Expungement of Arrest Records & Criminal History in Wisconsin

Learn more in this blog about what you can expect when arrested for OWI, and find out how a legal expert can help you throughout the process.

Selecting the right criminal defense attorney is one of the first decisions you'll need to make when facing legal challenges in Eau Claire or the Chippewa Valley area. This blog outlines important factors to consider, helping you find a criminal defense lawyer who can best represent your interests. Look for Experience An attorney's experience in the field of criminal law is an important factor to consider. Seek out lawyers who have a strong track record in handling cases similar to yours. This experience can significantly impact the outcome of your case. Look at their Practice Area Not all criminal defense attorneys focus on the same areas of law. Some might focus on DUI charges, while others may focus on white-collar crimes or violent offenses. Choose an attorney whose main area of practice aligns with the specifics of your case. Check Reviews and Testimonials Online reviews and testimonials can provide insight into a criminal defense attorney's reputation and how they handle cases. Look for feedback from previous clients to gauge satisfaction levels and outcomes. Look for Peer Opinions from the Legal Community The legal community is tight-knit, and the opinions of peers can be telling. Awards, recognitions, or endorsements from reputable legal organizations can indicate a criminal defense lawyer's standing in the field. Clear Communication Your criminal defense attorney should be able to explain complex legal concepts in understandable terms and keep you informed about the progress of your case. Compatibility Your comfort level with the criminal defense attorney is important. You should feel confident in their abilities and comfortable discussing personal matters. A face-to-face consultation can help determine compatibility. Understand the Fee Structure Be clear about how the criminal defense attorney charges for their services. Whether they work on a flat fee, hourly rate, or contingency basis, understanding the fee structure upfront can prevent surprises down the line. Cost vs. Value While cost is a consideration, the cheapest option may not always be the best. Evaluate what you're getting for your money, considering the attorney's experience, reputation, and the complexity of your case. Discuss Your Legal Strategy and Potential Defenses An initial consultation should include a discussion about the attorney's proposed strategy for your case. This conversation can give you insight into their thought process and how they plan to defend you. Your Criminal Defense Attorney Should Have Courtroom Confidence If your case goes to trial, you'll want an attorney who is confident and capable in the courtroom. Ask about their trial experience and comfort level with arguing a case before a judge and jury. Your Attorney Should Have Availability Your attorney should be accessible when you have questions or concerns. Understand their policy for returning calls or emails and their availability for meetings. Support Team A reliable support team is a good indication of an organized criminal defense attorney. Paralegals, administrative staff, and junior lawyers can all contribute to the efficiency and effectiveness of your defense. Contact a Criminal Defense Attorney in Eau Claire Today Choosing the right criminal defense attorney involves careful consideration of these factors. By taking the time to research and meet with potential attorneys, you can find a legal advocate who will work tirelessly on your behalf. Contact Cohen Law Offices at (715) 382-9447 for a consultation to discuss how we can assist you in overcoming your legal challenges with confidence and professionalism.

