6 Questions About Disorderly Conduct Charges in Wisconsin

Disorderly conduct is a Class B misdemeanor in Wisconsin. The charges stem from arguments, altercations, and disagreements and are one of the easiest of charges to levy against a person.

Disorderly conduct is defined by Wisconsin State Statute 947.01(1) as:

“Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.”

A conviction on disorderly conduct charges can be punished by up to $1,000 in fines and as much as 90 days in jail.

Two Facts About Disorderly Conduct Charges In Wisconsin

1. Disorderly conduct is one of the most frequently charged crimes in Wisconsin.
2. A person may be charged with disorderly conduct if they behave in a manner that causes a disturbance.

Disorderly Conduct FAQs

1. Can I Be Charged Even If I Didn’t Disturb Anyone? If no one was bothered by your conduct, you may assume you can’t be charged with disorderly conduct. However, the statute does not specifically require that others be disturbed in order to be charged. To be charged with the crime, you must only have demonstrated the type of behavior that tends to create a disturbance.
2. Can I Be Charged Based on Speech Alone? Despite free speech protections, you can face disorderly conduct charges if your speech serves no other purpose than to cause a disturbance.
3. Can I Be Charged with Disorderly Conduct if I am Carrying a Gun? You cannot be charged with this crime simply for carrying a gun. In order to be charged, you must also have caused a disturbance or had the intent to harm someone else with the gun.
4. What Happens if I am Arrested for Disorderly Conduct? If you are arrested and charged, you will be taken to jail and given a chance to post bond and be released the same day. If you cannot post bail or if you are charged with a felony, you will remain in jail until you see a judge.
5. I Have Received a “Wisconsin Uniform Misdemeanor Citation”. What is That? This citation is not a ticket. It is a notification that you have been charged with a crime. It will include a time and date for your court appearance. If you do not appear for this appearance, the judge will issue a warrant for your arrest.
6. My Situation Involved a Domestic Partner and I Received a No Contact Order. What Does That Mean? Domestic charges in Wisconsin often involve no contact orders in addition to disorderly conduct charges. If you have received a No Contact Order, you will be unable to have any contact with the other person for 72 hours. If you violate this order, you will be charged with a separate crime.

Fight The Charges With Help From Eisenberg Law’s Criminal Defense Attorneys

If you are facing disorderly conduct charges, contact Eisenberg Law Offices for advice and representation. This is particularly important if you have also been issued a No Contact Order to ensure you do not violate any portion of the Order. The last thing you want to do is make the situation worse than it already is.

Our criminal defense attorneys help clients fight disorderly conduct charges and represent them in their initial court appearances and beyond to protect their rights and minimize the repercussions of the charges. Find out how we can help you by calling Eisenberg Law Offices at 608-256-8356 or emailing info@eisenberglaw.org to schedule a free case consultation.

This post was originally published at https://www.eisenberglaw.org/6-questions-about-disorderly-conduct-charges-in-wisconsin/.

4 Common Defenses To Wisconsin OWI Charges | Eisenberg Law

 

4 Common Defenses Against OWI Charges in Wisconsin

Wisconsin driving laws are strict, particularly when it comes to OWI charges. An OWI conviction can lead to the loss of your driving privileges, fines, and even jail time, which is why they should never be taken lightly.

Prosecutors rely on physical evidence to prove OWI cases. Therefore, defense strategies center on disputing this evidence. This often comes down to examining whether or not proper procedures were followed or questioning the validity of test results. Below are 4 common defenses that the OWI attorneys at Eisenberg Law Offices use to protect their clients’ rights and driving privileges. 

4 Common Defenses to Wisconsin OWI Charges

There are many different types of evidence used to prove OWI charges. Tangible evidence includes blood alcohol levels and other chemical test results. Other types of evidence are more subjective, relying on judgment calls rather than objective evidence. In both cases, challenging the evidence or how it was collected can be an effective defense strategy. Our 4 common defenses center on the answers to the following questions.

