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Juvenile Delinquency in Chippewa County, WI

Mon, 20 Apr 2026 20:18:12 GMT

Juvenile Delinquency in Chippewa County, Wisconsin

What Families Need to Know About the Juvenile Court Process

When a minor is accused of delinquent behavior in Chippewa County, Wisconsin, the situation can be overwhelming for families. Juvenile cases are handled in a specialized court system designed to address accountability while focusing on rehabilitation and community support.

Even though the juvenile system is different from adult criminal court, the consequences of a delinquency finding can still have a lasting impact on a young person’s future.

What Is Juvenile Delinquency in Wisconsin?

In Wisconsin, juvenile delinquency refers to conduct by a minor (typically ages 10–16) that would be considered a crime if committed by an adult.

In Chippewa County, juvenile matters are processed through the juvenile justice system under Wisconsin’s Juvenile Justice Code.

Common examples of delinquent conduct include:

Theft or shoplifting
Disorderly conduct or fighting
Drug or alcohol-related offenses
Vandalism or property damage
Assault-related allegations
Weapons-related offenses

These cases are handled separately from adult criminal cases and are generally confidential.

How Juvenile Cases Begin in Chippewa County

Most juvenile cases begin with a referral from:

Law enforcement
Schools
Parents or guardians

Once a referral is made, the Chippewa County Juvenile Intake Office reviews the matter and determines how the case should proceed.

The intake process may include:

Reviewing whether the court has jurisdiction
Meeting with the juvenile and family
Assessing the circumstances of the alleged offense
Evaluating available community-based services
Deciding whether to dismiss, divert, or formally refer the case to court

Juvenile Court Process in Chippewa County

If a case proceeds to formal juvenile court, the system focuses on both accountability and rehabilitation.

Typical steps may include:

Intake review and assessment
Filing of a juvenile delinquency petition
Court hearings before a judge
Review of evidence and legal arguments
Dispositional (sentencing) hearing if the juvenile is found delinquent

Throughout the process, the court may consider school performance, family circumstances, mental health, and substance use when determining outcomes.

Possible Outcomes in Juvenile Delinquency Cases

Depending on the severity of the allegations and prior history, possible court outcomes may include:

Formal supervision (probation)
Counseling or treatment programs
Community service requirements
Restitution to victims
Structured diversion programs
Placement outside the home in more serious cases

The goal of the juvenile system is to provide structure and intervention while promoting rehabilitation.

Why Early Legal Guidance Matters

Even though juvenile cases are not treated the same as adult criminal cases, early decisions can significantly affect the outcome.

Legal representation can help:

Protect the juvenile’s rights during questioning and hearings
Ensure proper handling of evidence and procedures
Communicate with the court and intake officers
Evaluate diversion or alternative resolution options
Work to reduce long-term impact on the child’s record

Early involvement often provides more options for resolving the case in a favorable way.

Long-Term Consequences of Juvenile Cases

While juvenile records are generally more protected than adult criminal records, they can still have long-term effects, including:

College admissions challenges
Employment background concerns
Military eligibility issues
Licensing or professional barriers in some fields
Loss of rights to possess firearms
Sex offender registration

In some cases, juvenile records may later be eligible for sealing or expungement, depending on the outcome and eligibility requirements.

Juvenile Delinquency Defense in Chippewa County, WI

Cohen Law Offices represents juveniles and families facing delinquency allegations in Chippewa County and surrounding areas . The firm is focused on guiding families through the juvenile court process and working to protect a young person’s future through careful legal advocacy. Contact us today for a free consultation!

Behind the Scenes of a DUI Defense in Menomonie, WI

Wed, 18 Feb 2026 15:28:28 GMT

Facing a DUI in Menomonie, WI, can feel overwhelming, as the legal and personal consequences of a Wisconsin OWI conviction are significant and far-reaching. Contact us today at 715-514-5051 to speak with Cohen Law Offices while serving the Menomonie, WI area, so you can receive professional guidance and protect your rights before any decisions are made.

Even a first-time DUI carries mandatory penalties, including license revocation, heavy fines, and possible jail time. Beyond these immediate legal ramifications, a DUI can have lasting effects on insurance rates, employment opportunities, and personal freedom. The impact is not only legal but also personal, affecting your day-to-day life and future planning.

A drunk driving lawyer can help navigate these challenges by carefully reviewing your case, advising you on potential outcomes, and developing strategies that aim to protect your future and minimize penalties. Every detail, from the initial traffic stop to evidence collection, is scrutinized to ensure your rights are fully preserved.

How a Drunk Driving Lawyer Investigates Your Case Behind the Scenes

At Cohen Law Offices, every DUI in Menomonie, WI, is treated with meticulous attention to detail, as even minor procedural errors by law enforcement can influence the outcome of your case. Lawyers investigate every aspect of your arrest, from the traffic stop to the administration of field sobriety tests and breathalyzer or blood testing procedures.

Field sobriety tests can be influenced by environmental conditions, such as uneven pavement, poor lighting, or inclement weather. A drunk driving lawyer evaluates whether the testing conditions were appropriate and whether any mistakes could have affected the accuracy of the results.

Similarly, chemical testing devices, including breathalyzers, must be properly maintained and calibrated to meet legal standards. Lawyers from Cohen Law Offices review maintenance logs, calibration records, and testing procedures to identify any discrepancies that could be challenged in court. This level of detail ensures your defense is thorough and proactive.

Understanding Field Sobriety and Chemical Testing

Field Sobriety Tests

Standardized field sobriety tests are designed to assess a driver’s impairment, but external factors and physical limitations can compromise their accuracy. A drunk driving lawyer examines whether testing was administered correctly and whether the conditions may have unfairly affected the results.

Breath and Blood Tests

Breath and blood tests are frequently central to DUI prosecutions, yet they rely on properly calibrated equipment and precise procedural adherence. Cohen Law Offices ensures that every aspect of testing is carefully reviewed, including whether officers followed state protocols and whether the equipment was functioning correctly.

Challenging errors or irregularities in testing can weaken the prosecution’s case and potentially reduce penalties or lead to a dismissal, highlighting the importance of experienced legal advocacy in every DUI case in Menomonie, WI.

The Trial-Ready Approach at Cohen Law Offices

Cohen Law Offices approaches each DUI case with a trial-ready mindset, meaning that every defense strategy is developed thoroughly in advance, regardless of whether the case is expected to settle outside of court. This proactive stance gives your drunk driving lawyer leverage in negotiations and ensures that you receive the strongest possible defense at every stage.

Being prepared for trial does not necessarily mean litigation is inevitable, but it ensures that your attorney is ready to present a compelling case if needed. This approach allows for effective negotiation while maintaining the ability to challenge the prosecution’s evidence comprehensively.

Clients benefit from lawyers who combine legal expertise, local knowledge, and attention to detail, creating a defense that not only addresses immediate legal concerns but also safeguards future personal and professional opportunities.

The Step-by-Step Process of a Professional DUI Defense

Initial Consultation and Case Review

During the first meeting, your drunk driving lawyer reviews every detail of your case, including the circumstances of your stop, sobriety tests, and any evidence collected. This comprehensive assessment helps identify weaknesses in the prosecution’s case and informs a strategic plan tailored to your specific situation.

Evidence Collection and Analysis

Lawyers gather all available evidence, including police reports, witness statements, and testing records. Each piece is analyzed for inconsistencies, procedural errors, and legal violations, ensuring no opportunity to challenge the case is overlooked.

Legal Strategy Development

A DUI defense strategy considers multiple angles, including procedural defenses, evidence challenges, and negotiation tactics. Cohen Law Offices prepares a trial-ready plan that can be adapted as the case progresses, giving you options to pursue the best possible outcome.

Court Representation

If your DUI case in Menomonie, WI, proceeds to trial, your drunk driving lawyer advocates aggressively on your behalf, cross-examining witnesses, presenting evidence, and protecting your rights throughout every courtroom proceeding. Learn more about our DUI defense services .

Protecting Your Future Beyond Legal Penalties

A DUI conviction can impact your personal and professional life for years, affecting employment prospects, insurance rates, and even future travel opportunities. Hiring a drunk driving lawyer ensures that you are guided through every step of the legal process to minimize these long-term consequences.

Cohen Law Offices assists clients in understanding Wisconsin OWI penalties and explores all legal options available, focusing on protecting personal freedoms, driving privileges, and professional standing. Early and strategic intervention significantly improves the chances of achieving favorable outcomes in any DUI case in Menomonie, WI.

Why Local Expertise Makes a Difference

Successfully defending a DUI in Menomonie, WI, requires knowledge of local courts, judges, and law enforcement practices. Cohen Law Offices leverages years of experience in the area to anticipate typical prosecution strategies and plan effective defense approaches.

This local insight allows a drunk driving lawyer to make informed decisions, challenge evidence effectively, and negotiate from a position of strength. Clients benefit from tailored legal strategies that reflect the nuances of Menomonie, WI DUI law.

Take Action and Protect Your Rights

Every DUI case deserves careful investigation, strategic planning, and a proactive trial-ready defense. Cohen Law Offices provides dedicated representation for anyone facing a DUI in Menomonie, WI, ensuring your rights and future are protected.

Call us at 715-514-5051 or send us a message now to schedule a consultation with a drunk driving lawyer and start building a strong defense today.

Why Planning for Court Is the Ultimate OWI Lawyer Defense

Fri, 09 Jan 2026 07:43:34 GMT

For anyone facing an OWI charge, the importance of finding an OWI lawyer serving Menomonie, WI, who will truly advocate for your interests cannot be understated. Cohen Law Offices stands out in Northwest Wisconsin for their commitment to preparing every single case with the assumption that it will ultimately see the inside of a courtroom. This perspective means your OWI defense lawyer approaches your defense from day one with powerful, relentless energy, always putting your best possible outcome at the forefront. With stakes this high, the mindset of your defense team matters as much as the legal strategies they employ.

Trial Preparation: The Foundation of OWI Defense

Trial lawyers take a unique approach that sets them apart from defense attorneys who may gravitate toward quick settlements. When you work with an OWI lawyer, the difference is in their thoroughness and dedication to trial preparation, regardless of how unlikely a courtroom appearance may seem at the outset.

Cohen Law Offices treats every OWI case as if it will be prosecuted to the full extent, leaving nothing to chance. Every element, from initial police contact to evidence collection and lab results, is combed for inconsistencies, procedural errors, and potential rights violations. This investigation gives your OWI lawyer the tools necessary to challenge the prosecution’s case at every turn, ensuring your rights are preserved and every possible avenue for dismissal or acquittal is pursued.

Staying Ahead of Prosecution Tactics

Prosecutors assume defendants will accept plea offers, especially in OWI cases. The average DUI attorney might lean toward negotiation rather than litigation. The trial mindset, however, requires your OWI defense lawyer to corner the government into proving every allegation with evidence that stands up to scrutiny.

Cohen Law Offices leverages this approach in Menomonie, WI, analyzing every report, video, and witness statement. By dissecting the prosecution’s case, your OWI lawyer can expose weak points and inconsistencies. Going to trial may seem intimidating, but an attorney who is ready for it brings fearlessness and confidence to negotiations. When the government knows your defense is prepared to fight, plea offers often become more favorable, if not unnecessary.

Dismantling the Evidence: Perception Versus Reality

In many OWI cases, the evidence against the accused seems overwhelming—blood alcohol results, officer testimony, and field sobriety tests . But a trial-ready OWI lawyer serving Menomonie, WI, recognizes that such “facts” are just pieces of a much larger puzzle. These details must be interpreted through the lens of constitutional rights, scientific standards, and procedural fairness.

Cohen Law Offices targets mistakes: Was the breathalyzer properly calibrated? Did the arresting officer follow every step of proper procedure? Was there reasonable suspicion to initiate the traffic stop? Each overlooked detail could be the linchpin that shifts a case in your favor, and it’s the job of your OWI lawyer to unearth these crucial points.

Relentless Advocacy for Life-Altering Allegations

No defense is complete without an aggressive advocate. OWI cases in Menomonie, WI, carry consequences far beyond fines and license loss. They could mean jail time, lost employment opportunities, and lasting damage to reputation. Cohen Law Offices takes on every OWI case with the seriousness it deserves, refusing to accept easy outcomes or quick solutions.

Their approach can only be described as refusing complacency. Your OWI lawyer’s role is to shoulder the burden of investigation, craft strategic legal defenses, and remain proactive as the prosecution seeks conviction. This spirit of advocacy is what sets Cohen Law Offices apart in Northwest Wisconsin, giving every client a genuine chance at justice.

Preparing Clients for the Courtroom Experience

Trial preparation isn’t just about dissecting facts and filing motions. It’s also about preparing the client for what lies ahead. An OWI lawyer must make sure you know what to expect, offering guidance for testimony, courtroom behavior, and public perception.

Cohen Law Offices invests in client preparation, so every individual feels empowered rather than intimidated. From understanding possible outcomes to rehearsing statements and managing stress, this holistic approach puts the defendant on stronger footing before a judge or jury ever hears a word.

Why the Trial Lawyer Mindset Matters

There is no substitute for thoroughness in OWI cases. By embracing a trial lawyer mindset, Cohen Law Offices offers the reassurance that your defense is crafted for the toughest fight, in or out of court. This strategic approach can mean the difference between a plea that haunts you for years or an acquittal that lets you start anew.

Even if your OWI case never goes to trial, this preparation instills confidence at every stage. Judges and prosecutors respect an OWI lawyer who takes the process seriously, resulting in fairer hearings and more balanced outcomes. The trial mindset is not about being combative; it’s about being ready.

Act Today With Cohen Law Offices, Trusted OWI Lawyer

If you or someone you care about is facing an OWI charge, the right legal representation is not just important—it’s essential. Cohen Law Offices, the OWI lawyer serving Menomonie, WI, brings a trial-focused mindset to every case, each step marked by meticulous preparation and powerful advocacy. Don’t settle for short-term solutions when your future is at stake. Call Cohen Law Offices now at (715) 514-5051 and find out how a trial-ready defense can make all the difference. Prepare today—defend your tomorrow.

How an OWI Lawyer in Hudson, WI, Builds Your Defense

Thu, 08 Jan 2026 15:51:19 GMT

Driving under the influence charges can be overwhelming and confusing, especially if it is your first experience with the legal system. Many individuals facing these charges do not realize that a strong legal strategy can significantly change the outcome of their case. Cohen Law Offices prides itself on being an OWI lawyer serving Hudson, WI. Their focus is on providing aggressive representation and building defenses tailored to the unique aspects of every case. If you find yourself searching for insights on defending against OWI charges in Hudson, WI, this article will break down the essential steps a skilled attorney takes to protect your rights.

Understanding the OWI Process in Hudson, WI

Facing an OWI charge is more than just dealing with police officers and paperwork. The legal process in Wisconsin is precise, and there are multiple stages from arrest to the conclusion of your case. The initial stop, field sobriety testing, and the use of breathalyzers all present unique challenges and opportunities for the defense.

A qualified OWI lawyer understands how local law enforcement in Hudson and across Wisconsin handles OWI arrests. They know the importance of scrutinizing every detail of your case, ensuring that any flaws in the process are brought to light. From the moment the traffic stop occurs, critical factors can determine how your OWI defense unfolds.

Common Weaknesses in OWI Cases

One of the first things a strategic defense attorney will review is the technical and procedural aspects of your OWI stop. There are several common weaknesses in OWI cases that an OWI lawyer serving Hudson, WI, will analyze:

Improperly Calibrated Breathalyzers

Law enforcement relies on breathalyzer machines to establish blood alcohol concentration (BAC) levels. These devices, however, require consistent calibration and maintenance. If records show that a device was overdue for calibration, or if the officer did not follow protocol in administering the test, the results may not be reliable. A successful challenge to the breathalyzer results can weaken the prosecution’s case significantly.

Flawed Field Sobriety Tests

Field sobriety tests are subjective and can be prone to human error. Physical disabilities, weather conditions, or even anxiety can affect your performance in these tests. An experienced OWI lawyer will review the officer’s report, body cam footage, and any available evidence to identify if the field sobriety test was conducted according to established guidelines or if other factors influenced the outcome.

Unlawful Traffic Stops

Were you pulled over for a legitimate reason? Law enforcement officers must have reasonable suspicion to initiate a traffic stop. If you were stopped without lawful cause, any evidence gathered during the stop could be challenged. Filing a motion to suppress unlawfully obtained evidence is a common and effective strategy a drunk driving attorney may pursue.

Pre-Trial Motions and Suppression of Evidence

Building a successful defense often involves challenging the prosecution’s case before the trial even begins. One powerful tool an OWI lawyer uses in Hudson, WI, is the pre-trial motion. These legal documents ask the court to exclude certain evidence from being introduced at trial, which can reshape the entire prosecution’s strategy.

For example, a motion to suppress may argue that the breathalyzer was used improperly or that law enforcement did not have probable cause to arrest you. If successful, critical evidence such as your BAC results or statements made during the traffic stop may be thrown out, making the prosecution’s job far more difficult.

Your attorney will also assess whether your Miranda rights were clearly communicated. If not, statements made during your arrest could be ruled inadmissible. Each case is different and warrants a careful, detail-oriented approach to ensure every available motion is pursued.

Navigating the Complex Wisconsin Administrative Process

If you are arrested for an OWI in Wisconsin, you face more than criminal penalties. The Wisconsin Department of Transportation (WisDOT) can move swiftly to suspend your driver’s license. Administrative hearings with WisDOT are a separate yet critical part of your defense. A dedicated drunk driving attorney in Hudson, WI, is indispensable for protecting your driving privileges during this process.

The administrative side of an OWI case moves quickly. If you do not act within a certain timeline, you may lose your opportunity to contest your license suspension. Your OWI lawyer will gather vital evidence for these hearings, cross-examine officers, and present compelling arguments to try to prevent or delay the suspension of your driving privileges. Understanding the nuances of WisDOT hearings can make a significant difference, and it is not something most people should attempt alone.

The Value of Local Experience in OWI Defense

Working with an attorney who regularly practices in the Hudson, WI, area means you have an advocate who understands not only the law but also the tendencies and expectations of local prosecutors and judges. Each jurisdiction can have subtle differences in how cases are managed. A seasoned OWI lawyer can anticipate how specific motions and arguments will be received, giving you an informed edge.

Moreover, relationships with local courts and experience with nearby law enforcement can help in negotiating plea deals, identifying diversionary programs, or arguing for alternative sentencing when appropriate. The right defense team will leave no stone unturned in their effort to secure the best outcome for you.

A Thoughtful, Rigorous Approach to Every Case

OWI cases are never “one size fits all.” There are countless factors that affect the trajectory of each case, from the initial police interaction to how evidence is managed and presented. The process is complex and emotionally taxing, making it essential to have an OWI lawyer who will stand with you from start to finish.

Cohen Law Offices has developed a reputation for thorough, thoughtful defense strategies tailored to the unique circumstances of each client. Their seasoned team brings both knowledge and determination to every stage of the OWI process, ensuring that your side of the story is heard clearly.

Take Control of Your Future With Cohen Law Offices

If you or a loved one is facing OWI charges, the decisions you make now can shape your life for years to come. The path forward does not need to be intimidating or uncertain. Work directly with an OWI lawyer serving Hudson, WI, from Cohen Law Offices, and gain a dedicated advocate who knows how to identify weak points in the prosecution’s case, file effective pre-trial motions, and help you navigate administrative complications with confidence. Call (715) 514-5051 today for personalized and determined legal representation that helps you protect your rights and your future.

OWI vs. Traffic Ticket: OWI Lawyer Handles Criminal Defense

Tue, 09 Dec 2025 17:09:31 GMT

Driving under the influence is a serious crime. For anyone facing charges, finding the right OWI lawyer in Eau Claire, WI, can determine whether your life will be altered permanently. Cohen Law Offices understands that an Operating While Intoxicated (OWI) charge isn’t like any other moving violation—it’s a life-changing criminal accusation. If you’re grappling with an OWI or DUI arrest, the difference between general legal assistance and dedicated criminal defense can mean everything. In this article, we’ll explore why an OWI should be treated as a criminal matter, discuss the wide-ranging consequences of an OWI conviction, and explain why our passionate, focused team at Cohen Law Offices is equipped to serve you.

OWI Charges: More Than Just a Traffic Ticket

Unlike a simple traffic citation, an OWI charge is a criminal accusation with consequences that go far beyond fines or points on your license. In the Eau Claire, WI, area, being charged with OWI can bring lifelong repercussions. While a speeding ticket may only momentarily inconvenience your day, an OWI conviction can drastically impact your future. Ready to learn more from Cohen Law Offices? Visit our DUI, DWI, and OWI page for details and expert guidance from our OWI lawyer.

License Loss and Driving Restrictions

A conviction nearly always leads to immediate suspension or revocation of your driving privileges. The inability to drive affects everyday life—commuting to work, taking children to school, running errands. Unlike losing a few points on your license, the administrative penalties accompanying an OWI can leave you dependent on others or spending significant money on taxis or rideshares.

Criminal Record and Employment Risks

Being found guilty of OWI means obtaining a criminal record, which can restrict job opportunities and professional licenses in Eau Claire, WI, and beyond. Many employers perform background checks and may see an OWI as a warning sign for risky or irresponsible behavior—potentially leading to job loss or inability to secure new work.

Financial Consequences

The costs associated with an OWI conviction don’t end with fines. Insurance rates in Eau Claire, WI, can spike dramatically. There may be mandatory educational classes, alcohol treatment, or ignition interlock device fees. You might spend thousands more per year, on top of court costs and missed work.

Why Handling OWI Defense Requires Focused OWI Lawyer Experience

General practice attorneys often offer a laundry list of legal services, from drafting a will to advising on real estate transactions. But when it comes to OWI defense, especially in Eau Claire, WI, the stakes are much higher, and the knowledge required is much deeper.

Understanding Legal Nuances

OWI laws are notoriously complicated. The statutes governing intoxicated driving frequently change, and interpreting them requires an ongoing, focused commitment to criminal defense. A general attorney who only occasionally defends OWI cases might not be well-versed in recent legal updates, potential constitutional defenses, or unique sentencing alternatives.

Complex Science Behind OWI Charges

OWI cases in Eau Claire, WI, rely not only on legal arguments but also on science. Breathalyzer accuracy, lab procedures, and police field sobriety tests can all be contested—but only if your OWI lawyer understands the science behind blood alcohol analysis, calibration, and human error.

Courtroom Experience Matters

Criminal defense attorneys with years of concentrated practice know the tendencies of prosecutors and judges operating in the Eau Claire, WI, area. They’re skilled in negotiating plea agreements, recognizing flaws in the prosecution’s case, and advocating for reduced or dismissed charges. Without focused experience, an attorney might miss crucial opportunities for your defense.

Long-Term Consequences of an OWI or DUI Conviction

An OWI conviction is not a minor setback—it’s a barrier that can define your future. Our OWI lawyer urges anyone facing a charge to understand the lingering dangers.

Restricted Travel and Mobility

With an OWI on your record, entering certain countries may be restricted. Your ability to move freely, travel for work, or visit family overseas can be jeopardized.

Educational Barriers

Students pursuing higher education could lose scholarships or face expulsion due to an OWI conviction. Educational institutions may suspend or expel students based on school policy.

Family, Relationships, and Community Standing

An OWI, unlike a traffic ticket, can affect your reputation in Eau Claire, WI. Friends, family, and community networks may view you differently, with lasting damage to relationships and trust.

Insurance Hurdles

As a secondary consequence, insurance carriers often hike premiums for those with OWIs. You may face ongoing financial burdens, with limited access to affordable auto coverage.

How Focused Criminal Defense Can Help Your Future

Understanding the critical difference between a general practice and a criminal defense-focused firm is vital for your future. Cohen Law Offices draws on more than 60 years of combined experience, dedicated exclusively to criminal defense—not traffic tickets, not real estate, not wills.

Proactive Case Strategy

A focused OWI lawyer will immediately investigate the details of your charge in Eau Claire, WI. From scrutinizing officer reports to reviewing breathalyzer calibration records, every procedural detail is critical.

Challenging Evidence Effectively

With in-depth familiarity of OWI defense, your attorney understands which pieces of evidence can—and should—be challenged in court. Was the breath test administered correctly? Did law enforcement follow protocol? These are vital questions for anyone accused.

Preserving Your Legal Rights

Any criminal charge, especially an OWI, brings the risk of lost rights. The right OWI lawyer will defend against improper police searches, unconstitutional stops, and errors in procedure that can make or break your case.

Negotiating Sentences

Sentencing alternatives or reductions are only possible when your lawyer knows what’s available in Eau Claire, WI, courts. With experience comes the ability to spot these chances for lenience or dismissal.

Why Our Firm Chooses Criminal Defense

Cohen Law Offices isn’t distracted by the many complexities of general law practice. Serving Eau Claire, WI, our OWI lawyer believes the most effective way to protect your future is to focus exclusively on criminal cases.

Continuous Training and Learning

With a practice built solely on criminal defense , our attorneys are consistently seeking advanced training and keeping current with legal trends.

Community Connections Matter

By remaining rooted in criminal defense, Cohen Law Offices builds strong relationships with local courts, prosecutors, and law enforcement. These connections ensure our team knows how best to advocate for your interests.

Real Results, Real Relief

Our long history operating in the Eau Claire, WI, area means we know what matters most to local clients—protecting rights, careers, and futures. We’re dedicated to seeing you move forward after an OWI incident.

Don’t Treat an OWI Like a Traffic Ticket—Act Now!

If you or someone you care about has been charged with OWI, you’re already aware this is far more than a simple citation. An OWI lawyer in Eau Claire, WI, can help protect every aspect of your life—your license, job, family, and future. Trust the focused criminal defense experience found at Cohen Law Offices and take the first step toward a strong defense. Call us at (715) 514-5051 to speak directly with an attorney who will fight for your rights. Don’t let an OWI determine your life’s direction—act today and protect your future.

5 Key Defenses Your OWI Lawyer in Hudson, WI, Can Use

Tue, 09 Dec 2025 15:23:18 GMT

Facing an OWI charge in Wisconsin can feel overwhelming—especially if you believe a failed breathalyzer test seals your fate. This misconception causes many to plead guilty without exploring their legal options. However, breathalyzer results are not infallible, and Wisconsin law provides multiple avenues for defense. An experienced OWI lawyer that residents trust knows that every case contains potential weaknesses the prosecution may overlook. By challenging evidence, procedure, and legality, a skilled attorney can achieve charge reductions or even full dismissals. If you’ve been arrested for operating while intoxicated in Hudson, you need a defense grounded in law—not assumption.

These are 5 key defenses your OWI lawyer can use for your case:

1. Challenging the Legality of the Traffic Stop

Every OWI case begins with a traffic stop—and not all stops are lawful. Under the Fourth Amendment of the U.S. Constitution, police must have reasonable suspicion to initiate a stop. This means more than a “gut feeling”; they must articulate specific, observable facts suggesting a traffic violation or criminal activity. Common pretexts include minor infractions like an expired registration or a broken tail light—but even these must be legitimate.

If the officer lacked reasonable suspicion, the stop is deemed unconstitutional. Any evidence obtained afterward—including field sobriety tests, breathalyzer results, or even admissions—may be excluded under the “fruit of the poisonous tree” doctrine. An OWI lawyer in Hudson, WI, will request dashcam footage, review the officer’s written report, and examine whether the stop complied with legal standards. In many cases, suppression of key evidence leads to dismissal. This defense doesn’t require proving innocence—it only requires proving the state overstepped its authority.

2. Questioning Breathalyzer Accuracy and Calibration

Breathalyzer devices are scientific instruments, but they are far from perfect. In Wisconsin, the Intoximeter EC/IR II is the primary device used, and it must be maintained according to strict Department of Transportation protocols. Calibration logs must be current, and officers must be certified to operate the machine. Even minor deviations—such as improper mouthpiece use or failure to observe the subject for 20 minutes before testing—can invalidate results.

Moreover, physiological factors like acid reflux, diabetes, or recent use of mouthwash can produce falsely high readings. An OWI lawyer will subpoena maintenance records, operator credentials, and the device’s error history. If the state cannot prove the breathalyzer was functioning within acceptable tolerances, the reading loses evidentiary weight. This technical defense often forces prosecutors to reconsider the strength of their case—or abandon it altogether.

3. Analyzing Field Sobriety Test Administration

Field sobriety tests (FSTs) are notoriously subjective. The three standardized tests—the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand—are only admissible if administered precisely as trained by the National Highway Traffic Safety Administration (NHTSA). Officers frequently deviate from protocol: giving unclear instructions, failing to demonstrate tasks, or conducting tests on uneven or sloped surfaces.

An OWI lawyer in Hudson, WI, will obtain body-worn camera footage to assess whether the officer followed proper procedure. Even minor errors can render the tests inadmissible. Additionally, health conditions like vertigo, obesity, or neurological disorders can impair performance unrelated to intoxication. Challenging the validity of FSTs undermines the prosecution’s narrative of impairment and creates reasonable doubt.

4. Investigating Rising Blood Alcohol Concentration (BAC)

Alcohol absorption is not instantaneous. After consumption, BAC rises over time—typically peaking 30 to 90 minutes later. If you were stopped shortly after finishing a drink, your BAC while driving may have been under the legal limit of 0.08%, even if it registered higher at the police station. This is known as the “rising BAC” defense.

Reconstructing your timeline—when you drank, what you consumed, when you left the establishment, and when the test occurred—is critical. A drunk driving lawyer may consult forensic toxicologists to model your likely BAC curve. This scientific approach can demonstrate that you were not legally impaired at the time of operation, even if you tested over the limit later. Wisconsin courts recognize this defense from experienced OWI lawyers , and it has led to acquittals in numerous cases.

5. Preparing Every Case for Trial

Many attorneys treat OWI cases as administrative matters, encouraging quick guilty pleas to avoid court. But a trial-ready OWI lawyer in Hudson, WI, understands that prosecutors respect cases built for litigation. From the outset, such attorneys preserve evidence, file motions to suppress, and interview witnesses. They don’t wait for the state to dictate terms—they force the state to prove every element beyond a reasonable doubt.

This proactive stance often yields better outcomes: reduced charges (e.g., to reckless driving), alternative sentencing, or full dismissal. Even if a case doesn’t go to trial, the preparation itself strengthens negotiation leverage.

Your Defense Begins With the Right Representation

A breathalyzer result is just one piece of evidence—and often a flawed one. The real strength of your defense lies in procedural scrutiny, scientific critique, and constitutional protections. Whether it’s challenging an unlawful stop, exposing breathalyzer errors, or leveraging the rising BAC theory, an OWI lawyer can uncover paths to a favorable resolution that you may not see on your own.

Don’t accept guilt based on a machine’s output or an officer’s assumption. You deserve a defense that examines every detail, questions every assumption, and fights for your future. If you’re facing OWI charges in Hudson, WI, contact Cohen Law Offices . Our OWI lawyer team provides aggressive, knowledgeable representation tailored to your case—and committed to the best possible outcome.

Charged With an OWI? An OWI Lawyer Is the First Step

Tue, 28 Oct 2025 09:20:47 GMT

If you were arrested on suspicion of drunk or impaired driving, your next decisions matter. An OWI arrest is stressful, and uncertainty can lead to costly missteps. The fastest way to steady the situation is to stay calm, stay quiet, and get informed. An OWI lawyer serving Hudson, WI, from Cohen Law Offices can help you understand the process, protect your rights, and start building a defense from the beginning.

Start With Silence: Protect Your Case From the First Minute

The first minutes after contact with law enforcement can set the tone for your entire case. Remember that anything you say can be used against you, and you have no obligation to explain yourself without a counsel present. An OWI lawyer helps you avoid statements that may be misinterpreted or taken out of context. You can provide license and registration, but when questions turn to where you were, what you drank, or how you feel, politely assert your right to remain silent and your request to speak with an attorney.

Officers may be friendly or firm, but they are gathering evidence. Declining to answer questions without counsel is lawful and wise. You do not have to perform voluntary field drunk driving tests if they are requested, and you can ask if you are free to leave. If you are arrested, continue to be respectful and quiet. The goal is simple: do not create new evidence against yourself while you are under stress.

What to Expect During and After an OWI Arrest

Once you are arrested, you will likely be taken for breath or blood testing to measure alcohol or controlled substances. The testing process, machine maintenance, chain of custody, timing, and medical factors can all matter later. An OWI lawyer will look closely at each of these points to determine whether the evidence is reliable and admissible.

In Wisconsin, administrative license actions can start quickly. If you refused a chemical test or tested over the limit, you may receive notice of an impending suspension. There are short deadlines—often just days—to request administrative review. Missing those deadlines can mean automatic restrictions on your driving privileges. Early contact with an OWI attorney helps you track and meet these deadlines, preserving the opportunity to contest a suspension and keep working, caring for family, and meeting obligations.

Court appearances usually begin with an initial appearance, followed by pretrial conferences. The prosecutor will review police reports, test results, and other evidence. A defense attorney evaluates whether the stop was lawful, whether field tests were conducted correctly, and whether any constitutional violations occurred. With an OWI lawyer guiding you, you’ll know what to expect at each step and what options are available.

Common Mistakes That Can Undermine Your Defense

This section outlines missteps that often cause more problems than the arrest itself. Avoid them if possible.

Talking to Police Without Counsel: Volunteering details about your evening, medical conditions, or activities can seem harmless, but small details can be used to support probable cause or argue impairment. Speaking with an OWI defense lawyer for Hudson, WI, before any conversation is the safer path.

Posting on Social Media: Sharing photos or comments about the night can be discovered and misinterpreted. When in doubt, don’t post. An OWI lawyer will remind you that silence extends to online platforms too.

Ignoring Paperwork or Deadlines: Administrative hearings and court notices come fast. Put every document in one place and calendar the deadlines. An OWI defense attorney can ensure you request hearings on time and avoid automatic suspensions.

Assuming The Case Is “Open-And-Shut”: Breath and blood tests are not infallible. Medical issues, diet, timing, and instrument calibration matter. Field sobriety tests can be influenced by weather, footwear, nerves, and medical conditions. An OWI lawyer evaluates each element to identify reasonable challenges.

Driving Against Restrictions: If conditions are placed on your license, violating them triggers new problems. Confirm your status before you drive, and ask counsel if you are unsure. Taking a cautious approach protects your case and keeps you in compliance.

Act Fast: Time-Sensitive Steps That Strengthen Your Defense

Acting quickly after an arrest can help preserve evidence and options. Here are practical steps you can take right away.

Preserve Evidence: Save receipts, text messages, rideshare records, and photographs from the day and evening. These can show timelines, consumption, or alternative explanations. Share them with your attorney. An OWI lawyer can use these materials to clarify the narrative and challenge assumptions.

Document Your Health: If you have medical conditions, injuries, or balance issues, write them down and consider seeing a medical professional. These facts may explain performance on field tests or influence blood alcohol absorption and elimination.

Identify Witnesses: Friends, servers, or family who saw you that day could provide helpful context. Collect names and contact information, but do not coach or pressure anyone. Your attorney knows how to approach witnesses appropriately.

Track Deadlines: Note dates for administrative hearings and court appearances immediately. Missing a deadline can limit your options. A prompt meeting with an OWI lawyer helps you stay organized and proactive.

How an OWI Lawyer Builds a Case From Day One

A successful defense starts with careful review and immediate action. From the moment you call, your attorney looks at how the stop occurred, what the officer observed, and whether procedures were followed. An operating while intoxicated attorney in Hudson, WI, examines the dashcam or bodycam footage, the basis for the stop, the instructions for field tests, and how the breath or blood sample was collected and processed.

Evidence analysis includes:

The Stop: Was there a legitimate reason to stop your vehicle? Lane deviation, equipment issues, or erratic driving must meet legal standards. If the stop was not lawful, the resulting evidence may be suppressed. An OWI lawyer will scrutinize the report and video for inconsistencies.

Field Sobriety Tests: These tests have specific protocols and are affected by fatigue, footwear, weather, and medical conditions. The way an officer explains and demonstrates each test matters. An OWI attorney checks for deviations from standardized procedures that could undermine reliability.

Chemical Testing: Breath machines require calibration and certified operation. Blood draws involve chain-of-custody, lab protocols, and proper preservation. An OWI lawyer serving Hudson, WI, can identify issues with timing, contamination, or storage that impact results.

Statements: Anything you said before or after arrest must be examined for Miranda compliance and voluntariness. If rights were violated, statements may be challenged. An OWI defense lawyer addresses these issues early, shaping negotiations and motions.

With this foundation, the defense can pursue motions, negotiate with the prosecutor, and prepare for trial if necessary. Working with an OWI lawyer ensures you understand the strategy, the risks, and the likely outcomes, so you can make informed decisions.

H ave questions after an OWI or criminal charge? Get clear, straightforward answers and next steps in our FAQ .

Take Your Next Defense Step With Confidence

When you are charged, every decision can affect your future. Calm focus, prompt action, and smart guidance make a real difference. Keep conversations limited, protect your rights, and seek counsel quickly. The sooner an attorney is involved, the more time there is to preserve evidence, meet deadlines, and build a strategy that reflects your life, your work, and your obligations.

If you’re facing this situation, don’t wait. Call an OWI lawyer serving Hudson, WI, at Cohen Law Offices for immediate guidance. We are ready to step in, answer your questions, and help you move forward. Call now at (715) 514-5051 to start protecting your rights and begin building a defense from day one.

Defending the Accused in Child Sexual Assault Cases in Eau Claire County, WI

Thu, 09 Oct 2025 17:40:33 GMT

Child sexual assault charges in Eau Claire County, WI, are among the most serious and emotionally charged cases in the justice system. These allegations can change lives instantly—impacting reputations, families, and futures even before the facts are fully known. At Cohen Law Offices LLC, we understand the weight of these accusations and the importance of ensuring that every individual accused of a crime receives a fair, thorough, and just defense.

The Reality of These Cases

When someone is accused of child sexual assault, the consequences are severe—both legally and personally. Even before a verdict is reached, defendants can face public judgment, loss of employment, strained relationships, and long-term social stigma. Our justice system is built on the presumption of innocence, yet that principle can feel lost in the court of public opinion.

That’s why having an experienced, steady legal advocate on your side is essential. Our attorneys ensure your rights are protected, your story is heard, and every piece of evidence is examined with care and precision.

Understanding the Legal Landscape in Eau Claire County

Wisconsin law takes child sexual assault allegations extremely seriously, and the prosecution of these cases can be aggressive. Navigating this complex legal process requires both legal expertise and emotional resilience. Defendants and their families often find themselves overwhelmed by confusing terminology, lengthy procedures, and the fear of what comes next.

At Cohen Law Offices LLC, we guide clients through every stage of the process—from investigation to trial—explaining what to expect and preparing the strongest possible defense. We believe in transparency, communication, and unwavering advocacy for your rights.

How Cohen Law Offices LLC Can Help

Our attorneys at Cohen Law Offices LLC have extensive experience defending individuals accused of child sexual assault and related offenses in Eau Claire County. We approach every case with discretion, respect, and a commitment to justice.

We:

• Conduct thorough investigations to ensure all evidence is properly reviewed.

• Challenge improper procedures, unreliable witnesses, and unsupported claims.

• Provide honest, informed advice to help you make confident legal decisions.

• Stand by you in every hearing, negotiation, and courtroom appearance.

We recognize that these cases involve not only legal strategy but also a profound emotional impact. Our goal is to help you move forward with dignity, clarity, and strength—while ensuring your rights are fully protected at every step.

Protecting Rights. Pursuing Justice.

Everyone deserves a fair defense, regardless of the accusation. At Cohen Law Offices LLC, we fight to uphold that principle every day. Our attorneys are dedicated to ensuring that truth, fairness, and due process are never compromised in the pursuit of justice.

If you or someone you love has been accused of child sexual assault in Eau Claire County, WI, contact Cohen Law Offices LLC today. We’re here to listen, guide, and defend—because your rights matter.

How Do I Get Out of an OWI in Wisconsin?

Mon, 06 Oct 2025 20:28:34 GMT

If you've been arrested for OWI (Operating While Intoxicated) in Wisconsin, you're likely searching for ways to fight the charges and protect your future. At Cohen Law Offices in Eau Claire, we've successfully defended countless clients against OWI charges, and we understand the strategies that work. Here's what you need to know about defending yourself against an OWI in Wisconsin.

Understanding Your OWI Defense Options

While there's no guaranteed way to "get out of" an OWI charge, there are numerous defense strategies that can lead to reduced charges, dismissed cases, or not guilty verdicts. The key is having experienced legal representation that knows how to identify weaknesses in the prosecution's case.

Common OWI Defense Strategies

1. Challenging the Traffic Stop

Was the stop legal? Police officers must have reasonable suspicion to pull you over. If the officer lacked proper justification for the traffic stop, any evidence gathered afterward may be inadmissible. Common challenges include:

No valid reason for the stop
Violation of your Fourth Amendment rights
Improper DUI checkpoint procedures
Mistaken observations by the officer

2. Questioning Field Sobriety Tests

Field sobriety tests are notoriously unreliable and subject to challenge:

Improper administration: Officers must follow standardized protocols
Medical conditions: Balance issues, injuries, or neurological conditions can affect performance
Environmental factors: Poor lighting, uneven surfaces, or weather conditions
Physical limitations: Age, weight, or footwear can impact test results

3. Challenging Breathalyzer Results

Breathalyzer tests are not infallible. At Cohen Law Offices, we know how to challenge breath test results by examining:

Calibration records: Was the device properly maintained and calibrated?
Administration errors: Did the officer follow proper testing procedures?
Medical conditions: GERD, diabetes, or certain diets can cause false readings
Mouth alcohol: Recent use of mouthwash or breath spray can skew results
Radio frequency interference: Cell phones or police radios can affect results
Observation period: Was the required 20-minute observation period properly followed?