A person commits the offense of operating while intoxicated (OWI) when they operate a motor vehicle with a blood or breath alcohol concentration (BAC) of 0.08 or greater, are under the influence of an intoxicant, have a detectable amount of a restricted controlled substance in their blood, or are under the influence of a controlled substance or any other drug. Drivers who have three or more prior OWI convictions cannot operate motor vehicles with a BAC in excess of 0.02, and minors who are less than 21 years of age cannot have any detectable amount of alcohol in their system. Any person who has been arrested for an OWI offense in the Chippewa Valley will want to be quick to contact the experienced criminal defense lawyers at Cohen Law Offices. Our firm aggressively defends all kinds of DUI cases in the greater Eau Claire area and we will fight to help you possibly get your criminal charges reduced or dismissed. OWI Penalties in Wisconsin The penalties associated with an OWI will depend on a number of factors. Any previous OWI offense, including crimes involving bodily injury or death as well as chemical test refusal cases, are counted against a person. First-offense OWIs may be civil infractions that are punishable by forfeiture assuming there isn’t an injury or a minor in the vehicle, second offense that occur within 10 years or third offenses will be misdemeanors, and fourth or subsequent offenses are felonies. The possible penalties in these cases are as follows: First OWI — Fine of up to $300 Second OWI — Fine between $350.00 to $1,100 and/or five days in jail to six months in jail Third OWI — Fine between $600.00 to $2,000 and/or 45 days in jail to one year in jail Fourth OWI — Fine of up to $10,000 and/or 60 days in jail to six years in prison Fifth or sixth OWI — Fine of up to $25,000 and/or a presumptive minimum of 18 months initial confinement to 10 years in prison Seventh, eighth, or ninth OWI — Fine of up to $25,000 and/or minimum of three years initial confinement to 12 years, six months in prison Tenth or subsequent OWI — Fine of up to $50,000 fine and/or minimum of four years initial confinement to 15 years in prison Different penalties can apply in certain OWI cases. A person who has committed only one prior offense more than 10 years ago in which the offense was not an OWI causing great bodily harm or an OWI causing death means that their current charge may be a second civil offense. When a passenger less than 16 years of age was in a vehicle at the time an offense was committed, a first-offense OWI will be treated as a criminal offense instead of a civil infraction, and a third-offense OWI becomes a felony instead of a misdemeanor. When OWIs are second and subsequent offenses, fines and periods of confinement can be doubled. When a person has a high alcohol concentration while committing a third-, fourth-, fifth-, or sixth-offense, fines can be multiplied such that they are doubled for alcohol concentrations of 0.17 to 0.199, tripled for alcohol concentrations of 0.20 to 0.249, and quadrupled for alcohol concentrations of 0.25 or above. OWIs Causing Accidents When a person is involved in a car crash as a result of an OWI offense, it can impact the criminal charges that are filed. A first-offense OWI causing injury will be a misdemeanor, but an OWI causing injury that is a second or subsequent offense, any OWI causing great bodily harm, or any OWI causing death will be a felony. Criminal penalties in these cases usually break down as follows: OWI causing injury, first offense — Fine of up to $2,000 fine and/or 30 days in jail minimum to one year in jail OWI causing injury, second or subsequent — Fine of up to $10,000 fine and/or up to six years in prison OWI causing great bodily harm — Fine of up to $25,000 fine and/or up to 12 years, six months in prison OWI causing death, first — Fine of up to 100,000 fine and/or up to 25 years in prison OWI causing death, second or subsequent — Fine of up to $100,000 fine and/or up to 40 years in prison License Revocation Periods The DOT revokes the driver’s license of any person convicted of an OWI or related offense. The length of a revocation will depend on the total number of offenses a person has committed. Generally those are as follows (they can change): OWI, first offense — Up to nine months OWI, second offense — Up to 18 months OWI, third or subsequent offense — Up to three years, or if it is a Fourth Offense and the offense is within 15 years of the most recent previous, it is a lifetime revocation (and no eligibility for an occupational license for 10 years) OWI causing injury — Up to two years OWI causing great bodily harm — Up to two years OWI causing death — Up to five years Chemical test refusal, first offense — Up to one year Chemical test refusal, second offense — Up to two years Chemical test refusal, third or subsequent offense — Up to three years Contact Our Eau Claire DUI Lawyer Call Cohen Law Offices today at (715) 514-5051 or contact us online if you were arrested for an OWI offense anywhere in the greater Eau Claire area. Our firm will provide an aggressive defense against your criminal charges and work to help you achieve the most favorable outcome to your case.

