Bail Conditions and No-Contact Orders – what you need to know

Understand your bail conditions, especially a no contact order

When people are arrested and post bail, they often think of the bail as offering freedom. But this is not necessarily true. If you are arrested for some crimes, including domestic violence or some drug charges, you may have conditions posted on your bail. One of the most common are no contact orders, which limits how close you can be to certain people after you post bail. Violating a no-contact order brings its own penalties and consequences, so you need to understand your duties to ensure you don’t create more legal problems for yourself.

Consequences of No-Contact Orders

If you are given a no-contact order, this generally means you cannot have any kind of contact with the person or people named in the order. In a domestic violence case, for example, you may be ordered not to come within 500 feet of the person who accused you. You may also be ordered not to make contact, either directly or through anyone else, with a potential witness to litigation.

If you violate a no-contact order, you will be charged with an additional offense, bail jumping. This will create more problems for you: you will find it harder to be released on bail again, and face additional fines and jail time. And it will make defending yourself against the original charges that much more difficult.

Adjusting When You Can’t Go Home

Sometimes, a no-contact order means you cannot go home for the period of the order. Depending on the order and who it covers, you also may have to stay away from someone with whom you normally work. Your freedom when you post bail does not include the right to resume your life as though everything is normal. You are still under conditions of bail and have to adjust accordingly.

If you have been arrested and released under a no-contact order, don’t take chances. Your Madison criminal defense attorney can help you understand your rights and how you can find ways to live your life even if you can’t go home. Contact the experienced attorneys at Eisenberg Law Offices to learn more.

This post was originally published at https://www.eisenberglaw.org/bail-conditions-and-no-contact-orders-what-you-need-to-know

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Wisconsin’s new 4th OWI law – what you should know

Arrested for 4th OWI in Wisconsin?  Here’s what you should know

As of January 1, 2017, Wisconsin OWI law has changed for a fourth offense. If you have been convicted of three offenses, no matter when in your life they occurred, a fourth offense counts as a felony. The penalties for felony OWI charges are steeper, and the impact on your life going forward can be severe. If you are arrested for a fourth offense OWI, then, you need strong, experienced legal representation to protect you.

Changes to Wisconsin OWI Law

Before the most recent change in law, a fourth OWI would be a misdemeanor offense if it had been at least five years since your last OWI. The penalties were still significant; a misdemeanor OWI brings a fine of $600 to $2,000, and a sentence of from 60 days to one year in jail. You would also lose your driver’s license from two to three years.

Now, though, the fine for a felony OWI ranges from $600 to $10,000. In addition, you face a minimum of six months in jail. Even if your last OWI was a decade ago or more, you will face these felony charges and, if convicted, have your life changed forever.

Defending Yourself

Given the harsh penalties in place, your first defense is of course not to drive a vehicle when under the influence of drugs or alcohol. If you are pulled over, though, be sure to cooperate with the officer; resisting or refusing a breathalyzer test will only make your situation worse. But if you are arrested and charged, you need a strong, experienced attorney on your side. That attorney will talk with you about your arrest, and help you understand both the consequences of a conviction and the rights you have and the defenses you can raise in a trial.

A fourth OWI conviction in Wisconsin brings harsh penalties for you that affect your job, your family, and your life. If you have been arrested with prior OWI convictions on your record, contact Eisenberg law offices for the best legal representation available.

This post was originally published at https://www.eisenberglaw.org/wisconsins-new-4th-owi-law-what-you-should-know

The Do’s And Don’ts Of Co-Mingling Wisconsin Marital Property Assets

How to keep gifts and inheritances from becoming Marital Property Assets

One of the first things you’ll hear from a Wisconsin divorce attorney is that Wisconsin is a “community property” state. What does this mean for marital property and asset distribution? In essence, it means that the court views all of your assets as being jointly owned and will divide property and assets equally between spouses. This is true even if only one spouse is named on a deed, title, debt, etc.

Two of the exceptions to this rule relate to inheritances and gifts. In either situation, it is possible for the asset to be considered “individual” property and safe from division during a Wisconsin divorce, but you’ll need to document why the asset should be excluded.  You can do this by proving that it was kept separate from marital assets.