4. Challenging Blood Test Results

Blood tests can also be contested:

Improper collection or storage procedures
Chain of custody issues
Contamination of the sample -Fermentation of the sample
Lack of proper certification for the testing facility
Improper analysis techniques

5. Questioning the Arrest Process

The arrest itself must follow proper procedures:

Were you properly read your Miranda rights?
Did the officer have probable cause to arrest you?
Were proper booking procedures followed?
Was evidence properly collected and preserved?

6. Challenging Officer Observations

Officers often cite "signs of intoxication" such as:

Bloodshot or watery eyes (can be caused by fatigue, allergies, or contacts)
Slurred speech (can result from nervousness, medical conditions, or accent)
Odor of alcohol (doesn't indicate level of impairment)
Fumbling with documents (can be due to nervousness or lack of organization)

These observations are subjective and can often be explained by factors other than intoxication.

Alternative Explanations for "Impairment"

Many conditions and circumstances can mimic signs of intoxication:

Fatigue or exhaustion
Prescription medications
Medical conditions (diabetes, neurological disorders)
Anxiety or nervousness during the stop
Physical disabilities or injuries
Speech impediments

Negotiating Reduced Charges

Even when a complete dismissal isn't possible, experienced attorneys can often negotiate for:

Reduction from OWI to reckless driving
Reduced penalties and fines
Alternative sentencing options
Avoiding jail time for first offenses
Minimizing license suspension periods

The Importance of Acting Quickly

Time is critical in OWI cases:

You have only 10 days to request a hearing to challenge your license revocation
Evidence can be lost or degraded over time
Witnesses' memories fade
Early intervention can lead to better outcome

What NOT to Do

Don't represent yourself. OWI law is complex, and the consequences of conviction are severe. Prosecutors and judges know when someone lacks legal expertise.

Don't plead guilty immediately. Even if you think the case against you is strong, an experienced attorney may identify defenses you haven't considered.

Don't talk about your case. Anything you say can be used against you, including social media posts, conversations with friends, or statements to police.

Don't miss court dates or deadlines. This can result in additional charges and a warrant for your arrest.

Why Cohen Law Offices?

At Cohen Law Offices, we specialize in OWI defense. Our attorneys have:

Over 50 years of combined experience in drunk driving defense
In-depth knowledge of breathalyzer science and field sobriety testing
Proven success at all levels of Wisconsin courts
A track record of favorable outcomes including dismissals, reduced charges, and not guilty verdicts

We understand the science behind OWI testing, the legal procedures that must be followed, and every defense strategy available under Wisconsin law.

Our Approach to OWI Defense

When you hire Cohen Law Offices, we:

Thoroughly investigate your case - reviewing police reports, video footage, test results, and all evidence
Identify weaknesses in the prosecution's case
Challenge improper procedures or constitutional violations
Negotiate aggressively with prosecutors
Prepare for trial when necessary to protect your rights
Fight for the best possible outcome - whether that's dismissal, reduced charges, or acquittal

Specialized Knowledge Makes the Difference

OWI defense requires specialized knowledge that general practice attorneys simply don't have. We stay current on:

Changes in Wisconsin OWI law
New breathalyzer technology and its limitations
Recent court decisions affecting OWI cases
Scientific research on field sobriety testing
Blood and breath test methodologies

Complex Cases Are Our Specialty

We handle the most challenging OWI cases, including:

Multiple offense OWIs (3rd, 4th, 5th offenses)
OWI causing injury or death
Commercial driver's license OWI cases
Underage OWI charges
Refusal cases
High BAC cases

The Cost of an OWI Conviction

An OWI conviction can cost you far more than legal fees:

First offense: Up to $1,150 in fines, 6-9 month license revocation, possible jail time
Second offense: $600-$2,000 in fines, 12-18 month revocation, 5 days to 6 months in jail
Third offense (felony): Up to $10,000 in fines, 2-3 year revocation, 45 days to 1 year in prison
Fourth offense and beyond: Increasingly severe penalties including lengthy prison sentences

Additional costs include increased insurance rates, ignition interlock device installation and maintenance, lost employment opportunities, and professional licensing consequences

Take Action Now

If you've been charged with OWI in Wisconsin, don't wait. The decisions you make now will impact the rest of your life.

Contact Cohen Law Offices today for a free consultation. We'll review the specific facts of your case, identify potential defenses, and develop a strategy to fight your charges.

We are the premier OWI defense firm in Eau Claire and throughout Wisconsin. When you need experienced attorneys who know how to win OWI cases, Cohen Law Offices is your best choice.

Don't let an OWI charge destroy your future. Call us immediately.

This blog post is for informational purposes only and does not constitute legal advice. Every case is unique and results vary based on individual circumstances. Contact Cohen Law Offices for a personalized case evaluation and defense strategy.

How Much Does a DUI Lawyer Cost in Wisconsin?

Mon, 06 Oct 2025 20:28:29 GMT

If you've been charged with an OWI (Operating While Intoxicated) in Wisconsin, one of your first questions is likely about legal costs. At Cohen Law Offices in Eau Claire, we understand that facing drunk driving charges is stressful enough without worrying about unexpected expenses. Here's what you need to know about OWI attorney costs in Wisconsin.

Understanding OWI Legal Fees in Wisconsin

The cost of hiring an OWI attorney in Wisconsin varies significantly based on several factors. Generally, you can expect legal fees to range from $2,500 to $10,000 or more, depending on the complexity of your case.

Factors That Affect Legal Costs

Case Complexity A first-offense OWI with no aggravating factors will typically cost less than a case involving multiple offenses, accidents, injuries, or enhanced charges. Third, fourth, and fifth offense OWIs are felonies in Wisconsin and require significantly more legal work.

Court Proceedings Cases resolved through plea negotiations generally cost less than cases that go to trial. However, trial representation may be necessary to achieve the best outcome in your situation.

Evidence and Investigation Cases requiring extensive investigation, expert witnesses, blood or breath test challenges, or accident reconstruction will involve additional costs.

Geographic Location Legal fees can vary by region within Wisconsin, with metropolitan areas sometimes having different rate structures than smaller communities.

What's Included in Legal Representation

At Cohen Law Offices, our OWI defense services typically include:

Initial consultation and case evaluation
Review of all evidence, including police reports, breathalyzer results, and field sobriety tests
Investigation of potential constitutional violations or procedural errors
Negotiation with prosecutors
Court appearances and motions
Trial representation if necessary
Guidance on license suspension and occupational license matters

First Offense vs. Multiple Offenses

First Offense OWI For a first-time OWI with no complications, legal fees are generally at the lower end of the range. However, even first offenses carry serious consequences including fines, license revocation, and potential jail time.

Repeat Offenses Second, third, and subsequent OWI offenses are far more serious. Third offense and beyond are felonies carrying mandatory prison time. These cases require extensive legal work and accordingly involve higher legal fees.

The Cost of Not Hiring an Attorney

While legal fees may seem expensive, the cost of not having proper representation can be far greater. An OWI conviction can result in:

Jail or prison time
Fines ranging from $600 to $10,000 or more
License revocation (6 months to lifetime)
Increased insurance rates for years
Installation of an ignition interlock device
Employment consequences
Professional license implications
Permanent criminal record

An experienced OWI attorney can often reduce charges, minimize penalties, or in some cases, get charges dismissed entirely.

Payment Options and Consultation

At Cohen Law Offices, we offer:

Free initial consultations to discuss your case
Transparent fee structures with no hidden costs
Payment plan options to make quality legal representation accessible
Clear communication about costs throughout your case

Why Choose Cohen Law Offices

Our attorneys have over 50 years of combined experience defending OWI cases in Wisconsin. We specialize in drunk driving defense and have successfully handled cases at all levels of Wisconsin courts. When you're facing OWI charges, you need attorneys who understand the science behind breathalyzer tests, field sobriety procedures, and every legal strategy available.

Take Action Now

The decisions you make immediately after an OWI arrest can significantly impact your case outcome. Don't let concerns about legal costs prevent you from getting the defense you deserve.

Contact Cohen Law Offices today for a free consultation. We'll review your case, explain your options, and provide clear information about costs so you can make an informed decision about your defense.

When it comes to OWI charges in Eau Claire and throughout Wisconsin, Cohen Law Offices is your best choice for experienced, aggressive defense representation.

This blog post is for informational purposes only and does not constitute legal advice. Every case is unique, and fees may vary based on individual circumstances. Contact Cohen Law Offices for a personalized case evaluation.

Violent Crimes Cases for Chippewa Falls, WI: 5 Insights

Wed, 01 Oct 2025 16:37:07 GMT

At Cohen Law Offices, we understand that being charged in violent crimes cases for Chippewa Falls, WI can feel overwhelming and intimidating. Your freedom, your reputation, and your future are at risk, which is why you need a skilled defense attorney on your side from the very beginning. Our experienced team focuses on protecting your constitutional rights while challenging every piece of evidence the prosecution brings forward. Do not wait—call us today at 715-514-5051 to begin building the defense you deserve.

As a law firm based in Eau Claire and serving clients throughout Chippewa Falls, we are committed to providing strong, reliable representation in violent crimes cases for Chippewa Falls, WI.

In this article, we share five insights every person should know about violent crimes cases for Chippewa Falls, WI. These insights focus on your rights, the defense process, and how we at Cohen Law Offices stand by you every step of the way.

1. Understanding Your Fundamental Rights

The foundation of any defense in violent crimes cases for Chippewa Falls, WI, begins with protecting your constitutional rights. From the moment you are questioned or arrested, you have the right to remain silent, the right to legal counsel, and the right to a fair trial. Too often, individuals waive these rights unknowingly, which can weaken their defense.

At Cohen Law Offices, we immediately advise clients not to speak with law enforcement without representation. Exercising your rights early ensures that your words are not used against you and that the prosecution does not gain an unfair advantage.

For more details on your constitutional protections, you can review information provided by the American Civil Liberties Union (ACLU).

2. The Importance of Evidence in Building Your Defense

Violent crimes cases for Chippewa Falls, WI, often hinge on physical evidence, forensic reports, and law enforcement testimony. However, not all evidence is as reliable as prosecutors claim. Mistakes in collection, storage, or analysis can occur, and it is our job as defense attorneys to identify these weaknesses.

We meticulously review all police reports, forensic results, and body camera footage. At times, evidence may be excluded if it was obtained unlawfully. By challenging questionable evidence, we strengthen your position and ensure that the court hears only what is fair and accurate.

3. The Role of Witness Testimonies

Witness statements often play a significant role in violent crimes cases for Chippewa Falls, WI. However, human memory is not perfect, and bias or pressure can influence testimony. At Cohen Law Offices, we carefully interview witnesses and, when necessary, consult with experts to analyze their credibility.

For example, if a witness was pressured during questioning or provided inconsistent statements, we bring that to the court’s attention. Our role is to ensure that no unreliable or misleading testimony is allowed to jeopardize your defense.

4. Strategies for Challenging the Prosecution’s Case

Every violent crimes cases for Chippewa Falls, WI is different, but one fact never changes—the prosecution must prove guilt beyond a reasonable doubt. This legal standard is intentionally high, and at Cohen Law Offices, we make it our priority to hold prosecutors accountable to it. We challenge the prosecution by:

• Pointing out inconsistencies in their narrative.

• Questioning the credibility of their witnesses.

• Highlighting errors in forensic or police procedures.

• Presenting alternative explanations for the evidence.

These strategies help ensure that your side of the story is fully represented. At Cohen Law Offices, we believe that a strong defense does not merely react—it takes a proactive stance to secure your future.

5. Cohen Law Offices: Dedicated to Fair and Just Legal Processes

Violent crimes cases for Chippewa Falls, WI, require not only legal knowledge but also dedication and compassion. At Cohen Law Offices, located in Eau Claire and serving Chippewa Falls, we make it our mission to stand by clients through every stage of the process.

Our commitment includes:

• Thoroughly investigating the facts of your case.

• Keeping you informed and supported at all times.

• Ensuring that your rights are never overlooked or violated.

With years of experience handling violent crime cases and criminal defense , we understand the emotional and legal challenges clients face. We fight tirelessly to ensure a just process, whether through negotiation, litigation, or trial.

Protect Your Rights in Violent Crimes Cases for Chippewa Falls, WI

Facing violent crimes cases for Chippewa Falls, WI, is one of the most stressful and uncertain experiences anyone can endure. But you do not have to face it alone. By understanding your rights, challenging evidence, scrutinizing witnesses, and working with a skilled legal team, you can build a strong defense.

At Cohen Law Offices, we believe every individual deserves a fair chance in the justice system. If you or a loved one is facing violent crimes charges, reach out to us today. Call 715-514-5051 or visit our contact page <link to > for a confidential consultation. Protect your rights, protect your future—let us stand by your side.

What to Know About OWI Lawyer in Hudson, WI

Tue, 02 Sep 2025 02:03:20 GMT

Facing an OWI charge can be overwhelming, stressful, and life-changing. If you’ve been arrested for operating while intoxicated, the very first thing you should do is contact an experienced OWI lawyer in Hudson, WI . Acting quickly can make the difference between a conviction and a favorable outcome. Your future, reputation, and driving privileges are on the line, so knowing what steps to take is critical. An expert lawyer will guide you through the complex legal process, protect your rights, and work tirelessly to minimize the impact on your life. Don’t wait; early legal support is your best defense.

Why Acting Quickly Matters After an OWI Arrest

Acting fast is one of the most important steps you can take after being charged with OWI. The sooner you involve an experienced OWI lawyer in Hudson, WI, the better your chances of protecting your rights and building a strong defense. One crucial rule is to avoid speaking to law enforcement without your attorney present.

Key reasons to act immediately:

Protect Your Rights: Anything you say to police can be used against you in court.
Preserve Evidence: Quick action allows your OWI lawyer in Hudson, WI, to gather and secure critical evidence before it’s lost.
Prevent Mistakes: Legal guidance helps you avoid common missteps that could weaken your defense.
Challenge License Suspension: There’s a limited time to request a hearing to fight the suspension of your driving privileges.

How Prompt Consultation Can Change Your Case Outcome

Meeting with an experienced OWI lawyer in Hudson, WI, as soon as possible after your arrest can drastically influence the direction and outcome of your case.

Ways prompt consultation helps your case:

Early Evidence Review: Your OWI lawyer in Hudson, WI, can examine arrest reports, test results, and video footage before they’re altered or lost.
Identify Procedural Errors: A quick review can uncover mistakes in the arrest process that could lead to reduced charges or dismissal.
Protect Your Driving Privileges: Acting fast ensures you meet deadlines to challenge license suspension.
Strategic Negotiations: The sooner your lawyer gets involved, the more time they have to negotiate favorable terms with prosecutors.

What to Expect When Hiring an OWI Lawyer in Hudson, WI

If you’re facing an OWI (Operating While Intoxicated) charge, knowing what to expect can help ease your concerns. An experienced OWI lawyer in Hudson, WI, will guide you through every step of the legal process, from the initial consultation to court appearances. They will review the details of your case, explain your rights, and develop a defense strategy tailored to your situation. Expect clear communication, expert advice, and dedicated representation aimed at minimizing penalties and protecting your future.

Key points to expect:

A thorough case evaluation and explanation of your rights.
Development of a personalized defense strategy.
Assistance with paperwork and legal procedures.
Representation during court hearings and negotiations.
Honest guidance on possible outcomes and consequences

The Crucial First Steps With a Qualified OWI Lawyer in Hudson, WI

When facing an OWI (Operating While Intoxicated) charge in Hudson, WI, taking immediate action by consulting a qualified OWI lawyer is essential. Early legal guidance can protect your rights, help you understand the charges, and build a strong defense strategy. A knowledgeable OWI lawyer will carefully review the evidence, advise you on how to interact with law enforcement, and guide you through court procedures to achieve the best possible outcome.

Key First Steps with an OWI Lawyer in Hudson, WI:

Schedule a prompt consultation to discuss your case details
Avoid speaking to law enforcement without your lawyer present.
Gather and preserve any evidence related to the arrest.
Follow your lawyer’s advice on court appearances and paperwork.
Understand your legal options and potential consequences

Taking these steps early with the help of an experienced OWI lawyer in Hudson, WI, can significantly impact the direction and results of your case.

Why Choosing Cohen Law Offices LLC Matters

Cohen Law Offices LLC has extensive experience defending clients in Hudson and across Wisconsin. Their attorneys understand the stress and uncertainty that come with facing criminal charges and work tirelessly to protect clients’ rights at every stage of the legal process. With a dedicated focus on OWI cases, their team takes a personalized approach, thoroughly analyzing every aspect of your arrest, including breathalyzer results, field sobriety tests, and police conduct, to identify any procedural errors or violations that could weaken the prosecution’s case. They are skilled negotiators who actively pursue alternatives such as reduced charges, diversion programs, or alternative sentencing options to minimize the long-term consequences you face. Cohen Law Offices LLC also provides clear communication and compassionate support, ensuring you fully understand your legal options and feel confident in each decision made.

If you or a loved one has been arrested for OWI in Hudson, don’t wait; your future is too important to risk. Contact us to speak with a skilled OWI lawyer in Hudson, WI, who can defend your rights and guide you through every step of the legal process. Get the knowledgeable, aggressive representation you deserve.

Can Juveniles Be Charged with Sexual Assault in Wisconsin?

Fri, 28 Mar 2025 03:26:55 GMT

Although cases of sexual assault usually involve adult perpetrators, juveniles can also commit conduct that would constitute sexual assault under Wisconsin criminal law. In certain cases, this may lead to criminal charges of sexual assault.

Wisconsin’s Sexual Assault Laws

Wisconsin’s sexual assault statute makes it illegal to have sexual contact or intercourse with another person without their consent, including through the use or threat of use of a dangerous weapon or an act of violence, with a person temporarily or permanently incapable of giving consent when the perpetrator knows about the person’s incapacity, with a person under the influence of drugs or alcohol to the degree they cannot give consent, or with an unconscious person. A person also commits sexual assault if they engage in sexual contact or intercourse with a patient, inmate, parolee, probationer, or detainee under the person’s supervision.

The law defines “consent” as words or overt actions by a person competent to give informed consent that indicate a freely given agreement to participate in sexual contact or intercourse.

Can Prosecutors Charge Juveniles as Adults?

All 17-year-olds are automatically charged in adult criminal court. A juvenile, someone under the age of 17, can engage in conduct that, if committed by an adult, would constitute sexual assault under Wisconsin law. By default, a juvenile who commits sexual assault will face prosecution in Wisconsin’s juvenile justice system. However, prosecutors can charge juveniles as adults and try them in criminal court under certain circumstances. Prosecutors can seek a waiver of jurisdiction – which transfers a case from juvenile court to adult criminal court – for any 15 or 16-year-old or for 14-year-olds charged with conduct that, if committed by an adult, would constitute first- or second-degree sexual assault. A court can grant a waiver if it finds that a case has prosecutive merit and clear and convincing evidence demonstrates that keeping jurisdiction in juvenile court would not serve the juvenile’s or the public’s best interests.

Once waived to adult criminal court, juveniles charged with sexual assault will face the same potential criminal penalties as adults charged with sexual assault.

Penalties for Juveniles Convicted of Sexual Assault

A minor adjudicated of having committed sexual assault in juvenile court may face various dispositions focused on rehabilitating rather than punishing the juvenile. Potential consequences of a juvenile adjudication include:

Juvenile detention
Probation
Counseling
Fines
Restitution
Community service

In adult criminal court, penalties for a sexual assault conviction vary depending on the grading of the offense. For example, first-degree sexual assault carries a penalty of up to 60 years in prison, while second-degree sexual assault carries a penalty of up to 40 years in prison.

In both juvenile and adult criminal court, juveniles convicted of sexual assault may also face sex offender registration requirements, which include the obligation to report to law enforcement regularly.

Contact a Sex Crimes Attorney Today

If your child has been charged with sexual assault, a sex crimes defense attorney can help you protect their rights, reputation, and future. Contact Cohen Law Offices, LLC, today at (715) 514-5051 for a confidential consultation to discuss your family’s legal options with a knowledgeable Wisconsin criminal defense lawyer .

How “Broader” Laws for Acquiring Restraining Orders Affect Criminal Defendants

Fri, 28 Mar 2025 03:23:37 GMT

In Wisconsin, individuals can obtain restraining orders in a wide range of situations that subject them to physical or emotional harm. For example, a person can obtain a restraining order outside the domestic context. These broad laws mean that many criminal defendants might find themselves the subject of such an order.

Wisconsin Laws Governing Restraining Orders

Wisconsin has four types of restraining orders. Each type of order has different rules regarding who may obtain the order and the standards under which a court may issue such an order. The four types of restraining orders in Wisconsin include:

Domestic abuse

A person who suffers domestic abuse inflicted by an adult family member, household member, caregiver, current or former spouse, or current or former dating/intimate partner may seek a restraining order following conduct such as:

Intentional infliction of injury or pain
Intentional impairment of a physical condition
Sexual assault
Stalking
Intentional damage to physical property
Any threat to engage in any of the above behaviors

Harassment

A person may seek a restraining order against an individual who engages in harassment, regardless of the parties’ relationship. In Wisconsin, harassment can involve conduct such as:

Striking
Shoving
Kicking
Child abuse
Sexual assault
Stalking
Acts lacking a legitimate purpose that harass or intimidate
Any offensive physical contact
Any threat to commit any of the above behaviors

Child abuse

An interested party may obtain a restraining order to protect a child from ongoing or imminent child abuse, such as:

Physical injury
Human/sex trafficking
Sexual assault or exploitation
Exposure to methamphetamine manufacturing
Emotional damage that a parent or guardian has neglected to treat

Individual at risk

Courts can issue restraining orders to protect individuals at risk, including adults with physical or mental conditions that substantially impair their ability to care for themselves or adults over 60 experiencing or at risk of experiencing abuse, financial exploitation, neglect, self-neglect, non-consensual treatment, unreasonable confinement, or harassment.

Legal and Practical Consequences for Criminal Defendants

The broader availability of restraining orders in Wisconsin can have significant consequences for defendants in domestic abuse or harassment cases. Wisconsin allows courts to issue temporary restraining orders when a person files a petition that meets the statutory pleading requirements.

Temporary restraining orders (TROs) become effective immediately before defendants have an opportunity to present a defense or contest domestic abuse or harassment allegations. A TRO can impose various restrictions upon a defendant, including barring them from contacting the petitioner or going to places the petitioner frequents. Fortunately, TROs only last until the court can hold a hearing to determine whether to issue a final restraining order. Final restraining orders can last for up to 10 years, depending on which type of order a person seeks. In certain situations, the court can order a permanent restraining order.

Restraining orders can have other long-term effects, such as requiring a defendant to vacate a residence they share with the petitioner, losing custody rights, or losing employment due to the stigma of becoming subject to a restraining order.

Contact a Domestic Violence Defense Attorney

If someone has accused you of domestic violence or harassment, you might be subject to a restraining order that can have significant adverse consequences for your life, employment, and personal relationships. Talk to a domestic violence attorney to learn how Wisconsin’s restraining order laws may affect your case. Contact Cohen Law Offices, LLC, today at (715) 514-5051 for a confidential consultation with dedicated legal counsel to discuss your options.

How Miranda Rights Impact Juvenile Defendants: What Parents Should Know

Fri, 28 Mar 2025 03:19:27 GMT

Was your child recently arrested in Wisconsin? If so, you should know that the law provides additional Miranda rights protections to juvenile defendants. Here’s what you need to know about how that can affect their case.

Understanding Miranda Rights

Miranda rights refer to a specific set of rights enjoyed by criminal suspects and defendants, identified in the U.S. Supreme Court case Miranda v. Arizona. In Miranda, the Supreme Court ruled that when police detain or arrest and question an individual, they must advise that individual of specific rights before questioning to allow them to make an informed decision about whether to answer questions. Although police do not need to use specific words when advising suspects, warnings should sufficiently advise suspects that:

They have the right to remain silent, which means they do not have to answer the police’s questions about a criminal case
If they choose to answer questions or provide statements, prosecutors can use anything they say in court
They have the right to consult an attorney before questioning and to have their attorney present during questioning
They have the right to a court-appointed attorney if they cannot afford to hire private counsel

These warnings remind suspects that they do not have to speak to the police and can seek legal advice before deciding to submit to questioning or provide a statement.

Can Juveniles Waive Miranda Rights

Courts have ruled that juveniles can validly waive their Miranda rights and answer the police's questions, with their responses or statements becoming admissible in court. However, because juveniles' lesser education or maturity can make understanding their rights or the consequences of waiving them challenging, courts must evaluate a juvenile's waiver under various circumstances to determine if a juvenile made an intelligent, voluntary waiver. These factors include:

The juvenile’s age
The juvenile’s intelligence, as assessed by their academic performance, IQ scores, job history, etc.
The juvenile’s experience with the criminal justice system, including whether they have previously given a valid waiver of their Miranda rights
Whether a juvenile made a waiver under advice from a parent/guardian or an attorney

What Should Parents Do After Their Child’s Arrest

When police arrest your child, steps you should take to reserve their rights and options include:

Advise them to remain silent until an attorney arrives
Request the police not to question your child until you’ve obtained legal counsel
Contact a juvenile defense attorney

Contact a Juvenile Crimes Attorney Today

Don’t let your child face the criminal justice system alone. Talk to a juvenile crimes attorney to learn more. Contact Cohen Law Offices, LLC, today at (715) 514-5051 to discuss your family’s options with experienced legal counsel .

What Are the Penalties for OWI Involving Death in Wisconsin?

Sat, 08 Mar 2025 15:39:31 GMT

Operating a vehicle while intoxicated ( OWI ) and causing a crash that results in someone's death carries severe consequences in Wisconsin. Penalties on conviction include lengthy prison sentences that can last up to decades, as well as fines reaching six figures. Here’s what you need to know if you’re facing these serious charges.

Legal Penalties for Homicide by Intoxicated Use of a Vehicle

Under Wisconsin law, a driver who causes a fatal accident while under the influence of alcohol or drugs can face charges of homicide by intoxicated use of a vehicle. The severity of the punishment depends largely on whether the driver has previous OWI convictions. This criminal offense is charged as at least a Class D felony, which may result in up to 25 years behind bars. However, certain exacerbating conditions can increase it to a Class C felony, with commensurately more serious punishments.

First-Time Offenders

An OWI with fatalities is typically charged as a Class D felony for first-time OWI offenders. The penalties for a conviction may include the following:

A prison term of up to 25 years: Wisconsin imposes a mandatory five-year minimum sentence.
Fines reaching $100,000: These fines come in addition to any civil penalties.
License revocation: The revocation extends beyond the prison term.
Mandatory alcohol assessment and treatment programs: The court requires completion before reinstating driving privileges.

Those with a History of OWI

Prior OWI convictions escalate a fatal OWI to a Class C felony, which can result in:

A prison sentence of up to 40 years: The mandatory minimum remains five years.
Fines up to $100,000: This amount does not include possible restitution to the victim's family.
Extended license revocation: Each prior conviction extends the revocation term.

Additional Long-Term Consequences

As tough as the criminal punishments for a fatal OWI are, they are not the only consequences a defendant might face. Long-term consequences can also include:

Limitations in employment: Many employers conduct background checks that reveal felony convictions.
Difficulty finding housing: Landlords may deny applications based on serious criminal records.
Loss of voting rights: Felony convictions temporarily suspend voting privileges.
Restrictions on professional licenses: Some careers become unavailable to those with felony records.
Limitations on travel: Other countries, including Canada, may deny entry to those with felony convictions.

Wisconsin

requires everyone convicted of this offense to serve what's known as a bifurcated sentence. This means the person must serve prison time followed by a period of community supervision, ensuring continued monitoring even after release.

Facing Serious OWI Charges in Wisconsin? Contact Cohen Law Offices Today

If you're facing charges related to an OWI incident involving death, you need experienced legal representation to protect your rights and seek a fair resolution to your case. At Cohen Law Offices, our trial lawyers have over 60 combined years of experience defending serious criminal cases in Northwest Wisconsin. We prepare every case as if it will go to trial, ensuring the most vigorous possible defense for our clients. Contact us today at (715) 514-5051 for a confidential consultation with an OWI defense attorney in Wisconsin.

How Wisconsin’s Proposed Expungement Law Could Help Those Convicted of Nonviolent Offenses

Mon, 03 Mar 2025 16:19:41 GMT

Are you looking for a fresh start after a nonviolent offense in Wisconsin? Expungement can remove barriers to employment, housing, and education that often follow a criminal conviction. Under current state law, expungement opportunities are relatively limited. However, state legislators have proposed a new law that could open doors for countless Wisconsinites with convictions on their records.

Current Expungement Law in Wisconsin

Wisconsin law allows judges to remove court records related to a person’s conviction if certain conditions apply. This process, known as expungement, does not erase the conviction. It merely removes the records from the court system’s view. This makes the records inaccessible in public databases like the Consolidated Court Automation Programs (CCAP) , which is the court system’s public access website.

Currently, you only qualify for expungement if you were under 25 at the time of the offense and the crime’s maximum penalty was no more than six years in prison. This means you are only eligible if you were convicted of a misdemeanor or Class H or I felony at a young age. Additionally, the judge must have decided at sentencing that expunging your record at a later date would benefit you and not harm society. You also must have successfully completed your sentence by fulfilling all jail, parole, or probation requirements without further convictions to qualify.

At present, Wisconsin law does not allow you to request expungement after the court has sentenced you. This limitation means that the decision regarding expungement at the time of sentencing is final. If a judge does not order it at sentencing, you cannot seek expungement later on your own.

Proposed Changes to the Law

Proposed changes to Wisconsin’s expungement law would make it easier for people with criminal records to have their records cleared. The new bill, if passed, would remove the current age limit of 25, which would allow more people to qualify for expungement.

Additionally, the proposed law would let people petition the court for expungement after they have completed their sentences. This is a significant shift from the current law, which only allows expungement to be ordered at the time of sentencing. Under the new rules, if the court initially did not order expungement, a person could still have the opportunity to clear their record by applying later.

The bill also introduces a new restriction. Each person could only receive one expungement per crime and would need to wait two years before being able to file a second petition if their first one was denied. Also, applicants would need to pay a $100 fee for each subsequent petition.

Regrettably, the proposed expungement legislation failed to pass both houses in the 2024 session and is not yet slated to become law. However, it remains a topic of interest and could potentially be reintroduced in the 2025 legislative session.

Contact a Wisconsin Expungement Lawyer

Ready to clear your record and take the next step toward a brighter future? Don’t wait to find out how Wisconsin’s current and potential expungement laws could benefit you. Call Cohen Law Offices today at (715)-514-5051 for a free initial consultation with our experienced expungement attorneys .

How to Choose the Best Drunk Driving Lawyer in Eau Claire, WI, for Your Case

Thu, 27 Feb 2025 07:49:13 GMT

Finding a competent drunk driving lawyer in Eau Claire, WI , is essential following an arrest for DUI. At Cohen Law Offices, we understand the stress and confusion you may be facing. That’s why we’ve put together some key strategies to help you find the right legal representation.

Evaluate Their Experience

One of the most important factors to consider is the lawyer’s experience. Look for a drunk driving lawyer in Eau Claire, WI, who has a proven track record in handling DUI cases. Experienced attorneys will be more familiar with local laws, judges, and court procedures, which can make a significant difference in the outcome of your case.

Look for Specialization

Not all lawyers are the same. While many might take on DUI cases, specializing in drunk driving offenses sets a good attorney apart. A specialized drunk driving lawyer in Eau Claire, WI, will have a deep understanding of DUI laws and be up-to-date with the latest legal developments, providing you with the best defense possible.

Check Reviews and Testimonials

Do your homework by checking online reviews and client testimonials. Websites like Google, Avvo, and Yelp can provide insights into other clients’ experiences with the attorney. Look specifically for reviews of drunk driving attorneys in Eau Claire, WI. Positive feedback can give you peace of mind, knowing that others have had successful outcomes with the lawyer you’re considering.

Schedule a Consultation

Most reputable drunk driving lawyers offer a free initial consultation. Use this opportunity to ask questions and gauge if the attorney is a good fit for you. Prepare a list of questions beforehand to make the most of your time. Focus on the lawyer’s approach to DUI defense and how they would handle your specific case.

Assess Their Communication Skills

Clear and effective communication is crucial when dealing with legal matters. During your consultation, pay attention to how the attorney explains complex legal terms. A good drunk driving lawyer in Eau Claire, WI, should be able to talk in layman’s terms, making it easier for you to understand your situation and the legal processes involved.

Consider Legal Fees

Cost should also be a consideration, but it shouldn’t be the only factor. Ask for a detailed breakdown of the legal fees upfront. Understand what services are included in the fee and if there are any additional costs you might incur. Although the budget is important, you should balance cost against the experience and specialization of the drunk driving attorney in Eau Claire, WI, you’re considering.

Trust Your Gut

Finally, trust your instincts. If you feel comfortable and confident in the lawyer’s abilities during your initial consultation, it’s a good sign. You’ll be spending a significant amount of time working with this person, so it’s crucial you feel at ease and trust their expertise.

Take the First Step Toward Your Defense—Get Expert Legal Help Now!

Choosing the right drunk driving attorney in Eau Claire, WI, can significantly influence the outcome of your case. By following these steps, you’ll be better equipped to make an informed decision. At Cohen Law Offices, our experienced team is dedicated to providing the best defense for DUI cases. If you or a loved one is facing a DUI charge in Eau Claire, WI, don’t hesitate to reach out. Call us now at (715) 514-5051 to schedule your free consultation and learn more about our services.

5 Critical Things to Know About Child Sexual Assault, DUI, and DWI Defense in Menomonie, WI

Thu, 27 Feb 2025 07:37:01 GMT

Facing charges for child sexual assault in Menomonie, WI , or dealing with DUI or DWI in Menomonie, WI , can be overwhelming and life-changing. These serious legal situations require immediate action and skilled representation to protect your rights and future. Cohen Law Offices understands the complexities of these cases and provides experienced legal defense to help clients navigate through them. Whether you or a loved one are facing allegations of child sexual assault or have been charged with a DUI or DWI , understanding your rights and the legal process is critical. Here are five essential things to know.

1. The Consequences Are Serious and Long-Lasting

The penalties for child sexual assault , DUI , or DWI can be severe and life-altering. Convictions for child sexual assault in Menomonie, WI, often come with mandatory prison time and lifetime sex offender registration. Meanwhile, a DUI or DWI can result in license suspension, significant fines, jail time, and a criminal record that affects future job opportunities.

An experienced attorney can help you minimize these consequences by identifying weaknesses in the prosecution’s case. If you’re dealing with allegations of child sexual assault , it’s vital to have a defense attorney who understands the nuances of these sensitive cases. Learn more about defending against child sexual assault charges .

2. You Have Legal Rights—Know Them

It’s essential to remember your legal rights when facing serious charges. You have the right to remain silent and the right to an attorney. Making statements to law enforcement without legal counsel can weaken your defense. For child sexual assault cases, early statements may be used out of context. In DUI or DWI situations, improper administration of sobriety tests can lead to evidence being challenged. A skilled attorney will help you protect these rights and build a solid defense.

3. Each Case Requires a Personalized Strategy

No two cases are the same. Defending against child sexual assault in Menomonie, WI , requires a deep understanding of forensic evidence, witness testimony, and the legal standards for sexual assault cases. In contrast, DUI and DWI defenses often rely on challenging the legality of traffic stops or questioning the accuracy of field sobriety tests. Cohen Law Offices carefully reviews the details of each case to create a customized defense strategy.

4. Time Is Not on Your Side

Act quickly if you’re facing charges. For child sexual assault , early intervention from an attorney may help reduce the severity of the charges or even prevent charges from being filed altogether. In DUI and DWI cases in Menomonie, WI , you have a limited window to contest a license suspension or negotiate alternative penalties. Waiting too long can limit your options and make it harder to achieve a favorable outcome.

5. The Right Attorney Makes All the Difference

Facing criminal charges can be daunting, but the right legal representation can significantly impact the outcome of your case. Cohen Law Offices is experienced in handling complex cases involving child sexual assault , DWI , and DUI in Menomonie, WI . The attorneys at the firm understand the local court system and use that knowledge to help clients achieve the best possible outcomes.

Contact Cohen Law Offices Today

If you’re facing charges for child sexual assault in Menomonie, WI , or need a defense for DWI or DUI in Menomonie, WI , it’s crucial to act quickly. The experienced attorneys at Cohen Law Offices are ready to defend your rights and guide you through every step of the legal process. Contact us today for a confidential consultation!

Will I Be Found Guilty of OWI If I Test Over the Legal Limit?

Mon, 24 Feb 2025 06:28:35 GMT

Wisconsin law prohibits you from operating a vehicle if you are under the influence of any intoxicant or controlled substance to a degree that impairs your ability to drive safely. This includes alcohol, illegal drugs, and prescription medications that might affect your driving skills. The legal limit for most drivers’ blood alcohol concentration (BAC) is 0.08. For commercial drivers while on duty, the limit is even lower (0.04), and those under the legal drinking age are subject to a zero-tolerance policy. If you exceed these limits while driving or drive in a manner that suggests you are intoxicated, you risk facing serious legal penalties for operating while intoxicated (OWI).

The Role of BAC in OWI Cases

BAC is a critical factor in Wisconsin’s approach to handling OWI cases. If your BAC is at or above the legal limit, Wisconsin law considers this as evidence that you cannot operate a vehicle safely. This is true whether or not you are actually too impaired to drive safely. Additionally, even if your BAC is below 0.08, you can still face charges if you exhibit signs of impairment while driving. Police officers often use chemical tests during OWI investigations to determine a driver’s BAC if they suspect impairment. Consequently, BAC results are a significant factor in OWI cases and can largely determine the charges and penalties you may face.

Potential Penalties for an OWI Conviction

The consequences of an OWI conviction in Wisconsin depend on the number of prior offenses and the specific details of each case. For a first-time offense, the typical penalties include a $150 to $300 fine and a six- to nine-month license suspension but no jail time. However, if you have previous OWI convictions, the penalties escalate rapidly. For instance, a second offense can lead to jail time, higher fines, and a longer license suspension. By the fourth offense, you could be facing felony charges, substantial fines, and years in prison.

In addition to license revocation, Wisconsin law may require the installation of an ignition interlock device (IID) on your vehicle, which prevents you from driving if your BAC is too high. This requirement applies if it is your second or subsequent OWI offense or if you are a first-time offender with a blood alcohol concentration of 0.15 or higher. Penalties can also increase if there are aggravating factors involved, such as having a minor in the vehicle at the time of the offense.

Defenses Against OWI Charges

An experienced OWI defense lawyer can help you challenge OWI charges based on several defenses. Each defense strategy depends on the specifics of your case, including how law enforcement handled your arrest and evidence. Possible defenses that might apply to your case include:

Challenging the accuracy of the BAC testing equipment
Arguing that the traffic stop lacked probable cause
Questioning the administration or interpretation of field sobriety tests
Citing medical conditions that mimic impairment
Demonstrating that the BAC test was not administered properly
Presenting evidence of violations of your rights during the arrest process

Contact an OWI Defense Attorney

If you’re facing OWI charges in Wisconsin and need legal help, call Cohen Law Offices today at (715)-514-5051 for a free initial consultation . Our team is ready to work with you to examine your case and provide the dependable guidance you need.

Steps to Take Immediately After Your Loved One Is Charged with Homicide

Thu, 13 Feb 2025 22:23:59 GMT

Is your loved one facing homicide charges in Wisconsin? Here’s what you can do to protect their rights and jump-start their legal defense.

Contact a Criminal Defense Attorney

First, you should hire a criminal defense attorney without delay. Look for one with a strong track record in homicide cases. They will have the specific experience and skills required to handle the high stakes and complexities of such cases. An experienced homicide defense lawyer can guide you through the legal process, provide advice on your next steps, and protect your loved one’s rights. They can also take point in all interactions with the police and the court so your loved one does not unintentionally make any statements that could negatively impact their defense. Furthermore, a seasoned attorney can identify and implement potential legal strategies that might mitigate the charges or lead to a dismissal

Learn About the Charges and Your Loved One’s Rights

Homicide charges range widely, from involuntary manslaughter to first-degree murder, and each type comes with different potential penalties and defense strategies. An experienced attorney can explain the specifics of the charges against your loved one and what these charges entail legally. Your loved one has certain rights during the criminal justice process, such as the right to remain silent and the right to an attorney. These rights exist to protect defendants from incriminating themselves and to ensure they are treated fairly throughout the legal proceedings. Making sure you and your loved one understand these rights can prevent them from being taken advantage of during interrogations or other legal processes.

Arrange for Bail

In some cases, you can arrange for bail to have your loved one released from custody while awaiting trial. The bail amount and the decision to grant bail depend on several factors, including the severity of the charges and whether the accused is considered a flight risk. Your attorney can advocate for reasonable bail at the bail hearing based on factors such as your loved one’s ties to the community and their lack of criminal history. If the court grants bail, you will need to provide either money or property as collateral to ensure your loved one’s appearance at future court dates.

Gather Evidence

You can help your loved one by identifying any available information that might substantiate their defense, such as time-stamped images, eyewitness accounts, or communications that establish an alibi. Your attorney can determine which pieces of evidence could be beneficial to the case and handle the process of acquiring such items legally. Comprehensive evidence can significantly impact your loved one’s case outcome by supporting their defense narrative and challenging the prosecution’s accusations.

Interact Cautiously with Law Enforcement

Always exercise caution when interacting with law enforcement officers. Make sure your loved one understands that they should never discuss the details of the case with the police without an attorney present. Even seemingly harmless remarks can be interpreted in a way that could be harmful to their case. Always remain respectful and cooperative during any interactions with the police, but be firm in exercising your legal rights. If officers ask questions related to the case, politely refuse to discuss anything until legal representation is available.

Contact a Homicide Defense Lawyer Now

If your loved one is facing homicide charges, you need clear answers and strong legal guidance. Call Cohen Law Offices today at (715) 514-5051 for a free initial consultation to learn how we can help.