1. Did the Officer Have Probable Cause? Officers must have a legal reason to stop the vehicle, detain the driver, and make an arrest. If any one of these factors is missing, the officers did not have probable cause. Evidence collected without probable cause is not valid and will be removed from the evidence against you.
2. Did the Officer Provide an Implied Consent Warning? Wisconsin requires law enforcement officers to tell anyone they suspect of OWI the legal consequences of refusing a chemical test. If they do not provide this implied consent warning, test results can be invalidated as evidence. Although refusing to take a chemical test will lead to an automatic suspension of your license, it also helps you avoid self-incrimination. Your attorney can then advocate for your license to be returned.
3. Were the Officer’s Observations Subjective? Officers often have to rely on their judgment to determine levels of intoxication, whether or not a driver is “under the influence”, and even what constitutes failing a field sobriety test. These observations can be highly subjective and, as a result, can be challenged by your OWI attorney.
4. Are the BAC Readings Accurate? BAC readings are not as accurate or reliable as they are made out to be. BAC levels can be affected by a number of factors such as the time since your last drink or food you’ve eaten and how long it has been in your stomach. There are several arguments an OWI attorney can make, questioning the validity of BAC test results.

Fight Wisconsin OWI Charges With Help From Eisenberg Law

As our 4 common defense strategies indicate, OWI charges do not necessarily lead to OWI convictions. It is possible to build a strong and effective defense with help from the Wisconsin OWI attorneys at Eisenberg Law Offices. Discuss your case and your options with one of our OWI attorneys in a free consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/4-common-defenses-to-wisconsin-owi-charges-eisenberg-law/.

Dog Bite Injuries and Wisconsin Statute of Limitations

 

Dog Bite in Wisconsin? Report it Before the Statute of Limitations Runs Out

A dog bite qualifies under personal injury law in Wisconsin. That means you can file a lawsuit against the dog owner to obtain compensation for your injury. One important fact to keep in mind: the statute of limitations. You have a limited period of time in which to file the lawsuit or you will miss your chance to file a suit and collect damages.

The Statute of Limitations in Dog Bite Injury Cases

Wisconsin has a 3-year statute of limitations on dog bite injuries. That means that you have 3 years from the date of the attack to file a lawsuit. If you miss this deadline, you will be unable to ever file a lawsuit to obtain compensation for your injuries. There are exceptions to the 3-year limit if the one bitten was a minor. In that case, the statute of limitations ends two years after their 18^th birthday.

Even though there is a 3-year statute of limitations on filing a claim, that limit does not apply to resolving the claim. Once filed within the appropriate timeframe, cases do not have a limit on how long they can be litigated. Some cases are solved quickly while others can take years to go through the legal system. However, as long as the suit was filed within the 3-year deadline, it can proceed no matter how long it takes to reach a resolution.

Take Action Soon After a Bite

There’s no need to wait until the 3-year mark approaches to take action after a dog bite. Even if you don’t think you want to pursue a personal injury claim, you should still report the incident. This will help build your case if you do decide to pursue a claim in the future. But it will also alert animal control to the fact that there is a dog that bites in the area and they can verify whether or not the dog is current on their shots, including rabies.

If you have suffered a serious injury, call 911 to receive prompt medical attention, then follow up with your doctor for a more comprehensive exam. This is particularly important if you do not have proof of the dog’s rabies vaccination status or if the wound becomes infected or isn’t healing as expected.

Meet with a Wisconsin Dog Bite Attorney at Eisenberg Law Offices

The State of Wisconsin holds dog owners strictly liable for any bites or injuries that their dogs inflict on others. Our personal injury attorneys will help you collect evidence and build a case to prove that you are entitled to compensation as a result of the dog’s attack. If insurance companies are involved, we will represent you to them and negotiate to ensure you receive a fair and accurate settlement.

Contact the Wisconsin personal injury attorneys at Eisenberg Law Offices by calling 608-256-8356 or emailing info@eisenberglaw.org to arrange a free consultation.

This post was originally published at https://www.eisenberglaw.org/dog-bite-injuries-and-wisconsin-statute-of-limitations/.

Eisenberg Law | Madison Wisconsin Car Accident Lawyer

 

5 Ways a Car Accident Lawyer Can Help You After an Accident

A car accident lawyer is your advocate and guide from the initial claim filing to whatever path your claim takes – a settlement or a court case. Our Madison, Wisconsin car accident attorneys make certain that accident victims’ rights are protected and that every avenue is exhausted before a claim is settled to ensure fair and adequate compensation for injuries and expenses. Below, are 5 ways auto accident attorneys can accident victims.