The Do’s And Don’ts Of Co-Mingling Assets

Even individual property can be considered marital property if it wasn’t managed in a certain way. If you receive a gift or inherit assets during the marriage and wish to keep those assets separate from the marital assets:

DO:

  • create a separate bank account for those assets;
  • invest gifted or inherited funds in a separate investment or retirement account in your name only;
  • obtain proof/documentation from the estate of the deceased that specifically shows what was left to you;
  • obtain documentation of substantial gifts received stating that the gift was intended solely for you;
  • make sure that any gift received by you is given to you alone, and not also to your spouse.

DON’T:

  • deposit inherited or gifted funds into a joint bank or investment account;
  • use inherited or gifted funds to purchase marital assets or property;
  • hold title to an inherited or gifted asset in both your name and your spouse’s name;
  • pay marital debts with inherited or gifted assets.

A Word About Personal Injury Settlements and Marital Property

In some cases, personal injury settlements may be considered separate property. In order to avoid having personal injury settlements treated as joint property, follow the same guidelines for gifted or inherited assets to avoid the appearance of co-mingling.

Consult An Eisenberg Law Attorney For Wisconsin Divorce Advice

If you have been gifted or have inherited funds, property, or other assets and wish to keep them separate from marital property, consult a family law attorney at Madison’s Eisenberg Law Offices for advice on how to prevent co-mingling with marital assets. Call 608-256-8356 or email Info@EisenbergLaw.org to arrange a free consultation.

Best Criminal Defense Lawyer In Madison WI

3 Must-Have Qualifications Of The Best Criminal Defense Lawyer In Madison, Wisconsin

When faced with criminal charges in Madison, one of the first things you’ll need to do is find a criminal defense attorney. But not just any criminal defense attorney will do; after all, you are fighting for your reputation, your freedom, and an outcome that will affect the rest of your life. You want to find the best criminal defense lawyer in Madison, Wisconsin.

The trouble is, there are so many attorneys to choose from; how can you find an attorney who is most likely to help you build your best defense?  As it turns out, there are a few qualifications that can help you narrow down the list considerably. Here are three qualifications your attorney must have.

Your Criminal Defense Attorney Must:

  1. Have Experience Winning Cases Like Your Own. An attorney with a strong track record of winning cases is definitely going to catch your eye, but pay attention to the types of cases they have won. You want to hire an attorney who has experience with both criminal defense in general and with your specific type of case, in particular. Attorneys that have this experience should have no qualms about sharing that experience with you. One who hems and haws or tries to redirect the conversation probably isn’t the right choice.
  1. Understand Your Situation And Communicate Well. One common complaint about lawyers is that they talk over their clients’ heads or don’t talk much to the client at all! This is not helpful. The best criminal defense lawyer in Madison, WI will be able to grasp your situation and explain it and your defense options to you in a way you understand. He or she should be able to answer your questions in laymen’s terms, explain the evidence against you, and the consequences you face. They should check in with you frequently to make sure you understand what is going on at every step of the case.
  1. Make You Feel Comfortable. The best attorneys are empathetic to their clients’ plight and get along with their clients. Take the time to meet with the attorney who will be representing you in person. Those who fully invest in their clients will be available for these meetings and will make you feel at ease. Always listen to your gut. If you don’t feel comfortable with an attorney, keep looking. You are placing your life in this person’s hands. You need to have a high level of confidence in their abilities and trust them to advocate for your best interests.

Find The Best Criminal Defense Lawyer In Madison WI At Eisenberg Law

If you are facing criminal charges in Wisconsin, contact Eisenberg Law Offices right away. Our criminal defense attorneys have over 35 years of experience handling criminal cases of all types.

Call Eisenberg Law Offices at 608-256-8356 or email Info@EisenbergLaw.org to schedule a free, no-obligation case consultation.

This post was originally published at https://www.eisenberglaw.org/best-criminal-defense-lawyer-in-madison-wi

Avoiding Personal Injury In Boating Accidents

Summer Is Coming! Here’s How To Avoid Boating Accidents

After the long winter, many Wisconsinites are looking forward to taking the boat out of storage and getting out on the water – and we can’t blame them! Fishing, waterskiing, and recreational boating are a favorite pastime for Wisconsin residents and tourists alike, but boating does come with its own set of dangers. From property damage to personal injuries to drowning, boating accidents can create life-altering changes in your life.