The Criminal Penalties for Prescription Drug Usage in Wisconsin

Wed, 05 Feb 2025 20:38:05 GMT

Wisconsin law regulates the possession of controlled substances. The law classifies drugs into five schedules based on a drug’s safety/medical uses and potential for abuse or addiction. State law permits healthcare providers to write prescriptions for drugs in Schedules II through V. However, individuals who do not follow the laws and regulations governing prescription drugs may commit various criminal offenses.

Common Prescription Drug Offenses

In Wisconsin, examples of prescription drug-related criminal offenses include:

Possessing prescription drugs without a valid prescription : Under Wisconsin law, a person may not possess a prescription drug unless they obtain it according to a valid prescription written by a licensed practitioner and dispensed by a licensed pharmacy.
Possession of prescription drugs with intent to deliver or distribute: Other than licensed healthcare practitioners, people may not possess prescription drugs with the intent to distribute them to others.
Prescription fraud: Examples of activity that may constitute prescription fraud include forging prescriptions on legitimate prescription pads, using another person’s valid prescription to obtain prescription drugs, or making false statements to obtain prescription drugs.
False prescription orders: Practitioners may only write prescriptions if they have established a patient's legitimate medical need for the prescription.

Criminal Penalties for Prescription Drug Crimes in Wisconsin

Prescription drug offenses in Wisconsin can impose various criminal penalties depending on the nature of the offense and the type and quantity of drugs involved. Penalties may also depend on other aggravating factors, such as committing an offense near a protected location like a school or public park. Criminal sentences for prescription drug convictions may include jail or prison time, probation (as an alternative to incarceration), or fines. Courts may also order convicted defendants to submit to substance abuse treatment if they find that a defendant committed an offense due to an underlying drug addiction.

Long-Term Consequences of a Drug Conviction

A conviction for a prescription drug offense can have other long-term consequences for defendants. For example, defendants may experience negative employment consequences. An employer may choose to terminate an employee convicted of a prescription drug crime, especially if the employee must serve jail or prison time. Prescription drug convictions can also lead to disciplinary proceedings for defendants with professional licenses, especially for defendants who work in the healthcare industry.

People with prescription drug convictions may face challenges in obtaining valid prescription drugs in the future, as healthcare providers may worry about the possibility of abuse or criminal activity involving those drugs.

A conviction will also result in a criminal record that can impose a stigma that follows a convicted individual. Criminal records may appear in background checks, making it challenging for individuals to seek employment, educational, financial, and housing opportunities.

Contact a Drug Defense Attorney Today

Don’t face your prescription drug charges alone. Instead, get experienced legal guidance and advocacy to protect your reputation, rights, and freedom. Contact Cohen Law Offices today for a confidential consultation with a Wisconsin drug defense attorney to discuss how our firm can help you minimize the consequences of an arrest or conviction on prescription drug charges.

What Is Used as Evidence in Child Pornography Cases?

Sun, 02 Feb 2025 21:20:17 GMT

When prosecutors develop a case to pursue child pornography charges, they may use various types of evidence in an attempt to prove a defendant’s guilt. Although the prosecution bears the sole burden of proof in a criminal case, a defendant facing child pornography charges may also present evidence to undermine the strength of the prosecution’s case or prove their innocence. Let’s take a closer look at the types of evidence that might be used in a child pornography case.

Digital Evidence

In recent years, child pornography cases frequently involve materials transmitted over the internet and stored on computers or other electronic devices. As a result, many child pornography cases these days involve digital evidence. Investigators may execute search warrants to seize suspects' computers, external hard drives, USB storage devices, tablet computers, and smartphones to search them for child pornography or evidence of downloading or distributing child pornography. Investigators may also obtain communications data warrants to obtain evidence from cloud storage providers such as Google, Microsoft, or Dropbox. Law enforcement might also seek copies of messages from suspects’ social media accounts, which may contain evidence of child pornography distribution.

Investigators may also collect metadata from electronic devices, cloud storage accounts, or social media accounts that may also contain relevant evidence for a child pornography case.

Forensic Analysis

Digital evidence may often require forensic analysis by prosecution and defense experts. The parties may retain specialized investigators with expertise in extracting and preserving data from electronic devices and online accounts, especially if a party has attempted to delete data or destroy a device. Forensic investigators may use metadata to reconstruct activity on a computer, tablet, phone, external hard drive, or cloud storage account.

Forensic analysis can also help support defenses in a child pornography case, such as by proving that a third party used a defendant’s computer network or IP address to download or distribute child pornography.

Witness Testimony

Witness testimony can also serve a critical role in child pornography cases. For example, individuals may have observed a defendant engage in the alleged activity or saw child pornography on the defendant’s devices. Prosecutors may also present testimony from co-defendants/co-conspirators who have agreed to testify against a defendant about their activity. When a defendant sits for an interrogation by police, prosecutors may use the defendant’s statements as part of their case.

Parties may also present testimony from forensic experts to explain to the jury how they analyzed the digital evidence or metadata in the case.

Physical Evidence

Some child pornography cases may involve physical evidence, including when defendants possess hard copies of illicit photographs or videotapes. Prosecutors may also present photographs or videos taken during searches of a defendant's home, business, storage unit, or other property to prove various allegations, such as the amount of child pornography allegedly possessed by the defendant.

Contact a Child Pornography Defense Attorney Today

If you’ve been charged with child pornography offenses, hiring experienced legal counsel can help you defend your rights and reputation. Contact Cohen Law Offices today for a confidential consultation with a sex crimes defense attorney to discuss your legal options for pursuing a favorable outcome to your charges.

The Different Schedule Classification of Drugs and Their Penalties Explained

Wed, 22 Jan 2025 18:10:00 GMT

Federal and Wisconsin state laws categorize controlled substances into various schedules based on a drug’s safe or medically accepted uses and potential for abuse or addiction. Drug crimes also impose penalties based on a drug’s schedule classification to impose harsher punishments on defendants who possess, traffic, or manufacture more dangerous drugs. By understanding drug schedules, a defendant can better evaluate their charges when facing prosecution for possession, distribution, or illegal manufacturing of controlled substances.

Understanding Drug Schedules

Wisconsin’s Uniform Controlled Substances Act classifies drugs into five schedules. The drug schedules reflect the dangerousness of a specific controlled substance. Schedule I drugs include controlled substances that have no accepted medical uses, no safe use for treatment under medical supervision, and the highest risk of addiction or abuse. Schedule II drugs also have a high potential for addiction or abuse but also have currently accepted medical uses (including with severe restrictions). Schedules III through V have increasingly accepted and safe medical uses and decreasing risks of abuse or addiction.

Examples of drugs in each schedule include:

• Schedule I: Fentanyl analogs, heroin, MDMA/ecstasy, LSD, mescaline, psilocybin, THC, and synthetic cannabinoids

• Schedule II: Opium, codeine, oxycodone, morphine, cocaine, fentanyl, methadone, amphetamine, methamphetamine, and PCP

• Schedule III: Ketamine, anabolic steroids, and buprenorphine

• Schedule IV: Barbital, clonazepam, diazepam, and tramadol

• Schedule V: Pseudoephedrine and pregabalin

Penalties for Drug Distribution/Possession by Schedule

Penalties for drug possession or distribution under Wisconsin law will depend on the charged offense and the drugs involved in the crime, with harsher penalties for offenses involving Schedule I and II drugs compared to Schedule III through V. Examples of penalties for simple possession can include:

• Schedule I and II narcotic drugs: Class I felony, which imposes a fine of up to $10,000, up to 42 months in prison, or both imprisonment and fines

• Cocaine: A fine of up to $5,000, up to one year in jail, or both a fine and jail time for a first offense, or a Class I felony for a second or subsequent offense

• LSD, amphetamine, or other certain hallucinogenic or stimulant drugs: A fine of up to $5,000, up to one year in jail, or both a fine and jail time for a first offense, or a Class I felony for a second or subsequent offense

• THC: A fine of up to $1,000, up to six months in jail, or both a fine and jail time for a first offense, or a Class I felony for a second or subsequent offense

Penalties for possession with intent to distribute or manufacturing of drugs will depend on whether the offense involves Schedule I/II narcotic drugs, Schedule I/II non-narcotic drugs, cocaine, heroin, fentanyl, amphetamine/methamphetamine, LSD, psilocybin, or THC, and the quantity of drugs involved.

Contact a Drug Crime Defense Attorney Today

Have you been arrested on drug charges in Wisconsin? If so, a knowledgeable drug defense lawyer can help you protect your rights, reputation, and interests. Contact Cohen Law Offices today for a confidential consultation with an experienced attorney to discuss your legal options for pursuing a favorable resolution to your case.

Your Rights When Charged with Domestic Abuse

Wed, 15 Jan 2025 15:57:15 GMT

When the police arrest you for allegedly committing domestic abuse, you have several critical rights as a suspect or defendant in the criminal justice system , including the right to remain silent, the right to legal counsel, the right to confront the prosecution’s evidence and witnesses, and the right to a fair trial. A criminal defense attorney can help you protect and assert these rights as you face investigation or prosecution for domestic violence.

The Right to Remain Silent

The right to remain silent protects you from law enforcement pressure or coercion to incriminate yourself in a crime. Under this right, you do not have to answer the police’s questions about your charges or any other activity. Exercising this right will help you avoid giving investigators incriminating information they can use in a trial or information that can help them further their investigation and find other adverse evidence.

The Right to an Attorney

Following an arrest, you have the right to speak to an attorney before the police can question you; you also have the right to have an attorney present if you agree to answer the police’s questions. You have the right to legal counsel at each stage of a criminal prosecution, beginning with your initial appearance before the court. When defendants cannot afford to hire private legal counsel, the court will appoint a public defender or pro bono attorney to represent the defendant.

The Right to Confront Adverse Evidence and Witnesses

During a criminal trial, you can challenge the admissibility, relevance, and persuasiveness of the prosecution’s evidence and witness testimony by presenting contrary evidence or testimony that undermines the prosecution’s case. In addition, you have the right to cross-examine the prosecution’s witnesses to contest the reliability of their testimony. When the prosecution seeks to introduce testimony from someone who will not take the stand during the trial, a defendant may file a motion to exclude that testimony from evidence.

The Right to a Fair Trial

Finally, you have the right to a fair and unbiased trial that follows all constitutionally guaranteed due process and procedures. A criminal trial presumes the innocence of a defendant unless the prosecution proves their guilt beyond a reasonable doubt. In most cases, a defendant has the right to have their innocence or guilt determined by a jury of citizens from the community; defendants can screen prospective jurors to ensure each person sitting on the jury will render an unbiased verdict based solely on the facts and evidence presented at trial and the law as given to the jury by the judge.

Contact a Criminal Defense Lawyer Today

If you face accusations of domestic violence, you have various rights that can protect your interests and help you seek a favorable resolution to your charges. Hiring an experienced domestic violence defense attorney can give you the advocacy and support you need to face prosecution. Contact Cohen Law Offices at (715) 514-5051 for a confidential consultation with a knowledgeable attorney to discuss your legal options.

How Many Years in Prison Can You Get for Trafficking Fentanyl?

duda_admin@thryv.com (admin admin) — Fri, 10 Jan 2025 00:28:44 GMT

With fentanyl abuse creating a severe public health emergency in Wisconsin and throughout the U.S., lawmakers have passed laws imposing harsh sanctions on individuals who traffic fentanyl into or around Wisconsin. Depending on the facts of a defendant’s case, a person may face years or decades in prison for trafficking fentanyl.

State Penalties for Fentanyl Trafficking

Under Wisconsin law , the grading of a fentanyl trafficking offense also depends on the quantity of drugs involved in a defendant’s case. A case involving 10 grams of fentanyl or less constitutes a Class E felony; more than 10 grams but less than 50 grams constitutes a Class D felony; more than 50 grams constitutes a Class C felony. Penalties for fentanyl trafficking convictions under state law include:

Class E Felony – Up to 15 years in prison, a fine of up to $50,000, or both
Class D Felony – Up to 25 years in prison, a fine of up to $100,000, or both
Class C Felony – Up to 40 years in prison, a fine of up to $100,000, or both

Potential Aggravating Factors

State and federal laws may impose additional or enhanced penalties for aggravating factors in a fentanyl trafficking case. For example, defendants may receive enhanced sentences or additional criminal charges if the fentanyl they distributed causes someone’s death from an overdose. Defendants may also face sentencing enhancements if they possess or use firearms in connection with their trafficking activities or if they have prior criminal convictions for drug offenses.

Contact a Criminal Defense Attorney Today

If you’ve been arrested and charged with fentanyl trafficking, you may face significant consequences if convicted. You need experienced legal advice and advocacy from a drug charges defense lawyer to guide you through your case. Contact Cohen Law Offices today for a confidential consultation with Attorney Cohen and his team to discuss your options for pursuing a favorable resolution to your charges.

How Criminal Defense Lawyers Can Help in OWI Cases

Fri, 03 Jan 2025 20:09:10 GMT

Operating While Intoxicated (OWI) charges are serious legal matters that can have significant consequences, including fines, license suspension, and even imprisonment. If you’ve been arrested for OWI, it’s essential to understand how a criminal defense lawyer can help navigate the complexities of your case. A skilled attorney with experience in OWI cases can provide invaluable assistance in protecting your rights, minimizing potential penalties, and ensuring that your case is handled properly.

Understanding the OWI Charge

An OWI charge occurs when a person operates a vehicle with a blood alcohol content (BAC) over the legal limit. However, an OWI charge can also be based on other impairing substances, such as drugs (legal or illegal) or prescription medications. The arrest often follows a traffic stop, where the officer may have observed signs of impaired driving or conducted field sobriety tests.

However, an OWI arrest doesn’t automatically mean a conviction. This is where a criminal defense lawyer plays a crucial role in ensuring that your rights are upheld throughout the process.

Challenging the Evidence

One of the most important ways a criminal defense lawyer can help is by challenging the evidence against you. In many OWI cases, the prosecution's case relies heavily on the results of a breathalyzer test or field sobriety tests. A skilled attorney can examine the evidence and question its accuracy. For example, breathalyzer tests are not infallible and can give inaccurate readings due to factors like faulty equipment, improper administration of the test, or even medical conditions that can affect the results.

Additionally, field sobriety tests, such as walking in a straight line or standing on one leg, are subjective and open to interpretation. Your lawyer can question the officer’s observations and the conditions under which the test was performed, potentially undermining the reliability of the results.

Investigating the Stop and Arrest

A criminal defense lawyer will thoroughly investigate the circumstances surrounding your arrest, focusing on whether proper protocol was followed. Law enforcement officers must have reasonable suspicion or probable cause to stop a vehicle. If the stop was based on insufficient evidence or a violation of your rights, your lawyer may be able to have the case dismissed.

Similarly, the officer must have probable cause to arrest you. If the arrest was made without probable cause, it could be deemed unlawful. A defense lawyer can scrutinize these details and challenge the validity of the arrest, which could result in the suppression of key evidence.

Negotiating a Plea or Alternative Sentencing

If the evidence against you is strong and a conviction seems likely, a criminal defense lawyer can still help by negotiating a plea deal or seeking alternative sentencing options. In many cases, an attorney can work out an agreement that reduces the severity of the penalties. For example, you may be able to avoid jail time by agreeing to attend alcohol treatment programs or perform community service.

An experienced lawyer can also advocate for a reduction in fines or a less severe license suspension, which can have a significant impact on your ability to work and maintain a livelihood.

Defending Against Enhanced Penalties

If this is not your first offense, or if there are aggravating factors such as extremely high BAC levels or endangering others while driving, you may face enhanced penalties. A criminal defense lawyer can fight against these enhanced charges by arguing mitigating factors that could reduce your sentence. They can also help you explore options for a diversion program or probation instead of more severe penalties like mandatory jail time.

A criminal defense lawyer is an essential ally when facing an OWI charge. From challenging evidence and questioning the arrest procedure to negotiating plea deals and minimizing penalties, an experienced attorney can significantly impact the outcome of your case. If you’ve been arrested for OWI, don’t navigate the legal system alone. Contacting a criminal defense lawyer will ensure that your rights are protected and that you receive the best possible defense.

For more info about this, contact us at Cohen Law Offices.

I Committed a Crime at 17. Will I Be Charged as an Adult?

Fri, 03 Jan 2025 17:13:15 GMT

In Wisconsin, if you commit a crime at 17, the law automatically treats you as an adult. Unlike most states that process 17-year-olds in the juvenile justice system, Wisconsin places you in the adult court system immediately. This means you face the same charges, penalties, and legal process as someone 18 or older. As a result, the consequences of a criminal conviction at 17 are potentially severe in Wisconsin.

The Difference Between Juvenile and Adult Justice Systems

The juvenile and adult justice systems in Wisconsin have key differences that impact how the courts handle cases. In the juvenile system, the focus is on rehabilitation and helping minors avoid a criminal future. Juvenile courts often use diversion programs, counseling, and education to help young offenders get back on track. The goal is to correct behavior rather than punish it harshly.

In contrast, the adult justice system prioritizes punishment and public safety. Adults face stricter penalties, including longer sentences and more severe consequences. The adult system also places less emphasis on rehabilitation and more on deterrence. For minors, being tried in the adult system means facing a legal process that is much less forgiving, with outcomes that can permanently affect their lives.

Potential Consequences of Adult Charges for Minors

When a minor is charged as an adult in Wisconsin, they face the same penalties as an adult, including lengthy prison sentences, hefty fines, and a permanent criminal record. Unlike in the juvenile system, where records can often be sealed or expunged, an adult conviction remains on your record for life. This can make it difficult to find employment, housing, or educational opportunities in the future. The lifelong impact of an adult conviction can hinder a young person’s ability to move forward, as they carry the burden of their criminal record into adulthood.

Additionally, minors tried in the adult system are more likely to be rearrested for both violent and non-violent crimes compared to those who stay in the juvenile system. The adult prison environment also poses significant risks for young people, who are more vulnerable to sexual and physical abuse . Juveniles in adult facilities are also at a much higher risk of suicide , up to 36 times greater than adults. These tragic outcomes highlight the dangers of treating minors as adults in the criminal justice system.

How a Wisconsin Defense Lawyer Can Help If You Face Criminal Charges at 17

If you face criminal charges at 17 in Wisconsin, a defense lawyer can make a big difference in your case. Even though the law requires that you be tried as an adult, an experienced attorney can still work to reduce or dismiss the charges against you or negotiate for a lighter sentence. They will protect your rights and guide you through the adult court system. While the law doesn’t allow for your case to move to juvenile court, a defense lawyer will fight for the most favorable outcome possible under the circumstances.

Contact an Eau Claire Defense Attorney Today

If you or your child has been charged as an adult at 17 in Wisconsin, don’t wait to get legal help. Call Cohen Law Offices today at (715) 514-5051 for an initial consultation. We will explain your options and fight for the best possible outcome for you. Contact us now to discuss your case and take the first step toward protecting your future.

Can the Police Search My Phone Without a Warrant?

Sat, 28 Dec 2024 14:49:33 GMT

The Fourth Amendment protects us from unreasonable searches and seizures by the government. It requires law enforcement to get a warrant before searching your property in most cases. This warrant must clearly describe where the police want to search and which items they are looking for. The goal is to protect your privacy and prevent the government from intruding into your personal life without a valid reason. But how does this law apply to cell phones?

Warrant Requirements for Phone Searches

Courts have ruled that the police need a warrant to search your phone since it contains a vast amount of personal information. To obtain a warrant for a phone search, law enforcement must convince a judge that there is probable cause to believe your phone contains evidence of a crime. The warrant must specify what data the police are allowed to search. If the police don’t have a warrant, any evidence they find on your phone could be inadmissible in court.

Exceptions to the Warrant Requirement

There are exceptions to the requirement for a phone search warrant. The most common exception is consent. If you voluntarily allow the police to search your phone, they do not need a warrant. Another possible exception exists if the police believe there is an immediate threat to public safety. If this type of emergency arises, the police could have grounds to search your phone without a warrant. However, these exceptions are limited, and police must be able to justify their actions in court.

What Does It Mean to Consent to a Phone Search?

When you consent to a phone search, you give the police permission to access your data without a warrant. However, consent searches can be risky because you might not fully understand the scope of what you’re agreeing to. The police could use powerful digital tools to extract all the data from your phone, not just what you intended to share. It’s important to know that you have the right to refuse a search and require a warrant instead.

Consequences of Warrantless Searches

If the police search your phone without a warrant, your attorney could move to suppress any evidence they find in court. This means asking the court to prohibit the prosecution from using the evidence against you since law enforcement obtained it illegally. A suppressed evidence ruling can weaken the prosecution’s case and possibly lead to a dismissal of charges.

Recent Case Studies

Recent legal cases, like Wisconsin v. Burch , highlight the ongoing legal debates over warrantless phone searches. In this case, the police received consent to download all the data from a suspect’s phone and later used it in an unrelated investigation. The case raised questions about the limits of consent and whether the police needed a separate warrant for the second investigation. These legal battles continue to shape how courts interpret our rights under the Fourth Amendment.

Contact a Criminal Defense Attorney in Wisconsin

If the police searched your phone without your consent or without a warrant, you need a strong defense to protect your rights. The team at Cohen Law Offices is ready to help. We will review your case and fight to keep illegally obtained evidence out of court. Call us today at (715) 514-5051 or contact us online to arrange your initial consultation and take the first step toward defending your privacy and freedom.

What Are the Charges for Possession of a Firearm While Intoxicated?

Mon, 23 Dec 2024 06:41:10 GMT

When you carry a firearm while under the influence of alcohol or drugs in Wisconsin, you might not realize that you may have violated state criminal law. A person who possesses a firearm while intoxicated can face criminal charges for that possession; they may face additional charges if they choose to brandish or discharge that firearm while intoxicated.

Understanding Wisconsin’s Firearm Laws

Under Wisconsin law , a person commits the crime of endangering safety by use of a dangerous weapon if they operate or arm themselves with a firearm while under the influence of an intoxicant or having a detectable amount of a controlled substance in their blood. A person may become “under the influence of an intoxicant” when they have a significant amount of alcohol in their system – many people begin to display signs of intoxication when they have a breath or blood alcohol concentration of 0.08 percent or more.

Possessing a firearm while intoxicated can result in a criminal charge. However, using that firearm can increase the potential penalties for a conviction under the endangering safety by use of dangerous weapon statute. Defendants can also face additional charges, such as assault or homicide.

Possible Defense Strategies

Common defense strategies that defendants pursue to fight charges of possession of a firearm while intoxicated include:

Lack of Evidence of Intoxication – Defendants may contest the sufficiency of the prosecution’s evidence of their intoxication when they possessed or operated a firearm.
Valid Prescription – A defendant has a defense to a charge if they have a valid prescription for the controlled substance detected in their bloodstream.
Lack of Possession – Defendants may argue that the prosecution lacks sufficient evidence to prove they had physical possession of a firearm while intoxicated by alcohol or drugs.
Mistaken Identity or Alibi – A defendant may deny possessing or operating a firearm by challenging the reliability of eyewitness identification. Similarly, they may present alibi evidence to show they were elsewhere when the individual brandished or fired the firearm.
Unlawfully Obtained Evidence or Statements – Defendants may contest the lawfulness of the police’s search or interrogation to exclude evidence or statements obtained in violation of their rights.

Long-Term Consequences of a Conviction

A conviction for possession of a firearm while intoxicated can have significant penalties and consequences. Possessing a firearm under the influence of alcohol or drugs in Wisconsin constitutes a Class A misdemeanor, punishable by up to nine months in jail, a fine of up to $10,000, or both. However, the grading for the offense can increase when a person discharges their firearm while intoxicated. A conviction will also result in a criminal record that can make pursuing employment, housing, or educational opportunities more challenging due to the stigma of an offense involving intoxication and possession of weapons.

Contact a Criminal Defense Attorney Today

Following an arrest for possession of a firearm while intoxicated, you need experienced legal representation to protect your rights and future. Contact Cohen Law Offices by calling us today at (715) 514-5051 for a confidential consultation with a weapons crimes defense attorney to learn how our firm can help you resolve your charges favorably.

New PTSD Treatments May Affect Sentencing in Some Criminal Cases

Fri, 20 Dec 2024 19:38:03 GMT

Post-traumatic stress disorder (PTSD) is a mental health condition that often affects combat veterans and others who have experienced severe trauma. PTSD can cause a range of symptoms, including flashbacks, nightmares, and intense emotional reactions. In the legal system, PTSD plays a significant role in some criminal cases, particularly when it comes to sentencing.

Courts sometimes consider PTSD as a mitigating factor. That means the court can factor this condition into its sentencing decision to reduce the severity of a defendant’s sentence. However, this consideration depends on the evidence available and the specific circumstances of the case.

Historically, courts have viewed PTSD as a long-term condition without a cure, which influenced their sentencing decisions. This perspective is changing as new treatments emerge, which could alter how courts handle cases involving defendants with PTSD.

Recent Legal Developments: The Impact of New PTSD Treatments

Recent legal developments highlight the growing importance of new PTSD treatments in criminal sentencing. For example, in the case of State v. Schueller , the Wisconsin Court of Appeals ruled that evidence of new PTSD treatments could affect a defendant’s sentence.

Schueller, a Vietnam War veteran, argued that new therapies had significantly reduced his PTSD symptoms, making his condition treatable. The court recognized these treatments as a “new factor” that was not available during Schueller’s original sentencing.

This ruling marks a shift in how courts might approach cases involving PTSD. It opens the door for other defendants to seek sentence modifications based on advancements in PTSD treatment, demonstrating the legal system’s evolving views on mental health and sentencing.

How New PTSD Treatments Could Influence Sentencing

New treatments for PTSD, such as cognitive processing therapy (CPT) and prolonged exposure therapy (PET), have shown significant success in reducing symptoms for many patients. These treatments help patients manage their PTSD symptoms and, in some cases, even eliminate the condition.

These advancements could play a significant role in the context of criminal sentencing. Courts that previously viewed PTSD as a permanent, untreatable condition might now reconsider their stances upon receiving evidence of effective treatment.

Defendants with PTSD who show significant improvement or recovery through these therapies could argue for reduced sentences. This possibility reflects a more nuanced approach to sentencing, where mental health advancements directly influence legal outcomes.

The Role of Expert Testimony in Sentencing Modifications

Expert testimony is vital when seeking a sentence modification based on new PTSD treatments. A well-prepared expert report can present new medical evidence for courts to consider. For instance, in the case of State v. Schueller, an expert provided a report detailing the effectiveness of CPT and PET for treating PTSD. This report introduced new facts that were not available during the original sentencing, leading the court to reconsider Schueller’s sentence.

In light of recent medical advancements, some defendants could present expert testimony highlighting the effectiveness of new treatments to argue for sentence modifications. This testimony could sway court decisions, especially if outdated views on PTSD treatment influenced the original sentences.

Contact a Wisconsin Defense Attorney

If you have been charged with or convicted of a crime and believe new PTSD treatments could impact your case, contact Cohen Law Offices today. Our defense team understands the importance of presenting the latest medical evidence to support your case. We are here to help you explore all your legal options and fight for a fair sentence. Call us now at (715) 514-5051 for an initial consultation.

Can Prior Acts or Criminal Convictions Be Used Against Me in Sexual Assault Cases?

Wed, 18 Dec 2024 14:43:51 GMT

If you face prosecution for sexual assault, you may wonder whether the prosecutors will bring up past sexual assault or other criminal acts or convictions during your trial. Although the law generally prohibits the introduction of a defendant’s prior acts or criminal history during trial, prosecutors may use these past events in limited circumstances, usually to refute a defense claim rather than to show that the defendant committed the crime because they have a “criminal” nature.

Prior Acts and Convictions Typically Inadmissible

The rules of evidence typically preclude the admission of a defendant’s prior criminal convictions. This is due to the risk of prejudicing the jury into believing that the defendant’s past criminal behavior serves as evidence that they committed the present charged offense. The criminal justice system ensures that a jury convicts a defendant based on the evidence from the present case, not for things that the defendant did in the past. Prosecutors may not seek convictions by arguing that a defendant has a “character” or tendency to commit crimes. However, there are some circumstances in which prosecutors can bring evidence of prior convictions into the courtroom. One of those situations is when a defendant chooses to testify and puts their credibility at issue in the case. The prosecution may present evidence that the defendant has been convicted of a crime before and the number of convictions because criminal convictions are relevant to the jury’s determination of the defendant’s credibility.

Situations Where Prosecutors Can Introduce Prior Acts

Typical situations where trial courts may allow prosecutors to introduce evidence of a defendant’s prior acts include:

Pattern or Motive – Courts sometimes allow using a defendant’s prior convictions to demonstrate a pattern of behavior or similar motive.
Absence of Mistake – In some circumstances, prosecutors may use a defendant’s prior convictions to refute a defendant’s claim of mistake of fact by showing that they’ve committed and received convictions for similar offenses in the past.

Wisconsin Courts Have Held that Prior Conviction Evidence is Admissible in Certain Sexual Assault Cases

In a recent case , the Wisconsin Court of Appeals applied the state’s prior-conviction statute to a sexual assault case. The state charged the defendant with two counts of first-degree sexual assault of a child. Pre-trial, the state moved under the prior-conviction statute to admit proof that the defendant had a 1984 Minnesota conviction for sexually assaulting a child. The trial court denied the motion, finding that the factual dissimilarities between the Minnesota conviction and the present case outweighed the similarities.

The Wisconsin Court of Appeals held that the trial court erred in finding dissimilar circumstances between the Minnesota and present cases; the court of appeals held that the prior-conviction statute did not require identical circumstances but instead followed the “greater latitude rule.” However, the court of appeals noted that the prosecution could only use the fact that the prior conviction occurred, not the details underlying that conviction.

Contact a Criminal Defense Lawyer Today

If you were arrested and charged with sexual assault in Wisconsin, you need highly experienced legal advocacy to protect your rights and interests in the criminal justice system. Contact Cohen Law Offices by calling us today at (715) 514-5051 for a confidential consultation with a dedicated criminal defense attorney .

Understanding Your Miranda Rights Is Critical in Homicide Defense

Wed, 18 Dec 2024 05:21:22 GMT

Miranda rights, which the U.S. Supreme Court established in the landmark case Miranda v. Arizona (1966) , play a crucial role in police interrogations. Under federal law, police officers must inform anyone they take into custody of their Miranda rights before questioning. These rights, which include the right to remain silent and the right to have an attorney present, aim to prevent self-incrimination and ensure fair treatment.

However, factors like language barriers, age, and coercion can affect how well people understand these rights. Two recent case studies demonstrate the importance of this understanding in criminal cases involving homicide charges and other serious allegations.

The Impact of Language Barriers on Understanding Miranda Rights

In one recent case underscoring the importance of accurate communication during legal proceedings, a Chippewa Falls man charged with attempted first-degree intentional homicide is challenging the admissibility of his police interview.

Abraham Sanchez-Galicia, who primarily speaks Spanish, was interviewed by police officers following his alleged involvement in a violent altercation where he repeatedly stabbed his friend with a broken beer bottle. His defense team argues that Sanchez-Galicia was not properly informed of his Miranda rights following the incident.

The crux of the defense’s argument is that police delivered the Miranda warning through an impromptu translation by a bilingual police officer rather than a certified interpreter. According to the defense, this translation was insufficient to ensure that Sanchez-Galicia fully understood the rights he was waiving.

Given the high stakes of the charges, the accuracy and clarity of the Miranda warning are vital. The defense contends that the poor translation rendered Sanchez-Galicia incapable of knowingly and intelligently waiving his rights, so his statements during the interview should be inadmissible.

The Role of Age and Coercion in Understanding Miranda Rights

Another case , this one out of Manitowoc, presents a compelling example of how age and possible coercion can influence a suspect’s understanding and exercise of their Miranda rights. Damian L. Hauschultz, who was just 14 when he was implicated in the tragic death of his seven-year-old cousin, is currently serving a 20-year sentence for reckless homicide.

The incident, which involved Ethan being beaten, then forced to carry a heavy log, and subsequently buried in the snow as punishment, resulted in Ethan’s death from hypothermia and blunt force injuries. Hauschultz, who supervised the punishment at his father’s direction, later admitted to his involvement during police interrogations.

However, the legality of those admissions is now under scrutiny. Hauschultz’s defense team has filed an appeal, arguing that he did not make his statements to the police voluntarily. They contend that due to his young age, Hauschultz did not feel he had the freedom to end the interrogations or fully comprehend the Miranda warning he received.

The appeal also raises concerns about the circumstances of the interrogation, suggesting that Hauschultz might have been subjected to undue pressure, which could have compromised the voluntary nature of his statements.

Hauschultz’s legal team has petitioned the Wisconsin Supreme Court to review the case, raising questions about the broader implications of how Miranda rights are understood by minors.

Contact a Wisconsin Defense Lawyer Now

If you’re facing criminal charges in Wisconsin, you need a defense attorney who understands the importance of protecting and asserting your Miranda rights. Call Cohen Law Offices today at (715) 514-5051 or contact us online to arrange your initial consultation. We’ll explain your rights and defend you with the care and attention you deserve.

How Can a Criminal Defense Attorney Help with OWI/DUI Charges?

Mon, 16 Dec 2024 04:49:40 GMT

A driver may face prosecution for OWI/DUI in Wisconsin after driving or operating a motor vehicle while under the influence of an intoxicant or controlled substance that renders them incapable of driving safely. Police-obtained breathalyzer or blood test results are compelling evidence that can be hard to refute, which is why it’s so important to get help from a seasoned criminal defense attorney. Some benefits of hiring legal counsel for a DUI case include the lawyer's knowledge and experience, their ability to create a defense strategy, their negotiation skills, and their ability to argue persuasively in court.

Legal Experience

A criminal defense attorney will thoroughly understand Wisconsin's DUI laws and know how to review evidence in a DUI case, such as police reports, arrest records, and chemical test results. The attorney's legal knowledge and experience with DUI cases can allow them to identify potential defense strategies based on the facts of a defendant's case.

Crafting a Compelling Defense Strategy

Although the prosecution may seem like it has an airtight case, a criminal defense attorney can identify potential defense strategies that may help a defendant avoid a conviction or minimize the harshness of a sentence after a conviction. Common defenses a DUI attorney might pursue include:

Challenging field sobriety or chemical test results by highlighting the officers' failure to follow testing protocols or using uncalibrated or contaminated testing equipment
Challenging the legality of the traffic stop by showing the arresting officer lacked reasonable suspicion of DUI or another traffic offense
Presenting evidence of the defendant's medical conditions or medications that may have affected their behavior or test results

Negotiating for Reduced Charges or Sentencing

A skilled defense attorney may vigorously advocate on your behalf to obtain lesser penalties when the prosecution has a solid case to obtain your conviction. For example, an attorney may convince prosecutors to agree to a plea deal involving a charge of reckless driving instead of OWI/DUI. An attorney can also help first-time DUI defendants obtain admission to the Treatment Alternatives and Diversion Program. Finally, a persuasive legal advocate can argue on your behalf to convince the court to impose less than the maximum possible penalty for a DUI conviction.

Representation in Court

A defense attorney can appear on your behalf during all court proceedings to advocate for your rights and interests and prepare you for what to expect at each court appearance. An attorney can also file pre-trial motions to challenge the admissibility of the prosecution's case or the sufficiency of evidence to bring you to trial. Suppose you choose to fight a DUI charge. In that case, an attorney can present a compelling defense case at trial to highlight deficiencies in the prosecution's evidence and argue how the state's case fails to prove guilt beyond a reasonable doubt.

Contact a Criminal Defense Lawyer

If you’ve been arrested for DUI, get the legal help you need to pursue a favorable resolution to your charges. Call Cohen Law Offices today at 715-514-5051 for a confidential consultation with an experienced criminal defense attorney to discuss your legal options for fighting OWI/DUI Charges in Wisconsin.

Understanding Wisconsin Gun Laws for Hunters and Sportsmen

Wed, 11 Dec 2024 22:20:10 GMT

Wisconsin residents who partake in hunting or sport shooting should familiarize themselves with the state’s firearm laws and hunting regulations to ensure they do not inadvertently violate the law. Violations may result in consequences such as loss of hunting licenses, fines, or, in some cases, criminal charges.

Firearm Licenses and Permits

In Wisconsin , an individual 18 or older may lawfully own or possess a firearm. A person does require a license or permit to purchase a firearm for hunting or sport shooting. However, a person purchasing a firearm from a federally licensed firearms dealer must submit to a background check. Furthermore, a person must obtain a license to carry a concealed weapon in Wisconsin.

Firearms Allowed for Hunting

Under Wisconsin law , a person may not hunt with weapons other than a rifle, shotgun, handgun, bow and arrow, or crossbow. However, hunters may not use a machine gun or a fully automatic weapon. Hunters may not use or possess a shotgun larger than 10 gauge when hunting game birds. Furthermore, deer hunters may not hunt with any gun other than a muzzle-loading firearm during a muzzleloader-only hunt. Finally, hunters may not hunt migratory birds with a shotgun that can hold more than three shells unless they have modified the shotgun with a plug unremovable without disassembling the weapon to prevent the shotgun from accepting more than three shells in the magazine and chamber combined.

Open Carry vs. Concealed for Hunters

Hunters who wish to concealed carry their firearms must possess a concealed carry license. Wisconsin only issues concealed carry licenses to people 21 and older and not otherwise prohibited from possessing firearms. Furthermore, only people 18 and older may lawfully open carry firearms in Wisconsin.

Hunting Season Restrictions

Wisconsin sets specific date ranges for when hunters may hunt specific types of game and the specific weapons they may use. Hunting a specific type of game or using a weapon outside the prescribed hunting season may lead to penalties for hunters. The state also sets aside designated periods for hunters with disabilities to hunt, as they may use accommodations not permitted for other hunters.

Hunting on Private vs. Public Lands

Wisconsin allows hunting on many state-owned lands . Public lands either have signage permitting hunting, or hunters can contact the Wisconsin Department of Natural Resources. Furthermore, some private landowners have opened their property to the public for recreation, including hunting. The state operates the Voluntary Public Access and Turkey Hunter Access programs to create a directory of private lands where the public may hunt without specific permission from the property owner. Otherwise, hunters wishing to hunt on other private lands must obtain permission from the property owner.

Contact a Criminal Defense Attorney Today

If you are arrested and charged with a weapons crime while hunting or sport shooting, you need experienced legal guidance from Attorney Cohen and his team to defend your rights, reputation, and future. Contact Cohen Law Offices by calling us today at (715) 514-5051 for a confidential consultation with a weapons defense lawyer to discuss your options for resolving your charges.

Common Defenses for Homicide Charges in Wisconsin

Wed, 27 Nov 2024 05:59:43 GMT

A person facing prosecution for homicide in Wisconsin may pursue various defense strategies to undermine the strength of the prosecution’s case and seek a dismissal, acquittal, or a jury verdict on a lesser included offense. Let’s explore some of the most common defenses raised in Wisconsin homicide cases.

Self-Defense

In Wisconsin , a person may claim self-defense. Wisconsin's self-defense laws allow individuals to use force against another person to prevent or terminate what they reasonably perceive as unlawful interference with their person by the other individual. In other words, people may use force to protect themselves from injury caused by another individual's aggression or violent behavior if they reasonably believe the other individual's actions threatened their life or safety.

However, a valid exercise of self-defense requires a person to use a level of force proportional to the force used upon them and necessary to protect themselves from injury. In a homicide case, a person must prove that they faced a threat of severe or fatal injury to justify the use of deadly force in self-defense.

Defense of Others

Self-defense laws also entitle people to use force to protect others from the violent behavior of third parties. For example, a person may intervene in a violent altercation to protect the victim from further harm. However, the same limits on the degree of force in a self-defense claim apply to a defense of others.

Lack of Intent

A defendant may avoid conviction or reduce the grading of their charge by claiming they lacked the state of mind required by the charged homicide offense. For example, first-degree intentional homicide requires the prosecution to prove the defendant intended and premeditated the murder. However, a defendant might argue that the victim's death resulted from a tragic accident or that the victim's conduct provoked a "passion" in the defendant that prevented them from forming the necessary intent for first-degree intentional homicide.

Mental Illness

Defendants might pursue an "insanity" defense to obtain a verdict of not guilty by reason of mental disease or defect. A successful insanity defense may allow a defendant to avoid incarceration. However, the court may order the defendant committed to a psychiatric hospital or facility for treatment of the defendant's mental illness. An insanity defense requires a defendant to prove that they had a mental illness that prevented them from understanding the difference between right and wrong or appreciating the nature and consequences of their conduct.

Alibi/Mistaken Identity

Defendants may challenge the prosecution's evidence identifying them as the perpetrator of a homicide, such as DNA or forensic evidence, video footage, or eyewitness testimony. Alternatively, a defendant may present alibi evidence to show that they were elsewhere when the homicide occurred, and thus, they could not have committed the crime.

Contact a Homicide Defense Lawyer Today

If you’re facing homicide in Wisconsin, get the experienced legal advocacy you need to vigorously defend your rights and interests. Call Cohen Law Offices today at 715-514-5051 for a confidential consultation with a criminal defense attorney to discuss your options for fighting homicide charges.

What Is the Difference Between Sexual Assault and Harassment?

Fri, 22 Nov 2024 05:23:03 GMT

Sexual assault and sexual harassment are similar-sounding terms with distinct meanings. Sexual harassment remains a civil matter, while sexual assault crosses the line into criminal behavior. Targets of sexual harassment or assault can seek relief and justice in court, whether by filing a harassment or personal injury lawsuit or a criminal complaint after suffering sexual assault.

The Definition of Sexual Harassment

Wisconsin statutes define sexual harassment to include unwelcome sexual advances, unwelcome requests for sexual favors, unwelcome physical contact of a sexual nature, or unwelcome physical or verbal conduct of a sexual nature. Unwelcome verbal or physical conduct of a sexual nature can involve deliberate, repeated unsolicited gestures or comments of a sexual nature or the repeated display of sexually graphic materials. A person’s behavior may qualify as sexual harassment, whether it’s against another person of the same or opposite gender and regardless of each person’s sexual orientation.

