges

Marijuana use remains illegal under both Wisconsin state law and federal law. If convicted of the charges, you are facing either a state or federal drug crime. You can go to jail, be fined, and will have a criminal record. Once law enforcement is aware of marijuana in your possession, you might find the drug charges piling up. Being charged with an OWI for driving under the influence of marijuana is one example of this.

Purchasing marijuana in a state where it is legal, like Illinois, is not a safeguard. As soon as you cross the border into Wisconsin you risk drug possession charges if caught. You may even face federal drug charges for carrying marijuana across state lines.

Marijuana is a Schedule I Controlled Substance at the Federal Level

This is a good reminder that state drug charges aren’t the only thing you have to worry about. The federal government still classifies marijuana as a controlled substance and only recently downgraded it from Schedule IV to Schedule I. Since it is illegal at the federal level, you can face federal drug charges for cultivating, possessing, or selling marijuana even in states where marijuana is legal.

Federal crimes are often punished more harshly than state drug crimes and a conviction will show up on your record as a federal crime.

Beat Marijuana Drug Charges With Help From Eisenberg Law

Despite marijuana becoming more mainstream across the U.S, the fact remains that it is not legal in this state. Violating state or federal drug laws is a serious crime with far-reaching repercussions on your life.

A conviction on marijuana drug charges puts your freedom, your reputation, and your livelihood at risk. Do not leave your defense to chance. Contact the criminal defense attorneys at Eisenberg Law Offices in Madison. We provide state and federal drug crime defense to minimize your exposure and protect your rights.

If you are facing drug charges, call 608-256-8356 or email info@eisenberglaw.org to schedule a free, confidential consultation.

This post was originally published at https://www.eisenberglaw.org/avoid-marijuana-drug-charges-in-wisconsin/

 

How Long To Settle A Personal Injury Case In Wisconsin

 

Ask a Wisconsin Injury Attorney: How Long To Settle A Personal Injury Case?

If you have been injured and are pursuing a personal injury case in Wisconsin, one of the top questions in your mind is likely “How long to settle a personal injury case?”

This is a valid concern. You are probably eager to move forward with your life and put the accident behind you, want to know when you will receive your settlement amount, and how much the final amount will be.

The Wisconsin personal injury attorneys at Eisenberg Law Offices receive this question frequently. Unfortunately, there is no easy answer. Personal injury cases are influenced by the type of case, the circumstances surrounding the event, the severity of the injuries, and even the specific insurance company involved in the case.

The 4 Main Factors That Affect Personal Injury Case Settlement Timelines

1. Accident Type. Personal injury cases arise from many different types of accidents. A simple car accident or slip-and-fall case may be resolved much more quickly than a defective product case or a medical malpractice case, for example.
2. Injury Severity. As a general rule, less severe injuries result in quicker settlements. This is because the case is not as complex as those in which the victim suffered more severe or even life-changing injuries. One reason for this is the amount of time and care that must be put into obtaining an accurate valuation to ensure you receive a compensation amount that is adequate for your past, current, and future needs.  A permanent injury usually takes at least one year to establish.
3. Who is Liable. If multiple parties bear some fault for the accident that led to the injuries, the case automatically becomes more complex. Now, instead of just two people or insurers negotiating the settlement, there are three or more. For every additional liable party, you can expect the timeline for a resolution to increase.
4. Insurance Settlements. If an insurance company is representing the liable party, you may receive a settlement offer long before you ever need to go to court. In fact, they do this specifically to avoid going to court. Many victims are tempted to take the early offer just to put an end to the case. If you do this, the case will be wrapped up sooner, but you may not receive the amount you need from the settlement to fully cover your losses.

How Long To Settle A Personal Injury Case? Consult Wisconsin’s Eisenberg Law Offices

If you are wondering how long to settle a personal injury case, contact the attorneys at Eisenberg Law Offices for advice. We can provide you with a free case consultation that will help you understand the complexities of your case, analyze any settlement offer you have received, and provide guidance on how long it may take to settle your case.

Call 608-256-8356 or email info@eisenberglaw.org to schedule your consultation.

