Expunged Juvenile Records | Wisconsin Criminal Defense

 

Expungement of Juvenile Records in Wisconsin

Wisconsin juvenile crimes are particularly disturbing. It can be alarming to learn the age of the perpetrator and many people often wonder how the juvenile’s future will play out. They aren’t alone in wondering about this. Doctors, judges, and prosecutors have all wondered how age impacts a juvenile’s actions, particularly now that medical research suggests that the human brain is not fully developed until the age of 25.

But even if a defendant’s age is under 25, age alone cannot be used as an excuse for the dismissal of charges or leniency in sentencing. A crime is still a crime, after all. One advantage that juveniles have that adults do not have is that juvenile records may be expunged.

Juvenile Record Expungement Under Wisconsin Law

Individuals who qualify as juveniles at the time of their crime may make a request to have their records expunged. Expungement removes your name from the criminal records of the case but does not overturn your conviction. Having your name removed from the case records can make it easier to secure a job, enroll in a college or university, or find housing.

Juvenile records can be expunged in Wisconsin under certain conditions. These include:

• The applicant was under 25 years of age when the crime was committed.
• The crime was a misdemeanor or a low-level, non-violent felony.
• Guilt was admitted and the punishment was fully completed, including probation terms.
• The potential consequence for the crime had a maximum imprisonment period of up to six years.

Each of the conditions listed above must be met in order to request a records expungement.

2021 Ruling from the WI Supreme Court

In June 2021, the state Supreme Court tightened the rules related to juvenile records expungement. The Court ruled that sentencing judges could not give leniency when expunging a young adult’s record if that same person violated any condition of their punishment or probation sentence. The decision was not unanimous with the dissent arguing that judges should have some discretion in leniency taking into account how large or small the infraction committed by the juvenile during their sentencing term was and how it affected their punishment.

Contact Eisenberg Law for Help with Juvenile Records Expungement

Expungement can be very effective in helping a young adult clear the path toward a more successful future. If you or a family member are interested in having juvenile records expunged, contact Eisenberg Law Offices in Madison, Wisconsin for help. We can help you understand how expungement works, determine if you or your loved one is eligible for expungement, and file the request and represent you to the judge.

Learn more about expungement in a private and confidential meeting with one of our criminal defense attorneys. Call 608-256-8356 or email info@eisenberglaw.org to schedule a free consultation.

This post was originally published at https://www.eisenberglaw.org/expunged-juvenile-records-wisconsin-criminal-defense/.

OWI 2nd Offense in Wisconsin | Wisconsin OWI Attorney

 

Received an OWI 2^nd Offense in Wisconsin? Here’s What to Expect

Anyone who receives an OWI 2^nd offense in Wisconsin can expect harsher fines and penalties than what they received for their first OWI offense. First OWIs are considered a civil offense in the state, but a second OWI is a criminal offense with no exceptions. It is possible to receive up to 6 months of jail time, fines up to $1,100, and the loss of your driver’s license for 12 months.

OWI 2^nd Offense Penalties

If your first OWI occurred within the past 10 years, the penalties for your 2^nd OWI will be more severe. A second OWI conviction may see you penalized with:

• 5 days to 6 months in jail. The amount of days you are incarcerated is doubled if there was a passenger under the age of 16 in the vehicle when you were stopped for OWI.

• $350-$1,100 in fines. These are the minimum and maximum fine amounts for an OWI 2^nd offense. If you have a BAC of .17% to .199%, the fines double. They triple if the BAC is .20% to .249%. Fines quadruple if the BAC is .25% or higher.

• Mandatory substance abuse treatment. All OWI convictions include mandatory substance abuse assessment from an approved facility within the driver’s county of residence. This assessment must occur within 72 hours of the conviction. Upon completion of the assessment, a driver safety plan will be developed and the driver may be required to undergo substance abuse treatment, OWI classes, or other programs.

• Loss of Driver’s License. It is possible to lose your license or have it suspended if chemical analysis shows a prohibited BAC level or drug content. At a minimum, the driver’s license will be suspended for 6 months, but the time may be increased if you refuse BAC testing. A judge may also suspend your license for 12-18 months plus confinement length if you are convicted of 2^nd OWI in court. This runs at the same time as the 6-month test failure suspension; it is not an additional 12-18 months on top of that. The revocation period may be doubled if there was a passenger under 16 in the vehicle with you.

• Ignition Interlock Device (IID). Once your license has been reinstated, you will have to install an ignition interlock device (IID) on all vehicles that are titled or registered in your name. The device will remain in place for 18 months to two  years. This cost of IIDs is approximately $1,000 per year, per vehicle.