Five Ways Our Madison, Wisconsin Law Firm Helps Car Accident Victims

1. Help You Understand What’s Going on. Attorneys know the law. They know how insurance companies work. They know how the court system works. They know what kinds of claims get approved and which don’t. Your Eisenberg Law attorney will help you understand your rights and explain your legal options so you can make the best decision for your situation.
2. Investigate and Collect Evidence. Appropriate evidence is crucial to the success of a car accident claim. Our attorneys collect and analyze evidence and use it to build your claim. Evidence may include: accident reports, camera footage, witness testimony, medical files, and insights from expert witnesses.
3. Determine Claim Amount. Claim amounts are based on facts. Car accident lawyers calculate the economic expenses of the accident such as current and future medical bills and lost wages, as well as the non-economic damages such as PTSD and pain and suffering. They use this information to determine a dollar amount for your claim that covers all of these current and anticipated expenses.
4. Handle the Insurance Company for You. Your Eisenberg Law attorney can manage the insurance claims process and negotiate a settlement on your behalf. This allows you to avoid the typical insurance stonewalling or low-ball settlement offers that are all too common in the industry.
5. Represent You in Court. If you are unable to reach a settlement with the insurance company, your car accident lawyer can file a lawsuit and represent you in court. Your attorney will also represent you during the pre-trial and discovery stages, prep for trial, and evaluate any settlement offers that present themselves in the meantime. If you do make it to trial, your attorney will represent you in court, presenting facts and evidence and fighting for your right to obtain the full compensation amount you are due.

Contact Eisenberg Law in Madison, Wisconsin For Car Accident Representation

The car accident attorneys at Eisenberg Law Offices represent accident victims throughout Wisconsin. We fight aggressively for our clients to ensure they receive the compensation they are entitled to so they can move forward with their lives after an accident.

If you have been injured in a car accident and need help managing the insurance claims process, negotiating with your insurer, or need to take the claim to court, contact our Madison, Wisconsin law firm at 608-256-8356 or info@eisenberglaw.org to schedule a free case consultation.

This post was originally published at https://www.eisenberglaw.org/eisenberg-law-madison-wisconsin-car-accident-lawyer/.

Wisconsin Gun Ownership | Legal Options | Illegal Possession

 

The Legalities Of Gun Ownership in Wisconsin

Gun ownership is popular in Wisconsin. The state is full of hunters and collectors as well as people who just enjoy going to the shooting range. Fortunately, the 2^nd Amendment to the U.S. Constitution provides U.S. citizens with the right to own guns and engage in these activities. However, with the right comes responsibilities. Violations of the state’s gun laws can lead to legal consequences and even the loss of your guns.

Who Can Own a Gun in Wisconsin?

Anyone over age 18 can open carry anywhere that concealed carry is legal in Wisconsin as long as they have not been prohibited from firearms possession.

There are no licensing requirements in the state, but gun buyers are subject to a background check when buying through a licensed dealer. Residents must be at least 21 years old to buy a gun.

It is illegal to open carry a gun in WI in or on:

• Police stations, state patrol stations, or sheriff’s offices
• Correctional facilities of any kind
• A mental health treatment center
• Federal, state, or county courthouses
• Municipal courtrooms that are in session
• Airports, past the security checkpoints
• School property
• Bars (unless there is a preexisting concealed carry weapon license)
• Federal land or property, except for national forests

WI Concealed Carry Laws

There are even stricter rules for concealed carry. Anyone who plans to conceal carry their weapon must apply and be approved for a concealed carry weapon license. Licensing requirements are:

• 21 years of age or older
• Provide a valid ID, such as a driver’s license
• Complete state-licensed firearm training
• Be free of court orders prohibiting the purchase of a firearm
• Have no felony convictions
• Have no illnesses that result in the prohibition of gun ownership
• Meet all federal firearms ownership requirements

Who is Prohibited from Owning a Gun?

The state builds on federal laws for who can and cannot possess a gun. Together, the laws help prevent gun ownership by individuals who have demonstrated risk factors. You cannot own or purchase a gun in Wisconsin if:

• You have been convicted of a felony crime in the state
• You have been convicted of a crime in another state that would be considered a felony in Wisconsin
• You committed a crime as a juvenile that would result in a felony charge if it had happened when you were an adult
• You were charged with a felony but found not guilty due to a mental health condition
• You were found not guilty of a crime in another state by reason of insanity that would be charged as a felony in Wisconsin
• You have been ordered not to have a gun because you have been in rehab for mental health issues or drug dependency, have had a guardian appointed for you, or have been put in a protective placement
• You have gone to rehab for alcoholism and have been determined to be a risk to yourself or the public safety
• You are under domestic abuse or harassment restraining order

Penalties for Illegal Gun Possession

The penalties for illegal gun possession vary depending on the circumstances with felons facing the most severe penalties. Felons who are convicted of illegal gun possession can be sentenced to as much as 10 years in prison and be fined $25,000 or more.