To help prevent boating accidents and injuries, our Wisconsin accident attorneys have compiled this checklist of boating safety tips.

7 Tips To Help Prevent Boating Accidents

Keep these safety tips in mind as you head out to the waterways this summer.

  1. Watch The Weather. Mother Nature is fickle and can change on a dime in Wisconsin. Strong winds, lightning, and rain all pose a danger to boaters so be sure to check the weather before you get out on the water and frequently throughout the day to avoid unexpected dangers.
  2. Create A Boat Checklist. Just as you probably have a winter car kit, a boat kit will help you be prepared if the unexpected happens. Create a checklist to make sure the boat is always stocked with the equipment you need such as lifejackets, extra gasoline, a first aid kit, blankets, rain gear, and emergency flares.
  3. Tell People Where You’re Going. Always let at least one person know where you plan to be and for how long. Similar to how you might “call when I get there”, this step can help authorities find you faster if you are reported missing.
  4. Wear A Lifejacket. We cannot stress this enough! Wearing a lifejacket should be as second nature as wearing your seatbelt in the car. Even the most skilled swimmer can become injured or discombobulated if they somehow end up in the water. Lifejackets are the single best way to prevent drowning deaths or injuries from taking in too much water.
  5. Become A Strong Swimmer. Anyone who is going to be out on the water should have basic swimming skills, but the stronger a swimmer you are, the better. Local community centers and the YMCA offer swim classes for everyone from infants to adults. If you’re not confident about your swimming ability, sign up for a class or start practicing at the pool on your own.
  6. Skip The Alcohol. Alcohol isn’t only a danger on the roads, it’s equally as dangerous on the water and is one of the leading factors in boating injuries and deaths. It’s best for everyone on board to avoid alcohol, but at the very least, the captain should avoid drinking alcohol to ensure the safety and well-being of the passengers.
  7. Know The Boat. If you are renting a boat or borrowing it from a friend, take some time to get to know it. Learn how to operate it properly, where all safety gear is stored, and how to operate the radio if it has one. If you plan to take a boat out often, sign up for a boating course to become a qualified and competent captain.

Happy Boating From The Accident Attorneys At Eisenberg Law Offices

The accident attorneys at Eisenberg Law Offices are just as eager to enjoy Wisconsin’s lakes and rivers this summer as you are. Keep these tips in mind to enjoy safe and responsible boating all summer long!

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/avoiding-personal-injury-in-boating-accidents

Understanding The Personal Injury Insurance Claim Process

Understanding The Personal Injury Insurance Claim Process

The first step in any personal injury claim process is filing an insurance claim. Although the process is straightforward, it can seem intimidating because so few people ever have to do it. The added stress of being injured or financially in need can make the process even more taxing.

To ease any fears or reservations you may have about initiating a personal injury insurance claims process, we’ve put together this explanation of what to expect.

Walkthrough Of An Auto Accident Claim

We chose an automobile accident as our example because it is one of the most common situations in which you may want to file an insurance claim.

Step 1: Notification

The first step in any personal injury claim process is to notify your insurance company about the accident. At the time of the accident, you should have exchanged personal information, including auto insurance information, with the other driver. To notify your insurance company, you simply call your agent or the number provided on your insurance card. Once you’ve notified the insurance company, they will ask you for some information about the accident and set up a claim. You’ll be given a claim number and someone will be assigned to your case.

Step 2: Investigation

The insurance company representative of the at-fault party is called a claims adjuster. He or she will begin an investigation of the claim to uncover facts and details of the case. They may call you even after you’ve given your statement to the insurance company. They might also contact witnesses or review police reports to obtain the information they need. The investigation process can move very quickly or may last a long time, depending on the complexity of the situation. You may offer up any additional information you might have, such as medical records, to support your case. Medical records are often required if you are seeking compensation for any injuries you sustained in the accident.