Understanding Sexual Assault

Under Wisconsin criminal law , a person commits sexual assault when they have sexual contact or intercourse with another person without that person's consent. The law defines sexual contact as:

Intentional touching for sexually degrading or humiliating a victim or sexually gratifying or arousing the perpetrator
Intentional touching of a victim's intimate parts
Forcing a victim to touch a perpetrator's intimate parts

Sexual intercourse includes vaginal and anal intercourse, oral sex, and the insertion of any object into another person's genital or anal opening.

A person who engages in sexual assault may be criminally prosecuted and face imprisonment and other penalties upon a conviction.

Key Differences Between Sexual Assault and Harassment

Although sexual harassment can eventually lead to sexual assault, the two concepts have several critical differences, including:

Nature of the behavior: Harassment frequently involves verbal and non-physical conduct, although it can sometimes escalate to unwanted physical touching, such as non-consensual hugs, rubbing, or kisses. Conversely, sexual assault always involves non-consensual physical touching, such as sexual intercourse or touching of intimate parts.
Intent and effects: Sexual assault involves violating a person’s bodily autonomy by forcing them to engage in sexual activity. Conversely, sexual harassment may arise from unrequited sexual interest in another person. Sexual harassment can also create a hostile environment in a workplace, school, or another place of public accommodation.
Legal consequences: Sexual harassment typically leads to a civil lawsuit, including claims under Title VII or Title IX of the Civil Rights Act, claims under other employment statutes, or restraining order proceedings. Conversely, a person who commits sexual assault may face criminal prosecution, which can result in a sentence that includes incarceration, fines, restitution obligations to the victim, and the requirement to register as a sex offender.

Contact a Criminal Defense Lawyer Today

If you’ve been accused of sexual assault or harassment in Wisconsin, you need experienced legal counsel to defend your rights, reputation, and freedom. Call Cohen Law Offices today at 715-514-5051 for a confidential consultation with an experienced criminal defense attorney to learn how our firm will fight for a favorable resolution to your charges.

Why Choosing the Right Criminal Defense Attorney Matters in Court

Tue, 22 Oct 2024 16:32:19 GMT

The Constitution guarantees all criminal defendants the right to legal counsel, but not all lawyers are created equal. Without assistance from a skilled attorney, you could go to jail without the chance to fully defend yourself in court, which should not happen to anyone.

A recent case in Wisconsin illustrates the potential dangers of hiring a subpar defense attorney. Here’s what you should know—and how you can avoid finding yourself in similar circumstances.

State v. Molde: A Case Study in Ineffective Legal Counsel

In the case of State v. Molde , a jury found Jobert Molde guilty of first-degree sexual assault of a child in Wisconsin after his young daughter alleged he had raped her. Molde later appealed, arguing his trial attorney provided ineffective legal counsel. Specifically, Molde argued that his attorney failed to object to damaging testimony from an expert witness who stated that only 1 percent of child sexual abuse reports are false. This statistic was highly prejudicial because it implied that the victim’s testimony was almost certainly truthful, potentially swaying the jury.

After a circuit court dismissed his initial appeal, Molde filed another appeal. This time, the Wisconsin Court of Appeals agreed with Molde’s argument , ruling that the defense attorney’s failure to challenge this testimony constituted ineffective legal counsel. The court emphasized that it is not the role of expert witnesses to provide statistical data that could unduly influence the jury’s assessment of a victim’s credibility. By allowing the expert’s statement to go unchallenged, Molde’s attorney undermined the fairness of the trial.

The appellate court found that this error by Molde’s defense lawyer likely impacted the case’s outcome. As a result, the court granted Molde a new trial.

Warning Signs of Ineffective Legal Counsel

The appeals court’s decision in the Molde case serves as a reminder that having a skilled attorney—or not having one, as the case may be—can significantly affect a trial’s outcome. But how do you know when your defense attorney isn’t doing their job effectively if you’re not a lawyer? Here are some things to watch out for:

Poor Communication: Lawyers who rarely respond to calls or emails, or fail to keep you informed about case developments, may not be giving your case proper attention.
Missed Deadlines: Failing to file important documents on time or missing court dates can seriously harm your case and indicate negligence.
Pressuring You to Plead Guilty: A lawyer who pushes you to take a plea deal without considering other options might not be fighting hard enough for you.
Lack of Thorough Investigation: An effective lawyer should conduct a thorough investigation of your case, including gathering evidence and interviewing potential witnesses. Failure to do so could indicate negligence.
Unfamiliar with Your Case Details: If your attorney doesn’t know the facts of your case, it’s a red flag that they’re not fully engaged.
Lack of Attention to Detail: Frequent errors in documents, misunderstanding of facts, or overlooking important details can indicate carelessness.
No Clear Strategy: If your lawyer can’t explain their defense strategy or keeps changing their approach, they may be unprepared.
Ethical Concerns: Any behavior that seems unethical, such as suggesting you lie or withhold information, is a major red flag.

Trust Cohen Law Offices to Vigorously Defend Your Rights and Interests

Since 1991, the Eau Claire criminal defense attorneys at Cohen Law Offices have consistently shown that we are capable and aggressive advocates for defendants like you. No matter what charges you face or how dour your situation seems, our attorneys can provide the comprehensive legal support you need. Call (715) 814-8058 today or complete our contact form for confidential consultation.

Strategies for Defense: What You Should Know About Claiming Self-Defense

websitebuilder@thryv.com — Tue, 15 Oct 2024 23:04:41 GMT

Under Wisconsin law , people can use deadly force in self-defense if they reasonably believe it’s necessary to prevent imminent death or great bodily harm. The force used in self-defense must be proportional to the threat they face.

Defendants have a limited right to claim self-defense, or they can lose this right entirely, if they provoke an attack. If someone provokes an attack through unlawful actions, they generally cannot claim self-defense unless the situation escalates to the point where they reasonably believe they’re in danger of death or great harm. In that case, they can act in self-defense, but only after exhausting all other reasonable means of escape. Finally, if someone intentionally provokes an attack as an excuse to inflict harm, they cannot claim self-defense.

Wisconsin’s Self-Defense Laws in Action

One noteworthy recent example of the nuances of Wisconsin’s self-defense laws is the case of Nathan Monkelien . Monkelien faces first-degree intentional homicide charges related to the deaths of Manuel and Luis Garcia Salas after shooting both men outside a bar in Ashland.

Monkelien and his legal team argue he killed the men in self-defense. His defense attorneys recently submitted video evidence that they say shows Manuel Salas advancing toward Monkelien with what looks like a utility knife. The video reportedly shows Monkelien retreating while Manuel swung and twirled the object. Monkelien then fired multiple shots at close range, killing both men.

As part of their self-defense argument, Monkelien’s defense team has emphasized that the victims had high levels of alcohol and methamphetamines in their systems, which may have contributed to their aggressive behavior. They argue that Monkelien acted out of a reasonable fear for his life, making the use of deadly force justified under Wisconsin’s self-defense laws.

However, the fact that Monkelien fled the scene after the shooting, resisted arrest, and allegedly had amphetamines in his system at the time of his arrest could undercut his defense. Monkelien’s attorneys claim that he fled out of panic, not guilt, and attributed the presence of amphetamines in his system to prescription medication.

Details Matter When Claiming Self-Defense

The Monkelien case demonstrates how self-defense claims hinge on the specific details of an altercation and the accused’s behavior. While Monkelien’s defense team argues their video evidence shows he had a reasonable fear of severe injury or death, a jury might not see it that way, particularly since Monkelien may have had a mind-altering substance in his system when he shot the two men.

If you want to claim self-defense in a Wisconsin criminal case, it’s vital to work with an experienced attorney. A Wisconsin criminal defense lawyer can gather evidence to help demonstrate why you had a reasonable fear of severe injury or death and that you had no other option than to use force to defend yourself. A knowledgeable attorney can also help you present the evidence in a clear and compelling way to show why you had to use force when defending yourself.

Don’t risk your freedom and future by not hiring a dedicated attorney to support your self-defense claim. Call Cohen Law Offices today at (715)-814-8058 for a confidential consultation, or you can contact us online .

Understanding the Repercussions of a Weapon Charge

websitebuilder@thryv.com — Fri, 27 Sep 2024 05:53:04 GMT

The possession of a weapon comes with great responsibility, especially when it is a dangerous one. While there are laws and regulations to regulate the ownership and carrying of weapons, some individuals may attempt to conceal their weapons to avoid legal consequences. However, concealing a dangerous weapon can have severe repercussions. In this article, we will explore the potential consequences of concealing a dangerous weapon and what you should do if you face a weapon charge.

Legal Consequences

When someone is caught concealing a dangerous weapon, they are typically charged with a criminal offense. The specific charge can vary depending on the type of weapon, the intent behind carrying it, and the jurisdiction in which the arrest occurred. Generally, individuals may face charges such as unlawful possession of a weapon, carrying a concealed weapon without a permit, or even more severe charges if the weapon was intended for use in a criminal activity.

The legal penalties for weapon charges can range from fines and community service to significant jail or prison sentences. For instance, first-time offenders might receive a lighter sentence compared to repeat offenders or those with a history of violent crimes. However, even a first offense can lead to profound personal and professional consequences, including a permanent criminal record.

Impact on Personal and Professional Life

The repercussions of being found guilty of concealing a dangerous weapon extend beyond legal penalties. A criminal conviction can tarnish an individual's reputation, affecting relationships with family, friends, and colleagues. The stigma associated with a weapon charge can lead to ostracism and a sense of isolation.

Professionally, a weapon conviction can be devastating. Many employers conduct background checks, and a criminal record can significantly diminish job prospects. Certain professions, particularly those requiring a high level of trust and integrity, may become entirely inaccessible. Additionally, those already employed may face job termination or suspension, limiting future career advancement opportunities.

Effects on Civil Rights

A conviction for concealing a dangerous weapon can also impact an individual's civil rights. While it varies, in most jurisdictions, individuals with felony convictions forfeit their rights to vote, serve on juries, and possess firearms. This loss of civil rights can be particularly disheartening, as it strips individuals of their ability to participate fully in civic life and exercise their fundamental rights.

While some of these rights might be reinstated after a certain period or through a legal process, the journey can be lengthy and complex. The assistance of knowledgeable criminal lawyers can be pivotal in navigating the legal avenues for restoring one's civil rights post-conviction.

The Role of Criminal Lawyers

Given the severe consequences of weapon charges, seeking the expertise of a seasoned criminal lawyer is imperative. Criminal lawyers specialize in defense strategies that can mitigate charges or reduce sentencing. They can scrutinize the circumstances of the arrest, identify any procedural errors, and present compelling arguments in court.

A skilled lawyer can also provide valuable guidance throughout the legal process, ensuring that the defendant understands their rights and options. They can negotiate plea deals, advocate for alternative sentencing, or even work towards having charges dismissed altogether. Enlisting a proficient criminal lawyer can significantly influence the outcome of a weapon charge case, offering a glimmer of hope amidst daunting challenges.

Concealing a dangerous weapon can have severe repercussions, both legally and personally. From hefty fines and jail time to damaging an individual's reputation and civil rights, the consequences of this offense are far-reaching. Individuals need to understand and abide by weapon laws to avoid these repercussions. In the case of a weapon charge, seeking the assistance of experienced criminal lawyers can make all the difference in navigating the complex legal process and potentially minimizing the impact of such charges on one's life.

If you need criminal defense, contact one of our experienced lawyers at Cohen Law Offices. We'll support you through your case and make sure your rights are upheld.

What It Means for You: Treatment Alternatives and Diversion Program (TAD) for Non-Violent Offenses

Mon, 09 Sep 2024 16:26:43 GMT

If you were charged with a non-violent offense in Wisconsin, particularly one involving substance abuse, you may be eligible for the Treatment Alternatives and Diversion (TAD) program. This innovative approach to criminal justice can have significant benefits for eligible offenders. Following is an explanation of what TAD means for you and how it might impact your case.

Understanding TAD

The Treatment Alternatives and Diversion (TAD) program was established in 2005 to provide alternatives to incarceration for non-violent adult offenders whose criminal activity was influenced by substance abuse. TAD operates in 57 counties and 3 tribes across Wisconsin, offering a range of pre-charge and post-charge diversion programs and treatment court options.

Key Benefits of TAD

Participation in the Treatment Alternatives and Diversion program can offer several significant advantages for eligible offenders:

Avoid Incarceration: TAD provides an opportunity to avoid jail or prison time, allowing you to maintain your job, family connections, and community ties.
Address Underlying Issues: Instead of punitive measures, TAD focuses on treating substance abuse problems that may have contributed to your offense.
Reduced Recidivism: By addressing root causes, TAD aims to lower the likelihood of repeat offenses, benefiting both participants and the community
Cost-Effective: TAD programs are often more cost-effective than incarceration, saving taxpayer money while providing better outcomes for participants.

How TAD Works

If you're eligible for TAD, you may be offered one of two main program types:

Diversion Programs: These typically occur early in criminal proceedings. You may have the opportunity to avoid charges altogether by completing specific requirements.
Treatment Courts: These specialized court programs provide intensive supervision and treatment services, often as an alternative to traditional sentencing.

Both options typically involve substance abuse treatment, case management, and other services designed to reduce your risk of reoffending.

Eligibility and Participation

Eligibility for TAD varies by county and program type. Generally, you must:

Be an adult charged with a non-violent offense
Have a substance abuse issue that contributed to your criminal behavior
Be willing to participate in treatment and follow program requirements

Participation in TAD is voluntary but requires commitment. You must comply with all program requirements, including regular court appearances, drug testing, counseling, and community service.

The Impact on Your Case

Successfully completing a TAD program can have significant positive impacts on your case. Depending on the specific program and circumstances, this could mean:

Charges being reduced or dismissed
Avoiding a criminal conviction on your record
Receiving a more lenient sentence

However, failing to complete the program may result in your case returning to traditional court proceedings.

Why Legal Representation Matters

While TAD offers many benefits, determining the best course of action for your case and managing the legal system requires understanding the process. At Cohen Law Offices, our experienced criminal defense attorneys can:

Assess your eligibility for TAD programs

Advocate for your participation if appropriate
Ensure your rights are protected throughout the process
Guide you through program requirements
Represent you if complications arise

Every case is unique, and TAD may not be the best option for everyone. Our team at Cohen Law Offices is committed to providing personalized, strategic defense to achieve the best possible outcome for your situation.

If you're facing criminal charges and believe you might be eligible for a TAD program, don't wait. Contact Cohen Law Offices today at (715) 814-8058 to schedule a consultation. Let us help you explore all available options and fight for your future.

Wisconsin’s Laws Surrounding Juvenile Defendants & Juvenile Courts

Mon, 02 Sep 2024 18:40:20 GMT

One juvenile case in Milwaukee has recently drawn significant media attention . The case involves a 12-year-old boy facing charges for killing his mother two years ago when he was ten. Reports indicate the boy was angry because his mother refused to buy him something he wanted and woke him up early one morning. Prosecutors say the boy, whose name has not been released to the media, took his mother’s key to unlock a gun case and then used the gun to shoot her.

Initially, authorities charged the boy with first-degree reckless homicide. Later, prosecutors upgraded the charge to first-degree intentional homicide. The boy remains in custody while the court considers whether to try him as an adult or transfer his case to the juvenile system. Many local religious and community groups support this move, arguing that legislators should revise Wisconsin’s juvenile justice laws to be more like those in other states. The court’s decision will affect this young boy’s future and could also lead to significant changes in how Wisconsin handles juvenile cases.

Age and Legal Responsibility in Wisconsin

In Wisconsin, prosecutors can try children as adults for certain serious crimes when they are as young as ten. These crimes include first-degree intentional homicide and first-degree reckless homicide. The state also automatically charges 17-year-olds as adults for all criminal charges. However, lesser charges typically begin in juvenile court. The juvenile court system focuses on rehabilitation and education, offering a better chance for young offenders to reform and reintegrate into society.

Factors Prosecutors Consider for Waiving Cases to Juvenile Court

Prosecutors are responsible for deciding whether to try a child as an adult or move their case to juvenile court. Their decisions can impact the futures of young defendants and their local communities. Prosecutors must carefully consider many elements to keep the public safe while providing juvenile offenders with opportunities for rehabilitation. These factors include:

The severity of the alleged crime
The defendant’s age at the time of the alleged offense
The child’s prior criminal history
The potential for the child’s rehabilitation
The circumstances surrounding the alleged offense
The child’s specific role in the alleged crime
Input from psychologists and social workers

How Wisconsin’s Juvenile Justice System Compares to Other States

Wisconsin’s juvenile justice system is considerably more strict than the systems in most other states. One significant difference is Wisconsin’s policy of automatically charging all 17-year-olds as adults for criminal offenses, a practice only two other states share. Most states treat 17-year-olds as juveniles by default.

Wisconsin also allows children as young as 10 to face adult charges for certain crimes. Many states set a higher minimum age for adult charges, often around 14 or 15. This lower age threshold in Wisconsin means younger children can face harsher penalties and adult prison sentences.

Other states emphasize rehabilitation and support more strongly within their juvenile systems, offering more resources for mental health, education, and family support. These states aim to address the root causes of juvenile delinquency to prevent future offenses. Wisconsin’s system, while incorporating some rehabilitative elements, leans more towards punitive measures for severe offenses, which has prompted many advocacy groups to call for reforms.

Contact a Wisconsin Juvenile Defense Attorney Now

If your child faces juvenile charges in Wisconsin, contact Cohen Law Offices today. We offer a free initial consultation where we can discuss your case and provide guidance on the best course of action. Our team understands the challenges you are facing and is here to help. Call (715) 317-5207 to arrange your consultation and take the first step in protecting your child’s future.

Understanding Resisting Arrest Charges

websitebuilder@thryv.com — Fri, 30 Aug 2024 17:08:20 GMT

Facing criminal charges can be an overwhelming experience, particularly when it involves resisting arrest. Many individuals may not fully comprehend the implications of these charges or the potential strategies available to defend against them. Understanding the nature of the charges, the circumstances prompting them, and the legal avenues for defense can illuminate the path forward. This blog aims to provide clarity on resisting arrest charges and outline effective defense strategies, ensuring you feel informed and equipped to navigate the legal landscape ahead.

What Constitutes Resisting Arrest?

Resisting arrest charges arise when an individual attempts to prevent law enforcement officials from making an arrest, regardless of the legality of the original arrest itself. The actions that can lead to such charges vary widely; they may include physical actions, such as pushing an officer away, or verbal actions, such as refusing to comply with commands. Importantly, just because an arrest was made does not mean that the arresting officers acted within their legal boundaries. It is vital to assess whether the officers had probable cause or a warrant at the time of the arrest, as this context can significantly influence the defenses available.

Understanding the Legal Framework

Resisting arrest is typically categorized as a misdemeanor or a felony, depending on the jurisdiction and details surrounding the incident. Legal definitions vary by state, and while some regions impose harsher penalties for resisting arrest if the individual uses force, others may consider non-violent resistance as a separate offense. Grasping the legal framework around your case involves reviewing state statutes and consulting with a criminal defense attorney who can provide personalized guidance based on the specifics of your circumstances. This understanding will help lay the foundation for developing a robust defense strategy.

The Importance of a Defense Strategy

Navigating a resisting arrest charge requires a thoughtful and informed approach to defense. The presence of a trained criminal defense attorney is invaluable in crafting an effective defense strategy tailored to the unique circumstances surrounding your case. Given the complexities of criminal law, having an advocate who understands the intricacies of resisting arrest charges can make a significant difference in the outcome of your case. Several strategies may be employed, and the most effective one will depend on the particulars of your situation.

Potential Defense Strategies

One common defense strategy is to challenge the legality of the arrest itself. If it can be demonstrated that the officers lacked probable cause to detain you, then the charges of resisting arrest may be invalidated. This often involves a careful review of the events leading up to the arrest and whether law enforcement followed proper procedure. Any evidence suggesting that the officers acted unlawfully could be pivotal in your defense.

Another approach may involve demonstrating a lack of intent to resist arrest. This can be particularly relevant in cases where individuals were simply unaware that an arrest was occurring or where panic may have led to unintentional resistance. Here, it can be beneficial to provide context around your actions and how they may have been misinterpreted by law enforcement officers.

Additionally, in some instances, inordinate or excessive force used by police can be a defense. If it can be shown that officers used unreasonable force in making an arrest, it may provide grounds to argue that the situation escalated beyond what was necessary, warranting your response. Documenting any injuries or excessive force is vital in substantiating this argument.

Lastly, mental state and duress can also play a role in your defense. If you were under significant stress or felt threatened during the incident, it could help explain your actions. This angle can sometimes elucidate the reasons behind your behavior and provide context that might mitigate the charges against you.

Resisting arrest can carry significant repercussions and present serious legal challenges. However, being well-informed about the nature of these charges and the potential defense strategies can empower you to effectively navigate your case. Collaborating with a knowledgeable criminal defense attorney will clarify the legal landscape and equip you with insights into your options for mounting a robust defense. Remember that every case is unique, and understanding your rights and avenues for defense is crucial in facing and overcoming these charges.

Contact the attorneys of Cohen Law Offices if you've been charged with resisting arrest and need legal defense.

Your Rights in a Traffic Stop: Is Drowsiness Enough for Reasonable Suspicion?

websitebuilder@thryv.com — Mon, 26 Aug 2024 16:15:49 GMT

A recent Wisconsin Supreme Court decision has shed new light on an important question for drivers: Is drowsiness alone sufficient for reasonable suspicion in a traffic stop? Understanding your rights during traffic stops is paramount for all motorists, especially in light of evolving legal interpretations. The following is an explanation of this significant ruling and what it means for your rights on the road.

The Case: State v. Wiskowski

In State v. Wiskowski , the Wisconsin Supreme Court ruled that a police officer who observed no signs of drowsiness or intoxication after stopping a driver was not justified in extending the traffic stop and ordering the driver out of the car.

The facts of the case are straightforward:

Michael Wiskowski fell asleep in his truck at a McDonald's drive-through around 1 p.m.
An employee called the police, and Officer Devin Simon responded.
Simon observed Wiskowski drive away normally and commit no traffic violations but pulled him over anyway.
During the initial interaction, Simon noticed no signs of impairment or drowsiness.
After running Wiskowski's record and finding prior OWI convictions, Simon extended the stop and ordered Wiskowski out of the vehicle.

The Court's Ruling

The Wisconsin Supreme Court ruled that the extension of the traffic stop was not justified. Here's why:

Reasonable Suspicion: The court held that mid-day drowsiness alone, without any other indicators of impairment, is not enough to establish reasonable suspicion.
Community Caretaker Function: Even if the initial stop was justified under the community caretaker exception, the extension of the stop was deemed unreasonable because Wiskowski showed no signs of tiredness or medical emergency during the initial interaction.

What This Means for Your Rights

This ruling reinforces important principles that protect your rights during traffic stops:

Police need reasonable suspicion to initiate a traffic stop.
Drowsiness alone is not sufficient for reasonable suspicion.
Even if a stop is initially justified, police cannot extend it without developing additional reasonable suspicion during the stop.

Protecting Your Rights

If police stop you, remember:

Remain calm and cooperate but know your rights.
You have the right to remain silent beyond providing basic information.
If asked to exit the vehicle, do so calmly, but remember that this action requires justification.
Pay attention to the officer's actions and statements, as they may be important if you need to challenge the stop later.

When to Seek Legal Help

If you believe your rights were violated during a traffic stop or you're facing charges stemming from a potentially unlawful stop, it's crucial to consult with experienced criminal defense attorneys . At Cohen Law Offices, we have over 47 years of experience defending clients in Northwest Wisconsin against various criminal charges, including OWI/DUI cases.

Our approach is to prepare every case as if it will go to trial, which means we're always more prepared than the prosecution. We understand the significant hardships that criminal charges can cause, from job loss to community stigmatization, and we're committed to standing up for our clients during these difficult times.

If you're facing criminal charges or believe your rights were violated during a traffic stop, don't fight this battle alone. Contact Cohen Law Offices at (715) 814-8058 for a consultation. We're your local legal leaders, and we are in your corner.

Understanding the Benefit of Expert Witnesses in Criminal Defense Cases

websitebuilder@thryv.com — Mon, 19 Aug 2024 21:52:33 GMT

A strong criminal defense often relies on more than just eyewitness testimony and physical evidence. In many cases, expert witnesses play a crucial role in helping juries understand complex technical or scientific issues. Here’s how expert witnesses can benefit your criminal defense case.

What Are Expert Witnesses?

Expert witnesses are professionals with specialized knowledge in a particular field. In criminal cases, such experts could be forensic scientists, medical professionals, psychologists, or specialists in areas like ballistics or accident reconstruction. These experts can provide testimony that helps explain technical evidence or offers professional opinions on key aspects of a case.

Benefits of Expert Witnesses in Criminal Defense

The strategic use of expert witnesses can significantly strengthen a criminal defense case. Here are some key ways expert testimony can benefit defendants:

Clarifying Complex Evidence

Criminal cases often involve technical evidence that may be difficult for jurors to understand. Expert witnesses can break down complex information into simpler terms, helping the jury grasp important details that could influence their decision.

Challenging Prosecution Evidence

Defense experts can review and potentially challenge the prosecution's evidence or the methods used to collect it. This can be crucial in cases involving DNA evidence, ballistics, or other forensic data.

Providing Alternative Explanations

In some cases, expert witnesses can offer alternative explanations for evidence that may seem damaging at first glance. This can introduce reasonable doubt, which is critical in criminal defense.

Enhancing Credibility

The testimony of a respected expert can lend credibility to the defense's argument, especially when countering the prosecution’s claims.

Educating the Jury

Beyond just presenting facts, expert witnesses can educate the jury about relevant scientific principles or industry standards, providing context that can be vital to understanding and deciding about the case.

How Cohen Law Offices Utilizes Expert Witnesses

The criminal defense lawyers at Cohen Law Offices understand the importance of expert testimony in building a strong defense. Here's how we approach working with expert witnesses:

Early Identification: We identify potential expert witnesses early in the case, allowing ample time for thorough preparation.
Careful Selection: We choose experts not only for their knowledge but also for their ability to communicate effectively with juries.
Thorough Preparation: We work closely with our experts to ensure they're fully prepared for direct and cross examinations.
Strategic Presentation: We plan how to best present expert testimony to support our overall defense strategy.
Clear Communication: We ensure that expert testimony is presented in a clear, understandable manner that resonates with the jury.

The Impact of Expert Witnesses

The right expert witness can significantly impact the outcome of a case. For example, in a drunk driving case, a breathalyzer calibration expert might testify about potential inaccuracies in the testing equipment. In an assault case, a medical expert could provide alternative explanations for the victim's injuries.

At Cohen Law Offices, we've seen firsthand how effective expert testimony can sway juries and lead to favorable outcomes for our clients. Our experience in selecting and working with expert witnesses is one of the many ways we fight to protect our clients' rights and freedom.

If you're facing criminal charges in Northwest Wisconsin, don't leave your defense to chance. Contact Cohen Law Offices at (715) 333-3782 to schedule a consultation. Let our experienced team, including our strategic use of expert witnesses, work to build the strongest possible defense for your case.

PESKY LAB RESULTS HINDERING YOUR DEFENSE?

websitebuilder@thryv.com — Wed, 07 Aug 2024 14:07:11 GMT

Many drunk driving cases involve a chemical test indicating what substance the government believes you are impaired by. The government utilizes testing devices to analyze and quantify the alleged substance or substances in the blood. The government then can utilize the result in Trial against you. In Trial, the government may admit the test results in through the individual that performed the test.

In any drunk driving case, it is imperative for any attorney to review records related to the chemical test. With the chemical test an experienced attorney who is knowledgeable about the specific machine used in your case may find errors in how the test was performed or in the machine itself. These records might be crucial in building a defense. Equally important to how the machine was handled or the test performed is the qualification of the analyst performing the test. The qualifications and procedures used by the analyst to perform the test in your case may provide an experienced attorney different avenues to challenge the charge. If there’s challenges to the test, there could be a trial held in your case to dispute the allegations. If you’re in trial it’s important that your attorney looks at witnesses the State plans to present because the witnesses called by the State may provide additional avenues to achieve a not guilty in your case.

Previous case law indicated that in 2011 the Supreme Court of the United States determined that a forensic report was not hearsay and could be admitted without any issue under the confrontation clause. That case was Bullcoming v. New Mexico, 564 U.S. 647 (2011). Some states took this holding to mean the analyst who performed the test did not have to be present and instead a substitute analyst could be presented at trial to admit the blood test result and not violate the 6 ^th Amendment right to confrontation. In June 2024, the Supreme Court of the United States held that failure to present the analyst who performed the test at trial and using a substitute analyst to provide testimony about the test result violated the Sixth Amendment’s Confrontation Clause. This new case is Smith v. Arizona, 602 U.S. ________ (2024). With the new decision in Smith v. Arizona states that previously allowed the use of substitute analysts will have to analyze if the testimony offered by the government violates the 6 ^th Amendment right to confrontation. A skilled defense attorney can challenge substitute analyst testimony if scientific results being admitted at trial if the analyst or expert who performed the test is not presented at trial. This can present new avenues for defendants to potentially have the test results not admitted and be more likely to receive a not guilty outcome.

With any drunk driving arrest, it is imperative that you speak with an experienced and knowledgeable attorney about these issues. The outcome can change, depending on how the trial unfolds and the witnesses presented. With these changes, more prosecutors will be required to present the actual witness, which can change the outcome in your case.

Author Information: Attorney Karleigh Miller, Cohen Law Offices, Eau Claire, WI. Cohen Law Offices specializes in criminal defense. Attorney Miller primarily focuses her practice on drunk driving defense and is passionate about ensuring that each person accused of a crime receives the best possible defense.

What You Need to Know About Lab Results in DUI Defenses

websitebuilder@thryv.com — Wed, 07 Aug 2024 13:56:55 GMT

Many DUI cases hinge on breath, blood, or urine test results to confirm that a driver had alcohol or drugs in their system. However, sometimes lab test results run into questions of accuracy and reliability if there are issues with the testing equipment or the test administration processes. When this happens, DUI defendants may be able to fight the charges against them.

Types of Lab Tests Used in DUI Cases

Law enforcement and prosecutors may use one or more types of testing to confirm the presence and amount of drugs or alcohol in a motorist’s system. These tests include:

• Blood Testing – A blood test can detect the presence and concentration of drugs or alcohol in the bloodstream. If a motorist has a blood alcohol concentration (BAC) of 0.08 percent or more, they have exceeded Wisconsin’s legal limit and can be charged with impaired driving.

• Urine Testing – A urine test can detect the presence of intoxicants in a person’s system. However, these tests can show the presence of alcohol several hours after consuming it, so it may not accurately reflect a driver’s current state of intoxication.

• Breathalyzer Testing – A breathalyzer test is the most frequently used test in DUI cases. It uses a motorist's breath sample to check for ethanol. Any ethanol in the breath will have a chemical reaction with the breathalyzer’s sensor.

Understanding the Accuracy and Reliability of DUI Lab Tests

Officials collecting blood samples from a DUI arrestee should collect two vials of blood, although labs can conduct testing with as little as half a vial. Labs can test unpreserved blood specimens or plasma for alcohol or drugs, although such testing may produce less reliable results. Urine specimens for alcohol testing do not use preservatives, although labs have special collection procedures.

DUI lab tests can have various issues that affect the accuracy or reliability of test results, such as:

• Lack of calibration of testing equipment

• Contamination of testing equipment

• Errors in sample collection

• Improper handling of samples

• Breaks in the chain of custody

Challenging DUI Lab Results

Defendants facing DUI charges may challenge the validity of lab results as part of their defense strategy. Common arguments used to challenge DUI lab results include:

• Flaws in the testing procedure, such as not observing required waiting periods for breathalyzer testing

• Improper handling of blood or urine specimens that may have caused contamination

• Contamination or improper calibration of testing equipment

• Medical conditions that could throw off lab results, such as medications the driver takes or chronic illnesses like diabetes or auto-brewery syndrome

• Use of a urine test rather than blood or breathalyzer tests, as urine tests can show the presence of drugs or alcohol from hours before the incident

Expert witnesses can strengthen your challenge by identifying potential issues with the testing and explaining how those issues may have affected test results.

Contact a DUI Defense Attorney Today

You don’t have to fight a DUI alone. An experienced DUI defense lawyer can review your case and help you understand your options. Contact Cohen Law Offices today by calling 715-800-8316 for a confidential consultation with an experienced attorney to discuss whether you may have a viable defense strategy based on challenges to your lab results.

Steps to Take if You've Been Charged with Battery

websitebuilder@thryv.com — Wed, 31 Jul 2024 20:50:47 GMT

Facing a battery charge can be an incredibly stressful and overwhelming experience, affecting both your personal and professional life. It is crucial to understand the legal process and take the appropriate steps to protect your rights and build a strong defense. This often includes consulting with an experienced attorney, gathering evidence, and preparing for court appearances. Today's article will outline the necessary actions you should take if you find yourself charged with battery so you can navigate through this challenging situation with more confidence and clarity.

1. Seek Legal Counsel Immediately

The first and most important action you should take is to seek legal counsel. An experienced criminal defense attorney can provide you with expert advice, review the details of your case, and represent you in court. Having professional legal representation can significantly improve your chances of achieving a favorable outcome.

2. Understand the Charges

Take the time to understand the nature of the battery charges against you. Battery charges can vary in severity, ranging from misdemeanors to felonies, and may include different nuances. In Wisconsin, battery charges encompass a variety of offenses that differ in severity. Common charges include simple battery, which is a misdemeanor, and aggravated battery, which can be classified as a felony depending on the circumstances. Your lawyer will help you comprehend the specific charges and the potential penalties you may face.

3. Gather Evidence and Witnesses

Collect any evidence that may support your defense. This can include photographs, videos, text messages, or any other documentation that provides context to the incident. Additionally, identify and contact potential witnesses who can testify on your behalf. Witnesses can provide crucial information that corroborates your side of the story.

4. Avoid Contact With the Alleged Victim

It is critical to avoid any contact with the alleged victim or any parties involved in the case. Reaching out to the person who accused you of battery can be perceived as intimidation or harassment, which may negatively impact your defense. Let your attorney handle all communications to ensure that you are not inadvertently harming your case.

5. Prepare for Court Appearances

Be punctual and presentable for all court appearances. Demonstrating respect for the legal process and the court can make a significant difference in how your case is perceived. Dress appropriately, follow courtroom etiquette, and be prepared to respond to questions from your attorney and the prosecution.

6. Follow Your Attorney's Advice

Your attorney will provide you with specific guidance tailored to your case based on their extensive knowledge and experience in the legal field. It is essential to follow their advice diligently to ensure the best possible outcome. This may include refraining from discussing your case on social media, as any public statements can potentially be used against you. Additionally, your attorney might recommend participating in counseling or anger management programs, which can demonstrate your commitment to personal improvement and responsibility. By adhering to these recommendations, you can significantly strengthen your position and navigate the legal process more effectively.

7. Stay Informed and Involved

Stay informed about the progress of your case and maintain open communication with your lawyer. Ask questions, provide any new information that may arise, and keep track of all court dates and deadlines. Being actively involved in your defense shows your commitment to resolving the matter responsibly.

Being charged with battery is a serious matter that requires careful and deliberate action. By seeking legal counsel, understanding the charges, gathering evidence, avoiding contact with the alleged victim, preparing for court appearances, following your attorney's advice, and staying informed, you can navigate the legal process more effectively. Remember, the key to a successful defense is prompt and proactive steps to protect your rights and build a strong case.

If you've been charged with battery and need a lawyer for your case, contact one of our associates at Cohen Law Offices for more information.

Recent Cases Explained: Producing, Distributing, and Possessing AI Child Pornography

websitebuilder@thryv.com — Mon, 29 Jul 2024 16:49:36 GMT

A Wisconsin man was recently arrested and charged with producing, distributing, and possessing child pornography generated by artificial intelligence (AI).

According to the United States Department of Justice (DOJ) , Steven Anderegg, 42, of Holmen, WI, used AI to create thousands of realistic images of nude or naked minor children as well as images depicting children engaged in sexually explicit activities. Anderegg also allegedly communicated with a 15-year-old boy and used Instagram to send him AI-generated child pornography.

A federal grand jury in the Western District of Wisconsin indicted Anderegg. He faces four criminal counts related to the sexually explicit images and for transferring obscene material to a minor under the age of 16. For these charges, he could receive a maximum penalty of up to 70 years in prison.

The Use of AI to Create Sexually Explicit Content is Increasing

Wisconsin Public Radio reports that the use of AI to generate sexually explicit images of minors is a growing problem. As technology advances, text-to-image AI programs are becoming more widespread. These programs often use images of real child sexual abuse victims to train AI models. Additionally, the models can create “deep fakes” using the faces of actual children.

For these reasons, the DOJ takes the production, distribution, and possession of AI child pornography seriously. Regarding Anderegg’s arrest, Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of DOJ’s Criminal Division, stated:

“Today’s announcement sends a clear message: using AI to produce sexually explicit depictions of children is illegal, and the Justice Department will not hesitate to hold accountable those who possess, produce, or distribute AI-generated child sexual abuse material.”

Creating or Accessing AI Child Pornography is a State and Federal Crime

A new law signed by Wisconsin Gov. Tony Evers makes possession of “virtual child pornography” a state crime in addition to a federal crime. It is now a Class D felony to knowingly produce, possess, receive, distribute, or access obscene material depicting AI images of minors engaging in sexually explicit conduct.

In Wisconsin, a Class D felony is punishable by up to $100,000 in fines and up to 25 years in prison.

Contact Cohen Law Office for Legal Assistance

Those convicted of producing, distributing, and possessing AI child pornography can face serious and life-altering consequences. If you were arrested or charged with an AI pornography-related crime, contact an Eau Claire criminal defense lawyer at Cohen Law Offices for help protecting your freedom and reputation.

Attorney Michael R. Cohen and the rest of our legal team have served clients in Northwest Wisconsin for over 47 combined years. We know that those who seek our help are going through a difficult and stressful time. We are here to support you every step of the way. Our focus is on criminal defense and nothing else. We prepare every case for trial, so we are ready, no matter what the prosecution throws our way.

When results matter, call us first. Contact us online today or call (715)-382-9447) to learn more about how we can fight for you. We return calls seven days a week and make weekend appointments!

What If I Feel My Police Officer is Lying? Current Cases Suggest Clear Police Tracking System

websitebuilder@thryv.com — Mon, 22 Jul 2024 14:47:56 GMT

County prosecutors are supposed to maintain “Brady lists” of police officers with credibility problems. If an officer is caught lying, district attorneys are also supposed to inform defense lawyers about violations when the officer gets called to testify in a criminal case.

However, a recent investigation by Wisconsin Watch reveals that Wisconsin lacks a clear and consistent method for tracking police dishonesty. There is no statewide standard or oversight for reporting, and access to information can vary widely from county to county.

Wisconsin Lacks a Clear System for Tracking Dishonest Officers

Wisconsin Watch requested Brady lists from all 72 counties in Wisconsin. Thirty-one counties responded with the names of 360 officers cited for lying. Prosecutors in 17 counties did not supply lists due to legal objections or because they do not track dishonest officers. Twenty-three counties said they did not have names on file.

The publication also reports that Wisconsin has more than 300 “wandering officers.” These police move to other agencies after being fired or resigning from departments over misconduct.

Cases in Wisconsin Involving Police Dishonesty

When there is no system for accounting for a lack of credibility, lies by police officers can slip through the cracks. Dishonest officers may be allowed to give false statements or testimony that could significantly affect a defendant’s life and future.

Recent examples of police caught lying in Wisconsin include:

A case involving an Appleton police detective who pleaded guilty to forging signatures on warrants. During sentencing, the judge noted the officer's actions “may impugn any number of cases on which he has been involved.”
A Vernon County police chief who instructed a subordinate to lie about falling asleep at the wheel. The chief told the officer to say their car accident happened when they swerved to miss a dog in the road. Prosecutors in two counties now say they will not charge cases involving the chief.
A Fond du Lac detective who was ousted from their department after an investigation by state agents revealed the officer had a history of racial profiling and mishandling evidence. The local district attorney stated the detective’s “credibility will be attacked in any testimony he is asked to provide and may present significant hurdles.”

What Should You Do If You Feel a Police Officer Lied?

If you were charged with a crime and believe the arresting police officer is lying or is not credible, contact an experienced Wisconsin criminal defense lawyer right away to discuss your case. Attorney Micheal R. Cohen and the Cohen Law offices could stand up for your rights and fight to ensure police dishonesty does not jeopardize your future.

Our firm has fought for clients across Northwest Wisconsin for over 30 years. Criminal law is our focus, and our trial-tested attorneys know what it takes to build a robust defense. If you were arrested and charged with a crime, contact us today or call (715)-643-8778 ) to learn more about how we can help.

Union Claims Police Are Hiding The Extent of Privacy Violations in Wisconsin Communities

websitebuilder@thryv.com — Mon, 15 Jul 2024 14:45:01 GMT

The American Civil Liberties Union (ACLU) of Wisconsin is sounding the alarm about police surveillance of citizens. According to the Wisconsin Examiner , in many cities, law enforcement officers use various technologies to monitor the public. The union claims that agencies may be overreaching in their authority to monitor and collect information.

The Examiner reports that nearly 10 years ago, investigations by the ACLU of Wisconsin and private advocacy groups found that the Milwaukee Police Department (MPD) hid its use of cell phone tracking technology from judges. More recently, law enforcement officials gathered and traded intelligence about individuals involved in the George Floyd-inspired police reform protests.

How Surveillance Violates Privacy

Many Wisconsin citizens may be unaware of the many methods police can use to surveil the public. Technology exists that allows law enforcement agencies to monitor cities for loud noises, scan faces and license plates using automatic recognition software, and even capture live content like cell phone calls and text messages.

The ACLU asserts that this is an overstep. Citizens have the right to know and understand what information police can access and who they may share it with. In addition, without oversight, there is room for the misuse or abuse of surveillance systems by agencies and individual officers.