Carrying a concealed weapon in the state without a permit is a Class A misdemeanor that can lead to 9 months in jail and fines of up to $10,000.

“Possession” is defined as having control of a loaded or unloaded firearm and being aware of that control. Possession also includes handling a firearm, no matter how briefly or minimally.

Explore Your Defense Options During a Consult with Eisenberg Law Offices

If you are charged with possession or illegal gun ownership in Wisconsin, you will need a criminal defense attorney to help you avoid conviction. The criminal defense attorneys at Eisenberg Law Offices have been successfully defending gun ownership and possession cases for over 30 years.

Contact us at 608-256-8356 or info@eisenberglaw.org to schedule a free and confidential consultation to discuss your situation and learn about the defense options available to you.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/wisconsin-gun-ownership-legal-options-illegal-possession/.

Dash Cam Footage in Wisconsin Car Accident Cases

 

Is Dash Cam Footage Accepted as Evidence in Wisconsin Car Accident Cases?

In a car accident case, investigators, attorneys, and the courts in Wisconsin will examine evidence to determine liability for the accident. Determining liability is necessary to determine who pays for the damages from the accident. Typically, evidence will include police reports, witness statements, medical reports, and even footage from highway cameras or security cameras. One piece of evidence that is increasingly being accepted is dash cam footage.

Dash Cams in Wisconsin

Dash cams are common on Wisconsin police vehicles and the footage has been used to provide evidence in different types of cases. Dash cams are also used privately in the state and are legal as long as they are installed according to specific requirements.

Dash cams must:

• Not obstruct the driver’s view.
• Be mounted behind the rearview mirror.
• Not block the area cleared by the windshield wipers.

Dash Cam Evidence

Since they are legal in Wisconsin, courts are usually willing to accept dash cam footage as evidence in car accident cases.

Dash cams can provide valuable information about how an accident happened, bolstering your claim and providing visual evidence that you may have forgotten or been unaware of. They can provide visual evidence of road conditions or obstructions in the road and events leading up to the accident. They can prove that the other driver violated the rules of the road or caused the accident.

The footage may also show what happened during and after the accident. This can be especially helpful in hit-and-run accidents. Dash footage may be able to verify the color, make, model, license plates, and condition of other vehicles involved in the accident.

Any of this information can be used to help support your claim. If you have dash cam footage, inform your attorney immediately so the footage can be retrieved before it is lost or damaged. If the other driver has a dash cam, tell your attorney immediately. Your attorney can make a formal request for this footage early before it has a chance to get “lost”.

How a Car Accident Attorney Can Use Dash Cam Footage

Car accident attorneys use dash cam footage to back up your claims with strong, visual evidence. The dash cam may reveal:

• The posted speed limit and how fast you were driving.
• Your position within the roadway or driving lane.
• From which side your car was hit.
• How vehicles traveling in front of you were handled and affected the accident.
• How the other driver behaved after the accident.

Many cams have audio recordings in addition to video footage. These recordings may provide additional evidence such as the other driver’s verbal comments, state of mind, or behavior after the accident, including threats or apologies related to the accident. This information could also be entered as evidence to support your claim.

Dash Cam Footage May Be Used Against You

Just as footage can be used to support your claim, it can also be used against you. The other driver’s insurance company or attorney may try to get the evidence removed by suggesting the footage was inconclusive or altered. They could also argue that the cam was not installed properly, which could hurt your claim even if the footage is helpful to your case. Finally, it could be argued that the footage does not show the collision, therefore, it should be available as evidence.

Meet with a Wisconsin Car Accident Attorney at Eisenberg Law

It is difficult to manage a car accident claim on your own. The at-fault driver, their insurer, and their attorney will do everything they can to disprove your claim or wear you down with delaying tactics. If you have been injured in a car accident, get help navigating the claims process and even going to court, if necessary, from Eisenberg Law Offices. Our auto accident attorneys will support your case with evidence and advocate for you to receive the compensation you are due.

Learn more about our process and your options during a free consultation. Call 608-256-8356 or email info@eisenberglaw.org to schedule.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/dash-cam-footage-in-wisconsin-car-accident-cases/.