Step 3: Negotiation And Payment

Once the investigation has been concluded and fault determined, the insurance company will offer a settlement. A settlement is a payment that is intended to compensate you for any losses you may have suffered as a result of the accident. One important point to note: you do not have to accept the insurance company’s settlement offer. You can try to negotiate for a higher amount if you feel the amount offered does not adequately cover your losses.

Seek Legal Advice From Eisenberg Law Offices In A Personal Injury Claim Process

There are many benefits to hiring an attorney when you are planning to file a personal injury claim.

Trying to resolve the claim yourself is fraught with danger.  The other person’s insurance company is not your friend.  They will try and give you as little money as possible.

  • An attorney can handle the entire process on your behalf, greatly reducing the stress and apprehension you may be feeling.
  • A personal injury attorney will be familiar with the claims process and know exactly what kind of evidence will best support your case and how to present it.
  • A personal injury attorney can possibly prevent a court battle by negotiating a settlement on your behalf.
  • Legal representation is crucial to securing a positive outcome.

If you are ever involved in an auto accident or a personal injury case of a different type, please contact Eisenberg Law Offices in Madison for a free case consultation. We can help you determine the best course of action before you begin the personal injury claim.

Arrange a free, no obligation 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/understanding-the-personal-injury-insurance-claim-process/

What makes a Wisconsin juvenile crimes court different than adult court?

A Wisconsin Juvenile Crimes Court may provide leniency

Hearing that your child has to attend a Wisconsin juvenile crimes court is not pleasant news. However, it does not have to be bad news, either. A juvenile crimes court is set up specifically to help guide the juvenile involved. There can be punishment, but the system treats a juvenile crime in a much different manner than an adult crime.

When a minor is accused of a crime, the subsequent hearing and punishment, if appropriate, usually are handled through juvenile court. Sometimes minors can be tried as adults if the crimes are severe enough. But if the hearing will instead be through juvenile court, any punishment will focus on returning the minor to society as quickly as possible.

This does not mean that a hearing in juvenile court results in an automatic guilty verdict. There is still a hearing to determine guilt or delinquency and the level of responsibility. If the minor is found to be delinquent, the punishment may involve community service or time in juvenile detention. However, upon turning 18, the minor (now an adult) may be released and the record sealed so that the crime does not prevent the person from leading a normal life.

Juvenile courts tend to treat crimes as mistakes of a sort. The punishments are meant to penalize the person to an extent that won’t stop them from moving forward in a timely manner with school or work once the punishment is over.

Despite these advantages, juvenile court can be scary for minors, parents, and guardians who have never experienced it before. If your child has to go to juvenile court, seek legal assistance from Eisenberg Law Offices. Expert help ensures that the juvenile court experience will be easier to understand and to work with.

This post was originally published at https://www.eisenberglaw.org/makes-wisconsin-juvenile-crimes-court-different-adult-court/.

3 Surprising Facts Most People Do Not Know about Domestic Violence Charges

In Wisconsin, Domestic Violence Charges can encompass more than you think

Domestic violence charges bring serious consequences in Wisconsin, including a 72-hour no contact order, loss of access to firearms, and significant penalties. It also puts a mark on your criminal record that can be impossible to fully overcome. But while most people understand the importance of the issue, common misconceptions make it seem less likely to happen to you. Below are three facts that you may not realize about domestic violence that your Wisconsin criminal defense attorney can discuss with you.

  1. It Can Happen to Anyone

Domestic violence incidents and arrests can happen in any home. Either a man or a woman can be charged. If you threaten or attack someone, or if you are attacked or threatened, domestic violence charges may follow.

  1. It Isn’t Just Physical Violence

Domestic violence sounds like it requires a physical attack, but in reality it does not have to include a single punch. Verbal or emotional abuse also counts as domestic violence. A threat of harm or shouted attacks can lead to charges. If you make someone feel afraid, or if someone else makes you feel afraid, that is an incident of domestic abuse.

  1. It Doesn’t Have to Be a Romantic Relationship

Many people see domestic violence as specifically an issue in romantic relationships. These may be the circumstances you hear about most often, but Wisconsin law does not limit domestic violence charges to a spouse or lover. It can include anyone with whom you live or have lived in the past, a relative, and anyone else with a past or present relationship with you. Even platonic roommates can be involved in domestic violence charges under the statute.

