Using Social Media During Divorce | Madison Divorce Attorneys

Madison Divorce Attorneys Advise: Think Before You Post on Social Media

Social media is so common and widespread these days that we sometimes forget it's a public forum. As our Madison divorce attorneys have witnessed firsthand, that can pose a problem for people going through contentious divorces. Social media posts and comments can be used as evidence in many different kinds of legal cases, including divorce and child custody situations. Social media sites are one of the first places your spouse or his/her attorney will look for evidence that can be used against you. Pictures, videos, posts, comments…they are all fair game. Our attorneys have compiled a few tips to help individuals navigate social media while going through a court case.

Social Media Tips For Those Going Through A Divorce Or Custody Case

1. Don't discuss your case. It's tempting to air your grievances to your friends and garner public sympathy but it's not worth the damage such posts can do to your credibility and as a result, your case.
2. Don't badmouth your spouse or the judge. Similar to not discussing your case, badmouthing your spouse and especially the judge in public is a very bad idea. The last thing you want to do is disparage the person who will decide who gets custody of your kids! Trust us, any negative comments will find their way back to the judge and they won't put you in a very positive light.
3. Adhere to the terms of any court orders. Before you post any images or videos or even the names of your kids online, make sure that is allowed under the terms of any court orders. Sometimes the divorce agreement or the judge's orders may prohibit such activities. As a best practice, at least get your ex's okay before you start posting things about your kids online.
4. Check privacy settings. There is no excuse for not changing your privacy settings to private. The default settings on most social media sites is "everyone". That means anyone can see where you are and where your kids are and your spouse can use that against you in court. Check your settings and change them to private or friends only.

Our best advice is to simply think before you post something on social media. Ask yourself if this is something that you would be comfortable presenting to the judge. Think about how the post will reflect on you and your ability to parent your children. Ask if it could possibly be used against you in court. If the answer is yes, don't post it.

Contact Madison Divorce Attorneys At Eisenberg Law

The divorce attorneys at Eisenberg Law Offices are here to help you through your divorce or custody case. If you have any questions or concerns about your situation, want to obtain a divorce, or need help    securing custody of your children, contact us. We offer free, no obligation consultations.
Contact our team by calling 608-256-8356 or emailing Info@EisenbergLaw.org.
This post was originally published at https://www.eisenberglaw.org/using-social-media-during-divorce-madison-divorce-attorneys.

Facts About Underage OWI In Wisconsin | Eisenberg Law Offices

Facts About Absolute Sobriety In Wisconsin

There is plenty of information available about the consequences of OWI for adults, but information about underage OWI or absolute sobriety in Wisconsin is not so readily available. Underage OWI refers to teens who are old enough to drive, but too young to consume alcohol. The laws surrounding OWI for adults and for minors is different making it important to understand the distinctions.
We know. No parent wants to think about their teen drinking let alone drinking and driving, but it happens, maybe to your child or maybe your child is a passenger in another teen's car and they get pulled over. Teens and their parents should know their rights under Wisconsin law so they can respond appropriately if the teen is ever pulled over on suspicion of underage drinking and driving. Here are a few of important facts to understand about underage OWI in Wisconsin.

Fact #1: Wisconsin Has A Zero Tolerance Policy

One of the biggest differences between adult and teen OWI is the blood alcohol limit (BAC). The BAC is often measured by police via a field sobriety test when they pull someone over on suspicion of drunk driving. Adults who are at least 21 may legally drive as long as their BAC is .08 or lower, unless they have three prior offenses. Drivers who are under 21 years of age do not receive the same leniency. Wisconsin has a zero tolerance approach to underage OWI. Any BAC reading that is higher than 0.0% can lead to an underage OWI or absolute sobriety charge in Wisconsin.
Not only that, underage drivers can be charged with OWI even if they didn't drink alcohol but instead used a different substance that impaired their ability to drive. This could include illicit or illegal substances or even prescription medications.
Bonus Fact: One thing that both adults and teens have in common is the right to decline a field sobriety test. That's right. In most cases, drivers in Wisconsin are not legally required to submit to this test!
Bonus Fact: It's illegal for anyone, adults or teens, to drive under the influence with a person under 16 years of age in the vehicle.

Fact #2: You Can Protect Your Teen

There's a lot at stake when a teen gets pulled over and charged with OWI or absolute sobriety. The best course of action in these circumstances is to contact the Wisconsin OWI attorneys at Eisenberg Law Offices in Madison. Our criminal defense team will examine the circumstances surrounding the traffic stop and the charges against your teen, weigh the evidence, and ensure the police followed proper procedures. We will fight vigorously for your teen to protect them from the harsh, long-term consequences of an OWI.
Bonus Fact: We offer FREE, no obligation consultations and bring over 30 years of experience to every case.

Fight Charges Of Underage OWI In Wisconsin With Help From Eisenberg Law

If your teen has been charged with underage OWI or absolute sobriety in Wisconsin, there's no time to waste. Contact Eisenberg Law Offices today to arrange your free consultation and explore your legal defense options.
Eisenberg Law Offices can be reached by calling 608-256-8356 or emailing Info@eisenberglaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/facts-about-underage-owi-in-wisconsin-eisenberg-law-offices.