This post was originally published at https://www.eisenberglaw.org/how-long-to-settle-a-personal-injury-case-in-wisconsin/

Wisconsin Personal Injury Lawyer Q&A | Eisenberg Law Offices

 

5 Questions and Answers About Hiring a Personal Injury Lawyer in Wisconsin

In Wisconsin, a personal injury lawyer is consulted after there has been an accident and injuries have occurred. The victim of the accident may wonder if negligence was a factor in their accident and consult an injury attorney for advice and guidance. This is a reasonable question to ask since not all accidents qualify as a personal injury case. Below, we take a look at five common questions about personal injury law and provide the answers victims need to determine whether or not their situation is worth discussing with a Wisconsin personal injury lawyer.

1. How do I know if I have a case? The best way to find out if your situation qualifies as a personal injury is to consult one of our Wisconsin personal injury attorneys. Even if you have been injured in an accident, certain conditions must exist to pursue a personal injury case. Negligence is the most important one of these conditions. Your attorney must be able to prove that the actions or inactions of another person contributed to your injury.
2. How can I find out what my case is worth? There is no straightforward way to determine this number since there are many factors that need to be considered when valuing the claim. At the most basic, a personal injury attorney will consider the black and white financials of your injury – how much you have paid in medical bills, for example. From there, other factors may be examined such as your ability to work and whether or not you have lost wages due to the injury. Another factor is whether you have suffered any emotional or mental anguish. This post shares more details about how to determine the value of a personal injury case.
3. How much does it cost to hire a personal injury lawyer? Wisconsin injury attorneys work on a contingency basis. That means you do not pay any fees to the attorney unless you are awarded compensation in your case. This arrangement makes it easier for victims to get the legal advice and representation they need at a time when they need it most. Fees paid to the attorney are generally a percentage of the final compensation award amount.
4. Who has to pay for the damages in a personal injury lawsuit? In the vast majority of cases, insurance companies are involved in personal injury lawsuits and they pay the damages. It is very common for injury cases to be settled out of court and never go to trial because the insurance company wants to close the case. However, this is not always in the best interest of the victim, which is where consultation with a Wisconsin personal injury lawyer becomes so important. The last thing you want to do is accept a lowball settlement offer and then find out it is not enough to cover your losses. In many cases, once you accept a settlement offer, you waive your right to take the case to court at a later date.
5. What if I was responsible for the accident? Can I still be awarded damages? One thing that many victims overlook is the extent of their own liability for the accident. Wisconsin is a comparative negligence state which means it is possible for both parties to bear some fault for the incident that led to the injury. If that is the case for you, you may still be awarded damages provided your negligence is equal to or less than the other party, but they might be reduced by an amount equal to the percent of responsibility you bear for the accident.

Meet With a Personal Injury Lawyer at Eisenberg Law to Get Answers to All of Your Questions

Personal injury cases are unique and complex. The best way to find out if you have a case and what your chances of being awarded damages are is to meet with an Eisenberg Law Offices personal injury lawyer. Since we work on a contingency base, all case consultations are free and are always confidential.

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

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

Avoid Reckless Driving Charges In Wisconsin | Eisenberg Law

 

Avoiding Reckless Driving Charges in Wisconsin

Wisconsin state driving laws are intended to keep the roadways safe for drivers, pedestrians, bicyclists, and anyone else who uses the road. If you break these “rules of the road”, it is a crime and you will be punished in the form of tickets and fines or worse. Reckless driving charges are one example of a more severe charge. A conviction for reckless driving can include jail time in addition to fines. Being aware of what constitutes reckless driving in Wisconsin can help you avoid these behaviors and the repercussions.

What is Reckless Driving?

In Wisconsin, reckless driving is defined as negligent driving behaviors that cause “bodily harm” or “great bodily harm” to another person and also includes the endangerment of property due to the negligent operation of a vehicle. Other than the specific mention of “Endangering someone while driving over railroad tracks or around a crossing gate”, there isn’t a formal list of driving behaviors that qualify as reckless, but there are several examples of driving behaviors that tend to show up on reckless driving charges. These include:

• Driving under the influence of drugs or alcohol
• Texting and driving
• Distracted driving
• Street racing or driving at high speeds
• Failure to stop for stop signs or red lights
• Aggressive driving and road rage
• Driving outside of traffic lines
• Intentionally blocking the flow of traffic

Penalties For Reckless Driving in Wisconsin

Penalties and punishments for reckless driving vary based on the severity of the infraction. Some violations just end with tickets, others can lead to felony charges. How severely you are punished also depends on whether it is your first offense or not.  