Additional Consequences of a Second OWI in Wisconsin

It is costly to be charged with an OWI. In addition to the legal penalties mentioned above, other expenses and consequences related to a second OWI in Wisconsin are:

• The cost of alcohol and drug assessment and the subsequent driver safety plan.
• The cost of an occupational license and reapplication fees.
• Mandatory SR22 high-risk auto insurance.
• Higher life insurance and health insurance rates
• Lost time off work
• Impound fees.

Contact a Wisconsin OWI Attorney if You Have Been Charged

If you have been charged with an OWI, whether it is your first or second offense, protect yourself by seeking help from the OWI attorneys at Eisenberg Law Offices. We offer free and confidential consultations and are committed to helping our clients minimize the fallout from OWIs.

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

This post was originally published at https://www.eisenberglaw.org/owi-2nd-offense-in-wisconsin-wisconsin-owi-attorney/.

Car Accident Damages | Wisconsin Accident Attorneys

 

Maximizing the Damages Collected After a Car Accident in Wisconsin

Wisconsin law allows victims of a car accident to collect compensation, called damages, from the responsible party via a personal injury claim. Our auto accident attorneys represent victims who are trying to rebuild their lives after an accident. We help our clients determine the appropriate claim amount by examining the economic losses that they have suffered as well as the non-economic losses.

Economic losses or expenses are fairly straightforward. These amounts are easily quantified and include things such as property damage, medical bills and recovery costs, or lost wages. Non-economic losses do not always have a clearcut dollar amount associated with them but are just as important in “making the victim whole” again as economic losses. Non-economic losses include pain and suffering.

There isn’t an easy way to determine the damage amount a victim should claim. Attorneys and insurers examine evidence from the accident and the severity of the injuries suffered and use that information in a formula to determine the compensation amount that should be awarded.

Examples of Damages Awarded in Wisconsin Car Accident Cases

What kinds of damages can be awarded in a car accident case? There are many different types and some of them include subcategories. This is another reason why it is so important to have a qualified injury attorney representing you. Your attorney will exhaust all opportunities for compensation to help you receive the maximum amount of damage compensation possible. Compensation may be awarded for:

• Medical Expenses. This includes past, present, and future expenses. The bill starts adding up from the moment the accident occurs and may include ambulance service, ER bills, follow-up care, rehabilitation, prescription medication, surgeries, as well as medical tests and lab work. You may also be able to obtain compensation for your travel costs to and from medical appointments. If the injury is long-lasting or permanent, your attorney will fight to make sure your future medical expenses are included in the settlement.

• Lost Wages. If you missed work due to your injuries and recovery, you may apply for reimbursement for those lost wages as well as any benefits you may have lost, such as used vacation or a sick day, or PTO. If the injuries were so severe that you can't even do your job anymore, you may be able to receive compensation for lost future income and benefits.

• Additional Non-Economic Losses. In addition to pain and suffering, other noneconomic losses include: worsening of previous injuries, emotional harm, loss of enjoyment of life, and loss of companionship.

Eisenberg Law’s Wisconsin Car Accident Attorneys Are Here For You

If you have been injured in a car accident in Wisconsin, contact the accident attorneys at Eisenberg Law Offices for advice and representation. We can advise you of your legal options and manage your claim for you to ensure to receive the maximum amount of damages awarded that is possible.

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

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

Eisenberg Law Personal Injury Cases | Madison, WI Law Firm

 

The Types of Personal Injury Cases Handled by Our Madison, WI Law Firm

Our Madison, WI injury attorneys handle a wide variety of personal injury cases. These cases range from the commonplace, like auto accidents and slip and fall cases, to the less common animal bite injuries, to the extraordinarily serious wrongful death cases.

The personal injury attorneys at Eisenberg Law Offices understand that the injuries suffered in these kinds of cases can cause physical and emotional strain. Our attorneys work for victims to help them recover damages in the form of compensation to help victims and their families move forward in their lives after an accident.

Personal Injury Cases at Eisenberg Law Offices

Personal injury claims take many forms and our team of Madison, WI injury lawyers have broad depth and experience in these types of cases. Specifically, the Eisenberg Law Offices team handles the following types of personal injury cases:

• Animal bites
• Car accidents
• Construction site accidents
• Motorcycle accidents
• Pedestrian and bicycle accidents
• Premises liability/slip and fall accidents
• Truck accidents
• Wrongful death

What to Expect From Your Madison, WI Attorney

Our attorneys will conduct their own examination of the evidence and circumstances surrounding the accident to determine how much compensation you are eligible to receive from the injury incident. Your attorney will look at accident reports, medical reports and bills, insurance and repair estimates, lost wages, and more. We don’t stop at the economic hardships you have suffered. We consider the extent and severity of your injuries, how it has affected your life and ability to work, and even how much treatment and care you are expected to need in the future. 