Crime Victims And Personal Injury Claims | Wisconsin Personal Injury Attorney

Crime Victims May Have Grounds To File A Personal Injury Claim

The most common basis for personal injury claims is typically an accident or negligence, but crime victims may be able to file a personal injury lawsuit against their attackers and/or the property owner of the location where the attack occurred. Assault and battery and sex crimes often result in physical and emotional injury. When this happens, a personal injury (PI) claim may be filed to help remedy the injuries and help the victim recover from the experience.

3 Filing Options For PI Claims

A PI claim can help cover the victim's medical expenses, lost wages, pain and suffering, and property loss or damage. There are three ways that crime victims can file a PI claim, depending on the circumstances.

1. Property Insurance Claims. Personal attacks that take place on private or commercial property may be covered by the property owner's insurance policy.
2. Worker's Compensation Claims. If the attack occurred at your place of work, you may be able to file a worker's compensation claim.
3. Civil Lawsuit. Victims can file civil lawsuits against their attackers. A civil lawsuit is separate and distinct from a criminal lawsuit and you can pursue both types of lawsuits, if the situation warrants it.

Examples Of Attacks That May Result In A Personal Injury Claim

• Workplace attacks
• Hotel/Motel attacks
• Attacks in parking lots
• Attacks at businesses
• Attacks or assaults that happen on private property
• Attacks at entertainment venues, such as amusement parks, concerts, bars, and nightclubs

A personal injury attack can happen anywhere. If you have sustained serious injuries and extensive medical bills as a result of someone else's actions towards you, it's a good idea to speak with a personal injury attorney to explore your options. You should not be left with the financial burden of the attack in addition to physical and emotional recovery.
Contact the personal injury attorneys at Eisenberg Law Offices in Madison, WI by calling 608-256-8356 or emailing Info@EisenbergLaw.org. We offer free consultations so you can learn more about the options available to you.
This post was originally published at https://www.eisenberglaw.org/crime-victims-and-personal-injury-claims-wisconsin-personal-injury-attorney/.

Motorcycle Accident Claims | Madison WI Accident Attorneys

Consult Our Madison, WI Accident Attorneys For Help Filing Motorcycle Accident Claims

After our long Wisconsin winters, motorcyclists are eager to explore the freedom of the open road! Unfortunately, as was reported earlier this year, there is a motorcycle accident roughly every 4 hours in Wisconsin. Motorcycles are inherently dangerous due to their small size and lack of protective features. Add in to the mix, negligent, distracted, drunk, or drugged automobile or truck drivers and the odds are not in favor of the motorcyclist. In fact, the National Highway Traffic Safety Administration (NHTSA) estimates that motorcyclist deaths occurred 27 times more frequently than deaths in other vehicles and motorcyclists are six times more likely to be injured in a crash than automobile occupants.
Motorcyclists must rely on themselves to stay safe on the road. That means riding sober, wearing a helmet and protective clothing, driving defensively, and obeying all traffic laws. However, even with all these precautions, motorcyclists are still at the mercy of other drivers, many of whom simply don't see motorcycles.

Motorcycle Insurance

When a motorcycle accident occurs, the effects can be devasting for anyone who was on the bike. Wisconsin requires motorcycle owners to carry bodily injury protection and property damage liability insurance in amounts equal to that of automobile drivers.  They cover the expenses of other people who were injured in an accident for which you are responsible. Liability insurance limits your exposure to financial hardship by helping to pay for the other person's injuries, but it does nothing to help pay for any injuries you might receive.
Optional add-on coverages like Uninsured/Underinsured Motorist (UIM) (UM) can help pay for any medical or property damage costs that you yourself incur. They are highly recommended by our Madison WI accident attorneys for the financial support they provide in an accident.

Motorcycle Accident Injury Claims

After an accident, you may file an insurance claim with either your own insurance company or the other person's insurance company, depending what types of coverage you and the other driver have, and the severity of the damages and injuries
Motorcycle insurance claims can be trying. Fault must be determined and injury claims are handled separate from property damage claims.
Regardless of the specific circumstances surrounding the accident, motorcyclists can best position their claims case by: acting quickly, preserving evidence, taking pictures, obtaining witness contact information, following your healthcare team's treatment plan, and following up with the insurance company.
Don't be surprised if the process is a hassle. Insurance companies save money by denying claims and making follow-up difficult for people who file claims in the hopes that they'll give up and drop the claim. Be prepared to present your case and your evidence and be persistent. If you need help filing a motorcycle accident injury claim or feel that you have been denied benefits unfairly, contact the Madison, WI accident attorneys at Eisenberg Law Offices for help. We can help you file your insurance claim and follow up with the insurer to go get you the compensation you are due.
Contact Eisenberg Law Offices in Madison, WI for 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/motorcycle-accident-claims-madison-wi-accident-attorneys/