• First offense penalties range from $25 to $200 in fines.
• Repeat offenses that occur within 4 years of the first offense may land you in jail for up to 12 months along with fines ranging from $50 to $500.
• Offenses that caused minor injuries to others can also be punishable with up to 12 months in jail and fines between $300 and $2,000.

Offenses resulting in life-threatening injuries fall under the definition of "great bodily harm" and are a Class I felony. A conviction may include up to 3 and a half years in prison and as much as $10,000 in fines. You will also lose your driving privileges for as many as 12 months.

Any sort of reckless driving conviction will result in 6 points being added to your driver’s license. The license will be suspended if you receive 12 points within one year.

Reckless Driving Defense at Eisenberg Law

The best way to avoid reckless driving charges is to avoid the driving behaviors that lead to them. If you have already been charged with reckless driving, contacting an experienced defense attorney is your best chance to minimize your risk of severe fines and penalties.

There are several defense strategies that can be successful against reckless driving charges. They can help get the charges reduced or dropped entirely.

1. The Defendant Was Not Driving.
2. The Driving Was Not Reckless.
3. The Reckless Driving Was Necessary.
4. It Was A Mistaken Arrest.

Reckless driving charges can be fought and can be fought successfully with a qualified attorney by your side. If you have been charged with reckless driving, don’t give up and don’t delay. Contact the reckless driving defense attorneys at Eisenberg Law Offices for help. We can help you avoid the worst of the fines and penalties so you don’t lose your license or go to jail.

Call 608-256-8356 or email info@eisenberglaw.org to arrange a free case consultation.

Determining Liability in a Head-On Collision Car Accident

 

Determining Liability in a Head-On Collision Car Accident

Head-on collisions represent a very small fraction of car accident types in Wisconsin but they are particularly dangerous and deadly. Even when accident victims survive, they may require significant medical care and have life-changing injuries. Many victims pursue compensation for their injuries in order to be able to pay for their ongoing medical needs. Before any compensation can be paid out, however, the insurance company will want to determine liability for the accident.

Causes of Head-On Collisions

Head-on collisions occur when two vehicles traveling in opposite directions crash into each other. Damage occurs to the front of both vehicles and the extent of the damage is often used to determine the speed of each vehicle at the time of the accident.

These accidents can happen on any Wisconsin roadway from poorly-lit rural roads to high-speed interstates and can happen for many different reasons, such as:

• Drunk or impaired driving.
• Distracted driving.
• Drowsy driving.
• Inexperienced drivers.
• Excessive Speed.
• Reckless or aggressive driving.
• Not driving appropriately for road conditions.

In many of these situations, drivers don’t see the danger in time or lose control of their vehicle because of their behavior.

Liability in Head-On Collisions

It can be difficult to determine liability in head-on crashes. In most cases, the driver who is driving the wrong way is at fault because they demonstrated negligence in obeying the rules of the road, but it is possible for both drivers to be partly responsible for the accident and thus bear liability for it.

Since Wisconsin is a comparative fault state, both drivers can be found liable for the accident with each bearing a certain percent of the liability. In situations where compensation is awarded, the compensation amount awarded to each driver may be reduced by the percent amount of liability that each driver bears for the accident. If you are 20 percent liable for the accident, your final awarded amount will be reduced by 20 percent.

In some cases, it is even possible for a third party to be liable for the accident. If an aggressive driver causes another driver to swerve into oncoming traffic and that leads to a head-on collision, the aggressive driver may bear some fault for the accident. Similar situations have happened with pedestrians who stepped out in front of oncoming traffic and caused drivers to swerve to avoid them. In rare cases, there is even the possibility that a manufacturer defect caused the accident and the manufacturer may be liable.

Obtaining Compensation From A Head-On Crash In Wisconsin

Car insurance is required in Wisconsin which means the insurance provider of the driver who is at fault will be the one to compensate the accident victims. Obtaining this compensation is not always as easy as it sounds. The insurer will need to investigate the accident, which takes time. They may try to talk you down and they may offer a settlement that is far below what you deserve or need.

This is where a car accident attorney can help you. The car accident attorneys at Eisenberg Law Offices represent accident victims to insurance companies to ensure their rights are protected, they are not intimidated into accepting a low offer, and they receive the full compensation amount which they are due.

If you have been involved in a head-on collision or any other type of car accident, contact our Madison law firm to 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/firm-overview/articles/determining-liability-in-a-head-on-collision-car-accident/