What Wisconsin Citizens Can Do About Police Surveillance

The ACLU of Wisconsin urges communities to pass Community Control Over Police Surveillance (CCOPS) ordinances to protect citizens’ privacy. CCOPS ordinances require that police propose any existing or new surveillance technology to citizens during a public hearing and receive approval from the local city council before implementation.

Ordinances also mandate that police produce annual reports on surveillance gear, including information about costs, intended purposes, and data collection and sharing.

Individuals arrested or charged with a crime based on evidence collected via surveillance may benefit from speaking with a criminal defense attorney serving Wisconsin. A lawyer can inform you about your rights and work to challenge evidence obtained through means that may have violated your privacy.

Contact Cohen Law Offices About Your Rights

Attorney Micheal R. Cohen and the Cohen Law Offices can help if you were arrested and charged with a crime. We defend individuals who’ve been charged with drunk driving, sexual assault, domestic abuse, violent crimes, robbery, theft, white-collar crimes, and more. Let us put our nearly 50 years of combined legal experience to work on your case. Our team is here for YOU and focused on YOU.

When results matter, call us first. Contact our experienced Eau Claire criminal defense lawyers at (715)-643-8778 or complete our online form to discuss the specifics of your case today.

What to Do If You've Been Charged with Credit Card Fraud

websitebuilder@thryv.com — Sun, 14 Jul 2024 12:53:45 GMT

Being charged with credit card fraud can be a terrifying and bewildering experience. The influx of emotions can range from shock and confusion to anxiety about the potential consequences. Whether the charges stem from genuine misunderstandings, errors, or actual fraudulent activities conducted with your credit information, knowing how to respond promptly and effectively is essential. This guide will walk you through six crucial steps to take if you find yourself in this precarious situation, empowering you to protect your financial standing, clear your name, and restore your peace of mind.

Remain Calm and Assess the Situation

Discovering that you've been charged with credit card fraud can be incredibly distressing. The first step is to remain calm and gather all the information you can about the charge. Review your credit card statements, bank accounts, and any other financial documents that could provide insight. Understanding the specific details of the charge will allow you to take more informed steps and communicate clearly with relevant parties.

Contact Your Credit Card Issuer

As soon as you've gathered preliminary information, reach out to your credit card issuer. They can provide you with additional details about the charge and may even initiate an investigation on your behalf. Most credit card companies have fraud departments that are experienced in dealing with such issues. Make sure to document every interaction, noting the names of the representatives you speak with and the information provided during each conversation.

File a Police Report

Filing a police report is a crucial step in defending yourself against credit card fraud charges. This formal documentation serves as an official record that you've reported the fraudulent activity. Provide as much detail as possible, including any evidence you've gathered from your financial statements and your conversations with your credit card issuer. Having a police report can also prove useful if you need to dispute the charges or clear your name in legal proceedings.

Notify the Credit Bureaus

Informing the credit bureaus about the fraudulent charge can help protect your credit score from unwarranted damage. Contact major credit bureaus such as Experian, Equifax, and TransUnion to report the fraud. You have the option to request a fraud alert on your credit report, making it tougher for identity thieves to open new accounts in your name. Additionally, consider placing a credit freeze to block any new credit inquiries until the situation is resolved.

Consult with a Legal Professional

Navigating through the complexities of a credit card fraud charge can be overwhelming and stressful. The legal jargon, paperwork, and potential consequences can leave you feeling lost and anxious. Consulting with a legal professional who specializes in credit card fraud or financial crimes can provide you with expert guidance and much-needed peace of mind. A legal expert can help you understand your rights, explain the legal process in detail, and represent you effectively if the case escalates to court. They can also assist in communicating with your credit card issuer, law enforcement, and any other parties involved in the investigation, ensuring that all necessary information is accurately conveyed. Additionally, they can provide valuable advice on preventing future incidents and protecting your financial interests moving forward.

Follow Up and Monitor Your Accounts

Even after you've taken all the necessary steps, it's essential to remain vigilant. Continue to monitor your credit card and bank accounts for any suspicious activity. Regularly update yourself on the status of any investigations, whether conducted by your credit card issuer or law enforcement. Keeping a close eye on your financial statements can help you catch any additional fraudulent activity early, preventing further complications.

Dealing with a credit card fraud charge is undoubtedly stressful, but taking these steps can help you navigate the situation more effectively. Start by carefully reviewing your statements to identify any unauthorized transactions. Immediately report the fraud to your credit card issuer to prevent further charges. By remaining calm, acting swiftly, and seeking professional advice, such as consulting with your bank's fraud department or a financial advisor, you can work towards clearing your name and restoring your financial security. Furthermore, it is advisable to place a fraud alert on your credit report and diligently monitor your accounts for any signs of suspicious activity.

If you've been charged with credit card fraud, contact us at Cohen Law Offices for more information.

"Use of Personal Electronic Devices" Will be a Hot Topic in Wisconsin 2024 Criminal Law

websitebuilder@thryv.com — Thu, 11 Jul 2024 19:24:13 GMT

Depending on the circumstances, personal electronic devices, including cell phones, tablets, and laptops, could be confiscated and used as evidence in criminal cases in Wisconsin. However, constitutional protections may prevent the contents of your device from being accessed if you are arrested and charged with a crime.

The use of personal electronic devices will be a hot topic in Wisconsin criminal law in 2024. The courts will likely test the application of laws protecting devices in criminal cases. If you face charges, a criminal defense lawyer in Wisconsin may be able to help you keep your digital information from being used to convict you.

Laws That May Protect Access to a Suspect’s Electronic Device

In the coming year, Wisconsin’s criminal courts will likely address protections for the use of personal electronic devices and their contents.

Many people are already aware of their protections under the Fourth Amendment of the United States Constitution against unreasonable searches and seizures. This law applies to seizing electronic devices and searching their contents. Unless legally obtained by law enforcement, a cell phone or other device is not admissible in court.

Furthermore, according to the Electronic Privacy Information Center (EPIC) , the U.S. Supreme Court decided in Riley V. California that when police obtain a cell phone via a lawful search and arrest, they cannot search the device's contents without a warrant.

Even with a warrant, police may be unable to access a device due to privacy safeguards. The Fifth Amendment states that a suspect in a criminal case cannot be compelled to be a witness against themselves. Being made to provide device passwords to law enforcement could violate this right. This issue presents a legal gray area for the courts to decide.

What To Do If Your Device is Part of a Criminal Case

If you are arrested and charged with a crime, you have rights that cannot be infringed upon. For example, you do not have to speak with the police without an attorney present or turn over your cell phone or other electronic devices unless a warrant orders you to do so. Even then, you do not have to provide the police with passwords or other information needed to access the device.

If you’ve been charged with a crime, hire an experienced criminal defense lawyer serving Wisconsin. Your attorney can review the case against you, explain your legal options, and build a defense that includes fighting to safeguard digital information that could be used against you.

Contact Cohen Law Offices for Help

Attorney Micheal R. Cohen and the team at Cohen Law Offices have nearly 50 years of combined legal experience they can put behind your case. Our firm is dedicated to one area of the law – criminal defense. We know what it takes to represent you because fighting for the accused is all we do.

We are here to listen, address your concerns, and support you with a robust legal defense. Contact us online or call (715)-317-5207) today to learn more.

Can The Police Use the Contents of My Phone as Evidence?

websitebuilder@thryv.com — Mon, 01 Jul 2024 14:20:35 GMT

Our smartphones contain a wealth of personal information: messages, photos, videos, and more. But what happens if law enforcement seizes your phone as part of a criminal investigation? Can they access and use the contents of your phone as evidence against you? Consulting an experienced Wisconsin criminal defense attorney can help you understand your rights.

Warrants for Cell Phone Data

A recent case from the U.S. Court of Appeals for the Eighth Circuit, Lindell v. United States , sheds some light on this issue. In this case, the FBI seized MyPillow CEO Mike Lindell's phone while investigating a security breach of election machine servers in Colorado. Lindell challenged the seizure, arguing that the warrant was too broad.

The Eighth Circuit ultimately ruled that the warrant was valid because it included protocols to protect confidential and privileged information. The court also noted that while the government may retain seized property if it has an ongoing evidentiary need, at some point, it must justify continued retention or return the property.

Forcing Suspects to Unlock Data

In another case that came before the U.S. Court of Appeals for the Eleventh Circuit, an individual had been held in contempt for refusing to decrypt hard drives seized by law enforcement. The Eleventh Circuit ruled that forcing the defendant to decrypt the drives would violate his Fifth Amendment right against self-incrimination, as it would be akin to testifying that he knew the drives existed and how to access them.

The Utah Supreme Court relied on this Eleventh Circuit case in a 2023 decision, State v. Valdez. In Valdez, the court held that requiring a defendant to provide his cell phone password to police would violate the Fifth Amendment. The court reasoned that verbally communicating a passcode is a testimonial statement, unlike just physically unlocking a phone.

The court in Valdez also ruled that prosecutors violated the defendant's rights by commenting to the jury on his refusal to provide his password. Prosecutors cannot use a defendant's choice to remain silent as evidence of guilt.

What This Means for Your Case

So what does all this mean for you? The key takeaways are:

Police generally need a valid, specific warrant to seize and search your phone.
They may be able to retain your phone for a period of time but must justify continued retention.
You have a Fifth Amendment right not to provide your password, as this could be considered self-incriminating testimony.
Prosecutors cannot comment on your refusal to provide a password.

However, every case is unique. If police have seized your phone or other devices as part of an investigation, it's crucial to have an experienced criminal defense attorney evaluate your case and protect your rights.

Contact an Eau Claire Criminal Defense Attorney Today

At Cohen Law Offices, we are dedicated to protecting your liberty and your interests. If you have been charged with a crime, our skilled and knowledgeable attorneys will work diligently to ensure that the court dismisses any evidence the police have illegally obtained.

We have fought on behalf of clients across Northwestern Wisconsin since 1991 and are ready to put our experience to work for you. Call us today at (715) 514 -5051 or contact us online for a confidential consultation with one of our Eau Claire criminal defense lawyers.

Eyewitness Testimony is At Fault for Nearly Half of Wrongful Convictions

websitebuilder@thryv.com — Mon, 24 Jun 2024 17:21:16 GMT

In courtrooms nationwide, eyewitness testimony serves as the cornerstone of countless criminal cases. Prosecutors rely heavily on the compelling accounts of individuals who swear they saw the defendant commit the crime. Jurors, moved by the emotional weight of these narratives, tend to place great trust in the words of eyewitnesses. However, a growing body of research reveals a troubling reality: eyewitness testimony is far less reliable than most people believe. Mistaken eyewitness identifications play a role in approximately half of all wrongful convictions.

The Innocence Project, a nonprofit legal organization dedicated to exonerating the wrongfully convicted, has been at the forefront of exposing this issue. By leveraging DNA evidence, they have helped overturn hundreds of cases in which eyewitness testimony was the primary factor in a conviction. The stories of these exonerees are heartbreaking—lives upended, families torn apart, and decades lost to the confines of a prison cell, all because of mistaken identification.

Many different factors can affect the accuracy of an eyewitness account. Stress, fear, trauma, lighting conditions, distance, and the presence of a weapon can all impact the reliability of an identification. Moreover, the methodology for presenting police lineups and photo arrays can inadvertently sway an eyewitness's decision.

Experts have developed best practices for collecting eyewitness evidence, such as using double-blind lineups and instructing eyewitnesses that the perpetrator may not be present. Equally important is the need for rigorous scrutiny of eyewitness testimony in the courtroom. Judges should permit expert testimony on the fallibility of eyewitness memory, giving jurors the context they need to weigh this evidence properly.

We must also grapple with the role that racial bias can play in eyewitness misidentifications. Studies have consistently shown that people are more likely to misidentify individuals of a different race than their own. This cross-racial effect has devastating consequences for communities of color, who are disproportionately affected by the criminal justice system.

Wrongful convictions based on mistaken eyewitness testimony result from a profound failure to uphold the presumption of innocence and the right to a fair trial. For the innocent people who have lost years or even decades of their lives to these injustices, the toll is immeasurable.

Get Help from Cohen Law Offices

If you’ve been accused of a crime, it is crucial to seek the guidance of a skilled criminal defense attorney. At Cohen Law Offices , we understand the challenges and complexities of these cases. Our experienced team knows how to thoroughly investigate eyewitness accounts, challenge unreliable identifications, and present a compelling defense in court.

We firmly believe every individual accused of a crime deserves a fair trial and the best possible defense. That’s what our Eau Claire, Wisconsin, criminal defense attorneys aim to provide. We understand the devastating impact a wrongful conviction can have on your life, family, and future, and we will approach your case with compassion, dedication, and an unwavering commitment to justice.

Uncovering Disability & Racial Disparities in the Wisconsin Juvenile Justice System

websitebuilder@thryv.com — Mon, 17 Jun 2024 16:32:10 GMT

Wisconsin's juvenile justice system reveals a troubling reality for our state's most vulnerable youth. The system disproportionately impacts children of color and those with disabilities, creating a pathway that can lead from school discipline straight to incarceration. This phenomenon, known as the "school-to-prison pipeline," demands urgent attention and action from legal professionals, advocates, and the community at large.

Recent data exposes the stark racial disparities in Wisconsin's juvenile justice system. Black and Native American youth face referrals and formal delinquency petitions at rates significantly higher than their white peers. In 2022, the Wisconsin Department of Children and Families reported that these disparities are part of a persistent trend, with the rate of Native American youth referrals jumping by an alarming 25% in 2022 alone.

Children with disabilities are also overrepresented in the juvenile system nationwide. In Wisconsin, more than half of the youth placed in the Department of Corrections-supervised facilities of Lincoln Hills and Copper Lake have special education needs, drastically outpacing the statewide average of 14%. This disparity highlights the system's failure to adequately support and accommodate these children's unique challenges.

When we examine the intersection of race and disability, the compounded disparities become even more apparent. Children of color with disabilities face discipline, police referrals, and incarceration at staggeringly disproportionate rates compared to their white, non-disabled counterparts. The system's machinery targets and traps these vulnerable youth at every turn.

It's crucial to dispel common myths that perpetuate these disparities. Some assume that higher misbehavior rates among minority and disabled youth drive the overrepresentation. However, research consistently shows that disparities persist even when accounting for differences in behavior. The problem lies not with the children but with the biases and failures of the systems meant to serve them.

Well-intentioned efforts to provide services through juvenile system involvement often do more harm than good. Incarceration exposes these youth to heightened risks of health problems and abuse without delivering the promised improvements in outcomes. The very system tasked with their rehabilitation becomes a source of further trauma and disadvantage.

To disrupt the school-to-prison pipeline for children of color with disabilities, we must take deliberate steps. First, we need comprehensive data collection that specifically examines this intersectional group. By understanding the full scope and nature of the disparities they face, we can develop targeted interventions and policy changes.

Second, schools must prioritize culturally responsive support over policing and punishment. Mental health professionals and trained educators should take the lead in addressing behavioral concerns rather than relying on law enforcement. School resource officers need specialized training to understand the complex interplay of race, disability, and youth behavior.

Third, diversion from the juvenile justice system should be the default approach for these vulnerable youth. Research shows that diversion leads to lower recidivism rates, higher educational attainment, and better long-term outcomes. By keeping children of color with disabilities out of the formal system whenever possible, we give them a chance to thrive.

Contact Cohen Law Offices for Help

Is your child facing juvenile charges in Eau Claire, Wisconsin? Don't let the juvenile justice system's disparities rob your child of their potential. The experienced team at Cohen Law Offices wants to help. Contact us today for a confidential consultation with our student defense attorneys . Together, we can protect your child’s future and put them on the right path forward.

Recent Case Law: A Sobriety Test Was Required Based on Just "Red Eyes, Slow Speech, & A Cigarette

websitebuilder@thryv.com — Mon, 10 Jun 2024 15:28:45 GMT

In a recent unpublished opinion , the Wisconsin Court of Appeals ruled that a state trooper had reasonable suspicion to conduct field sobriety tests on a driver during a traffic stop. The court determined red eyes, thick, slow speech, and a freshly lit cigarette provided enough signs of potential intoxication to justify expanding the stop. This decision highlights how a few indicators can lead to more extensive police investigations.

State Trooper Steven Wojcik pulled over Iain Johnson for speeding in January 2020. Upon approaching the vehicle, Wojcik noticed that Johnson's eyes appeared red and glossy. Johnson's speech also sounded thick and slightly slowed. Additionally, Wojcik observed Johnson light up a cigarette, which Wojcik's training indicated could be an attempt to mask the odor of alcohol or drugs.

While Johnson argued there were no obvious signs of impairment like swerving, open alcohol containers, or impaired motor skills, the court held the factors Wojcik cited were sufficient under the totality of the circumstances. Wojcik's training and experience regarding potential signs of intoxication, coupled with the speeding violation, gave him reasonable suspicion to administer field sobriety tests.

The Appeals Court acknowledged this was a close call. However, their ruling shows that an officer doesn't necessarily need to witness blatant signs like dangerous driving or the odor of intoxicants to investigate further. Subtle physical indicators and behaviors that an officer has been trained to look for can be enough to extend a routine traffic stop into a drunk driving investigation.

If an officer observes bloodshot, glassy eyes, and slurred or altered speech, and you light a cigarette or pop a mint, you could find yourself asked to step out of the vehicle for field sobriety tests. Even if you don't believe you were impaired while driving, the officer may have reasonable suspicion based on those signs alone.

Failing those roadside tests may lead to an OWI arrest. A conviction for operating while intoxicated carries harsh consequences, including hefty fines, license revocation, and even jail time. It can impact your job, insurance, freedom, and future.

If you are facing drunk driving charges after an officer claimed to have reasonable suspicion to investigate, you need an experienced OWI defense attorney to protect your rights. A skilled lawyer will closely examine whether the officer had a valid justification to expand the scope of the traffic stop. Any mistakes or lack of reasonable suspicion could be grounds for having evidence tossed out.

Contact Cohen Law Offices for Help

At Cohen Law Offices , our dedicated team of criminal defense attorneys has successfully handled thousands of criminal cases, including those involving OWI. We understand your stress and anxiety when your liberty is on the line. That's why we thoroughly investigate every aspect of the traffic stop and sobriety tests to build the most vigorous defense possible.

Don't let a momentary lapse in judgment or an overzealous officer jeopardize your freedom and future. If police arrest you for drunk driving, contact Cohen Law Offices immediately for an initial consultation with an OWI defense lawyer serving Eau Claire , Wisconsin. Let our experienced attorneys put our knowledge and commitment to work for you.

Six Essential Steps to Take If You're Charged with Arson

websitebuilder@thryv.com — Fri, 31 May 2024 19:04:29 GMT

Facing an arson charge can be a life-altering event, carrying with it severe legal consequences and emotional turmoil. Arson, the deliberate act of setting fire to property, is a serious crime that is prosecuted vigorously. However, understanding your rights and knowing the appropriate steps to take can significantly impact the outcome of your case. Here’s a guide on what to do if you find yourself charged with arson.

Remain Silent

The first and most crucial step after being charged with a crime is to exercise your right to remain silent. It's important to understand that anything you say can and will be used against you in a court of law, making it imperative to avoid discussing the details of your case with anyone other than your attorney. Remember, law enforcement officials are highly skilled in interrogation techniques designed to make suspects disclose information or inadvertently incriminate themselves, even if they believe they are maintaining their innocence. Engaging in conversation with them without legal representation can significantly jeopardize your case. Therefore, securing a competent attorney who can advise you on how to communicate effectively and safeguard your rights becomes a top priority.

Obtain Legal Representation

Securing a competent attorney who specializes in criminal defense, particularly with experience in arson cases, is essential. A seasoned lawyer will not only guide you through the complexities of the legal system but will also advocate on your behalf, aiming to achieve the best possible outcome. Your attorney will be instrumental in developing a robust defense strategy based on the intricacies of your case.

Compile Documentation

Collect all relevant documentation that may support your defense, such as alibis, correspondence, or any tangible evidence that can conclusively establish your whereabouts at the time the alleged crime was committed. Additionally, consider gathering any witness statements or digital evidence, like GPS data or security camera footage, that further corroborate your version of events. This meticulous step is critical in collaboratively building a comprehensive and robust defense strategy with your legal team, ensuring that every possible angle is explored and utilized to support your case.

Understand the Charges

Work with your attorney to fully understand the charges against you and the potential consequences. Arson charges can vary widely, from misdemeanor to felony, depending on factors such as the intent, the presence of individuals within the property, and whether insurance fraud was a motive. Being well-informed will help you make educated decisions throughout the legal process.

Follow Legal Advice

Your attorney, leveraging their extensive legal expertise and knowledge of the intricacies of the law, will offer specialized advice uniquely tailored to the specifics of your case, guiding you on the best course of action, including decisions on negotiating a plea deal or proceeding to trial. Adhering to this professional guidance is paramount, as it stems from a comprehensive evaluation and analysis of your case's particular strengths and weaknesses, taking into account the nuances of the legal system and potential outcomes. The experience, insight, and tactical acumen of your legal team are indispensable assets when it comes to effectively navigating the complexities of the court system and ensuring the best possible outcome for your case.

Stay Engaged and Proactive

Stay actively involved in your defense. While your attorney will manage the legal aspects, your input and cooperation are necessary. Attend all court dates, meet all bail conditions, and maintain open communication with your lawyer. Being proactive in your defense demonstrates your commitment to combating the charges and aids your attorney in advocating effectively on your behalf.

Being charged with arson is undoubtedly daunting, but taking deliberate, informed actions can significantly impact your ability to fight the charges. By understanding your rights, obtaining qualified legal representation, and taking an active role in your defense, you position yourself to navigate the legal challenges ahead more effectively. Remember, a charge is not a conviction, and with the right approach, you can work towards a favorable resolution.

If you've received an arson charge, contact our team at Cohen Law Offices for help.

Warrantless Seizures and Your Fourth Amendment Rights

websitebuilder@thryv.com — Fri, 31 May 2024 12:32:21 GMT

The Fourth Amendment to the U.S. Constitution protects people from unreasonable searches and seizures by the police. In most cases, the police must demonstrate probable cause to justify a search and get a signed warrant from a judge.

However, there are certain circumstances in which the police can conduct a warrantless search. It’s crucial to understand these circumstances so you know how to protect yourself and challenge warrantless seizures that do not meet the valid exceptions to the Fourth Amendment.

General Rules for Police Searches in Wisconsin

In criminal cases, police typically need a warrant to conduct a search, which helps uphold everyone’s Fourth Amendment right to freedom from unreasonable searches and seizures. A warrant is a legal document issued by a judge or magistrate that authorizes police to search a specific person, place, or vehicle. To obtain a warrant, law enforcement must demonstrate probable cause, which means they must present sufficient evidence to suggest that someone has committed a crime and that the police may find items connected to the crime in the place specified by the warrant.

This requirement is crucial as it provides a neutral judicial assessment before allowing a search. The rule helps ensure that police only conduct justified searches. The warrant must specify what the police are searching for and where they are allowed to search, preventing any general or overly broad searches of a person’s property. This process balances the legitimate needs of law enforcement with individuals’ privacy rights.

When the Police Can Conduct Warrantless Searches in Wisconsin

Over the years, various court decisions and legislation have broadened the circumstances in which the police do not need a warrant to conduct a search. Some exceptions to the rule requiring warrants for searches include:

Valid Consent – If an individual voluntarily agrees to a search of their property without coercion, police can proceed without a warrant.
Vehicle Searches – Police can search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime.
Exigent Circumstances – If urgent conditions make obtaining a warrant impractical, such as when evidence is likely to be destroyed or there’s an immediate risk to public safety, police may conduct a search without a warrant.
Emergency Exception – This allows searches without a warrant if immediate action is necessary to prevent physical harm, protect life, or avoid serious property damage.
Inventory Searches – Police are permitted to search impounded vehicles or other seized property to inventory the items found within.
Incident to a Lawful Arrest – After making an arrest, police can search the person and the area within their immediate control without a warrant to ensure officer safety or prevent the destruction of evidence.
Probation, Parole, or Extended Supervision – According to Wisconsin law , individuals on probation, parole, or extended supervision may be subject to searches without a warrant as a condition of their supervision.
Community Caretaking – Police can perform warrantless searches when carrying out community caretaking functions, such as helping injured persons or preventing harm to the public.

Cohen Law Offices Can Protect You from Illegal Police Searches and Seizures

Challenging illegal searches and seizures is a crucial component of a criminal defense lawyer’s job. If the police violated your rights by conducting an illegal search, Cohen Law Offices can demonstrate the search’s illegality and call for suppression of any evidence seized in the search. Call (715) 514-5051 today or complete our contact form for a confidential consultation.

The Burden of Proof – What It Means and Why It Is So Important

websitebuilder@thryv.com — Tue, 21 May 2024 01:21:55 GMT

In the United States, the criminal justice system operates on the principle that an accused person is innocent until proven guilty. The prosecutor has a responsibility to demonstrate the defendant’s guilt. This is called the burden of proof. Here’s a closer look at the burden of proof, the standards a prosecutor has to meet in a criminal case, and the role of an experienced criminal defense attorney in the process.

The Burden of Proof in Wisconsin Criminal Cases

As mandated by the U.S. Government, the burden of proof always lies with the prosecutor . This means it’s their job to prove the defendant is guilty of the crime of which they’ve been accused. The prosecutor must prove the defendant’s guilt beyond a reasonable doubt. This means the evidence must be so clear and compelling that any reasonable person would believe the defendant is guilty. This high standard is intended to protect individuals from wrongful convictions based on insufficient or ambiguous evidence.

Contrast this with civil cases, where the burden of proof is lower. In civil disputes, the plaintiff must prove the defendant’s guilt by a preponderance of the evidence, which means their guilt is more likely true than not. This standard requires less certainty compared to criminal cases.

The difference in these standards underscores the significant risk accused parties face in criminal cases. Someone who loses a criminal case could go to jail for many years, and possibly for the rest of their life. On the other hand, a civil case cannot send a defendant to jail, although they may face significant financial penalties and other consequences if they lose.

Why the Higher Burden of Proof Matters in Criminal Cases

The higher burden of proof in criminal cases is critically important to defendants. This rigorous standard plays a vital role in safeguarding individual freedoms and ensuring that an innocent party is spared the consequences of a conviction. This burden matters because it reflects the severe consequences of criminal convictions, such as loss of freedom, social stigma, and other penalties.

How Criminal Defense Attorneys Help Ensure Fairness in the Justice System

Criminal defense attorneys play a crucial role by rigorously challenging the prosecutor to meet the burden of proof. Defense lawyers scrutinize the evidence, question the credibility of witnesses, and contest any procedural errors that could affect a case’s outcome. Their efforts can help prevent the conviction of individuals based on insufficient or flawed evidence.

Retaining a skilled defense attorney is vital for anyone facing criminal charges. These professionals defend your rights in court while offering guidance throughout the legal process. Their knowledge and experience help ensure that every aspect of the case is handled correctly, increasing the chances of a fair and favorable outcome.

The Wisconsin criminal defense attorneys at Cohen Law Offices understand what’s at stake for you if you face criminal charges. We’re here to explain how the system works, fight for your rights, challenge the prosecutor’s claims, and help you reach the best possible outcome for your situation. Call (715) 643-8778 today or complete our contact form for a confidential case evaluation.

The Real Importance of Criminal Defense Lawyers and Why We Need Them – We Are in the Constitution

websitebuilder@thryv.com — Wed, 15 May 2024 14:17:48 GMT

Facing criminal charges is a highly stressful situation. For most accused individuals, their lack of knowledge and experience of the criminal justice system is a major contributor to that stress. This is why it’s so essential that you have an experienced criminal defense lawyer guiding you through the process. Your attorney will make sure you understand your rights and the charges against you. They’ll bring their deep understanding of the law to your defense, giving you a much better chance to effectively present your side and achieve the most favorable outcome possible.

Advantages of Hiring a Criminal Defense Attorney

Having access to an attorney isn’t just helpful – it’s also one of your legal rights guaranteed by the Sixth Amendment to the U.S Constitution.

Hiring a capable attorney for a criminal defense case in Wisconsin comes with several advantages. These benefits are essential to understand if you find yourself facing criminal charges:

They’ll Help You Understand Your Legal Rights – A good attorney will ensure you fully understand your rights under the law and will hold police and prosecutors accountable for respecting these rights throughout the legal process.
They Have Knowledge of the Court System – Defense attorneys know the local court systems and the nuances of Wisconsin’s legal procedures, which can greatly influence your case’s outcome.
They’ll Craft a Strategic Defense – Your lawyer will develop a tailored defense strategy based on your specific situation, increasing your chances of a favorable outcome.
They Have Strong Negotiation Skills – Experienced defense attorneys have strong negotiation skills that can result in dropped or reduced charges or a lighter sentence, depending on the facts of your case.
They’ll Provide Valuable Support – Facing criminal charges can be overwhelming and stressful. A defense attorney provides both legal and emotional support through this challenging time.

Risks of Not Hiring a Criminal Defense Attorney

Choosing to represent yourself instead of retaining a criminal defense attorney can expose you to numerous risks and potential disadvantages in your case. Here’s what could happen if you don’t obtain legal representation:

Higher Risk of Conviction – Without the guidance of a knowledgeable attorney, you might miss vital legal defenses or fail to have illegally obtained evidence suppressed, which can increase the likelihood of a conviction.
Harsher Sentencing – If convicted, individuals without legal representation often receive harsher sentences than those who have attorneys advocating for their interests.
Legal Missteps – The legal system is complex and filled with critical deadlines and procedural rules. Missing any of these can severely jeopardize your case.
Stress and Uncertainty – Managing your own defense adds significant stress and uncertainty to your life. This emotional burden can be overwhelming without the support of a professional who understands the process.

Why Choose Cohen Law Offices for Your Wisconsin Criminal Case?

At Cohen Law Offices, our criminal defense lawyers have over 45 years of combined experience, giving us in-depth insights into the Wisconsin criminal justice system. We know the relevant laws and courts, and we can put our knowledge to work for you. Furthermore, we prepare for every case as if it’s headed to trial – we aren’t looking for a quick plea deal if that’s not the best result for your situation.

Who you choose to represent you in a criminal case is one of the most important decisions of your life. Cohen Law Offices has the drive, skill, and experience to help you reach the best possible outcome in your situation. Call (715) 814-8058 or reach out online for a confidential case evaluation.

Miranda Warnings: What They Really Are and WHEN They Need to Be Given

websitebuilder@thryv.com — Tue, 14 May 2024 15:48:49 GMT

You’re likely familiar with police telling someone they have the right to remain silent. These words are part of the Miranda warnings the police must give to anyone they arrest, and they are crucial to protecting your rights. It’s essential to understand what these warnings mean and when law enforcement must provide them. In a real-life arrest situation, these details can have a considerable impact on your case.

Where the Term “Miranda Rights” Comes From

The term “Miranda rights” comes from a landmark case called Miranda v. Arizona . In 1966, the Supreme Court decided this vital case involving a man named Ernesto Miranda, who confessed to a crime without knowing he had the right to stay silent and the right to have a lawyer help him. The Supreme Court ruled that the police must give everyone these warnings before questioning. This decision led to the creation of the Miranda warnings, which police officers must recite to inform people of their rights. That’s why we often hear about Miranda rights in criminal cases.

What Are Your Miranda Rights?

Under the Miranda v. Arizona decision, police must explain certain fundamental rights to individuals before questioning them in custody. These rights include:

The Right to Remain Silent – You don’t have to answer any questions or say anything that might incriminate you, as what you say can be used against you in court. If you choose to speak, you can decide at any time to stop.
The Right to an Attorney – You can have a lawyer present during questioning. If you can’t afford one, the government will appoint a public defender for you at no charge. You may ask for a lawyer at any point during the interrogation

These warnings protect your rights and ensure due process in criminal cases.

When Do Miranda Rights and Warnings Apply?

In general, your Miranda rights apply when two conditions are met in a criminal case: you are being taken into police custody, and they intend to interrogate you. This means that if the police take you into custody and start asking questions about a crime, they must first inform you of your Miranda rights.

However, there are exceptions to when the police must give these warnings. For instance, if you are not in custody – for example, if you’re talking to officers at your home or on the street without your freedom of movement being restrained – the police typically do not need to read you your Miranda rights. Also, if you make a voluntary statement without being prompted by police during a routine interaction, such as during a traffic stop, these rights do not always apply.

Have the Police Violated Your Miranda Rights? We Can Help

Proper Miranda warnings are a crucial component of criminal cases in Wisconsin. If the police questioned you without giving you these warnings, an attorney at Cohen Law Offices can help you take action to prevent information the police got through unlawful interrogations from being used against you. Call us at (715) 317-5207 or complete our contact form for a confidential consultation.

The Realities of Being Arrested for Operating While Intoxicated

websitebuilder@thryv.com — Fri, 03 May 2024 23:17:32 GMT

In Wisconsin, the laws surrounding Operating While Intoxicated (OWI) are stringent and aim to deter individuals from driving under the influence of alcohol or drugs. For a first-time offense, drivers face fines, a suspension of driving privileges, and potentially mandatory alcohol education programs. The severity of penalties escalates with subsequent offenses, introducing the possibility of jail time, longer suspension periods, and even the installation of ignition interlock devices.

Wisconsin law also differentiates between levels of impairment and the presence of minors in the vehicle at the time of the offense, which can further increase penalties. Understanding these laws is crucial for anyone facing OWI charges in Wisconsin, as the legal outcomes can significantly impact one's future.

Understanding OWI

OWI laws are designed to deter and penalize individuals who operate a vehicle while under the influence of alcohol, drugs, or a combination of both. In most jurisdictions, including Wisconsin, the legal Blood Alcohol Concentration (BAC) limit is set at 0.08%. However, it's important to understand that individuals can still face arrest for BAC levels below 0.08% if such levels are deemed to impair their driving ability.

Law enforcement officers are trained to recognize signs of impairment, which can vary from delayed reaction times to erratic driving behavior. The goal of these laws is to enhance road safety by preventing accidents and injuries caused by impaired driving.

The Moment of Arrest

The arrest process is often intimidating. It typically begins with a traffic stop, followed by field sobriety tests and a breathalyzer test. Failing these tests results in immediate arrest and transportation to a police station for booking. This moment marks the beginning of a challenging legal process.

Legal Proceedings

Following an arrest, the individual accused undergoes a series of legal procedures. First, you'll face pre-trial conferences, where preliminary discussions about the case take place. Depending on the progression of these stages, the situation may lead to a trial. Throughout these legal proceedings, both sides present evidence pertinent to the case. The defense is given a chance to challenge the charges, arguing against the prosecution's evidence and presenting their own to prove the accused's innocence or negotiate lesser penalties.

Given the intricate nature and severe consequences associated with OWI laws, securing proficient legal counsel is of paramount importance. An experienced attorney can navigate the complexities of the legal system, advocate on the accused's behalf, and work towards achieving the most favorable outcome.

Long-Term Ramifications

An OWI arrest can significantly disrupt one's daily life. License suspension limits mobility, compounding the challenge of fulfilling personal and professional responsibilities. The financial strain from fines and legal fees can also be substantial.

Beyond the immediate consequences, an OWI conviction can have lasting implications. It may affect employment opportunities, especially for jobs requiring clean driving records. Additionally, the conviction can lead to increased insurance rates and potential social stigma.

Moving Forward

Recovering from an OWI arrest is a process that requires both patience and a strong commitment to change. Participating in rehabilitation programs and support groups can offer tremendous benefits, providing the necessary tools and community support to navigate through this challenging time. Additionally, it's crucial to comply with all legal requirements set forth by the courts. This could include the installation of ignition interlock devices in your vehicle, which prevent the car from starting if alcohol is detected in the driver's breath. Adhering to these stipulations can help you achieve legal redemption.

Conclusion

Being arrested for OWI is a serious matter with profound implications. It serves as a stark reminder of the dangers of impaired driving. However, with the right approach, it's possible to move beyond the arrest, learn from the experience, and make safer, smarter choices in the future.

How to Choose a Criminal Defense Attorney

websitebuilder@thryv.com — Fri, 03 May 2024 02:43:31 GMT

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.

Understanding Wisconsin OWI laws: What you need to know

websitebuilder@thryv.com — Sat, 27 Apr 2024 17:59:28 GMT

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.

Navigating the Bail Process in Eau Claire

websitebuilder@thryv.com — Thu, 25 Apr 2024 03:39:12 GMT

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) 643-8778 today.

Juvenile Justice System in Wisconsin

websitebuilder@thryv.com — Wed, 24 Apr 2024 03:27:31 GMT

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) 382-9447 for a consultation to discuss how we can assist you in navigating your legal challenges with confidence and professionalism.

Can an Inmate Be Involuntarily Medicated in Wisconsin, Even If They Aren’t Dangerous?

websitebuilder@thryv.com — Wed, 17 Apr 2024 23:22:36 GMT

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.

Will the Court Consult Similar Cases When Deciding a Criminal Sentence?

websitebuilder@thryv.com — Mon, 15 Apr 2024 23:15:25 GMT

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.

If Someone Identifies You on Social Media, Is It Admissible in Court?

websitebuilder@thryv.com — Tue, 09 Apr 2024 23:01:30 GMT

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.

Warrantless Seizures and Your Fourth Amendment Rights

Tue, 09 Apr 2024 20:42:56 GMT

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.

Five Things to Know About Expungement in Wisconsin

websitebuilder@thryv.com — Thu, 28 Mar 2024 21:30:40 GMT

Expungement is a legal process that allows individuals with a criminal record to have their records sealed from public view. In the state of Wisconsin, expungement can provide a second chance to those who have made mistakes in the past. If you are considering pursuing expungement in Wisconsin, here are five things you should know about the process and why it's an opportunity worth pursuing.

Eligibility Criteria

In the state of Wisconsin, individuals may qualify for expungement under specific conditions. One such condition is being under the age of 25 at the time of the offense. Additionally, eligibility requires completing the imposed sentence and maintaining a clean record without further criminal activity. It is crucial to understand that not all offenses are eligible for expungement, underscoring the importance of seeking guidance from a legal professional to assess your specific eligibility status.

Benefits of Expungement

Expungement can have a significant impact on your future opportunities. With a criminal record, you may face barriers when applying for jobs, housing, or educational opportunities. Expunging your criminal record serves as a crucial step in rebuilding your life, essentially allowing you to reset your reputation and open doors that were once closed due to past indiscretions. By having your record expunged, you can start fresh and pursue your goals without the stigma of past mistakes holding you back.

The Expungement Process

The process of expungement in Wisconsin requires that you be found eligible for expungement at the time of your Sentencing Hearing. It then requires you to complete all aspects of your sentence in order to qualify. Not being found eligible at sentencing or not properly completing the sentencing requirements can impact your ability to qualify for having your record expunged. Having a well-versed attorney by your side can significantly streamline the process, ensuring that all necessary legal requirements are met and potentially enhancing your likelihood of achieving a successful outcome.

Timeframe and Cost

The timeframe for expungement in Wisconsin can vary depending on the complexity of your case and the court's schedule. Typically, the process can take several months to complete, involving multiple steps such as petition filing, court hearings, and review periods. Moreover, beyond the associated fees for filing a petition for expungement, there might be additional costs related to legal representation or document preparation. Despite the initial expenses, the long-term benefits of expungement in terms of employment opportunities, housing eligibility, and overall quality of life are invaluable, making it a strategic investment in shaping a brighter future.

Impact on Future Opportunities

Expungement can truly be a transformative process, offering a fresh start by opening doors that may have been previously closed due to a criminal record. With a clean record, you not only enhance your job opportunities and housing options but also pave the way for a brighter future. The ability to remove past legal barriers through expungement empowers you to redefine your path and create a more promising life. By actively seeking expungement, you are demonstrating a commitment to shaping a better tomorrow for yourself and embracing the opportunity to leave any lingering shadows of the past behind.

Expungement in Wisconsin is an opportunity worth pursuing for individuals looking to move forward from past mistakes and build a better future for themselves. By understanding the eligibility criteria, benefits, process, timeframe, and impact of expungement, you can make an informed decision about pursuing this legal remedy. With the assistance of a skilled attorney, you can navigate the expungement process with confidence and increase your chances of success. Don't let a criminal record hold you back—explore the option of expungement and take the first step towards a brighter future. If you'd like to pursue expungement in Wisconsin, reach out to our team at Cohen Law Offices today!

Can I Get More Jail Time than the Prosecutor Recommends?

websitebuilder@thryv.com — Mon, 25 Mar 2024 00:49:17 GMT

There are many reasons why you may consider a plea agreement. If you fight the charges and you are found guilty, you may receive a stiffer sentence after a conviction. Your agreement is to plead guilty, either in exchange for lesser charges or the recommendation of a lesser sentence. Prosecutors can make a recommendation, but they cannot actually impose a jail sentence. That job falls solely to the judge.

The court would need to review the plea agreement between you and the prosecutor. All the prosecutor does is make a sentencing recommendation to the judge. The court is not bound by the terms of the plea deal. The judge still has discretion when it comes to imposing a sentence.

Once you have reached a plea bargain, the judge may hold a hearing in court. The judge wants to know that you understand the ramifications of a guilty plea and that you have full awareness of what you are doing. The judge wants to know that you are pleading guilty of your own volition and are not forced to do so.

The Judge Ultimately Determines the Length of the Sentence

Then, the judge would hold a sentencing hearing to review the prosecutor’s recommendation. In many cases, the judge would accept the prosecutor’s recommendation and sentence you in accordance with the terms of your plea deal.

However, the judge may also want to hear from you and from the alleged victim. The judge may consider things such as the impact on the victim and the level of remorse.

There are times when the judge may decide to give a sentence that is higher than the recommendation. They are entitled to rely on their own opinion of the gravity of the offenses and whether the proposed jail sentence is an adequate punishment. In some cases, the judge may give a stiffer sentence when they think that a defendant has gotten a “sweetheart deal.”