Domestic violence charges in Wisconsin are taken very seriously, and can subject you to significant penalties. If you are arrested for domestic violence, you have to treat it with the same importance the state does. Contact an experienced attorney to help you protect your reputation and your freedom.

This post was originally published at https://www.eisenberglaw.org/3-surprising-facts-people-not-know-domestic-violence-charges/.

Are you facing drug charges in Wisconsin?

If you are facing drug charges in Wisconsin, it’s time to hire a criminal defense attorney

When most people think of drug crimes, they may think of a hardened criminal running an enterprise selling drugs on the streets of a broken down inner city. But in Wisconsin, you can be arrested for drug offenses for any manufacture, distribution, delivery, or possession with intent to deliver a controlled substance. You can get convicted even without selling or intending to sell drugs.  Drug charges in Wisconsin can bring severe penalties and jail time, so it’s important to understand what can be included and to talk to a Madison WI criminal defense attorney that can represent you.

Controlled Substances

The penalties for violating the drug dealing statute are not limited to illegal drugs. You may immediately think of heroin or methamphetamine, but most prescription drugs are considered controlled substances, including Adderall, Xanax, Oxycontin, and a number of other substances prescribed for pain, depression, or other medical conditions. You do not have to sell street drugs for the law to consider you a dealer.

Manufacture, Distribution, and Delivery

Manufacturing drugs is exactly what it sounds like. If you mix chemicals to make methamphetamine, or create other drugs on your own, or grow marijuana, you can be charged with illegal manufacture of a controlled substance. This can even include changing the form of a drug into something else.

Distribution and delivery mean more than just selling substances. If you let a friend or family member share a drug that was prescribed to you, or give someone a pill that is listed as a controlled substance, the law considers you to be illegally distributing or delivering a controlled substance. If you purchase marijuana in a legal way and share it with someone else, that too represents an illegal distribution. And even before you give something to someone, you can be charged with intent to deliver.

Drug Crime Violations Are Felonies

Wisconsin provides a chart defining the classes of crimes and punishments available for drug offenses. Almost all offenses are felonies; if you are convicted, you will be fined and may go to jail as well. Moreover, you will have a felony conviction on your record that can make it difficult to find employment or get credit. If you have been arrested on drug charges, seek experienced legal help from Eisenberg Law Offices immediately.

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

Who Pays for a Personal Injury Claim?

Potential sources to pay your personal injury claim

If you suffer a personal injury that someone else causes, you have a right to seek compensation from that person. In Wisconsin, you need to file a personal injury claim within three years to have the right to recover damages. When you do so on time and prove the other person was at fault, you can recover for medical care, lost wages, pain and suffering, and other financial losses.

How Personal Injury Claims Arise

Personal injuries can arise in many contexts. Automobile accidents, accidents on someone’s property, animal bites, and slip and falls are some of the more common sources. Each of these raises different factual issues and legal remedies available, but all fall under the umbrella of personal injury claims.

Unfortunately, failing to file a claim on time means you are out of luck. This can create a huge financial impact for you when you suffer a serious injury. On top of working to physically and emotionally recover from your injuries, receiving no compensation creates a great deal of stress for you and your family.

Insurance Payments for Personal Injury Claims

Most of these injuries are covered by various insurance policies that people and companies purchase. Businesses may have general liability policies that cover incidents like slip-and-fall or other premise injuries, and carry workers compensation coverage for injuries to their employees. Homeowners usually carry coverage that includes payments for people injured on their property, and drivers in Wisconsin are required to carry liability insurance for automobile accidents.

Many other kinds of policies cover accidents in a large variety of situations. A good personal injury attorney in Madison WI will be able to help you not only file a lawsuit, but also identify the insurance policies available to pay your damages. If you have suffered a personal injury, contact the experienced personal injury attorneys at Eisenberg Law Offices. We will help you obtain the recovery you deserve.

This post was originally published at https://www.eisenberglaw.org/pays-personal-injury-claim/.