If you or a loved one find yourselves in a situation in Eau Claire where you need to understand the bail process, it's important to know how bail works and what steps you can take to manage the process effectively. Here's a blog to help you work through the bail process in Eau Claire, providing you with the most information and tips. What is Bail? Bail is a set amount of money that acts as insurance between the court and the person accused of a crime. The defendant has the option to pay bail in exchange for their release, with the understanding that they will return for their court hearings and trial. If the defendant does not return, the bail amount is forfeited. Alternatively, a defendant may be given a “signature bond,” which requires no money to be paid in exchange for release from custody. Step 1: The Bail Hearing After an arrest in Eau Claire, the defendant will have a bail hearing, typically within 48 hours. During this hearing, a judge will determine whether the defendant is eligible for bail and at what amount. Factors influencing this decision include the severity of the crime, previous criminal history, the defendant's ties to the Eau Claire community, and whether the defendant is considered a flight risk. Step 2: Posting Bail If bail is set, there are several ways to post it: Cash Bail: The bail amount can be paid in full with cash, check, or sometimes a credit card directly to the court. Signature Bond: In some cases, a person will not be required to pay for their release. They will instead be required to sign a promise to follow any conditions of release ordered by the court. Step 3: Release Conditions Upon posting bail, the defendant will be released from jail but may have to agree to certain conditions, such as not leaving Eau Claire or avoiding contact with specific people. Step 4: Court Appearances The defendant must attend all required court appearances. Failure to appear can result in the forfeiture of the bail paid, the issuance of a warrant for arrest, and potentially more severe penalties. Tips for Managing the Bail Process Understand the Conditions: Make sure you fully understand the bail conditions to avoid violations. Keep Documentation: Keep copies of all documents and receipts related to the bail process. Stay Informed: Keep track of court dates and requirements to ensure compliance with all conditions of release. Legal Representation: Consider hiring a criminal defense attorney to help navigate the legal system and potentially work on getting the bail amount reduced. Call Us Today to Speak with a Criminal Defense Lawyer in Eau Claire Navigating the bail process in Eau Claire requires understanding the steps involved and ensuring compliance with all court conditions. By following this guide and seeking advice from a criminal defense lawyer at Cohen Law Offices, you can manage the bail process more effectively. Reach out to Cohen Law Offices at (715) 514-5051 today.

Juvenile Justice System in Wisconsin The juvenile justice system in Wisconsin is designed with the recognition that juveniles and adults are fundamentally different, especially in their capacity for rehabilitation. This system focuses on rehabilitation and education rather than punishment alone. Here's an overview of how the juvenile system differs from adult courts and what parents in Eau Claire and the Chippewa Valley should know. Focus on Rehabilitation The Wisconsin juvenile justice system emphasizes rehabilitating young offenders. This approach is based on the understanding that youths have a greater capacity for change, and the goal is to guide them toward becoming responsible adults. Privacy Protections Juvenile proceedings are generally not public in the same way adult trials are. This privacy aims to protect the youth's future, minimizing the impact of their mistakes on their later life. Informal Proceedings The process in juvenile courts is more informal compared to adult courts. There's a stronger emphasis on dialogue and understanding the root causes of the juvenile's behavior. Sentencing Options Sentencing for juveniles focuses on education, community service, and rehabilitation programs rather than incarceration. When detention is deemed necessary, it's usually in a facility designed for youths, which focuses on education and rehabilitation. Early Intervention Is Key Engaging with the system at the earliest opportunity can significantly affect the outcome. Parents are encouraged to seek legal representation for their children immediately upon their detainment or accusation. Parental Involvement The juvenile system in Wisconsin often involves parents in the rehabilitation process, recognizing the crucial role they play in their child's development and the importance of a supportive home environment. Potential for Sealing Records Unlike adult criminal records, juvenile records can often be sealed or expunged, meaning they won't permanently affect the child's future opportunities for education and employment. Wisconsin law stipulates that juveniles found delinquent can petition the court to expunge their records upon reaching 17 years of age, provided it was their first offense, they've complied with all sentencing terms, and the expungement is deemed beneficial for them without harming society​. Expungement in Wisconsin means completely clearing the records from public view, including removal from the Wisconsin Circuit Court Access (WCCA) website. Sealed records, however, are made confidential but not erased. Expungement in