While a judge has the right to impose a higher sentence, it certainly does not happen all the time. Nonetheless, you need to be aware of the fact that your fate is still out of your hands, even when you think that you have negotiated for more certainty.

Thus, it is crucial to keep getting legal help through the end of the criminal justice process. An attorney could negotiate the best possible plea deal for you, but it is not the end of the story. Your attorney needs to fight for your rights all the way through the sentencing procedure. There is still a story that you need to tell right up to the moment that the judge imposes a sentence.

Call an Eau Claire Criminal Defense Attorney

The attorneys at the Cohen Law Offices will provide you with a vigorous legal defense that is aimed at obtaining the best possible result for you. To speak with a lawyer, you can message us online or call us today at 715-382-9447 .

What Defenses are Available to Domestic Violence Charges

websitebuilder@thryv.com — Wed, 13 Mar 2024 06:41:02 GMT

Domestic violence cases can be incredibly complex and emotionally charged. If you are facing domestic violence charges, it is important to understand the available defenses and how they can impact your case. In this blog post, we will explore some of the defense options you may have and why hiring a skilled attorney is crucial to protecting your rights.

What is Domestic Violence?

Before discussing the defenses, it is important to have a clear understanding of what domestic violence entails. Domestic violence refers to abusive behavior, both physical and emotional, within a domestic or family relationship. This can include violence or threats of violence against a:

Spouse
Partner
Child
Roommate
Parent
Other family member

What are the Penalties for Domestic Violence?

The penalties for domestic violence vary depending on the circumstances and the severity of the offense. In Wisconsin, the penalties can range from fines and probation to imprisonment. Additionally, a conviction can have long-lasting consequences, including damage to your reputation, loss of certain rights, and difficulties in finding employment.

An Attorney Can Often Raise Legal Defenses

When facing domestic violence charges, it is vital to have an experienced attorney representing you. A lawyer can often effectively raise legal defenses on your behalf. Here are some common defenses that may be applicable to your case:

Self-Defense

Self-defense is a defense strategy that argues that you acted in accordance with the law to protect yourself or others from imminent harm. If it can be proven that you reasonably believed that you were in danger and used necessary force to defend yourself, this defense can be effective.

False Accusations

Domestic violence cases are often he-said, she-said scenarios, making false accusations a potential defense strategy. Your attorney will thoroughly investigate the circumstances surrounding the alleged incident, looking for inconsistencies or motives for false accusations. They will gather evidence, such as text messages, emails, and witness testimonies, to support your defense.

Lack of Evidence

In any criminal case, the burden of proof lies with the prosecution. If there is insufficient evidence to support the domestic violence charges against you, your attorney can argue for a dismissal or to have the charges reduced.

Violation of Constitutional Rights

Law enforcement must follow strict protocols when investigating domestic violence cases. If your constitutional rights were violated during the arrest, questioning, or gathering of evidence, this can be used as a defense in court. Your attorney will closely examine the actions of law enforcement to identify any violations.

Expert Witness Testimonials

In some cases, expert witnesses can provide valuable testimony to support your defense. These experts may include psychologists, forensic experts, or medical professionals who can provide insight into the alleged incident or the mental state of the individuals involved.

It is important to note that every case is unique, and the defense strategy will depend on the specific circumstances. This is why having a seasoned attorney who specializes in criminal defense is crucial. They can assess the details of your case and create a tailored defense strategy to give you the best possible outcome.

Call an Eau Claire Criminal Defense Attorney

If you are facing domestic violence charges in the area of Eau Claire, it is vital to seek the assistance of a skilled criminal defense attorney. Cohen Law Offices is a team of trial lawyers who are always prepared to take a case to trial. With their advanced preparation approach and deep knowledge of the legal system, they can provide the guidance and support you need in navigating through this challenging time.

To learn more about how Cohen Law Offices can help you, contact us today at 715-382-9447 or contact us online to schedule a consultation. Don't face domestic violence charges alone – let the experienced lawyers at Cohen Law Offices fight for your rights and advocate for the best possible outcome.

When is Self-Defense Reasonable?

websitebuilder@thryv.com — Tue, 05 Mar 2024 19:39:05 GMT

Being accused of a violent crime can be a daunting and scary experience. It's a situation no one wants to find themselves in, but unfortunately, it can happen to anyone. When facing criminal charges alleging violent conduct, understanding the concept of self-defense and its reasonableness can make a significant difference in your case.

If you're in the area of Eau Claire, Wisconsin, and require legal assistance, Cohen Law Offices is here to guide you through the complexities of self-defense cases. Call us today to learn how we can help.

What is Self-Defense?

Self-defense is a legal concept that allows individuals to use reasonable force to protect themselves from harm or danger. It acknowledges that when faced with imminent threats, individuals have the right to defend themselves physically. The key to understanding self-defense in legal terms is the concept of reasonableness.

The Concept of Reasonableness in Self-Defense Cases

To determine whether self-defense is reasonable in a particular case, several factors are considered. The totality of the circumstances is taken into account, including the threat's severity, immediacy, and the fear and belief of the person using self-defense. The response must be in proportion to the perceived threat, and force beyond what is necessary may no longer be considered reasonable.

When it comes to determining reasonableness, judges and juries review the actions of the person claiming self-defense and evaluate their responses against what a reasonable person would do in the same situation. This evaluation is crucial, as it plays a significant role in determining the outcome of the case.

Some of the specifics of Wisconsin's self-defense statute include the following:

You cannot use force that is intended or likely to cause fatal injuries or great bodily harm unless you reasonably believe it is necessary to prevent fatal injuries or great bodily harm to yourself.
In certain cases, there is a presumption that it was reasonable to believe that the force was necessary to prevent death or great bodily harm if a person trying to break in or had broken into your home, car, or place of business.
If you engage in unlawful conduct that is likely to provoke others, you cannot claim self-defense. This provision does not apply if you reasonably believe you were in imminent danger of death or great bodily harm. If you do, you can act in self-defense, but not the use of force that is intended or likely to cause death or great bodily harm unless you have exhausted every other reasonable means of escape.

Do You Need a Lawyer to Raise Self-Defense?

It is in your best interest to seek legal representation from an experienced Eau Claire criminal defense lawyer like those at Cohen Law Offices. Navigating the complexities of self-defense cases requires an in-depth understanding of the law and the ability to present a compelling defense. Having a skilled attorney by your side can significantly increase your chances of successfully proving self-defense.

Contact an Eau Claire Criminal Defense Lawyer Today

If you or someone you know is accused of a violent crime and needs legal assistance in Eau Claire, Wisconsin, Cohen Law Offices is here to help. With over 47 combined years of experience serving clients in Northwest Wisconsin, our team of dedicated criminal defense lawyers is well-equipped to handle self-defense cases. Call us at 715-382-9447 or visit our website to schedule a consultation and let us guide you through the legal process.

The Devastating Effects Of A Felony Drug Charge On Your Parental Rights

websitebuilder@thryv.com — Mon, 04 Mar 2024 21:05:00 GMT

Being convicted of a felony drug charge can turn your life upside down. It can have a severe impact on your future, particularly when it comes to your parental rights and your relationship with your children.

The repercussions of such charges can lead to losing custody of your children and the ability to provide them with a good life. So, what should you expect in case you're facing charges related to drugs? In this blog post, we will discuss in-depth how a felony drug charge can affect your life, especially when you have children.

Felony vs. Misdemeanor

The difference between a felony drug charge and a misdemeanor drug charge is significant. A list of factors influences the charges that you are likely to face and how those charges will affect your life. Felony charges are generally for more severe drug-related problems, such as trafficking or manufacturing drugs. Some drugs are automatically classified as more felonious as others, such as methamphetamine, and will lead to heavier charges.

These types of charges come with harsher sentences, including long jail terms, hefty fines, and possible probation. On the other hand, a misdemeanor drug charge is typically for lesser drug offenses such as possession of small amounts of drugs. Jail time and fines that you can expect for a misdemeanor drug charge are relatively lesser than felony drug charges and often lead to lesser long-term repercussions.

Custody of Your Children

One of the most significant effects of a felony drug conviction in regards to your children is the loss of your parental rights, which can occur in extreme cases. You could lose the ability to make decisions in your child's life, as well as visitation and custody rights. This can be devastating to both you and your child, and it can happen due to concerns about your child's safety or wellbeing when in your care. If you're going through a divorce, the other parent can use your drug charges against you in custody battles, making it even harder to keep your children.

You're most at risk of losing custody of your children in a drug-related criminal charge if you are to be incarcerated for a long period of time and won't be able to continue a normal relationship with your children. If you are already an absent parent or have had issues with domestic violence or child neglect (drug-related or otherwise), you may also be more likely to either lose parental rights or have your custody of your children greatly affected.

Getting Jobs and Other Opportunities

One thing that people often do not consider is how a felony drug conviction can influence their ability to get jobs or work. Even if you serve your sentence and finish probation, you may face difficulties securing gainful employment and providing for your children.

Many employers conduct background checks, and having a criminal record can make it challenging to pass these screenings. This can severely limit your job opportunities and limit your ability to take care of your family. When applying for jobs following a drug conviction, it's wise to be honest with potential employers of any criminal convictions.

The Type of Drug

Another factor that determines the impact of your drug charge concerning your parental rights and your children is the type of drug involved. For instance, if you're caught with marijuana, it might lead to less harsh drug charges than if you were caught with harder drugs such as meth, heroin or cocaine. Even possessing prescription drugs without a prescription can elicit serious punishment, including felony charges. Your criminal attorney can assist you in your case if you have been charged with drug crimes related to more serious drugs.

Why You Need an Attorney

Facing drug charges as a parent is one of the most difficult things you will ever experience. It's vital that you get the representation of an experienced and aggressive criminal defense attorney who can advocate for you. An attorney will help you navigate the legal system, and find the best possible outcome for your situation. They will work tirelessly to ensure you have a fair trial and push for more lenient sentences if possible.

A felony drug charge can have devastating effects on your life, especially when you have children. You can lose custody of your children, your ability to get a job or provide for your family. You could also face harsher and more severe sentences compared to a misdemeanor drug charge. For these reasons, it is crucial to secure an attorney who can represent you and help you navigate the legal system. Call Cohen Law Offices today. Results matter.

Officers Only Need Reasonable Suspicion to Search People on Probation

websitebuilder@thryv.com — Mon, 04 Mar 2024 16:27:05 GMT

In State v. Anderson , the Wisconsin Supreme Court affirmed the circuit court’s ruling that the search of a man on probation was permissible, based on both 2013 Wisconsin Act 79 and the totality of the circumstances.

Wisconsin has a law that allows for a lower standard for searching someone who is on probation. Usually, the standard for conducting a search is that the officer must have probable cause. Under Act 79 , officers need only have reasonable suspicion that a crime is being committed. The reasonable suspicion standard is a lower one. Normally, the reasonable suspicion standard is the one used to allow officers to perform a limited investigative stop.

One of the major issues in the case was whether the officer actually knew of Anderson’s probationary status before he conducted the search. The officer had claimed that he knew of the status before the search without volunteering much more about what he knew. The officer did a records search and found the date that Anderson was sentenced to probation. He did not necessarily know how long Anderson was on probation for and whether he was actually on probation at the time of the search.

There Were Numerous Factors that Gave Reasonable Suspicion When Taken Together

Finding that the reasonable suspicion standard applies because of Act 79, the court then proceeded to analyze whether there was reasonable suspicion for the actual investigative stop. Here, there were four factors that supported the findings of reasonable suspicion:

There was an informant’s tip that Anderson was selling drugs in a certain location (informant’s tips are important in finding reasonable suspicion)
The same officer had previously arrested Anderson in the past
Anderson was present in an area that was known as a high drug-trafficking area
Anderson was behaving in a suspicious manner, looking away from the officer and riding down the alley away from the officer.

Although none of these factors on their own are enough to reach the probable suspicion standard, all of them together were enough to support a warrantless search of the defendant.

Under Wisconsin law, fewer legal rights if you are on probation . That is something that you need to keep in mind before you plead guilty to a crime. It may be harder to suppress evidence that was seized from you in a search when you are on probation. If the search was based on a reasonable suspicion standard, it may still be possible for you to successfully file a motion to suppress the evidence. It is by no means automatic that a court will always uphold a search conducted pursuant to that standard.

Contact an Eau Claire Criminal Defense Attorney Today

If you have been charged with a crime, the attorneys at Cohen Law Offices can review all the evidence that law enforcement proposes to use against you. There may be an opening to challenge evidence that law enforcement needs to try your case successfully. You can message us online or call us today at 715-382-9447 to schedule a free initial consultation.

Can the Police Draw Your Blood Without Your Consent if You are Suspected of DUI?

websitebuilder@thryv.com — Sat, 24 Feb 2024 15:07:18 GMT

The 4th Amendment prohibits unreasonable searches and seizures by the police – but certain exceptions apply. For example, if there is a threat of the immediate destruction of evidence, they can typically conduct a search due to an exception usually referred to as the exigent circumstances exception.

Is the natural metabolization of alcohol the same thing as the destruction of evidence? That’s what a Missouri prosecutor argued in a drunk driving case that ended up at the Supreme Court.

Missouri v. McNeely: The Facts

On October 10th, at about 2 a.m., a highway patrol officer observed Tyler McNeely speeding and crossing over the center line. The officer pulled McNeely over and observed signs of intoxication, including slurred speech, bloodshot eyes, and the smell of alcohol. McNeely failed field sobriety tests and refused a breathalyzer test. He also said he would refuse one at the police station.

The officer drove McNeely to a medical center and asked him to consent to a blood test, which he refused. The officer then instructed a lab technician to draw McNeely's blood, which the technician did. The blood sample showed a BAC of .154, higher than Missouri's legal limit of .08 percent. McNeely was charged with BAC and moved to suppress the evidence, arguing that the blood draw was an unreasonable search and seizure.

The Lower Court Decisions

At trial, the court agreed with McNeely and suppressed the evidence. Later, the prosecution argued that the test was justified under the exigent circumstances exception to the 4th Amendment because the alcohol in McNeely’s system was metabolizing. Ultimately, the Missouri Supreme Court agreed with the trial judge that the state trooper had violated McNeeley’s Rights.

The Supreme Court Weighs In

The Supreme Court ruled, in a 5-4 decision, that the dissipation of alcohol alone did not create an automatic exigency and that the Fourth Amendment's protection against unreasonable searches and seizures required a case-by-case analysis. This decision reaffirmed the importance of obtaining a warrant before conducting a blood test, except in genuine emergency situations.

What Should You Do if You Believe the Police Violated Your Rights

If you have been pulled over and subjected to a search or seizure, the first thing you should do is ask for an attorney. An attorney can review the facts of your case and determine whether any legal defenses apply. In addition, when you ask for a lawyer, the police must immediately stop questioning you until your lawyer is present. As a result, simply asking for a lawyer can protect your rights and prevent the police from getting you to say something self-incriminating.

Call Us Today to Speak with an Eau Claire DUI Defense Lawyer

If you have been accused of drunk driving, it's in your best interest to contact an attorney as soon as possible. In many cases, a lawyer may be able to identify and raise defenses that could result in a favorable outcome for your case. To schedule a case evaluation with an experienced DUI defense lawyer in Eau Claire, contact us online or call our office today.

When Can the Police Stop and Frisk You?

websitebuilder@thryv.com — Tue, 13 Feb 2024 19:24:24 GMT

The 4th Amendment protects people from unreasonable searches and seizures performed by the police or other government actors. That said, the police have a legitimate interest in protecting themselves and public safety when investigating crimes.

These two interests are often at odds and create complicated legal questions. Typically, the police need a warrant or probable cause to conduct a search, but what if they want to investigate a suspicious situation but do not have either? The United States Supreme Court addressed this question in Terry v. Ohio and, in answering it, created a legal lower standard than probable cause that justifies a limited search known as a stop and frisk.

Terry v. Ohio: The Facts

A detective observed two men observing a store window multiple times in downtown Cleveland. He followed the men, who joined up with a third. The detective believed they were "casing" the store, approached them and identified himself as a police officer. At this point, the detective patted down one of the suspects and discovered a pistol. Upon ordering the three men to face the wall, he patted down all three and found a revolver on another suspect.

At trial, the defense attempted to suppress the weapons, but the court denied their request on the grounds that the search was reasonable under the circumstances, and the state Supreme Court agreed.

The Supreme Court’s Holding

On appeal, the United States Supreme Court held that it is constitutionally permissible for a police officer to stop and briefly detain a person if the officer has a reasonable suspicion that the person may be involved in criminal activity, even if the officer lacks probable cause for an arrest. This type of brief investigative stop is often referred to as a "Terry stop."

The Court also ruled that if, during a Terry stop, the officer has a reasonable belief that the person may be armed and dangerous, the officer can conduct a limited frisk (pat-down) of the person's outer clothing to search for weapons. This is done to ensure the safety of the officer.

The Court held that these "stop and frisk" actions do not necessarily violate the Fourth Amendment's prohibition against unreasonable searches and seizures as long as they are based on reasonable suspicion and are limited in scope to what is necessary for officer safety.

Call Us Today to Speak with an Eau Claire Criminal Defense Lawyer

If you are facing criminal charges after the police searched you or seized you or your property, you should speak to an attorney as soon as possible. In some cases, it may be possible to have the evidence against you excluded from court, which can often lead to the charges against you being dropped or an acquittal at trial. At Cohen Law Firm, we are committed to protecting your rights and holding the police accountable when they violate the law. Call us today or contact us online to schedule a consultation with a criminal defense attorney in Eau Claire.

What Happens if Plea Agreement Negotiations Fall Through?

websitebuilder@thryv.com — Tue, 13 Feb 2024 17:06:39 GMT

You may be concerned about speaking with the prosecutor about negotiating a plea agreement. One of your worries is that the fact that you are talking to them about the possibility of pleading guilty may make it look as if you are guilty. You can still go to trial if you do not reach a plea agreement. The prosecutor must still prove your guilt to a jury beyond a reasonable doubt. Your legal situation would not be complicated by the fact that you tried to negotiate a plea bargain.

There are certain things that are not allowed to be introduced into court as evidence to be used against you. In both criminal and civil cases, evidence of settlement negotiations is not admissible in court. Public policy wants litigants, including criminal defendants , to reach a potential resolution without the need for a trial. The law does not want you to fear trying to reach a plea deal because you are worried about the “what if” in case negotiations fall through.

Reaching a plea agreement is often not as easy as pleading guilty in exchange for a reduced sentence. Law enforcement may want to know certain information from you that could help them prosecute others. Since your testimony may be a part of the plea agreement, the prosecutor may want a better idea of what you know and the testimony that you may be able to give in court.

Information in Your Proffer Cannot Be Used Against You

Prosecutors will often enter into an arrangement with you that is known as “queen for a day.” You would give a proffer that includes what your testimony could be and other information that prosecutors want to know.

You may be concerned about what would happen to the information that you gave in the proffer if your plea negotiations go nowhere. You have a legitimate right to be concerned. However, the prosecutor cannot directly use the information in your proffer against you. Nonetheless, the prosecutor can use the information in the proffer as the basis for additional investigation.

You are often playing a delicate game when you are trying to negotiate a plea agreement and give a proffer. On one hand, you do not want to give more information than is absolutely necessary. On the other hand, you need to show your value as a testifying witness to the prosecutor, such that they would want to give you a better plea deal.

Accordingly, it is crucial to be guided by an experienced lawyer when you are considering pleading guilty. Most criminal cases will result in a plea agreement . Still, you want to be in a strong negotiating position and not do anything that would harm your legal defense.

Contact an Eau Claire Criminal Defense Attorney Today

When you need an experienced criminal defense attorney, reach out to the Cohen Law Offices immediately. You can schedule an initial consultation by messaging us online or by calling us today at 715-382-9447 .

The Reality Of Assaulting A Pregnant Partner

websitebuilder@thryv.com — Thu, 08 Feb 2024 18:53:07 GMT

Assault is a serious crime that can cause physical harm, psychological trauma, and emotional distress to the victim. Any time a person is assaulted, and it gets reported, it's a serious situation that can lead to potential jail time, probation, or other consequences.

However, when it comes to assaulting a pregnant partner, it can be even more traumatizing and life-threatening for both the mother and child. If you find yourself in an altercation with your pregnant partner, it's important to know how it differs from an assault on a non-pregnant family member and what legal consequences you could face.

Here, we will cover everything you need to know about assaulting a pregnant partner, including the importance of being honest with your attorney and how your past criminal history can affect your current situation. For legal advice, especially if you are facing serious felony assault charges, you need to retain a criminal lawyer to assist you and represent you in court.

Understanding the Offense

The first thing to understand about assaulting a pregnant partner is that it's considered a separate offense from assaulting a non-pregnant family member. This is because your actions can potentially harm two lives instead of just one, and the legal system takes that very seriously.

Depending on the severity of the assault, you could be charged with various crimes, such as domestic battery, assault with a deadly weapon, or even attempted murder, which all carry different degrees of punishment. It's crucial to have a knowledgeable attorney who specializes in these types of cases and can explain the nuances of the law to you.

Maintaining Honesty with Your Attorney

One thing that you should never do is lie to your attorney about the circumstances surrounding the assault. This includes whether or not you knew your partner was pregnant, any previous incidents of domestic violence, or if you were under the influence of drugs or alcohol at the time of the assault. Your attorney needs to know all of this information in order to build a strong defense and to make decisions that are in your best interest.

If you withhold information, it can make it harder for your attorney to defend you in court and can potentially result in a longer jail sentence.

Further Repercussions

Aside from the legal repercussions of assaulting a pregnant partner, it's important to consider the emotional toll it can take on both the mother and child. Assault can cause stress to the mother, which could lead to preterm labor, miscarriage, or other pregnancy complications. It can also negatively impact the long-term health and development of the child.

Even if the assault causes no physical harm, the psychological trauma can lead to anxiety, depression, and post-traumatic stress disorder for both the mother and child. These are all important factors to consider when facing an assault charge. If the mother chooses to press charges against you (in addition to or in lieu of any state charges), you may face more than simple assault and battery, and the charges can become more severe.

Past Criminal History

If you have a past criminal history, it's important to bring it up to your attorney as soon as possible. It often comes into play and can be a major factor in determining sentencing and whether you can be released of your own recognizance. Even a misdemeanor criminal history unrelated to assault or battery can hurt your current case. Depending on the severity of your previous convictions, it could potentially lead to a longer jail sentence or higher fines.

However, it's important to note that just because you have a criminal history, it doesn't mean you're automatically guilty of assaulting your pregnant partner. Your attorney can help you argue your case and ensure that you receive a fair trial.

It's important to be honest with your attorney, no matter how embarrassing or shameful the past convictions may be. Your attorney can assist you best only if they are aware of your full story, and there is a great chance any previous criminal history is going to be revealed as part of your case anyway.

Assaulting a pregnant partner is a serious crime that can result in devastating consequences for both the mother and child. It's important to seek legal help as soon as possible and to be completely honest with your attorney about the circumstances surrounding the assault and any past criminal history. While it's best to walk away from a heated discussion with a family member rather than get physical, once assault occurs, you need to seek legal counsel.

Remember that your attorney is there to help you and to ensure that you receive a fair trial. If you or someone you know is facing an assault charge, seek legal help immediately to ensure that you receive the best possible outcome. Schedule a consult with Cohen Law Offices to see how our attorneys can assist you today.

Vega v. Tekoh: You Cannot Sue the Police for Violating Your Miranda Rights

websitebuilder@thryv.com — Mon, 05 Feb 2024 16:19:55 GMT

Miranda warnings are an integral part of our justice system that are intended to protect one's privilege against self-incrimination and right to counsel under the United States Constitution. The text of the Miranda warning has become part of our culture to the extent that anyone who has watched a moderate number of shows or movies that deal with crime or the police can recite at least part of the words, which begin with "You have the right to remain silent….

It has long been accepted that a confession given by a non-Mirandized suspect in custody is not admissible. Recently, in Vega v Tekoh, the United States Supreme Court took up the question as to whether a person who was denied a Miranda warning and had their statement used against them in court could sue. The Court answered in the negative, meaning that people whose 5th and 6th Amendment rights are violated have no recourse against the government.

The Facts of Vega v. Tekoh

Carlos Vega, a sheriff's deputy in Los Angeles County, was looking into a case where a patient who couldn't move was said to have been sexually assaulted at a hospital. The woman pointed to Terence Tekoh as the person responsible. Vega talked to Tekoh at the hospital, and Tekoh admitted to the assault by signing a confession.

When Tekoh was on trial, two judges decided that the confession could be used as evidence even though Vega did not Mirandize Tekoh when he questioned him. The judges allowed the confession because Tekoh wasn't considered to be in custody when Vega talked to him.

At Tekoh's trial, after listening to what Tekoh and his co-workers said, which was different from what Vega said, and after hearing from an expert about interrogation methods that might be forceful, the jury decided that Tekoh was not guilty.

The Supreme Court’s Reasoning

Justice Samuel Alito wrote the main opinion for the Court, holding that

A violation of the Miranda rules doesn't automatically give you the right to file a § 1983 claim.

The majority reasoned that Miranda established certain precautionary rules that require police officers to issue warnings before questioning someone in custody and prohibits the use of statements obtained in violation of these rules. However, a breach of Miranda doesn't necessarily mean the Fifth Amendment has been violated. Expanding Miranda rules to allow individuals to sue for damages under 42 U.S.C. § 1983 would provide limited benefits and burden the judicial system with substantial costs.

Justice Elena Kagan wrote a dissenting opinion, which Justices Stephen Breyer and Sonia Sotomayor supported. They argued that prior court decisions recognize Miranda as granting a constitutional right. Therefore, if this constitutional right is violated, individuals should be able to make a claim under 42 U.S.C § 1983.

Call Us Today to Speak with an Eau Claire Criminal Defense Lawyer

If you are facing criminal charges or believe the police have violated your rights, you should speak to an attorney as soon as you can. At Cohen Law Offices, we know how to protect our rights and will do everything possible to bring your case to a favorable resolution. To schedule a consultation with a criminal defense attorney in Eau Claire, call our office today or contact us online .

Why You Shouldn’t Represent Yourself in Court

websitebuilder@thryv.com — Tue, 30 Jan 2024 22:11:36 GMT

When you face criminal charges in Wisconsin, you hopefully received your Miranda Rights, which include the right to an attorney. However, some individuals might resist seeking professional legal representation in favor of representing themselves, either to save some money or to sidestep professional ethical restrictions.

If you've thought about serving as your own defense counsel, you need to recognize the many potential pitfalls of following this strategy, from the sheer complexity of the legal system to the risks of presenting your case in an amateurish manner. Consider the following reasons you should avoid representing yourself in court.

You May Lack the Necessary Objectivity

As the defendant in your own criminal case, you may naturally feel the urge to see the facts of the case in a way that shows you in a positive light or downplays unpleasant truths. No matter how clearly you try to see all sides of it, you may never approach the degree of objectivity that a legal expert can offer.

This objectivity can prove crucial to the ultimate outcome of your case. A criminal defense attorney will have no qualms about looking at every detail and asking the tough questions you may have preferred to overlook. This objective scrutiny allows the attorney to build a stronger case that addresses both positive and negative points.

You Could Receive Excessive or Unnecessary Penalties

Unless you accept whatever public defender the court decides to appoint on your behalf, you'll need to pay your legal team members for their services. If the authorities have charged you with what looks like a relatively minor offense, you might make the mistake of assuming that the professional representation doesn't merit the expense.

Even less severe offenses can impose jail time, substantial fines, or other burdens such as community service. Your sentence might even affect your child custody status or license to practice your profession. A skilled attorney knows how to make the most persuasive possible argument for a plea bargain or minimal sentence.

Your case might have a perfectly valid defense that you don't even see. Cases sometimes get dismissed due to a procedural violation or some small but all-important bit of exonerating evidence. If such a detail lurks hidden in your case, the skills and sharp eyes of a professional legal team may help you avoid conviction altogether.

You May Experience Frustrating Delays

Even though you have a right to a fair and speedy trial, the court's definition of speediness may disappoint you if you represent yourself in a criminal case. Most courts find themselves overburdened by excessive caseloads, forcing them to prioritize cases with attorneys over cases involving self-representation.

Unfamiliarity with legal procedures and protocols may lead to additional delays. If you make multiple mistakes in your attempts to follow the rules, the disposition of your case may slow to a crawl. In the worst-case scenario, the judge may even issue sanctions against you for causing unnecessary delays and confusion.

Your Pre-Trial Preparations May Overwhelm You

Many people don't realize the amount of preparation that must go into a criminal defense case, even in situations where the facts seem relatively straightforward. For instance, you may need to read, comprehend, and file numerous documents, meeting specific deadlines for each filing or other legal action.

Effective criminal defense often depends on outside aid from expert witnesses and other key personnel. If you don't know where to find these experts or which ones to choose, you could torpedo your chances in court. Experienced attorneys already have numerous connections with these valuable resources.

You May Sabotage Yourself at the Trial

As noted above, a poor understanding of legal procedures can create delays in your case and irritate the judge. However, you can also sabotage yourself in other important ways when serving as your own defense attorney in court. For instance, your opening or closing argument may fail to emphasize critical points to the jury.

During the examination and cross-examination phases of your trial, ignorance of the standard rules of evidence could cause you to damage yourself further. These rules of evidence, which lay out the procedures for presenting and objecting to evidence, can get quite complex and require legal expertise to implement skilfully.

Objections offer a prime example. Testimony and other evidence presented by the other side may or may not prove admissible or proper. An experienced attorney will know when to object to these items, and on what grounds, in the hopes of getting the judge to exclude them so they can't damage your case.

In the course of a criminal trial, attorneys typically examine friendly witnesses and cross-examine hostile ones. Effective examinations and cross-examinations stem from years of professional legal training and experience. If you lack this background, you may fail to make your points or strike down damaging testimony.

As you can see, self-representation in court can sabotage you in many ways, wiping out any potential short-term advantages you might have hoped to enjoy. If you would rather focus on presenting your case as effectively as possible, contact Cohen Law Offices today so you can benefit from our legal skills and experience.

Cohen Law Offices Again Named Local Legal Leader

websitebuilder@thryv.com — Mon, 22 Jan 2024 13:38:33 GMT

Social Media Blurb: Cohen Law Offices is once again distinguished as a “Local Legal Leader” by Eau Claire’s Volume One magazine. Learn how the criminal defense firm is making a difference in the lives of Wisconsin clients.

Cohen Law Offices Again Named Local Legal Leader

For the second consecutive year, Eau Claire’s Volume One magazine has distinguished Cohen Law Offices as a “Local Legal Leader” serving clients in the Eau Claire area. In 2022, the publication highlighted the achievements of founding attorney Michael Cohen for his work in criminal defense.

In 2023, the magazine again singled out Cohen Law Offices as a leading law firm in Eau Claire, highlighting the achievements of the firm’s other three criminal defense attorneys.

How Cohen Law Firm’s Legal Team Is Making a Difference

Volume One is a well-known local publication in the Eau Claire area. The decision to feature the work of Cohen Law Offices two consecutive years in a row stands as a testament to the life-changing difference the criminal defense firm makes when it comes to fighting for justice on behalf of clients across west-central Wisconsin.

The 2023 “Local Legal Leaders” section of the publication takes a close look at the achievements of three criminal defense attorneys at Cohen Law Offices: Karleigh Miller, Christopher Wilhelm, and Alicia Linzmeier.

In the magazine’s newest article, the team of criminal defense attorneys discusses how they prioritize communication with their clients. They mention how court proceedings can be both confusing and alarming due to a lack of legal knowledge. Clients who don’t fully understand the process aren’t able to effectively protect their own best interests.

The Cohen Law Office attorneys explain how they talk their clients through the legal process, help them understand what’s expected of them, and fight for their constitutional rights.

How Cohen Law Offices Utilizes Focus Areas to Serve Clients

The most recent Volume One article on Cohen Law Offices highlights how founding attorney Michael Cohen takes a slightly different approach to handling cases. In many criminal defense firms, attorneys on a team work individually, with all lawyers handling all types of criminal defense cases.

At Cohen Law Offices, Michael Cohen encourages the other attorneys to hone their legal skills in the areas that most appeal to them. As a result, each attorney on the team focuses on a specific area of criminal defense.

Christopher Wilhelm focuses on handling cases that involve felony-level violent crimes and sexual assault .

Karleigh Miller’s focus area is operating while intoxicated (OWI) cases, while Alicia Linzmeier focuses on domestic violence cases. Founding attorney Michael Cohen holds a long, successful track record of handling all manner of criminal defense cases.

Fighting for Justice in Eau Claire, WI

The Cohen Law Offices team credits Michael Cohen for his ability to notice the strengths and interests of the firm’s attorneys, encouraging them to develop subject-matter knowledge. The attorneys at Cohen Law Offices work together, with each attorney leveraging their knowledge to inform clients and fight for justice.

Over the past three decades, attorney Michael Cohen has built a reputation for the attention and preparation he gives to each case and the impressive results he achieves for his clients.

His firm’s success stands as a legacy, allowing his legal leadership to guide the next generation of legal professionals fighting for justice on behalf of clients in Eau Claire and across west-central Wisconsin.

Domestic Violence Charges: The First 72 Hours Are Important

websitebuilder@thryv.com — Tue, 16 Jan 2024 21:14:53 GMT

In many criminal cases, your actions can speak louder than your words and make a big impact on the case. In a situation where you've been charged with domestic violence, emotions may run high, but you do not want to run into any mistakes that cause you to get into further trouble.

Learn why the first 72 hours of a domestic violence arrest are crucial and the steps you can take to help showcase your side of the story and avoid as much jail time as possible.

No Contact Clause

In the state of Wisconsin, laws are set into place about making contact with an alleged victim of a domestic violence charge. If you've been charged, arrested, and released from jail, then you may not make contact in any way with the alleged victim of the crime. Contact includes seeing the person in person, talking on the phone, or sending text or social media messages.

You also cannot attempt to circumvent this contact clause with a third party. For example, you cannot attempt to send a message to the alleged victim through their family member to pass along. During the 72-hour window, you must avoid all contact.

Even if you shared a residence, then you must avoid the home as well. You cannot go to their home, even if you know they will not be there. If you have personal items or other items you want to take, you still must avoid the area and avoid all contact.

If you violate the no contact clause, then you could end up facing a fine up to $10,000 or a judge could sentence you up to 9 months behind bars. The one exception to this 72-hour no contact law is if the alleged victim signs a waiver that allows contact before the full 72 hours are up. You cannot request that they sign the waiver, it is done through their own choice.

If a judge sets bond with a condition of no contact with the alleged victim, that condition is separate from the 72-hour window. Bond conditions remain in place until your case is closed. Violation of bond conditions carries its own penalties: a fine of up to $10,000 or up to 6 years behind bars if you violate bond in a felony case or a fine of up to $10,000 or up to 9 months behind bars if you violate bond in a misdemeanor case.

Hiring Legal Help

When you get arrested for domestic violence, no matter how you feel about the charges, you will want a legal team on your side to represent the case. Hiring a criminal defense team is not an admission of guilt. It's a smart move to ensure you know the best steps to take moving forward. You will want to avoid any major mistakes and ensure you follow the rules correctly.

The quicker you hire legal help, the better chances you have of avoiding jail time and ensuring all of the details of your case are correct. A legal team can help you with any bail questions you have and can communicate on your behalf to other lawyers instead of contacting an alleged victim directly.

A legal team will be by your side each step of the way and can really help enhance the outcome of a case.

Gathering Evidence

Gathering evidence quickly is one of the best ways to support your side of the case. You do not want to lose the opportunity to gather evidence or miss out on key pieces of evidence that eventually become unable to retrieve. For example, specific social media apps may display certain messages for certain amounts of time.

During the first 72 hours of your case, you can work with a lawyer to obtain screenshots of any interactions or pictures you want to use as evidence in the case. By doing it the proper way, a lawyer can help make this evidence admissible in court and become a key part of the case.

Preventing Additional Charges

The last thing you want to do during the first 72 hours is add more charges to your current charges. You need to take the time to relax, control any anger you have, and gain some perspective on the situation. Try to visit some family members, relax, or seek professional help. All of these resources will ensure you don't make future mistakes.

In some cases, you may go to a lawyer for advice. A lawyer may have professional resources to help you stay out of trouble and ensure you do not add to the current charges you have. If you work, then you could focus on going back to your job and avoiding any elements of the situation that caused the arrest in the first place.

If alcohol or drug abuse was involved with your actions in any way, then you may want to cut them out or seek alternative options so you do not spiral. When you face possible jail time, you could easily spiral, but you must stay level and grounded for the best outcome in your case.

For more information on criminal defense attorneys and representation, contact us at Cohen Law Offices, LLC . We have years of experience representing clients in domestic violence cases and can help you achieve the best outcome, especially in the early hours of the case.

Can the Smell of Marijuana Satisfy Probable Cause to Search?

websitebuilder@thryv.com — Thu, 28 Dec 2023 08:12:32 GMT

Under the Fourth Amendment of the U.S. Constitution, police officers must have probable cause to make an arrest. But because probable cause is somewhat subjective and difficult to define, a judge ultimately decides whether probable cause exists based on the specifics of the case. Is the odor of marijuana sufficient probable cause to arrest and search a suspect?

This question is the primary focus of the recently decided case Wisconsin v. Moore .

In November of 2019, Quaheem O. Moore was pulled over for speeding. While making the traffic stop, the police officer detected an aroma that the officer believed to be marijuana emanating from the defendant’s vehicle. The police officer called for back-up and when backup arrived, the two officers searched Moore based on the strong presence of an odor of marijuana. During the search, the officers found two bags containing cocaine and fentanyl on Moore’s body.

Moore was charged with possession with intent to deliver narcotics and possession with intent to deliver more than one but less than five grams of cocaine, both as second and subsequent offenses and as a repeater.

Moore filed a motion to suppress the evidence of the cocaine and fentanyl, arguing that the officers lacked probable cause to arrest and search him. The circuit court granted the motion and suppressed the results of that search. The Wisconsin Court of Appeals affirmed that decision.

Upon review, the Supreme Court of Wisconsin reversed that decision, holding that the officers had probable cause to arrest Moore on the belief that he was committing or had committed a crime. Therefore, the Supreme Court found, the underlying search was a lawful search incident to arrest and there was no violation of Moore’s Fourth Amendment rights.

Probable cause can be murky. If you are charged with a crime, contact an experienced criminal defense attorney at the Cohen Law Offices at 715-382-9447 or online .

Officers Have a Broad Right to Ask Questions Before They Issue a Traffic Ticket

websitebuilder@thryv.com — Thu, 28 Dec 2023 05:28:20 GMT

The Wisconsin Supreme Court has been reducing or eliminating citizens’ protections under the Fourth Amendment in recent years. In one case, the Court greatly expanded what officers are allowed to do in pulling over and questioning motorists. If an officer has stopped a driver in practically any other context, they have the right to ask about weapons.

In this case , an officer pulled over John Patrick Wright because he had a defective headlight in his car. When the officer requested Wright’s identification, he also asked whether there were any weapons in the car and whether Wright had a concealed carry permit. Wright did have a weapon in his car, but his permit was not yet valid. He was charged with concealed carry of a weapon.

The Supreme Court Held that Asking Questions About Guns Was Part of the Mission of the Stop

Under Supreme Court precedent , officers cannot unlawfully extend the traffic stop beyond the reason for which it was made. Generally, the mission is for officers to issue a ticket. The appeals court had struck down Wright’s conviction under this principle.

However, a divided Wisconsin Supreme Court reversed the appellate court. According to the Court, the mission of the stop also includes asking questions incident to the stop and ensuring officer safety. Asking someone whether they have a weapon and permit would at least fulfill the mission of asking questions about the stop.

The Court explained that any type of traffic stop poses a danger to the police officer because they do not know whether the driver is armed. Wisconsin courts hold that officers may take precautions because their own life is in danger. For example, they have the right to order the driver from the car during a stop. In this case, the Court held that asking a driver about weapons is less burdensome to them than ordering them out of the car.

Wright is yet another case in which the Court seemingly sided with law enforcement in a stop that involved reasonable suspicion. The Court continues to permit officers to act broadly during traffic stops. Here, what makes this precedent difficult for drivers is that officers seemingly can ask many questions before they issue the actual traffic ticket because they have not yet completed the mission of the stop. Expect officers to expand the number of things that they do and the questions they ask when they have made routine traffic stops as the outer contours of this decision are tested.

Contact an Eau Claire Criminal Defense Attorney Today

If you have been arrested after a traffic stop, the attorneys at the Cohen Law Offices can review your case to help determine whether you have any defenses to the charge. We may even move to suppress any evidence being used against you that was improperly obtained. It is vital that you contact us for a free initial consultation. You can message us through our website or call us today at [ 715-382-9447 ].

Law Enforcement Can Aggregate Certain Theft Charges Into a Larger Offense

Mon, 18 Dec 2023 19:23:11 GMT

In State v. Lopez , the Wisconsin Supreme Court affirmed the circuit court’s ruling that allowed the state to charge the theft of seven different items as one count of theft that was of a higher severity level than if they were each charged individually.

Here, two defendants hatched a scheme where one, who was working at a self-checkout in Wal-Mart, allowed the other to leave the store without paying for merchandise. The Wal-Mart clerk pretended to scan the merchandise but really did not. The total value of the items was roughly $1,400. Each item individually was worth less than $500.

Theft of Many Smaller Things in a Single Scheme Can Be Charged as a Felony

Wisconsin law for theft allows the state to aggregate certain theft offenses as one, provided that certain circumstances are met. Theft of items worth more than $500 carries a heavier penalty because it is a higher offense. The defendant argued that Wisconsin law was limited in the circumstances that allowed for the aggregation of offenses.

Here, the Court engaged in statutory interpretation that looked at the actual language of the statute. The Court also analyzed other theft-related statutes that limited when crimes could be aggregated. It found that this specific statute did not include any limiting language, while other statutes did. In other words, if the drafters of the statute wanted to include language that would have cut back on law enforcement’s ability to aggregate the offenses, it would have.