Why juvenile delinquency charges need to be taken seriously

A Juvenile Delinquency Charge can have long-lasting impact

It's easy to dismiss a juvenile delinquency charge as something that won't stay on your "permanent record" and that won't result in long-term legal punishment. But the truth is that a juvenile delinquency charge can have very long-term effects on a person's life outside the legal system. The juvenile may not end up with a long sentence, but research now shows that even a short stay in a juvenile detention center can set him or her on a totally different and unwelcome path.
The research in the spotlight was published in the Quarterly Journal of Economics. It looked at outcomes of juvenile detention sentencing in random courtrooms and how the sentencing affected the juveniles after they were released. The researchers found that, when sentenced by a judge with a high incarceration rate, a juvenile released from detention had a much lower chance of completing high school, and a higher chance of being incarcerated -- in other words, a higher chance of going on to commit more crimes -- as an adult.
Understand that even when juvenile incarceration is short, the psychological effects linger. In today's fast-paced world, missing even a month or two of school can make catching up seem impossible. There is also the potential social shame of having been in detention, and if the teen isn't surrounded by supportive family and friends, he or she could decide it isn't worth it to try to catch up or even stay in school.
If your teen is facing a juvenile delinquency charge, take it seriously. Speak with a lawyer who can help the teen reduce or avoid detention. The lawyers at Eisenberg Law Offices will evaluate the situation and discuss your options, and they'll help you deal with the court process. Don't assume this type of charge can be shrugged off. Your teen needs legal help now.
This post was originally published at https://www.eisenberglaw.org/why-juvenile-delinquency-charges-need-to-be-taken-seriously/.

The Consequences of Texting While Driving

Charged with Inattentive Driving for Texting while Driving?

Phones with texting capability are ubiquitous, and having one hand on the steering wheel and one on the phone (or worse, knees on the steering wheel and both hands on the phone) seems almost natural now for many people. But in Wisconsin, it's illegal to text and drive. State law permits cell phone use while driving only in certain circumstances, and state legislators constantly look for ways to make the existing legal consequences tougher.
Currently, drivers in Wisconsin who have a regular license (not a probationary one) can talk on their phone while driving; those who have probationary licenses or instruction permits can't use their phones at all except when there is an emergency. No driver, regardless of license status, can text while driving. This act falls under the inattentive driving law and results in a ticket, license demerits, and a fine. There are additional penalties if the driver has a probationary license or instruction permit.
Legislators in Wisconsin strengthened the texting-while-driving laws in early 2017, but then in late 2017 they looked at making the laws even tougher. Not only would the fine be increased, but the legislators also looked at ways to prevent people from using their phones while driving to get any type of data, except directions.
Don't try to get around the law by using email instead of your text app; email is treated like texting for the purposes of the law.
But legal effects aren't the only consequences. The distraction that texting provides -- eyes off the road, absorption in the text conversation and not on paying attention to traffic -- can result in accidents that damage property and kill people. The National Highway Traffic Safety Administration says that in 2016 alone, 3,450 people were killed in accidents caused by distracted driving, which includes texting.
This is not a minor issue. If you've been pulled over for texting while driving, talk to the lawyers at Eisenberg Law Offices about your options. Most importantly, avoid texting or emailing while driving under all circumstances.
This post was originally published at https://www.eisenberglaw.org/the-consequences-of-texting-while-driving/.

The Legality of OWI Traffic Stops and Searches in Wisconsin

Illegal Traffic Searches in Wisconsin | Know your rights

If you are stopped for a suspected OWI in Wisconsin, the police may search you or your vehicle. But depending on the circumstances, you may be able to argue that the search or even the stop itself was illegal. Understanding your rights can mean the difference between a conviction for OWI or other offenses, or being able to get the case thrown out.
Does the Officer Have Probable Cause?
Before a police officer can search you or your vehicle, he or she needs to have probable cause. This means there must be a reason to suspect you committed a crime of some kind. The way to establish this is vague in the Wisconsin statutes, which gives the police officer a lot of room to interpret. It can include the way you behave or look or even smell; if there is a reason to suspect you are doing something wrong, the officer can conduct a search of you or your vehicle.
On the other hand, there are limits. If you were driving safely without speeding or swerving, the stop itself may have been illegal. There must be some evidence of breaking a traffic law, or what's called "reasonable suspicion," before you can be pulled over. Wisconsin does not even allow sobriety checkpoints like many other states do; there must be something about your individual driving that made the police officer suspect something was going on.
Cooperate First, and Challenge Later
Of course, you should not argue with the police officer. An officer might interpret belligerence as a reason to do field sobriety tests or to search you or your vehicle. If you are pulled over, you should listen and do what the officer asks. Do not admit to any guilt; do not consent to any searches. Questions as simple as "Do you know why I pulled you over?" can be used later to justify a search.
If you are arrested after a stop or search of your vehicle, do not be argumentative, but request to speak to a lawyer. Eisenberg Law Offices will examine your case and help defend your rights.
This post was originally published at https://www.eisenberglaw.org/the-legality-of-owi-traffic-stops-and-searches-in-wisconsin/.