Wisconsin applies only within the court system. Other government repositories might still retain records of expunged crimes, potentially affecting background checks​​. Rights and Responsibilities Juveniles have many of the same legal rights as adults, including the right to an attorney and the right to remain silent. However, there are differences in how these rights are applied. Disposition vs. Sentencing: In the adult system, a conviction leads to sentencing, where penalties like fines, probation, and jail time are determined. Conversely, the juvenile system focuses on a disposition that aims at the rehabilitation of the youth rather than punishment​​. Open vs. Closed Hearings: Adult court hearings are public, allowing anyone to attend. Juvenile hearings, however, are typically closed to protect the minor's privacy, usually only allowing the child, their family, lawyers, and probation officers in the courtroom​​. Rehabilitation Focus: The juvenile system emphasizes rehabilitating the young offender to prevent future crimes. This contrasts with the adult system, where the focus is more on punishment and deterrence​​​​. Use of Juries: Unlike adult trials, where the defendant has the right to a jury, juvenile cases are decided by a judge alone, who acts as the fact-finder​​. Involuntary Commitment: While adults can only be involuntarily committed if they have mental health disorders and pose a danger, juveniles may be involuntarily placed in detention centers if deemed necessary for public safety or their own rehabilitation​​. Legal Representation and Family Involvement: In juvenile cases, the attorney often interacts not just with the minor but also with their family, reflecting the system's broader approach to addressing the needs of the youth within their familial context​​. Call Us Today to Speak to an Eau Claire Criminal Defense Lawyer Professional legal representation from Cohen Law Offices can help protect the juvenile's rights, advocate for the least restrictive measures, and seek opportunities for rehabilitation. Contact Cohen Law Offices at (715) 514-5051 for a consultation to discuss how we can assist you in navigating your legal challenges with confidence and professionalism.

The state may seek to involuntarily commit a prisoner who has a mental illness that needs treatment. But can the state also medicate an inmate against their will without proving that the inmate poses a danger to themselves or others? Why Would the State Seek to Involuntarily Medicate a Criminal Defendant or an Inmate? The government might file a motion to obtain court approval to involuntarily medicate a criminal defendant or a prison inmate for several reasons, such as: Restoring a criminal defendant to competency: A trial court may deem a defendant not competent to stand trial if they have a mental illness that prevents them from appreciating the nature of court proceedings or assisting their defense attorney with preparing and presenting a defense. The government may request to involuntarily medicate the defendant if medication would treat the symptoms of their mental illness and restore them to competency to stand trial. A detainee or inmate poses a danger to themselves or others: A pretrial detainee’s or prison inmate’s mental illness might make them violent or suicidal and pose a risk of injury to themselves, other inmates, or correctional facility staff. A detainee's or inmate's mental illness has resulted in their involuntary commitment: The state may seek an order authorizing involuntary medication when such medication would help treat a detainee's or prisoner's mental illness that resulted in their involuntary commitment. Can the Court Order Involuntary Medication Without Finding a Defendant or Inmate Dangerous? Any patient, including a pretrial detainee or a prisoner, has the right to refuse medication or medical treatment, except when a court orders the involuntary administration of medication or treatment or when necessary to prevent severe physical harm to the patient or others. A court can order involuntary medication for an individual the court finds not competent to make an informed decision to refuse treatment. Courts can involuntarily commit both inmates and non-inmates when the state proves that an individual has a mental illness and needs treatment. However, while the law also requires the state to prove dangerousness to secure a non-inmate's involuntary commitment, the state does not have to prove dangerousness for an inmate. The Wisconsin Supreme Court evaluated the constitutionality of the state’s involuntary medication statute, which permitted the involuntary medication of an involuntarily committed person based on that person’s incompetence to refuse medication. The supreme court noted that while involuntary commitment of a non-inmate required a finding of dangerousness, that requirement did not apply to involuntarily committed inmates. Thus, the supreme court found the statute unconstitutional because the state did not have an overriding legitimate interest in involuntarily medicating someone whom a court has not deemed a danger to themselves or others. Contact a Criminal Defense Attorney Today If the government has filed a motion to medicate you during your pretrial detention or incarceration involuntarily, you need dedicated legal representation to defend your rights. Call Cohen Law Offices today at (715) 333-3782 for a confidential consultation with a seasoned criminal defense attorney to discuss your legal options.