Ultimately, the Court held that the defendants engaged in a single act of theft that was pursuant to one intent and a single scheme. Thus, there was one continuous act of theft that began during the first act and continued through all seven instances. Accordingly, the defendants could be charged with a felony and not a misdemeanor.

Retail Theft Is Considered Theft Under Wisconsin Law

Then, the defendant tried to argue that retail theft was not actually theft under Wisconsin law based on the plain language of the statute. The Court analyzed the entire statute, including the titles, to find that retail theft was included in the statute.

State v. Lopez teaches the lesson that the law gives prosecutors an immense amount of discretion in charging crimes. They clearly have the capability to charge you with a felony when the law allows it. Then, the case also stands for the fact that every word in a statute matters. There could be an opening to challenge criminal charges when the statute was ambiguous, although it was not here.

Contact an Eau Claire Criminal Defense Lawyer

If you are facing theft charges, the attorneys at Cohen Law Offices can help. We can search for any possible defense to the criminal charges to use in court. Alternatively, we can negotiate a plea bargain with the prosecutor that can spare you from some of the worst charges. Call us today at 715-382-9447 or send us a message online to discuss your case with an attorney. We offer free consultations.

The Independent Source Doctrine Allows the State to Use Hospital Blood Test Records

websitebuilder@thryv.com — Thu, 30 Nov 2023 16:22:37 GMT

State v. Van Linn involved an issue of admissibility of evidence. The Wisconsin Supreme Court affirmed a court of appeals ruling that reversed the trial court’s finding that hospital blood test records could not be used as evidence for a defendant charged with OUI.

Van Linn crashed his car into the back of a cabin. He was found bleeding and denied that he was driving the car. First, he was taken to the hospital, where medical staff did a full workup and drew blood. An officer arrived at the hospital and arrested Van Linn on suspicion of DUI.

Van Linn admitted to driving the vehicle, and he was the one who called the police. The officer requested that Van Linn consent to a blood test. He refused, but the officer drew blood anyway without getting a warrant.

The circuit court granted Van Linn's motion to suppress the results of the blood test since there was no warrant and exigent circumstances did not apply. Three months afterward, the prosecutor sought a subpoena to obtain the blood test records from the hospital examination. The court granted the subpoena in light of evidence that demonstrated probable cause.

The State Had an Independent and Untainted Source of Evidence to Prove the BAC

Here, the Supreme Court allowed the hospital's blood test results under the independent source doctrine. Even when there is information that is tainted by evidence that was excluded, the State can obtain other untainted evidence that establishes the fact. The State must show that the illegal conduct neither "affected" the circuit court's decision to approve its subpoena request nor "prompted" the State's decision to seek a subpoena in the first place.

Here, there were numerous other things that prompted the officer, such as the fact that the defendant had a reduced blood alcohol threshold (he had four prior OWI convictions) and admitted that he had been drinking. The State's decision to seek the subpoena was not prompted by the illegal blood draw. It did not matter that the State knew the results of the blood test would show that Van Linn had a BAC well above the limit.

Many criminal cases come down to the admissibility of evidence being used against the defendant. If the prosecution loses a key piece of evidence, it could mean the end of their case. If the defendant successfully appeals, a conviction would be overturned. It is essential that you have legal representation early in your case to challenge any evidence that was illegally seized. It would be too late to contest evidence on appeal if you did not raise the issue at trial.

Contact an Eau Claire Criminal Defense Attorney

If you have been charged with an OUI, you need legal representation for your case. You should not just accept the first plea deal that is offered to you. There may be defenses that you can use for your case. You can call the Cohen Law Offices at (715) 514-5051 or send us a message online for a free initial consultation.

Supreme Court Holds that an Investigatory Stop Was Reasonable

websitebuilder@thryv.com — Tue, 28 Nov 2023 21:08:08 GMT

In State v. Nimmer, the Supreme reversed the court of appeals and held that an officer reasonably made an investigatory stop when there was a suspicion that the defendant was involved in criminal activity. Accordingly, it was permissible to allow a handgun seized during that stop to be introduced into evidence, and the defendant’s Fourth Amendment rights were not violated.

Two Wisconsin police officers were using a technology called ShotSpotter to identify gunfire. They arrived on the scene within a minute after the program detected the use of firearms. The only person on the scene was Nimmer, and he moved away when he saw the police. When the officer approached, Nimmer was "blading" his left hand and digging around on his left side. The officers believed that Nimmer was trying to conceal a weapon, so they frisked him and found a gun. Because Nimmer was a convicted felon, he was charged with and convicted of felony possession of a handgun.

The appeals court had reversed the circuit court, which had denied Nimmer’s motion to suppress the evidence. The appeals court found that mere presence in an area where there was criminal activity was not reasonable suspicion on its own.

Nimmer's Stop Was a Permissible "Terry Stop," and the Evidence Was Admissible

The Supreme Court analyzed what is permissible as a “Terry Stop.” Officers are allowed to make a limited investigatory stop if they have reasonable suspicion of criminal activity. Here, the Court looked at the entire picture that the officers were processing when they made the stop. The Court specifically noted that the reasonable suspicion standard was lower than probable cause. The Court specifically looked for evidence that would show that the officer had more than a mere hunch.

The Court seemingly did not have much difficulty in reaching the conclusion that officers had reasonable suspicion. The officers arrived on the scene, practically in real-time, and they found Nimmer at the scene. He had made furtive movements that were consistent with someone hiding a weapon. In addition, the Court found that the fact that the shooting was in a residential area added an extra element of exigency. The key fact was that the officers arrived on the scene within a minute of the ShotSpotter report. The Court did not accept Nimmer’s defense that he could have been any random pedestrian out for a walk.

Generally, a defendant can move to suppress evidence that was illegally seized. If the court finds that a defendant’s rights were violated, they may suppress both that evidence and the “fruit of the poisonous tree.” Here, the Court held that the search was permissible, and they admitted the handgun that was seized.

Contact an Eau Claire Criminal Defense Attorney

The potential for illegally seized evidence to be used against you is one of the many reasons why you need a criminal defense attorney. If you have been arrested, reach out to the tenacious attorneys at the Cohen Law Offices today. You can call us at (715) 514-5051 or send us a message online to discuss your case.

Attorney Michael Cohen Named to 2023 Super Lawyers List: Why You Should Contact His Law Firm for Criminal Defense

websitebuilder@thryv.com — Thu, 16 Nov 2023 21:02:32 GMT

For 2023, Attorney Michael Cohen of Eau Claire, Wisconsin, has again been named to the Super Lawyers list for Wisconsin. This prestigious recognition is awarded to only the top 5% of attorneys in each state, based on peer nominations and independent research.

Attorney Cohen of Cohen Law Offices is a highly respected criminal defense attorney with over 33 years of experience. He has successfully defended clients in all levels of courts in Wisconsin, from the Circuit Court to the Court of Appeals to the Supreme Court.

Attorney Cohen is known for his dedication to his clients and his commitment to providing them with the highest quality legal services. He is a skilled negotiator and trial attorney, and he has a proven track record of success.

If you are facing criminal charges, it is important to have an experienced and knowledgeable criminal defense attorney on your side. Michael Cohen can help you navigate the complex criminal justice system and protect your rights.

Some specific examples of how Michael Cohen has helped his clients:

• He has repeatedly, and successfully defended clients against charges of child sexual assault, resulting in dismissal of all charges or acquittals at trial.

• He has successfully obtained acquittals at trial in Homicide cases.

• He has obtained reversals of convictions for clients that has led to clients being released from prison or having the conviction reversed.

• He has successfully negotiated plea agreements for clients who were charged with serious white-collar crimes, thereby avoiding both felony convictions and avoiding jail or prison sentences.

If you are facing criminal charges, contact Cohen Law Offices today for a free consultation. Attorney Michael Cohen, and his team, can help you understand your rights and options, and develop a defense strategy that is right for you.

Supreme Court Finds Probable Cause When Driver Was Found at His Driveway

websitebuilder@thryv.com — Tue, 14 Nov 2023 19:07:16 GMT

In State v. Green, a defendant was appealing his conviction for operating a vehicle with a prohibited alcohol content. He had argued that the warrant that allowed police to draw blood lacked probable cause. The Wisconsin Supreme Court held that the warrant was valid and upheld Green’s conviction.

In this case, the officer filled out a pre-printed form and made his own handwritten additions. He noted that Green was operating a vehicle in the driveway of his home. The officer also described Green’s state when he was found, with a strong odor of intoxicants and pink and glassy eyes. The warrant was issued, and the subsequent blood test found that Green had a blood alcohol content well above the legal limit.

In Green’s appeal, he did not dispute any of the evidence about his state at the time of his arrest. Instead, he focused on the part of the warrant that described him as operating his car on the driveway. Under Wisconsin law, a defendant can only be convicted of OWI or PAC when they are driving on a public highway. According to Green, the fact that he was on his driveway means that he did not break the law.

The Supreme Court Implied that Green Was On a Public Road

The Supreme Court held that the fact that Green was on his driveway at the time of his arrest did not mean that he did not break the law. Here, the warrant said that Green was driving “at” his driveway. It did not imply that he was driving only on his driveway. In addition, there were civilian witnesses who saw Green drive his vehicle elsewhere. In other words, there was more than one source of evidence that supported probable cause. There was a reasonable inference that Green was driving on the road at some point when he was intoxicated. Thus, the warrant court made a reasonable finding in granting the warrant for blood to be drawn.

Warrants Will Be Very Closely Scrutinized

One of the main takeaways from Green is that a court will actually look very closely at the actual language of the warrant in determining whether there is probable cause. It is far from automatic that a court will just agree with the officer and the warrant court. Although the court would look at all of the surrounding circumstances, an error on the actual warrant could be fatal to the prosecutor’s case against the defendant. You should always hire an attorney who could carefully scrutinize the evidence being used against you and potentially argue that it was seized in violation of your Fourth Amendment rights.

Contact an Eau Claire OWI Defense Lawyer Today

If you have been charged with OWI, your conviction is not a foregone conclusion. An experienced attorney may be able to find defenses that you can use to fight the charges. Call the Cohen Law Offices at (715) 514-5051 or message us online for a free initial consultation.

Matching a Very Vague Description Is Not Reasonable Suspicion

websitebuilder@thryv.com — Tue, 14 Nov 2023 04:42:50 GMT

In a victory for defendant's rights, the Wisconsin Supreme Court reversed an appeals court's affirmation of a lower court denial of a motion to suppress the seizure of evidence based on an illegal traffic stop. In State v. Richey, the Court found that the officer did not have reasonable suspicion to initiate the traffic stop that led to the evidence that supported an OWI charge (the defendant's alleged eighth offense). Accordingly, the defendant's conviction was overturned.

A police officer spotted a Harley Davidson motorcycle traveling erratically and speeding. The officer put the call out to other officers to be on the lookout for the motorcycle. Five minutes later, and a half mile away, another officer saw a Harley Davidson that was registered to the defendant. The officer did not see the motorcycle speeding or traveling erratically. However, an officer believed the motorcycle to be the same one described in the other officer’s report and performed a traffic stop. At the scene, the officer developed evidence that supported an OWI. The motorcyclist moved to suppress the evidence because the officer lacked reasonable suspicion of a crime, which is the standard that an officer must meet to make an investigatory stop. Initially, the conviction was affirmed because the defendant was driving a Harley in the same general area as the report.

There Was No Particularized Description That Supported Reasonable Suspicion

Here, the Court held that the officer did not have reasonable suspicion to stop Richey in the first place. Although the police officer suspected that Richey's motorcycle was the same one that was the subject of the report, the suspicion was not particularized. The officer had a very general description of the Harley. Seeing a Harley - and one whose driver was not breaking any traffic laws - was not reasonable suspicion in itself to stop Richey. There was no model, license plate number, year, or anything else. There was just a report of a Harley, and Richey was driving a Harley. Just driving a Harley in the same general area was not particularized enough to rise to the level of reasonable suspicion. Just describing a bike as a Harley could apply to many different riders. If Richey had displayed any evidence of erratic driving, the result may have been different. Here, he seemed to be doing nothing wrong other than just driving a Harley.

Contact an Eau Claire Criminal Defense Attorney Today

A conviction is not an automatic result after an OWI. When a lawyer tells you that you may have an opening to fight the charges, they could be describing a situation similar to Richey’s in which the officer had no basis to make the traffic stop. Do not plead guilty just to resolve the case. Instead, you should check with an experienced attorney to see whether you may have a strong defense. If you have been charged with OWI, contact the Cohen Law Offices online or call us today at 715-382-9447 to schedule a free initial consultation.

A Warning to the Community Was Not a Violation of Constitutional Rights

websitebuilder@thryv.com — Tue, 14 Nov 2023 02:51:25 GMT

In State v. Whitaker, the Wisconsin Supreme Court held that a trial court judge properly sentenced a defendant when he was convicted of sexual abuse. Whitaker had argued that his Constitutional rights were violated when the circuit court discussed the need for the adults in the Amish community to effectively intervene to protect the girls in the community from sexual abuse.

Whitaker was convicted of repeatedly abusing his sisters over several years. He was sentenced to two years in prison and two years of home confinement. Whitaker's parents and other elders in the community knew about the assaults but did not stop them. When the judge sentenced Whitaker, he specifically mentioned the fact that the sentence was also intended to send a message to the Amish community and the elders.

Whitaker appealed his sentence, claiming that the judge’s comment violated his religious right to associate with the Amish community. Here, the Court reviewed the general sentencing factors to determine whether this statement actually had a nexus to a legitimate sentencing factor. So long as the consideration bears a reasonable relationship to a permissible factor, it would be proper.

The Judge’s Statement Related to General Deterrence and Protection of the Public

The Court found that the alleged improper factor had a nexus to valid considerations of general deterrence and protection of the public. The judge wanted to deter others in the Amish community from both committing sexual assaults and refusing to protect victims in the community from sexual violence. The judge wanted to prevent future assaults. The community's meaningful intervention directly relates to the sentencing goal of deterring similar crimes.

Similarly, the trial judge’s statement also related to the general protection of the public. The sentencing of an individual defendant can be aimed at protecting the overall community from the likes of the defendant. According to the Court, the judge acted properly within his discretion to protect girls in the community by addressing the failure to protect the victims in this case. The Court held that these were legitimate aims, and they had nothing to do with Whitaker’s religious beliefs.

Judges Do Not Have Unfettered Discretion with Sentences

Trial court judges have a large degree of discretion when they sentence a defendant. While they must consider certain factors, they are largely free to impose the sentence they believe to be right, so long as it is not excessive and they consider the proper factors. It is very difficult to challenge a sentence on appeal. The appellate courts generally do not overturn a trial court judge's decision unless they make an error. Nonetheless, you can potentially challenge a sentence when the trial court judge considers something improper.

Call an Eau Claire Criminal Defense Attorney

If you have been charged with a crime, you need an experienced attorney on your side from start to finish. Call the Cohen Law Offices today at (715) 514-5051 or send us a message online to discuss your case and learn about your legal rights.

The Requirement for an Oath in a Warrant Does Not Mean a Verbal Oath

websitebuilder@thryv.com — Fri, 10 Nov 2023 16:20:52 GMT

Police may need to obtain a warrant to draw blood to prove that a driver was intoxicated. They must meet all legal requirements to get this warrant with no shortcuts. If the warrant is not valid on its face, the defendant may seek to have the court suppress any evidence obtained from that defective warrant. However, in State v. Moeser, the Wisconsin Supreme Court affirmed an OWI conviction, finding that the warrant at issue was valid when the affiant met the oath requirements.

Here, Moeser was arrested on suspicion of OWI (for a sixth offense) and was taken to a hospital for a blood draw. Moeser refused the blood draw, so the officer obtained a warrant to compel a blood draw. The officer wrote the facts that supported his conclusion of probable cause. He hand-wrote his name above the text that stated, "being first duly sworn on oath, deposes and says." He was not actually verbally placed under oath or affirmation before the warrant was granted.

Moeser challenged the finding of probable cause, claiming that the warrant was invalid because the officer was not placed under oath. However, the State countered that the language of the affidavit showed that the officer intended to swear to the truth of the contents of the affidavit. Moeser did not challenge the finding of probable cause at all.

There Must Be an Oath, but it Means Acknowledgment of the Requirement to Tell the Truth

Under the Fourth Amendment to the United States Constitution, a criminal defendant has the right to be free from abusive searches and seizures. The police officer must have probable cause that the suspect has engaged in criminal activity to legally execute a search. If there is no exception, the police officer must obtain a physical search warrant. An oath or affirmation is a crucial part of the affidavit that supports probable cause.

The Court held that there is no literal requirement to actually be administered a verbal oath before a warrant can be granted. There is no specific procedure that must be used. Instead, the requirement for an oath or affirmation can be interpreted broadly. An oath does not mean that there has to be a formal swearing. Instead, the officer must acknowledge a sense of obligation to tell the truth.

There are times when courts may look to function over form and not take certain language in the Constitution or case law literally. Moeser was one case of that. However, Moeser does not stand for the proposition that the officer can do whatever they want in obtaining a warrant. They must still attest to the facts that support probable cause. If the facts do not show that there was probable cause, the court may suppress evidence.

Contact an Eau Claire Criminal Defense Lawyer Today

The attorneys at the Cohen Law Offices can review your case and determine whether you may be able to challenge what you believe to be an illegal search or seizure. If you have grounds, we can file a motion seeking to have the court suppress key evidence that is to be used against you. Call us today at 715-382-9447 , or send us a message online to discuss your case.

A Guide to Wisconsin Casino Crimes and Tribal Lands

websitebuilder@thryv.com — Tue, 07 Nov 2023 05:50:34 GMT

While gambling is not permitted in the state of Wisconsin, you could drive through many areas and spot small casinos where some residents can gamble on a variety of games. The reason these casinos are allowed is because they are built on tribal lands and the native lands do not have the same laws as the rest of the state.

Through special permissions, Wisconsin tribes are able to run and operate these casinos. But anytime the possibility of big money is at stake, crime can come hand in hand. Learn about some of the more common casino crimes and what happens if you commit a crime on tribal land.

Criminal Jurisdiction and Tribal Lands

When laws were set in place to protect the Menominee Tribe and award them private lands, the criminal jurisdiction still remained in the power of the state. This benefits both parties and prevents the need for a law-free land where no one had true power to prosecute crimes.

In short, the state law officials can go on the tribal casino property to issue warrants and arrests, so anyone who uses the casinos does not have immunity from the laws set in place. Not only does the state of Wisconsin have the power to arrest and enforce laws, but some of the casino profits are actually put towards investigative services for gaming law enforcement.

This means that officers have been hired to patrol the land and open cases when suspicious activity occurs. So if you find yourself arrested at a casino, you may get transported to a standard county jail and have to deal with the regular criminal process.

Money Fraud at Casinos

Some of the most common types of crime that occur at casinos includes money fraud. Money fraud can include a wide range of subjects in a casino and include some serious charges you would want to seek a defense attorney for.

For example, any type of credit card fraud could be applied at a casino. This includes the use of a lost or stolen credit card, along with falsifying statements to get a card. Some credit card fraud may expand if you use any banking services at a casino. For example, you may use a credit card at a casino cashier or with an ATM. You could face tacked-on charges due to those changes.

Money fraud at a casino could also expand to the manipulation and attempted cheating at any of the casino games. Stealing chips at table games could result in theft charges. Attempted manipulations to game software like slot machines could result in a number of different charges.

With any money fraud charge, you could face multiple forms of punishment. For example, you could face time in jail along with the need to fully pay back any money stolen. And without a proper defense attorney, you could end up paying the maximum and suffering in multiple ways.

Casino Surveillance and Tracking

Due to the sensitive nature of casinos and all the money involved, many of them will have state of the art technology to track any potential crimes. Video camera footage is extremely common throughout casino floors and often creates huge pieces of evidence if a crime occurs.

Unfortunately, this will make your criminal defense an even bigger challenge. By working with professionals, they can help your case, research your criminal history (if any), and present the best foot forward as a case moves to trial.

While the guilt may feel hard to dispute with casino evidence, you may have the opportunity to negotiate a plea deal and avoid a whole trial. A plea deal could eliminate the need for jail time and result in lesser punishment based on different circumstances.

Alternatively, a defense attorney may have the ability to build a strong defense for you to proceed to trial.

Underage Gambling and Fake IDs

College students in the Wisconsin area may find the idea of a night casino tempting and fun. Unfortunately, for students who aren’t old enough yet, the whole process can result in some serious charges. An underage student who attempts to gamble could get arrested. Students who use fake IDs could also face additional charges.

An aggressive prosecutor could charge a student with using fraudulent documents, gambling underage, and drinking underage if they consume alcohol as well. These serious charges could have life-long implications and result in a permanent criminal record.

A defense attorney can help represent college students and save their reputation. Through proper representation, college students can avoid major life changes and try to bounce back from these mistakes as quickly as possible.

For more information on casino laws in Wisconsin, contact us at Cohen Law Offices . If you currently face any charges, then our lawyer can take a detailed look at your case and use our years of experience to help you in every way possible.

OWI and Refusing to Submit: Legality of a Search Warrant for Blood Draw

websitebuilder@thryv.com — Fri, 03 Nov 2023 15:42:29 GMT

Under Wisconsin’s implied consent laws , if you are operating a vehicle in the state, you have agreed to consent to a chemical test of blood, urine, or breath. Once you are placed under arrest for operating while intoxicated (OWI), you are required to submit to testing. If you refuse, you face penalties, and the police officer can apply for a search warrant to forcibly obtain a blood sample. The legality of a search warrant for a blood draw was in question in the case of Wisconsin v. Moeser.

In 2017, Jeffrey Moeser was suspected of operating while intoxicated (OWI). Moeser had five prior convictions. Field sobriety tests and a preliminary breathalyzer test were administered; the breathalyzer test returned a blood alcohol content (BAC) of 0.195 percent. Because of his prior convictions, the legal limit was a BAC of 0.02. Moeser was arrested for suspected drunk driving and taken to the hospital for a blood draw.

When Moeser refused to consent to a blood draw at the hospital, the officer obtained a search warrant. Moeser challenged the warrant , arguing that the blood test results should have been suppressed because the affidavit in support of the search warrant for the blood draw was not sworn to by the person affirming the affidavit. The circuit court denied the motion to suppress; the Wisconsin Court of Appeals affirmed.

Moeser argued that 1) the circuit court erroneously denied his motion 2) the court of appeals erred in affirming that decision and 3) the requirement that warrant applications be "supported by oath or affirmation” under the Fourth Amendment to the United States Constitution and the Wisconsin Constitution was not met.

The Wisconsin Supreme Court found the affidavit fulfilled the oath or affirmation requirement under the constitutions, as specific procedure or language is not required when an oath or affirmation is administered. The Court affirmed the decision of the Court of Appeals, concluding the constitutional right to be free from abusive governmental searches was satisfied, and the circuit court did not err in denying Moeser's motion to suppress.

Charged with OWI in Wisconsin? Know Your Rights

Pulled over for drunk driving in Wisconsin? Know your rights and the penalties for refusing to consent to testing. If you are suspected of OWI, contact the experienced OWI attorneys at the Cohen Law Offices at 715-514-5051 or online to arrange for a consultation.

Failure to Provide One Piece of Evidence Is Not Always a Brady Violation

websitebuilder@thryv.com — Wed, 01 Nov 2023 03:41:49 GMT

Hineman was charged with first-degree child sexual assault based on the fact that the alleged victim told an investigator that the defendant inappropriately touched him. At the same time, there was a prior report from a therapist that stated the child did not report that Hineman inappropriately touched him. There was a later police report that summarized the report from the therapist.

During the case, Hineman’s attorneys filed a request for "[a]ll evidence and/or other information which would tend to negate the guilt of the defendant.” The therapist’s report was not provided to his attorneys. At trial, Hineman was convicted and sentenced to 17 years of initial confinement and eight years of extended supervision.

Hineman appealed his conviction, arguing that:

● The State withheld exculpatory evidence

● He received ineffective assistance of counsel at several points in the case, including when his lawyer did not obtain the CPS report and by failing to make an opening statement.

An appeals court reversed the conviction, stating that it would have been impossible to impeach the expert who testified without having possession of the CPS report. The State appealed the reversal to the Wisconsin Supreme Court.

The Piece of Evidence at Issue Was Not Material to the Case

Hineman’s argument was that he was entitled to a new trial under the Supreme Court’s rule in Brady v. Maryland. Brady was a landmark case that required the prosecutor to turn over all evidence to the defendant. Here, Hineman claimed that the State failed to produce a report from Child Protective Services that contained what he believed to be exculpatory evidence.

The Wisconsin Supreme Court held that the failure to produce the report from CPS was not prejudicial error because the report was not material to the case. Moreover, Hineman had access to the same information in another report that he could have used at trial. Hineman’s lawyer had enough evidence to challenge the CPS investigator’s testimony at trial.

In order for the defense to win an appeal on a Brady claim, they would need to show that they were prejudiced by the failure to produce certain material exculpatory evidence. Here, materiality is defined as “there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.” Hineman already had the evidence in his possession, even if he did not have this specific report. Then, Hineman only made vague assertions that the jury “may want to know more” if they knew the identity of the therapist who wrote the report.

Contact an Eau Claire Criminal Defense Attorney Today

While Hineman’s counsel was not necessarily ineffective, they could have done a better job of learning which evidence may have been suppressed at trial and presenting his case. You need to hire an experienced attorney who can vigorously defend you in court. If you have been charged with a crime, call the Cohen Law Offices today at 715-382-9447 or send us a message online .

Without Probable Cause, Conducting a Search After Entering a Yard Is Illegal

websitebuilder@thryv.com — Fri, 27 Oct 2023 04:39:52 GMT

Police officers may sometimes believe that they can use an exception to the Fourth Amendment’s requirement that a search be supported by a warrant that describes the probable cause. One exception is what is called a “knock and talk.” In State v. Wilson, the Supreme Court held that officers could not rely on the “knock and talk” exception when they did not have an implicit license to enter Wilson’s backyard, nor were they in hot pursuit when they did so.

A caller reported that a driver who was wearing bright orange shoes was driving a BMW erratically. The caller reported that the BMW had entered private property where it was parked. The property was surrounded by high walls. The officers entered the property, where they found the BMW matching the description. They knocked on the side door of the garage and were greeted by Wilson, who wore bright orange shoes and was slurring his speech. The officers searched Wilson's car, and they found an unlicensed handgun. They searched Wilson and found a prescription pill bottle in someone else's name.

Wilson moved to suppress all evidence that officers seized once they entered his yard. Under principles of Constitutional law, the yard is considered to be "curtilage" and has the same status as the home. Wilson claimed that officers lacked probable cause at the time they entered his yard, and there were no exigent circumstances that justified the search.

This Was an Illegal Search and Not a “Knock and Talk”

The Court sided with Wilson and suppressed all the evidence seized. The state had claimed that officers were engaging in a “knock and talk.” However, a unanimous Court found that what the officer did was a full-fledged search as opposed to a “knock and talk,” which is considered to be an investigative technique.

Here, the warrantless entry into Wilson's curtilage was presumptively unreasonable. The state's argument that the officers were in hot pursuit was unavailing because Wilson was already in his home. The officers did not follow him onto the property when he was fleeing. Instead, they entered his property, which was surrounded by high walls, and knocked on Wilson's side garage door. Without a valid exception to the requirement for probable cause, the search was unreasonable.

Your attorney can and should challenge any evidence being used against you that was seized in violation of your Constitutional rights. You would only know that your rights have been violated when you hire an attorney who can review your case and the legality of the search. Your attorney would know the principles of criminal law that can be used to file a petition to suppress the wrongfully seized evidence.

Contact an Eau Claire Criminal Defense Attorney Today

If you have been charged with a crime, the attorneys at the Cohen Law Offices can vigorously represent you, standing up when your legal rights have been violated, as Wilson’s were here. You can schedule a free consultation when you message us online or call us today at 715-382-9447 .

The Wisconsin Supreme Court Rules in a “Harmless Error” Case

Tue, 17 Oct 2023 05:00:25 GMT

The Wisconsin Supreme Court recently issued a ruling in Barnes v. Wisconsin that clarified what may be considered harmless error in a criminal case. Even assuming that the defendant’s Constitutional rights were violated, the Court declined to reverse the lower courts and set aside Barnes’ conviction on the grounds that the other evidence against him was so overwhelming to justify a conviction, even if there was a mistake at trial.

The Facts and Legal Issues in State v. Barnes

Barnes was arrested and charged with delivering more than 50 grams of methamphetamine. An informant told police that Barnes was attempting to sell him meth. On that basis, police set up a controlled buy that resulted in Barnes’ arrest. During Barnes’ trial, the judge sanctioned the prosecution and did not allow the agent who participated in the controlled buy to testify. However, another officer testified about the officer’s presence during the controlled buy and even their observations.

Barnes’ attorney objected to this testimony. Seemingly, testifying about what someone else observed would be a classic example of hearsay. Nonetheless, the lower court overruled Barnes’ lawyer’s objection, and the appeals court affirmed the ruling.

Barnes appealed to the Supreme Court, claiming that his Sixth Amendment right to confront the witness testifying against him was violated when the trial court admitted the officer’s testimony. According to Barnes, he should have been able to cross-examine the officer who was at the controlled buy and who was not allowed to testify himself at trial. Barnes argued that his conviction should be set aside since it was based on hearsay.

It Is Not Harmless Error When There Is Other Overwhelming Evidence

The Court affirmed the conviction, not even deciding the issue that involved hearsay. The Court focused on whether any error would have been harmless. Courts usually try to decide cases on the narrowest grounds possible, unless there is a serious legal issue that they need to address.

Here, the Court looked at the rest of the evidence used against Barnes at trial. According to the Court, it was so overwhelming that Barnes would have been convicted anyway, making any violation of Barnes’ rights a harmless error. In order to be a harmful error, the guilty verdict must have been attributable to the error. The Court noted that the defense was weak and there were multiple other sources of incrimination evidence.

If anything, the takeaway from this case is that a criminal defendant needs a strong defense in their case. The fact that Barnes was not able to credibly and successfully challenge the evidence being used against him was a factor in the Court’s upholding his conviction in the face of an apparent violation of his rights. You need an attorney involved at the early stages of your case who can aggressively defend you if you choose to fight the charges against you.

Get Legal Help from a Eau Claire Criminal Defense Lawyer

If you have been charged with a drug crime, the Cohen Law Offices are here for you all the time. You can schedule a time to speak with an attorney when you call us at (715) 382-9447 or send us a message online .

Wisconsin Supreme Court Issues Decision Regarding Fifth Amendment Rights

websitebuilder@thryv.com — Sat, 14 Oct 2023 14:41:28 GMT

In a decision that cuts back on a defendant’s Fifth Amendment rights, the Wisconsin Supreme Court reversed a lower court’s ruling that the prosecutor’s commenting on the defendant’s decision not to testify justified overturning a conviction. Now, prosecutors may be able to indirectly comment on the defendant’s decision not to testify, and juries may hear these indirect references.

Facts and Legal Issues in State v. Hoyle

Tomas Jaymitchell Hoyle was convicted of two counts of second-degree sexual assault and second-degree sexual assault of a child. An appeals court reversed the conviction because of statements that the prosecutor made at trial. However, the Supreme Court reversed the appeals court and remanded the case.

The issue in this case involved a comment that the prosecutor made at trial. In a criminal case, the Fifth Amendment protects a defendant from self-incrimination. The defendant does not have to take the stand, and the jury cannot draw any adverse inference against them because of their decision not to testify.

Here, the prosecutor made a statement that said "that Hoyle should be convicted because the alleged victim's testimony was 'uncontroverted'” Seemingly, this was the prosecutor’s way of telling the jury that the testimony was uncontroverted because Hoyle did not take the stand to give his own side of the story.

The Supreme Court Gave Context to the Prosecutor’s Statement

In seeking post-conviction relief, Hoyle argued that the prosecutor’s statement violated his Fifth Amendment rights. However, the Court disagreed.

The Court looked at the exact nature of the prosecutor’s statement and found that it was not necessarily a comment about the defendant’s decision not to testify. In reviewing the context of the statement, the Court held that saying that the evidence was “uncontroverted” was not a comment on the defendant’s failure to testify. The Court held that it was entirely proper to state that the defense has not presented any evidence that contradicts what is being used against them. “Uncontroverted” could describe any source of exculpatory evidence, and not simply the defendant’s testimony.

Instead, the statement that testimony was uncontroverted referred to the “was entirely meant to focus the jury's attention on what evidence it was permitted to consider.” The statement was not meant to convey that the lack of a defense case made the prosecution’s case more credible. Instead, the statement was made “in order to keep the jury from speculating about any other evidence” that was not actually presented.

You Need an Attorney to Help Make Key Decisions in Your Case

The decision about whether to testify is a crucial one that should be made in close consultation with your lawyer. You need an attorney to set the legal strategy in your case in order to present the strongest possible defense. If you do testify, your attorney would need to protect you when you are questioned during cross-examination.

Contact a Eau Claire Criminal Defense Attorney Today

The Cohen Law Offices provide you with sensible legal representation in a criminal case, which can be aggressive when necessary. You need to contact an attorney as soon as you have been charged. To speak with a lawyer, you can message us through our website or call us today at (715) 382-9447.

A Strong Smell of Drugs May Be Enough for Probable Cause

Wed, 04 Oct 2023 20:36:06 GMT

The Wisconsin Supreme Court recently upheld police officers’ ability to perform a search based on what they smell during a traffic stop. The Supreme Court reversed a ruling in the lower courts suppressing evidence seized on the basis that officers lacked probable cause to conduct a search. The Supreme Court concluded that the search was based on probable cause and thus was lawful.

The Facts and Legal Issues in State v. Moore

Quaheem Moore was pulled over for speeding in the City of Marshfield. The officer noticed that he had dumped liquid out the window immediately prior to stopping. The officer initially found a vape pen on his person. When the officer questioned him, she noticed a smell of raw marijuana coming from the car. Backup arrived, and the officers continued to question Moore. Ultimately, they decided to conduct a search pursuant to a lawful arrest. While they did not find anything in the car, they did find a bag in his pants containing cocaine and fentanyl.

Moore was charged with possession with intent to distribute. In the lower court, his attorney filed a motion to suppress the evidence on the grounds that officers lacked probable cause to conduct a full search. The lower court agreed and suppressed the evidence against Moore. The state appealed the ruling, but the appeals court affirmed it. The case went all the way to the Supreme Court.

The Smell of Drugs Should Allow Officers to Search

In reversing the circuit court, the Supreme Court looked at its own precedent involving searches when there is a smell of drugs. According to the Court, it is a “common sense conclusion” that there is probable cause to believe that there is criminal activity when there is an odor of illegal drugs. In another case, the Court held that there was probable cause when the odor was unmistakable and linked to a specific person. Here, Moore asked the court to establish a bright-line rule for when the officer could conduct a search based on a test.

The Court declined to institute the test that Moore proposed. The Court explained that the ability to conduct a search based on probable cause depends on the totality of the circumstances. In this case, the totality of the circumstances supported the existence of probable cause. Thus, the Court reversed the appellate court and remanded the case, allowing the evidence to be used in Moore’s trial.

The Court’s holding in Moore does not necessarily expand police’s power to conduct a search. The lower court’s ruling was more of an outlier in limiting what may be considered probable cause. Nonetheless, defendants should aggressively challenge evidence when they believe that any search was unreasonable and violated their constitutional rights.

Contact a Eau Claire Criminal Defense Lawyer

If you have been charged with drug crimes, you need the legal help that a criminal defense attorney can provide. The Cohen Law Offices will review your case and determine whether there is an opening to challenge evidence being used against you. Call us today at (715) 382-9447 , or send us a message online to speak to an attorney.

4 Ways You Could Violate a Domestic Violence Restraining Order

websitebuilder@thryv.com — Tue, 03 Oct 2023 14:02:48 GMT

Facing domestic violence charges can come with a lot of legal repercussions. While you focus on your case and want to have the best defense possible, you also do not want to make things worse for yourself. In many cases, a domestic violence charge will come with a restraining order.

In the state of Wisconsin, the restraining order will typically start as a Temporary Restraining Order and then can expand to a longer period of time that covers multiple years. As you prepare for your case and various court dates, you do not want a restraining order violation to complicate matters.

Learn some of the ways you could violate a restraining order besides direct contact. Knowing these violations can help you avoid extra legal trouble and allow a defense lawyer to focus on the case at hand rather than new charges associated with your file.

1. Returning to Your Residence Too Soon

If you owned the property where you and your partner lived, then you still have rights to the property, but you must give your partner enough time to relocate and find another place to stay. If you return to the property too soon, then you could violate your order. This violation typically applies to unmarried couples.

If married, then the spouse may have rights to stay in the home. A judge will rule based on a case-by-case basis. A lawyer can explain the judge's ruling. If a person is granted time to leave the property and relocate, then you will find out how long the process takes. If the person remains on the property for longer, do not go back there anyway.

Discuss the situation with your lawyer so you can go back to your home. If you take matters into your own hands, then you could find yourself in violation and may face extended jail time due to the process.

2. Maintaining Possession of Firearms

Even if guns were not involved in a domestic violence dispute, the approval of a restraining order will automatically constitute the repossession of firearms. Once the domestic abuse injunction gets approved, you will have to surrender the firearms. The firearms could go to a Sheriff's office or someone approved by the court system.

For example, you could have a close family member that the court allows you to surrender your firearms to. If you maintain possession of firearms, then you could be found in violation of the restraining order. One report of the firearms could create the violation and put you at risk for jail time.

Go through your complete gun collection if you own any and remove those guns. Even if you accidentally forget to surrender a gun, you could be found in violation. Taking the extra steps to complete the process will help you in the long run.

3. Interfering With a Pet

Due to cases in the past, Wisconsin laws have a lot of strict provisions about pet ownership in relation to domestic abuse restraining orders. If your partner had a pet, then you cannot interfere in any way with the retrieval of their pet. You cannot keep the pet, hide the pet, or sell the animal.

Your former partner may put in a legal request to retrieve the pet, and you should allot them plenty of time to get the pet off the premises. Even if you feel like the pet is co-owned or you have interest in the pet, allow the person to retrieve the pet so you do not face any violations.

As you go through your case, your lawyer can help you fight for pet ownership so you can seek out the return of a pet if you wish. The process may take longer, but it will be worth the wait and help prevent any major legal issues.

4. Communicating Online

When you have a restraining order against you, the contact you make does not include just physical and in-person contact. Not only should you stay away from the person's residence or place of employment, but you should avoid any online communication as well.

Avoid even the slightest of social media contact, including comment posts, liking comments, or sending private messages. If you need to communicate with the other person, then make contact with your lawyer. Your lawyer will reach out to their lawyer to convey messages.

The messages can still arrive quickly and convey anything you need to say without being in violation. You do not want to look for loopholes or ways to still make contact. Do not let the emotions get the best of you during a tough situation.

For more information on domestic amuse defense lawyers, contact us at Cohen Law Offices . We have years of experience dealing with Wisconsin law and can help guide you through a domestic abuse case. We will help prevent any additional charges and guide you through the process from start to finish.

Hiring the Right DUI/OWI Attorney for your Case?

websitebuilder@thryv.com — Tue, 26 Sep 2023 17:20:14 GMT

If you are accused of a drunk driving offense, it is crucial to seek the assistance of an attorney who possesses extensive knowledge and experience with the specific machine that was used in your case. This will enable them to understand its intricacies and potential flaws, ultimately strengthening your defense strategy.

By engaging in thorough questioning before hiring an attorney, you can ensure that they possess this level of familiarity and expertise. Additionally, a competent lawyer should be able to discuss with you all possible defenses available for your situation. Whether it is challenging the accuracy of field sobriety tests or contesting the reliability of breathalyzer results, having an attorney well-versed in these areas becomes paramount.

Attorney Karleigh Miller specializes in criminal defense and places a strong emphasis on defending those accused of drunk driving offenses. With her passion for ensuring everyone receives exceptional legal representation, she strives to guarantee that you receive nothing short of the best possible defense against such charges. Read more here in Attorney Karleigh Miller's recent publication in the National College for DUI Defense.

Wrongful Conviction: 26 Years in Prison

websitebuilder@thryv.com — Mon, 18 Sep 2023 19:36:54 GMT

At the end of June, the Wisconsin Supreme Court issued a ruling reversing the decision of the Wisconsin Court of Appeals in the case of Sanders v. State of Wisconsin Claims Board.

In this case, the defendant, Derrick A. Sanders, participated with two others in severely beating a victim in 1992. After the assault, the other two individuals took the victim to another location and killed him. Sanders did not accompany them.

Sanders twice pled no contest to first-degree intentional homicide as party to a crime because he incorrectly believed that the State could prove that charge even though he was only a participant in the assault. In 1995, the plea was vacated. The State brought the charge again and Sanders entered the second plea. That plea was vacated in 2018, after Sanders spent about 26 years in prison.

Sanders petitioned the State Claims Board for compensation, seeking more than $5.7 million. The Board awarded the maximum under Wisconsin statutes : $25,000. Under the statute, if the Board finds that the maximum amount allowed under law is not adequate compensation, the Board may submit a report specifying an amount that it believes to be adequate. In this case, the Board did not find $25,000 inadequate; therefore, it did not submit a report.

Sanders sought judicial review, arguing that the board should have made a finding regarding the adequacy of $25,000 for his 26 years spent in prison. The circuit court rejected that argument and affirmed the Board’s decision. In a split decision, the Wisconsin Court of Appeals reversed.

Upon review, the Wisconsin Supreme Court rejected Sanders’ argument, holding that the statute did not compel the Board to make a finding regarding adequacy. The Court reversed the decision of the Court of Appeals and the $25,000 in compensation remained.

Sanders spent 26 years in prison for a crime he did not commit. He pled no contest to first-degree intentional homicide because he thought the State could prove it—even though he wasn’t even there when the victim was killed.