Taking all of these current and future financial needs into account, we also consider the intangibles or non-economic damages you have suffered such as pain and suffering or emotional turmoil. The economic costs and the non-economic costs are then calculated and combined to arrive at the dollar amount you will claim in your personal injury case.

As a Wisconsin personal injury attorney, we work on a contingent basis. There are no upfront fees and we are only paid if we win you a settlement.

Fighting for Your Right to Compensation

At Eisenberg Law Offices, our goal is to secure the best possible outcome for you based on your needs. We will negotiate with insurance companies, analyze evidence, represent you in court, and fight for you to receive the amount of compensation to which you are entitled to your injuries.

To learn more about services or to meet with a personal injury attorney in private, call 608-256-8356 or email info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/eisenberg-law-personal-injury-cases-madison-wi-law-firm/.

Credit Card Fraud in Wisconsin | Eisenberg Law Offices

 

Examples and Consequences of Credit Card Fraud in Wisconsin

Credit card fraud in Wisconsin is not always the splashy, large-scale schemes that make the news. It can, and often is, committed on a small scale, by average people. Some of them may not even be aware that they are committing fraud.

What Is Credit Card Fraud?

We use credit and debit cards every day in Wisconsin. Although convenient, this also opens the door to fraudulent activity of which you may be a victim or an unknowing perpetrator. Simply put, credit card fraud happens when a person uses a credit or debit card to obtain money or property without authorization from the card owner or issuer.

Some card numbers are stolen from sites online. Some cards are found lying on the ground. The use of cards in either situation is considered fraud in Wisconsin.

Types of Credit Card Fraud

1. Fraud by False Statements. You can be charged with this type of fraud if you lie on a credit card application and receive a line of credit that you would not have been eligible for had you been truthful. Lying is not limited to income discrepancies. If you are untruthful about your name, address, social security number, or income, it all counts as fraud. This crime is especially serious and severely punished if you use someone else's name or information to secure credit.
2. Fraud by Possessing or Stealing Another Person’s Card. Unsurprisingly, using a stolen credit card counts as fraud, as does intending to sell the card to another person for their use. You may even be charged with fraud if you use another person’s card without permission, even if you didn’t steal it. In Wisconsin, it is illegal to:

• Take a card from another person who did not provide consent.
• Receive a card knowing it was stolen.
• Receive a stolen card with the intent to sell it.
• Receive a lost or misdelivered card and use it, sell it, or gift it.
• Sell a credit card.
• Buy a credit card from anyone who isn’t the card issuer.
• Receive a credit card as security for a debt with the intent to defraud the owner or issuer.

3. Fraud by Forgery. Using or possessing credit or debit cards that have been altered or are counterfeit is considered fraud by forgery. It is also illegal to be the creator of these cards.
4. Fraudulent Use of Cards. You may be charged with credit card fraud on how the card is used and the repercussions can be just as serious as other types of credit fraud. It is illegal to:

• Knowingly use an expired or revoked credit card.
• Knowingly attempt to defraud someone by using your own credit card or allowing another to do so.
• Knowingly use a fake or stolen card at an ATM machine.
• Intercept or acquire information, such as through a skimming machine, at an ATM with the intent to use that information for fraudulent purposes.
• Receive money or valuable goods through someone else’s fraudulent ATM use.
• Provide goods to someone else, knowing that the card being used is stolen or falsified.
• Be in possession of an incomplete card, such as one that is missing certain imprints, with the intent to finish it without the card issuer’s knowledge.

Credit Card Fraud Penalties in Wisconsin

• Class A Misdemeanor for credit card theft, possession of falsified credit cards, or illegally using a credit card to buy less than $2,500 worth of property within a 6-month period. A conviction carries with it a prison sentence of up to 9 months as well as fines of up to $10,000.
• Class I Felony for obtaining between $2,500 and $5,000 worth of property within a 6-month period by using counterfeit credit cards or cards that do not belong to the user. Felony convictions are extremely serious and life-changing. A Class I conviction includes prison for as long as 3 and a half years and fines up to $10,000.
• Class H Felony for using fake or stolen credit cards to obtain between $5,000 and $10,000 worth of property in a 6-month period. If convicted, penalties include up to 6 years in prison and fines of up to $10,000.
• Class G Felony for obtaining more than $10,000 worth of property in a 6-month period by using fraudulent or stolen credit cards. A conviction may include a prison sentence of up to 10 years and fines up to $25,000.

In most cases, people who are convicted of credit card fraud in Wisconsin will also have to pay restitution as part of their sentence. Restitution may include paying back the card owner or issuer the amount of money they stole and/or returning the property that was obtained.