When facing criminal sentencing, a defendant may wonder what factors the trial court will consider in deciding the sentence. In particular, can the court consider sentences imposed in similar cases when deciding a defendant's sentence? Statutory Factors That Courts Consider During Sentencing In Wisconsin, courts must consider three primary factors in exercising their sentencing discretion: the gravity of the offense, the defendant’s character and rehabilitative needs, and the need for protection of the public. In considering those three factors, courts may also evaluate other circumstances, such as: Whether the crime involved vicious or aggravated conduct The defendant’s criminal record Whether the defendant has a history of undesirable behavior The defendant’s personality, character, and social traits The results of the defendant’s pre-sentence investigation The degree of the defendant’s culpability The defendant’s demeanor or behavior at trial The defendant’s age, education, and employment history Whether the defendant has demonstrated genuine remorse for their crime The defendant’s cooperation with law enforcement and prosecutors The length of the defendant’s pre-trial detention The defendant’s need for rehabilitative control The rights of the public Sentencing Guidelines Wisconsin law establishes guidelines for the length of sentences that state courts can impose for a criminal conviction. For felonies, courts typically must impose a term of imprisonment of at least one year, with the maximum permissible prison term depending on the class of felony. However, the legislature has set different minimum and maximum prison terms for specific crimes. Sentencing maximums may also increase due to aggravating factors, such as repeat offenses, domestic abuse offenses, offenses against vulnerable adults, hate crimes, violent crimes in school zones, or crimes involving offenses. The law also requires courts to impose a term of extended supervision, which must last for at least 25 percent of the length of the prison term. Can Courts Refer to Other Cases in Fashioning a Sentence? In a recent case, a criminal defendant challenged the trial court's decision to consult files from comparable criminal cases in determining the defendant's sentence. The Wisconsin Supreme Court concluded that using such information did not violate the defendant's due process rights, noting that due process merely guaranteed that a trial court would sentence a defendant based on reliable information and would disclose the reasons for and objectives of the sentence. The supreme court held that a sentencing court could conduct a broad inquiry in determining a defendant's sentence, including considering the sentences imposed in other cases since referring to such information would promote the policy goal of consistency and uniformity in sentencing. The supreme court further held that sentencing courts were not obligated to provide parties with advance notice that the court would refer to the sentencing details of other cases, regardless of whether the trial judge merely referred to their own memories or read files. Contact a Criminal Defense Attorney Today Having experienced legal representation can help you obtain a favorable outcome during sentencing. Call Cohen Law Offices today at (715) 514-5051 for a consultation with a knowledgeable Wisconsin criminal defense lawyer about the sentencing process and to learn what factors courts use to determine a sentence.

In some criminal cases, disputes arise over the admissibility of an out-of-court identification that a witness made using social media photos or videos of the defendant. The Wisconsin Supreme Court recently clarified the standards trial courts should use in ruling on the admissibility of such identifications. The Rise of Social Media in Criminal Prosecutions Traditionally, law enforcement officers have relied on "mugshot" photos of criminal suspects to show to eyewitnesses to identify the perpetrator of a crime under investigation. However, investigators and prosecutors have increasingly relied on social media photos of criminal suspects as part of identification efforts. Officers can have eyewitnesses identify criminal suspects through a photo array, where police show a witness multiple photographs of similar-looking individuals and ask if the witness can identify any of the photos as the perpetrator. Alternatively, officers may use a single-photo identification method, showing a witness a single photograph of an individual and asking them if the person in the photo committed the crime. Both identification methods suffer from inherent suggestibility. However, other circumstances can enhance the reliability of a witness's identification, such as the witness's opportunity to view the suspect, the time between the crime and the identification, and the witness's certainty in their identification. Protecting Your Privacy on Social Media Today, law enforcement frequently uses social media photos of criminal suspects as part of their investigation and subsequent prosecution. Officers may use social media photos or videos to facilitate eyewitness identification. Prosecutors might submit a defendant’s social media photos or videos into evidence at trial, such as a photo of the defendant holding the same model of firearm used in a crime. People can take steps to protect their privacy on social media, including using each platform's privacy settings to limit access to their profile and posts to friends and family. Individuals should also exercise caution when receiving connection requests from people they do not know, as that request may have come from an investigator trying to access their profile. The Admissibility of a Social Media Identification The Wisconsin Supreme Court recently decided a case involving the admissibility of witness identification testimony based on an out-of-court identification using a single photo of the defendant from Facebook. The court affirmed the long-standing principle that a trial court can admit an identification made from a single social media photograph if the facts support the reliability of the identification. While the supreme court acknowledged the suggestibility of using a single photograph, social media photos tend to be less suggestive than mugshots, which weighs in favor of admitting into evidence an identification made using a social media photo. Contact a Criminal Defense Lawyer Today When facing a criminal prosecution where identity has become one of the critical issues, you need experienced legal counsel to protect your rights against improper identification or inadmissible evidence. Call Cohen Law Offices today at (715) 514-5051 for a confidential case evaluation to discuss how an Eau Claire criminal defense attorney can help you prepare a compelling defense strategy.

Under the Fourth Amendment, you have legal protections against searches, seizure of property, and arrest by law enforcement officers or government officials, including a requirement for officers to obtain warrants. However, police can conduct warrantless searches and seizures under specific circumstances. Your Protections Under the Fourth Amendment The Fourth Amendment to the U.S. Constitution grants citizens two critical rights. These rights include the privilege against unreasonable searches and seizures by government officials and the requirement that courts must find probable cause, supported by the affidavit of law enforcement, to issue a warrant describing the place(s) to search and the items or persons that law enforcement will seize. The Warrant Requirement The Fourth Amendment typically requires law enforcement and government agents to apply for a warrant before searching or arresting someone. To obtain a warrant, the police must provide sufficient facts and evidence to convince a judge that probable cause exists to support a search or arrest. The warrant requirement ensures that a neutral judicial officer, rather than a law enforcement officer engaged in investigating crime, determines that probable cause exists to intrude upon a person's privacy and freedom with a search or seizure. Exceptions Authorizing Warrantless Searches and Seizures However, courts have recognized that not every search and seizure requires law enforcement to apply for a warrant. Various legal exceptions permit warrantless searches. Some of the most common examples of these exceptions include: Consent search: Police do not need a warrant to search a container, vehicle, or home if they obtain consent to a search from the owner or an adult lawfully residing in the home. Plain view: When officers notice contraband or apparent evidence of criminal activity in plain view in a vehicle or home while the officer stands at a lawful place (such as outside a motorist’s car window or from the public sidewalk adjacent to a residence), they may have probable cause to search the vehicle or home. Search incident to arrest: After police arrest someone, they can search that individual to secure items, such as evidence the individual may attempt to destroy or weapons the individual might use to harm officers or facilitate an escape. Community caretaker doctrine: Officers can perform public functions other than their criminal investigation and law enforcement roles, such as rendering first aid, providing counseling, or ensuring public safety. Any searches or seizures that occur while the police are acting outside their law enforcement function may not run afoul of the limitations of the Fourth Amendment. Vehicle exception: Officers may search vehicles without a warrant if they have probable cause to believe a vehicle may contain contraband or evidence of a crime because the mobile nature of a vehicle means such evidence may disappear or get destroyed before the police can secure a warrant. Stop and frisk: The police can briefly detain a person they reasonably suspect has engaged in criminal conduct to question the individual or perform a brief investigation. Officers may pat down or frisk the individual to check for weapons that may pose a threat to the officers’ safety. Contact a Criminal Defense Attorney Today When the police have subjected you to an unreasonable warrantless search and seizure, you have options for vindicating your Fourth Amendment rights. Call Cohen Law Offices today at (715) 514-5051 for a confidential consultation with an experienced Wisconsin criminal defense lawyer to discuss your charges and learn more about your rights under the criminal justice system.