Defense Options

In many cases, credit card fraud can be defended. The following legal strategies help get charges reduced or dropped in Wisconsin:

1. Lack of Intent. The prosecution must prove the defendant had the intent to defraud to secure a conviction. If the defense attorney can make the case that the defendant had no intent to defraud, the case may fall apart.
2. Reasonable Belief of Permission. The prosecution must prove that the defendant knew they were not supposed to be using the card. If the defense can argue that the circumstances did not fit those criteria, the charges may fail to stick. One example of this is when a card is provided for use in emergencies only. If the defendant can prove the situation in which it was used was an emergency, there is no case.

Credit card fraud can be committed unknowingly and in many different ways. If you have been accused of credit card fraud, contact the Wisconsin criminal defense attorneys at Eisenberg Law Offices for representation. We can help you fight the charges by ensuring all information presented is accurate and by presenting a strong and effective defense.

Discuss your situation in a free and confidential consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/credit-card-fraud-in-wisconsin-eisenberg-law-offices/.

Nerve Damage After a Car Accident | Eisenberg Law Offices

 

Can I File a Claim for Nerve Damage After a Car Accident?

Broken bones, concussions, and bruising may be most visible after a car accident, but nerve damage is just as common. This type of injury can be difficult to treat, requiring many visits with different medical professionals to obtain an accurate diagnosis and effective recovery plan. The good news is that you can file an injury claim to help cover some of these costs after a car accident. How much you are able to recover in damages depends on your specific situation because no two cases are ever alike, particularly injury cases.

Suing for a Nerve Damage

Filing a claim or suing the negligent party for your nerve damage is allowed under Wisconsin personal injury law. One factor that could influence your claim is your insurance coverage.

Car accident victims first have to pursue compensation through the insurance claims process. Wisconsin operates under a tort system, which is fault-based. This means that whoever caused the car accident is responsible for paying for all accident-related costs for anyone who was involved in the accident. This could include the other driver and his/her passengers.  

You would apply for damages through the at-fault party’s insurance company or your own uninsured or underinsured auto policy coverage. The insurer may offer a settlement, but you should discuss this offer with a personal injury attorney before accepting. It is not uncommon for these offers to be inadequate for your current and future medical needs in a nerve injury case.

If the offer is too low or if the insurer refuses to provide a settlement, your attorney can then file a lawsuit on your behalf to try and help you obtain the compensation to which you are entitled. In some cases. The nerve damage is so severe that it hits the limits of the policy coverage. In situations like that, you may also want to file a lawsuit against the at-fault party directly to obtain the difference between what insurance covers and what you need to pay your medical bills.

Nerves and Injury

Our nervous system covers the entire body. It is a complex system that involves our skin, organs, and brain. Proper function is essential to daily activity. Injuries to the nervous system can affect any part of the body and have the ability to severely disrupt your life. Nerves can be damaged if they are stretched, compressed, crushed, pinched, or spliced.

Some of the most common injuries that cause nerve damage are:

• The rapid forward and back motion of being in a car accident can cause whiplash which can stretch, tear, or compress nerves.
• Herniated disk. Herniated disks put pressure on nerves in the spinal column and may lead to serious permanent injuries.
• Pinched nerve. A pinched nerve occurs due to inflammation of muscles and soft tissues as they react and protect the body after trauma. Pinched nerves can become chronic if left untreated, disrupting the nerve’s ability to function properly.

Symptoms of Nerve Damage

Even the most minor of car accident injuries can cause serious damage. Nerve damage is especially hard to diagnose because it isn’t visible to the naked eye or even on imaging scans. Accident victims should pay attention to their bodies and always seek out medical care after an accident and especially if they experience any of the following symptoms:

• Spasms
• Burning
• Tingling
• Numbness
• Sensitivity
• Weakness
• Severe pain
• Twitching

How Much are Victims Compensated?

The amount of compensation you receive in a claim or lawsuit depends on:

• The extent of the injury and its impact on your life,
• The amount of medical care you require, for how long, and how much it costs,
• Intangibles like pain and suffering, loss of function, or emotional distress, and
• Insurance coverage and payouts.

Your attorney will examine all of these factors to pull together a fair claim amount that will form the basis for your settlement request. From there, the attorney will work through the insurance claims process and possibly the court system to ensure you are paid what you are due.

File a Claim for Car Accident Injuries With Help From Eisenberg Law Offices

If you have been injured in a car accident and have nerve damage, contact the personal injury attorneys at Eisenberg Law Offices. We can help you file a claim, negotiate with insurance, and pursue a lawsuit against the at-fault party to ensure you receive the total compensation amount you need to fully recover from the accident.

Arrange a free, no-obligation consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/nerve-damage-after-a-car-accident-eisenberg-law-offices/.