When you are charged with a crime, what you say and do will have a lasting impact on your life. Whether you waive your Miranda rights , plead no contest to a crime you did not commit, or perjure yourself on the witness stand, this will have an impact. A negative impact.

If you seek the counsel of an experienced criminal defense attorney , refuse to answer questions without your attorney present , and be truthful with your attorney about what happened, this will have an impact, too—one that will lead to the most favorable outcome in your case.

The importance of having a skilled criminal defense attorney who will build a solid defense of the charges against you cannot be overstated. If you have been charged with a crime, don’t take a chance with the outcome. Contact the Cohen Law Offices at 715-514-5051 or online.

Witness Identification: Powerful and Flawed

websitebuilder@thryv.com — Mon, 18 Sep 2023 19:29:03 GMT

When a witness takes the stand and points to the defendant as the perpetrator of a crime, that identification can be very powerful. It can also be fraught with errors.

In Wisconsin, the policy and procedure for eyewitness identification recommends that law enforcement officials “conduct double-blind, sequential photo arrays and lineups with non-suspect fillers chosen to minimize suggestiveness, non-biased instructions to eyewitnesses, and assessments of confidence immediately after identifications.”

The admissibility of witness identification testimony was the subject of Wisconsin v. Roberson . In this case, the Wisconsin Supreme Court considered whether a victim’s out-of-court identification using a single photo from Facebook was admissible.

Stephan I. Roberson allegedly shot another individual over a drug deal that went wrong, and Roberson was charged with first-degree reckless injury .

During the investigation, the victim was shown a single Facebook photo of the defendant for identification purposes. Roberson moved to suppress this out-of-court identification on the ground that investigators used a single photograph as opposed to a photograph array. The circuit court granted Roberson’s motion and held that the victim could not identify Roberson in court because the initial out-of-court identification with the Facebook photo tainted any subsequent identification.

The Wisconsin Court of Appeals reversed that decision, holding that the Facebook identification was admissible. Roberson argued that law enforcement officers used an “unnecessarily suggestive procedure that violated his due-process rights.”

The Wisconsin Supreme Court, in reviewing the case, considered the viability of a previous witness identification case, Wisconsin v. Dubose . The Supreme Court overturned Dubose and reaffirmed long-established standards concerning witness identification, holding that due process does not prevent the admission of such out-of-court identification when the state established sufficient reliable evidence to outweigh any corrupting effect of the suggestive identification method.

Eyewitness misidentification contributes to an overwhelming majority of wrongful convictions, according to the Innocence Project. If you or a loved one has been charged with a crime in Wisconsin, call the criminal defense attorneys at the Cohen Law Offices , the top criminal defense firm in Northwest Wisconsin, at 715-514-5051

Wisconsin State Supreme Court Ruling on Sentencing Determinations with Extraneous Information

websitebuilder@thryv.com — Thu, 31 Aug 2023 20:51:38 GMT

Court decisions can sometimes leave an indelible mark on the interpretation of the law, and State v. Counihan stands as a significant milestone within Wisconsin's state Supreme Court. This pivotal case highlights due process and the utilization of extraneous information in sentencing determinations.

The Background of State v. Counihan

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Wisconsin State Supreme Court Ruling and Implications

The Wisconsin State Supreme Court grappled with two fundamental issues. Firstly, whether Counihan's failure to object during the sentencing hearing forfeited her due process claim. Secondly, if the use of extraneous information, undisclosed until the hearing, violated her due process rights.

The court ruled that Counihan's lack of objection during the hearing didn't lead to forfeiture of her rights, especially when the information was revealed at the sentencing stage. Filing a postconviction motion was deemed a timely approach to raise concerns about the information's use.

However, the court ultimately rejected Counihan's due process claim on its merits. It emphasized that the court's broad inquiry and consultation of external cases during sentencing did not infringe upon due process rights.

Courts are encouraged to consider various sources of information, and the practice of reviewing sentences in similar cases aligns with the goal of consistent sentencing. The court asserted that this practice aids judges, especially those new to the bench, in understanding the broader context of sentencing. It highlighted that the use of extraneous information, even without advance notice, didn't violate due process. The judge's rationale for the sentence was transparent, and the sentencing hearing ensured that Counihan's sentence was individualized and fair.

State v. Counihan: Impact on Wisconsin Case Law

State v. Counihan serves as a cornerstone in Wisconsin's legal landscape, addressing the intricate balance between due process rights and the use of extraneous information in sentencing. The case underscores the importance of transparency in sentencing decisions, allowing judges to draw from various sources for context.

While the ruling rejected the due process claim, it highlighted the permissibility of consulting comparable cases during sentencing. State v. Counihan is a reminder of the evolving interplay between legal principles and practical considerations in pursuing justice within Wisconsin's state Supreme Court.

The Right Criminal Defense Lawyer in Eau Claire for You

There are countless criminal defense attorneys in Eau Claire, but your job is to hire the one that is right for you. The best way to determine that is through a complimentary consultation with our attorneys. If you are charged with a crime, contact an experienced criminal defense attorney at the Cohen Law Offices at 715-514-5051 today.

Due Process in Sentencing

websitebuilder@thryv.com — Thu, 17 Aug 2023 19:35:15 GMT

When making decisions regarding a defendant’s sentencing in a criminal matter, is it a violation of due process for a court to consider information that is unknown to the parties?

That is the question raised in the case of Wisconsin v. Counihan .

Carrie E. Counihan pleaded no contest to five misdemeanor counts of theft in a business setting. The parties jointly recommended that the sentence be withheld and ordered probation for up to three years and restitution.

At sentencing, the circuit court discussed the basis for its sentencing decision and the information it had consulted, which included review of sentences and files in similar, comparable cases. This was the first time the parties were informed that the court consulted other case files in determining sentencing.

The parties’ joint sentencing recommendation was rejected and instead the judge imposed two concurrent nine-month jail sentences in addition to restitution, fines, and court costs.

Counihan filed a motion for postconviction relief, arguing the circuit court violated her right to due process at sentencing in not providing her with notice that it would consider previously unknown information. Counihan further argued that her counsel was ineffective because they did not object to the consideration of this information in sentencing.

The State argued that, because Counihan did not object to the consideration of this information at sentencing, she had forfeited her direct challenge. Upon review, the Wisconsin Supreme Court found that, in situations where previously unknown information is introduced by the circuit court during sentencing, a defendant does not forfeit a direct challenge to consideration of the information by failing to object at the time of sentencing. The Court found that Counihan properly raised the alleged error in a postconviction motion.

The Court concluded Counihan’s due process rights were not violated and there was no issue of ineffective assistance by counsel at sentencing. The Wisconsin Supreme Court modified the decision of the Court of Appeals and affirmed it as modified.

If you or a loved one has been charged with a criminal offense, speak with an experienced criminal defense attorney immediately .

Attorney Michael Cohen Elected Director: At-Large to State Bar of Wisconsin Criminal Law Section

websitebuilder@thryv.com — Wed, 16 Aug 2023 19:28:27 GMT

Attorney Michael Cohen has been elected to the position of Director: At-Large of the Criminal Defense Section of the State Bar of Wisconsin alongside fellow attorneys Allison Ritter and Lee Schuchart. This is a significant honor for Mr. Cohen, who has been a member of the Wisconsin Bar since 1991. As Director: At-Large, Mr. Cohen will have the opportunity to help shape the direction of the organization and advocate for the interests of the criminal defense process.

Upholding The Principles Of Justice And Fairness In Wisconsin Criminal Law

The State Bar offers lawyers a variety of professional development opportunities, including networking with other legal professionals and participation in continuing legal education seminars. Additionally, some sections of the State Bar of Wisconsin discuss public policy initiatives and make formal recommendations to lawmakers. In this capacity, Mr. Cohen will play a vital role in helping to uphold the principles of justice and fairness in the Wisconsin criminal law field.

Cohen Brings Over 30 Years Experience To The Table

Mr. Cohen’s election to this leadership position is a testament to his state and nationwide reputation as a skilled criminal defense attorney. Over the course of his career, he has successfully defended clients in a wide range of cases ranging from Violent Crimes Defense to alleged Child Sexual Assault . Mr. Cohen’s ability to achieve positive outcomes for his clients in challenging criminal defense cases has led him to widespread recognition as one of the top criminal defense attorneys in the country.

Mr. Cohen’s new role as Director: At-Large of the Criminal Defense Section of the State Bar of Wisconsin is a well-deserved recognition of his accomplishments and contributions to the legal profession . We look forward to his continued leadership in this new role.

The Importance of Effective Legal Counsel Cannot Be Overstated

websitebuilder@thryv.com — Thu, 03 Aug 2023 19:55:15 GMT

Our day-to-day lives involve deadlines. Work deadlines. Application deadlines. Days that bills are due. When it comes to the law, there are numerous deadlines that cannot be missed. Sometimes it is a statute of limitations that expires. Other times it is a different type of delay that can cost you dearly.

Don’t Delay in Seeking Legal Counsel

Under the laches doctrine , when you delay too long in asserting an equitable right, you will not be entitled to bring an action.

Know your rights. And make sure you engage an experienced criminal defense attorney who not only understands those rights, but who will also protect those rights and advocate on your behalf at every turn.

When Can a Police Officer Lawfully Initiate a Traffic Stop?

websitebuilder@thryv.com — Wed, 26 Jul 2023 16:58:27 GMT

Under what circumstances is a traffic stop lawful? This is the question addressed in the case of State v. Richard E. Houghton, Jr . .

In April of 2012, when a police officer observed Richard E. Houghton, Jr. driving without a front license plate and with an air freshener and GPS device visible in the front windshield, he was pulled over. After detecting the smell of marijuana, the officer conducted a search of Houghton’s vehicle. Approximately 240 grams of marijuana and paraphernalia commonly used for packaging and distributing marijuana were found.

Motion to Suppress Evidence

Houghton filed a motion to suppress the evidence, arguing that the traffic stop was not an investigatory stop, and that probable cause was required. He contended that not having a front license plate and having the items in the windshield did not violate Wisconsin law. And so, he argued, without probable cause for the stop, the search was unlawful.

The motion to suppress was denied by the circuit court. Houghton then pled guilty to one count of possession of tetrahydrocannabinol (THC) with intent to deliver.

Houghton appealed the conviction, contending the circuit court wrongly denied his motion to suppress evidence because the officer lacked sufficient cause to stop his car. The Wisconsin Court of Appeals agreed and reversed the conviction.

Upon review, the Wisconsin Supreme Court held that an officer’s “reasonable suspicion that a motorist is violating or has violated a traffic law is sufficient for the officer to initiate a stop of the offending vehicle”, and that the officer’s interpretation of Wisconsin Statute 346.88 regarding objects in the front windshield was objectively reasonable. The Court found that the circuit court was not in error in denying the motion to suppress and revered the Court of Appeals.

Protect Your Fourth Amendment Right

The fourth amendment of the U.S. Constitution protects against unreasonable search and seizure. If you believe you have been unlawfully searched, contact a criminal defense attorney immediately.

Wisconsin Supreme Court Rules That a Victim’s Health Records Are Nobody’s Business

websitebuilder@thryv.com — Fri, 21 Jul 2023 13:53:15 GMT

In May, the Wisconsin Supreme Court overruled Wisconsin v. Shiffra , a case from 1993 which allowed a criminal defendant to obtain a limited review of their victim’s privately-held, otherwise privileged health records by way of in camera review by the court.

In overturning Shiffra, the Supreme Court held that it is “unsound in principle and unworkable in practice and has been undermined by developments in the law.”

Wisconsin v. Alan S. Johnson

The overturning of Shiffra came from the Wisconsin Supreme Court’s review of Wisconsin v. Alan S. Johnson . In this case, Alan S. Johnson was charged with several felonies in connection with a sexual assault charge against two of his children, a son and a daughter. Johnson sought in camera review of his son’s mental health and counseling records, based on the access granted under Shiffra.

Johnson’s son submitted a brief in opposition, and asked the court to revisit Shiffra, arguing that “it was wrongly decided, is unworkable, and its rationale has been undermined by subsequent developments in the law.” Johnson opposed, arguing that his son lacked standing to oppose the motion. The circuit court agreed with Johnson.

Upon review, the Wisconsin Court of Appeals reversed that decision, holding that Marsy’s Law , an amendment to the Wisconsin Constitution, did give crime victims standing to oppose those motions. Upon review, the Wisconsin Supreme Court overturned Shiffra, citing that decision as “unsound in principle, unworkable in practice, and detrimental to the coherence of the law”. Johnson’s motion for in camera review was overruled.

Sexual Assault in Wisconsin Is a Serious Offense

In Wisconsin, a charge of sexual assault is a serious offense. Speak with an experienced criminal defense attorney who will protect your rights and advocate on your behalf for the best possible outcome in your case.

“I Want to Speak to an Attorney”: the Sixth Amendment Right to Counsel

Mon, 26 Jun 2023 19:37:56 GMT

The phrase, “I want to speak to an attorney” is a familiar refrain in movies and television shows, often in the context of having an attorney present during police questioning. And there’s a good reason for that.

The Sixth Amendment of the U.S. Constitution guarantees the rights of criminal defendants, including the right to legal counsel. In a case from 1970 ( McMann v. Richardson ), the Court held that the right to counsel is the right to the effective assistance of counsel. Whether counsel was effective and whether a defendant’s right to counsel was violated have been addressed in numerous cases.

In the 2022 case of State of Wisconsin v. Arrington , the defendant was convicted of first-degree intentional homicide with the use of a dangerous weapon and being a felon in possession of a firearm. While in custody, Arrington had conversations with a fellow inmate during which Arrington made incriminatory statements. The inmate secretly recorded these conversations, and the recordings were admitted into evidence during trial without objection from Arrington’s lawyers.

In his appeal, Arrington argued the secret recordings should not have been permitted as evidence and that his sixth amendment right to counsel was violated, citing ineffective counsel that did not object to the recordings being admitted as evidence. The Wisconsin Court of Appeals agreed, concluding that the defense counsel's failure to try and have the recording suppressed fell below an objective standard of reasonableness. The conviction was reversed.

Upon review, the Wisconsin Supreme Court concluded that Arrington’s sixth amendment right to counsel was not violated because the jail inmate was not acting as a state agent when he recorded his conversations. Furthermore, the Court concluded that defendant’s counsel was not deficient in failing to object to the prosecution’s use of the recordings. The Wisconsin Supreme Court reversed the Court of Appeals decision and affirmed the circuit court’s judgment of the convictions.

“I want to speak to an attorney” should be stated by anyone charged with a crime. Having effective legal counsel is critical to the outcome of the case. If you are facing a criminal charge, speak with an experienced criminal defense attorney immediately.

Waiving Your Right to Counsel

Mon, 26 Jun 2023 19:31:14 GMT

Under the Sixth Amendment of the United States Constitution, a criminal defendant has the right to counsel. That criminal defendant also has the right to waive their right to legal assistance.

Clarification of the right to waive counsel was provided in the Wisconsin Supreme Court’s review of Wisconsin v. Delebreau (2015).

In 2011, after a jury trial, Jesse J. Delebreau was convicted of delivering heroin, second or subsequent offense, as a repeater and as party to a crime. Delebreau appealed the conviction, arguing that statements made to investigators—given while he was incarcerated—should have been suppressed. The statements were given after Delebreau had been charged and after he appeared with counsel in court. Delebreau was read his Miranda rights prior to the interview and did not request counsel.

Upon review, the Wisconsin Court of Appeals affirmed his conviction and the denial of the motion to suppress. The Wisconsin Supreme Court reviewed the case and affirmed the ruling of the Wisconsin Court of Appeals, holding that “a waiver of Miranda rights is sufficient to waive the Sixth Amendment right to counsel, and that Art. I, Sec. 7 of the Wisconsin Constitution does not provide greater protections than the Sixth Amendment in the context of such waiver.”

Don’t Waive Your Miranda Rights

When a suspect is read their Miranda rights , they are informed that they have the right to remain silent, to have an attorney present during questioning, and to have an attorney appointed if they are unable to afford one.

Once informed of their Sixth Amendment right to counsel, the defendant may clearly invoke the right to remain silent or the right to an attorney. Waiving of Miranda rights may be specifically expressed verbally or by signing something, or it may be implied, as in behaving in such a manner that indicates a knowing, voluntary waiver.

If you are brought in for questioning or are charged with a crime, ask to speak with an attorney and stay silent until they arrive.

Probation Conditions Must Be Satisfied for Expungement in Wisconsin

Mon, 26 Jun 2023 19:22:37 GMT

In Wisconsin, if you are convicted of a crime, you must ask for expungement at the time of your sentencing. If the judge decides that you are eligible for expungement once you have successfully completed your prison sentence or probation, then you may have your record expunged. The key phrase here, as written in Wisconsin statutes , is “satisfied all of the conditions of probation”.

The importance of meeting all the conditions of your probation is highlighted in the case of Wisconsin v. Ozuna. The defendant, Lazaro Ozuna, was 17 years old when he was charged with criminal damage to property and disorderly conduct.

Ozuna pled guilty and was placed on probationary supervision for 12 months, with one of the conditions of probation being to not possess or consume alcohol, illegal drugs, or paraphernalia. The court further determined that Ozuna's conviction was eligible for expungement provided he satisfied the conditions of probation and there was no violation of probation.

When he was discharged from probation, Ozuna’s probation officer submitted the necessary forms, citing that he had successfully completed probation. However, the agent also indicated that "all court ordered conditions have not been met”, noting that Ozuna did not comply with the no alcohol condition.

The circuit court denied expungement, saying he failed to fulfill the obligations of his probation by violating the court’s order that he neither possess nor consume alcohol. The Wisconsin Court of Appeals affirmed this decision, and the Wisconsin Supreme Court affirmed the decision of the Court of Appeals. The Court concluded that the defendant did not meet the statutory requirements for expungement, as he did not satisfy the conditions of his probation.

If you are on probation and a judge determines you are eligible for expungement, make sure you satisfy all the terms of your probation. To learn whether your case may be eligible for expungement in Wisconsin, speak with an experienced criminal defense attorney .

Road Rage—Is It a Crime When Emotions Get the Best of You?

Thu, 15 Jun 2023 19:44:24 GMT

With more and more Americans on the road and facing more traffic than ever, it's no surprise that emotions may sometimes take over. While most drivers' frustrations are only vented within the confines of their own vehicles, it may occasionally spill over into road rage.

Have you been accused of road rage? Is road rage a crime in Wisconsin? What sort of consequences might you face? And, perhaps more importantly, how can you defend and protect yourself? Here are some answers to your burning questions.

What Is Road Rage?

Road rage is a colloquial term that covers a wide range of angry behaviors by a driver. The actions may vary, but they all include someone operating a vehicle in a way that endangers others or others' property. It may be anything from weaving around other vehicles and speeding to ramming cars or starting physical fights in the road.

Technically, road rage is not a crime in and of itself. What may be a crime, though, is how that anger plays out. Starting a fight at a stop light generally qualifies as assault and battery, for example.

What Might You Be Charged With?

Because road rage isn't a single criminal charge, there is a wide variety of charges you may face. One of the most common is disorderly conduct. This charge would include engaging in violent, offensive, indecent, profane, unreasonably loud, or other conduct that provokes a disturbance. Clearly, this can take many forms when emotions are high.

A more serious offense might be recklessly endangering safety. In this case, the angry driver would be accused of endangering the safety of others, doing so in a criminally reckless way, and showing utter disregard for life. Prosecutors may argue this charge based on anything from dangerously 'brake checking' another driver to running someone off the road—or acting like you are going to do so.

Assault and battery charges are not uncommon as well. Assault occurs when a person threatens another with violence. Battery is the violence itself. In a road rage encounter, getting out and threatening another driver may be assault. Battery could be added if you actually strike them—with your person or your vehicle. And in many jurisdictions, your vehicle can be deemed a dangerous weapon, boosting charges.

Is Road Rage a Misdemeanor or a Felony?

Any incident on the road could result in one or more of three kinds of penalties and charges. The first is an infraction, which is not even technically a crime in most areas. Infractions include moving violations, jaywalking, and other nonviolent charges. Infractions usually involve monetary fines and penalties, community service, or other deterrence penalties.

Standard criminal charges are either misdemeanors or felonies. Misdemeanors are less serious while felonies are more so. In Wisconsin, a misdemeanor can carry a jail sentence of up to a year while felonies are punishable by several years in jail. The same basic charge, such as assault, can be upgraded or downgraded to either level depending on the circumstances.

How Can You Defend Yourself?

Once you've been charged with a road rage-related offense, though, how can you defend yourself? After all, you can't go back and change what happened in the past. The good news is that there are several ways to move forward.

The actual incident is often not caught on camera, so it's important to get your side of the story across. Officers may only have the other party's statement to go on, but that may not be completely accurate. Perhaps the other driver started the incident, maybe you were defending yourself against them, the whole thing might have been exaggerated, or they could even be the one who was driving recklessly.

Sometimes, too, law enforcement overreaches on how to charge drivers. Was it really disorderly conduct if you yelled obscenities at a driver who cut you off? Was your 'brake check' actually reckless endangerment? A skilled attorney may be able to help logic prevail when it comes to charging these emotional incidents.

If it's not going to be possible to get the charges dismissed, your lawyer can also negotiate to reduce the charges. This is known as mitigation. As mentioned, getting a charge reduced from a felony to a misdemeanor can keep you out of the Wisconsin state prison system. What if the charge includes using your vehicle as a dangerous weapon? You might negotiate to have this added penalty removed in exchange for a concession.

Where Can You Start?

The most important thing you can do to defend yourself from road rage charges is to meet with a qualified Wisconsin criminal defense attorney. Cohen Law Offices is standing by to help. We'll work with you to find the best route to success, whether it's getting charges dropped or mitigation of the penalties. Call today to make an appointment and learn more.

Know Your Fourth Amendment Rights

Tue, 13 Jun 2023 19:56:11 GMT

Popular television crime shows often show police officers trying to convince a prosecutor or judge they have sufficient evidence to apply for a search warrant. It is a common scenario in television shows, and it is also a common scenario in police offices and judge’s chambers.

The Fourth Amendment of the Constitution of the United States protects people against unreasonable searches and seizures. In order to obtain a search warrant , probable cause must be demonstrated and the search warrant must specify the place to be searched and the persons or things to be seized.

Because anything seized under a search warrant can be used as evidence against a defendant, questioning the legality of the search is paramount. This was demonstrated State of Wisconsin v. Christopher D. Wilson , where Christopher Wilson argued that his Fourth Amendment rights were violated due to an illegal search.

Wilson contended that police officers entered his fenced-in backyard without a search warrant and that their entry was not a valid “knock and talk” investigation. He argued that the officers lacked an implicit license to enter his fenced-in backyard, and that their warrantless entry was not justified by the exigent circumstance of “hot pursuit”. Wilson sought a review of the decision by the Wisconsin Court of Appeals affirming his conviction, and the denial of the circuit court regarding his motion to suppress evidence.

On November 23, 2022, the Supreme Court of Wisconsin reversed the decision of the Wisconsin Court of Appeals, concluding the police officers did not have an implicit license to enter Wilson's backyard. The Court also concluded the officers violated his Fourth Amendment rights: their entry into his backyard was not permissible under the exigency of “hot pursuit” as the officers did not continuously or immediately pursue him from the scene of a crime. The Court directed the circuit court to vacate Wilson’s conviction and to grant the motion to suppress evidence.

Know your rights. If you are facing a criminal charge, speak with an experienced criminal defense attorney immediately.

Marijuana Crimes A “High” Priority for Wisconsin Law Enforcement

Tue, 13 Jun 2023 19:52:21 GMT

Wisconsin’s marijuana laws differ from neighboring states. Thirty-nine states, including nearby Iowa and Minnesota, have legalized marijuana use to some extent. Returning home to Wisconsin from a visit to a recreational dispensary in Illinois, however, could cost you much more than the going rate for an eighth.

Marijuana possession is illegal in Wisconsin and harshly prosecuted. If the police catch you with marijuana, you could be facing up to 42 months in prison and thousands of dollars in fines if convicted.

Marijuana Is a Schedule I Drug In Wisconsin

State marijuana laws are constantly in flux. For example, in Wisconsin, marijuana is classified as a Schedule I hallucinogenic substance. This means that marijuana possession charges are taken just as seriously by the prosecution as other Schedule I drug charges, including heroin, LSD, and ecstasy.

Because weed in any form is a Schedule I drug, both medical and recreational marijuana use and distribution are currently illegal in Wisconsin. Even if you have a valid med card from another state, bringing marijuana to Wisconsin could result in significant legal trouble.

Marijuana-Related Crimes and Penalties

Wisconsin is harsh on drug crimes, and marijuana possession and distribution are no exception . If you are charged with a marijuana-related crime, an expert drug crime attorney may be able to help you avoid the following escalating penalties:

First-time marijuana possession offense: Misdemeanor, up to 6 months in jail, up to $1000 in fines, up to 5 year suspension of driving privileges.
Subsequent marijuana possession offenses: Felony, up to 3.5 years in prison, up to $10,000 in fines, up to 5 year suspension of driving privileges.
Possession with intent to sell, deliver, or otherwise distribute marijuana: Felony penalties range from 3.5 years in prison and $10,000 in fines to 15 years in prison and up to $50,000 in fines depending on the amount of marijuana.
Cultivation of marijuana plants: Felony penalties range from 3.5 years in prison and $10,000 in fines for 4 plants or fewer to up to 15 years in prison and $50,000 in fines for more than 200 plants.
Use or possession of paraphernalia, including bowls, bongs, etc.: Misdemeanor, up to 30 days in jail, $500 in fines.
Sale or distribution of paraphernalia: Misdemeanor, up to 90 days in jail, $1,000 in fines.
Selling paraphernalia to a minor: Misdemeanor, up to 9 months in jail, $10,000.

Aggressive Drug Crime Prosecution Requires Aggressive Defense

Your lawyer may be able to show that the arresting officer lacked valid probable cause to stop you before the initial arrest if unlawful search and seizure was committed, or demonstrate to the prosecution that the seized drugs did not belong to you to see that your charges are reduced or dismissed.

If charged with a marijuana-related crime, the stakes are too high to tackle the charges alone. Contact Cohen Law Offices to discuss your situation with an experienced criminal defense attorney.

Prior Sexual Assault Convictions Can Be Introduced as Evidence

Tue, 13 Jun 2023 15:09:42 GMT

Your past can—and will—come back to haunt you if you face a charge of first-degree sexual assault in the state of Wisconsin.

In Wisconsin, prior sexual assault convictions may be introduced as evidence in the case against you. According to Wisconsin Statute 904.04(2)(b)2 , in a criminal proceeding alleging a violation of first-degree sexual assault or first-degree sexual assault of a child, evidence of other convictions for those specific crimes or a comparable offense in another jurisdiction that is similar to the alleged violation may be admitted. This is permitted, the law states, as “evidence of the person’s character in order to show that the person acted in conformity.”

This Wisconsin statute is an exception to the rule that prohibits other acts of evidence from being offered to prove conduct. Over the years, the constitutionality of this exception has come into question. In 2019, the Wisconsin Court of Appeals reviewed the case of State v. Christopher L. Gee , whereby the defendant appealed his conviction of two counts of first-degree sexual assault using a dangerous weapon.

In this case, the defendant contended that his right to due process was violated because he chose not to testify based on the trial court’s pretrial ruling regarding the admission of his prior conviction for rape in Indiana. The trial court determined that the prior conviction could be introduced at trial pursuant to Wisconsin Statute 904.04(2)(b)2 but limited its admission to purposes of rebuttal in the event the defendant presented evidence attacking the credibility of the victims. The defendant asserted that the trial court erroneously exercised its discretion in making that ruling.

The Wisconsin Court of Appeals, in its decision, upheld that Wisconsin Statute 904.04(2)(b)2 is constitutional as applied to the defendant. The Court further concluded that the trial court did not erroneously exercise its discretion in its ruling regarding the admission of the defendant’s prior conviction.

A charge of sexual assault is a serious criminal offense. Wisconsin’s laws surrounding sexual assault can be confusing and there are gray areas that are subject to interpretation. Having a skilled criminal defense attorney with demonstrated experience and a successful track record of handling Wisconsin sexual assault cases is critical for a favorable outcome in your case.

The Role of Parents When a Child Faces Criminal Charges

websitebuilder@thryv.com — Mon, 15 May 2023 20:46:52 GMT

A parent of a child charged with a criminal offense, you will have questions. No one wants one incident, either falsely accused or otherwise, to define the life of their child or to tear apart their home. Parents often feel helpless and frightened during this time, so know the risks and create an action plan.

Know Your Risks

A parent or legal guardian could face charges in addition to those placed against their child. If the court decides the event took place because of a parental failure to supervise the child, the parent can face fees related to victim restitution and for damages.

Parents may owe the State of Wisconsin child support for a youth found guilty and admitted to a correctional facility or other program and placed under the supervision of the Wisconsin Youth Authority. The support payments vary based on the income of the parents. The judge may also order the parents to cover the attorney fees for their child.

The parents of repeat offenders could incur another penalty. The judge may order them to take part in a parent training class. To avoid this, parents can offer up their own defense that could include the efforts they made to prevent the crime or that they were the ones that reported the incident.

Understand the Severity

People may underestimate the severity of the punishment a child can face for a serious criminal charge. The state of Wisconsin transfers the cases of any child 17 or older to adult court. The penalties could include detention in a juvenile correction facility where they can remain until the age of 25 to complete the sentence for their crime.

The belief that the child will not suffer from their record as an adult because they can have their records expunged at 18 is not necessarily true for all juvenile offenders. Wisconsin law does not allow expungement of Class A and B felony convictions , most sex offenses and most offenses that involve child abuse. Traffic-related crimes like DUI are also not set aside.

Remember Their Future

Commit to raising the children throughout this crisis. Charges do not always result in a conviction and even a guilty verdict does not end the opportunity for a successful future. Continue to encourage educational pursuits and have the child attend school every day as they wait for their court hearing.

A criminal conviction may bar them from receiving financial aid for college, but it does not mean they cannot get a higher education. Many schools will accept students with a criminal past if the applicant is honest about the incident and has kept a clean record since the event.

Many legal issues occur because of substance abuse problems, even if the charges are not drug-related. Look into the possibility of drug treatment to improve their future. The court may even offer drug treatment as an alternative to other penalties in some instances.

Know the Laws

Minors have the same legal rights as an adult. They can insist on having an attorney present when speaking to the police. Statements made to police officers before the child hears their Miranda rights are not admissible in court. The police may question a minor without parents present unless the child is in custody, or if the child requests the police contact their parents.

Connect with a Reputable Criminal Defense Lawyer

One way that parents can take better care of their child's criminal charges is to work with a reputable criminal defense lawyer. A reputable criminal defense lawyer will carefully walk parents through the process of defending their child's charge and seeking effective ways to plead their case.

Your criminal defense attorney will also give you helpful counsel so that you and your child can navigate this complex and often discouraging process with added confidence. A criminal defense lawyer can also help your child properly file the necessary paperwork so that your child can have the best chance at defending their case.

Parents should be sure to carefully check reviews on the law office that they choose to defend their child's criminal charge. A reputable criminal defense lawyer that has experience with juvenile cases will be able to walk parents through the process and provide parents with informative counsel so that their child can enter their court proceedings with added confidence.

A reputable criminal defense lawyer will always have their client's best interest at heart. Parents should be sure to thoroughly go through the case with their lawyer and child so that there is a common goal in mind.

Parents must find a lawyer that understands how to handle juvenile cases. At Cohen Law Offices , we know the concern of parents and the fear children feel when they realize the severity of their situation. We can help your family through this tough time. Contact us to discuss your child's case.

Counting OWI Offenses in Wisconsin: Court Reviews Post-Conviction Sentence Modification

Tue, 09 May 2023 13:42:05 GMT

Drivers who are charged with operating a vehicle while intoxicated (OWI) in Wisconsin face penalties that are based on the number of prior offenses, with the stiffest penalties imposed on those with ten or more OWI offenses. Mounting a strong defense of every OWI charge is critical—OWI convictions generally remain on the record for ten years. Furthermore, if a driver has two or more prior convictions, a subsequent conviction will automatically be considered a third offense, regardless of when the two prior convictions occurred.

The impact of prior OWI convictions in sentencing was highlighted in State of Wisconsin v. James J. Socha , which was decided by the Court of Appeals of Wisconsin on April 25, 2023. In this case, the defendant was convicted of OWI as a tenth or subsequent offense in 2004 and again in 2008. In Wisconsin, this is considered a Class E felony, which brings a confinement sentence of four to 15 years. The defendant appealed both cases, asserting that the trial and circuit courts were in error when they failed to modify his sentence after he presented evidence that prior OWI convictions had been vacated after he was sentenced.

In this case, the Court of Appeals of Wisconsin found that if the defendant “meets his burden to prove that some of his prior convictions were lawfully vacated, it may warrant sentence modification”. The court ordered that the defendant’s motions for sentence modification be reopened and to determine which—if any—prior OWI convictions were lawfully vacated and to then impose a sentence according to Wisconsin statutes .

Because prior OWI convictions play a key role in sentencing, the importance of an aggressive defense of every OWI charge cannot be overstated. Individuals who are charged with OWI in Wisconsin—whether it is a first offense or a subsequent offense—are advised to speak with a skilled, knowledgeable OWI defense attorney who will advise you of your best legal options and develop an airtight, tailored legal defense.

Resist The Urge To Resist Arrest

websitebuilder@thryv.com — Tue, 09 May 2023 13:23:01 GMT

Resist The Urge To Resist Arrest

If you have been arrested, you know just how terrifying the experience can be. As soon as the officer approaches you with handcuffs, your first instinct may be to back away and attempt to explain your innocence. Fight these instincts and stay silent. It is always best to comply with the officer’s orders. As soon as you can, tell the officer that you plan to exercise your right to an attorney.

Some people resist arrest because they believe that they have been wrongly accused or that law enforcement are using excessive force. Others are understandably fearful of their charges and hope to avoid a criminal record. Regardless of the circumstances, resisting arrest is a crime in and of itself and can lead to additional charges on top of the charges you are being arrested for.

In Wisconsin, resisting arrest is a Class A misdemeanor punishable by up to 9 months in jail and/or up to $10,000 in fines. Repeat offenders could face up to two years in prison, and if the officer is hurt, it can be a felony.

Resisting Vs. Obstructing An Officer

Resisting an Officer and Obstructing an Officer are both charged under Wisconsin Statutes Section 946.41 . To be charged with either, the officer must be operating in an “official capacity” (performing law enforcement duties) and must be acting with “lawful authority” (in compliance with the law). Both are class A misdemeanors which carry a maximum penalty of 9 months in jail and/or a $10,000 fine.

Resisting an Officer charges may result if you oppose the arrest by force or threat of force. Some examples include:

- Physically struggling with the police officer or trying to grab their weapon

- Threatening to use a dangerous weapon against the police officer, regardless of whether or not you have a dangerous weapon

- Hitting, kicking, biting, or otherwise attacking the police officer

Obstructing an Officer is less clear-cut. Obstruction charges may result if you attempt to prevent the officer from performing their lawful duties. Examples may include:

- Refusing to cooperate with the police when they are trying to place you under arrest

- Providing false information to an officer

- Misleading law enforcement

All of these actions can result in additional charges being filed against you, as well as an increase in the severity of the charges you are already facing. It is not uncommon for resisting arrest charges to lead to increased bail amounts and longer jail sentences.

If you are being arrested, it is important to remain calm and cooperative. Remember that anything you do or say can be used against you in court, and contact an experienced Wisconsin defense attorney as soon as possible.

Understanding Wisconsin DUI laws: What you need to know

Thu, 27 Apr 2023 17:39:01 GMT

OWI Penalties in Wisconsin

Most First-offense OWIs are civil infractions that are punishable by a forfeiture and license loss. Second or third offenses are 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 of up to $1,100 and/or up to six months in jail

● Third OWI — Fine of up to $2,000 and/or up to one year in jail

● Fourth OWI — Fine of up to $10,000 and/or up to six years in prison

● Fifth or sixth OWI — Fine of up to $25,000 and/or up to 10 years in prison

● Seventh, eighth, or ninth OWI — Fine of up to $25,000 and/or up to 12 years, six months in prison

● Tenth or subsequent OWI — Fine of up to $50,000 fine and/or up to 15 years in prison

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 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 up 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.

● OWI, first offense — Up to nine months

● OWI, second offense — Up to 18 months

● OWI, third or subsequent offense — Up to three 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

With almost 50 years combined experience, Michael Cohen and the lawyers at Cohen Law Offices will work zealously to defend your case and work tirelessly to achieve the most favorable possible outcome in your case.

Common defenses for drug charges in Wisconsin

Wed, 19 Apr 2023 14:04:38 GMT

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The Wisconsin Department of Justice (DOJ) reports that there were 792 drug crimes in Eau Claire County in 2021, which was an increase from the 606 in 2020. WQOW-TV reported that the White House's Office of National Drug Control Policy designated Eau Claire County as a high-intensity drug trafficking area, meaning the county would receive additional resources to coordinate federal, state, and local governments' efforts to fight drug trafficking and abuse.

Any person who is facing any kind of drug charge in the Chippewa Valley area should be certain they speak with the experienced criminal defense attorneys at Cohen Law Offices. Our firm knows how to defend people accused of all types of drug crimes, so you can count on us to fight and try to get your criminal charges reduced or dismissed.

Common Drug Crime Defenses in Eau Claire

There are often defenses available in drug cases. Whether there are in yours depends on the facts of case, so it is always advisable to speak to an attorney about your options. Some of the more common defenses lawyers raise in drug cases are discussed below:.

Unlawful Search and Seizure

The Fourth Amendment to the United States Constitution prohibits unlawful searches and seizures. A reasonable search typically involves a search warrant, but many police searches for drugs rarely involve warrants. Some of the exceptions to the warrant requirement that a court could deem permissible may include searches incidental to arrests, consensual searches, searches of objects in plain view, automobile exception searches, and other exigent circumstances. If an exception does not apply in your case, you may be able to have the evidence against you thrown out.

Drugs Belonged to Somebody Else

One very common defense in many drug cases is that drugs in question actually belonged to another person. This defense can be a little trickier when a prosecutor is attempting to hold an alleged offender accountable under a theory of constructive possession.

The Substance in Question is Not Contraband

In certain situations, an alleged offender could be charged with possessing a controlled substance that is not actually a controlled substance. An experienced attorney will know how to argue the alleged drugs were actually a lawful substance.

The Drugs Were Planted

It can be very difficult to argue that a police officer planted drugs on an alleged offender, but there can be cases in which people have no other explanation for how drugs were found. A criminal defense lawyer can begin investigating an officer’s history to see if this is a common complaint. There could also be benefits to speaking with other officers involved in an arrest.

Entrapment

Some people may have possessed drugs as part of sting operation that they would have not have committed unless they were induced to do so by law enforcement. When this occurs, they may be able to claim entrapment.

Call Cohen Law Offices Today

Call Cohen Law Offices at (715) 514-5051 or contact us online if you were arrested for any kind of drug crime anywhere in the greater Eau Claire area. Our firm handles all kinds of drug offenses, from simple possession to manufacturing to distribution.

Exploring the Differences Between Misdemeanors and Felonies in Eau Claire

Tue, 11 Apr 2023 16:12:57 GMT

Crimes in Wisconsin are generally divided into misdemeanors and felonies, with a felony being any criminal offense punishable by one year or more in state prison, while misdemeanors are essentially most other crimes. Misdemeanors may involve imprisonment, but it is usually at a county jail instead of a state prison, and the duration is typically less than one year.

Wisconsin Statute § 973.01 establishes that when courts sentence people to prison for felonies other than offenses involving life imprisonment, a court must impose a bifurcated sentence that includes a term of confinement followed by a term of extended supervision. When a person is convicted of a felony offense, a sentencing court will determine whether to impose the maximum penalty or a lesser penalty, but the court has no power to impose lower penalties when felonies are punishable by life imprisonment.

Infractions

A third kind of criminal offense in Wisconsin is the infraction, also known as a petty offense. These are the least serious criminal offenses on the books, and they can be civil offenses instead of criminal offenses in some cases.

Most petty offenses are not punishable by imprisonment, although some offenses may involve a few days in jail. Jaywalking, littering, and disturbing the peace are common examples of infractions.

Misdemeanors

Misdemeanors are identified under Chapters 939 through 951 of the Wisconsin Criminal Code. Misdemeanors are further categorized into three classes:

● Class A Misdemeanor – a fine of up to $10,000 and/or up to nine months in jail

● Class B Misdemeanor – a fine of up to $1,000 and/or up to 90 days in jail

● Class C Misdemeanor – a fine of up to $500 and/or up to 30 days in jail

Some misdemeanor offenses do not specify a class and remain unclassified, but such offenses may also specify terms of imprisonment and fines. People imprisoned for misdemeanors will usually be taken to the Eau Claire County Jail, which is located at:

Eau Claire County Jail

710 2nd Avenue

Eau Claire, WI 54703

Alleged offenders who are under 18 years of age may be taken to the Northwest Regional Juvenile Detention Center, located at:

Northwest Regional Juvenile Detention Center

721 Oxford Ave

Suite 3600

Eau Claire, WI 54703

Common examples of misdemeanor offenses in Wisconsin include damage to property under Wisconsin Statute § 943.01, pandering under Wisconsin Statute § 944.33, and lewd and lascivious behavior under Wisconsin Statute § 944.20.

Felonies

Felonies are classified under a penalty scheme established under Wisconsin Statute § 939.50 . Terms of imprisonment are defined for all nine classes, and fines are established for seven:

● Class A felony – life imprisonment

● Class B felony – up to 60 years in prison

● Class C felony – a fine of up to $100,000 and/or up to 40 years in prison

● Class D felony – a fine of up to $100,000 and/or up to 25 years in prison

● Class E felony – a fine of up to $50,000 and/or up to 15 years in prison

● Class F felony – a fine of up to $25,000 and/or up to 12 years and 6 months in prison

● Class G felony – a fine of up to $25,000 and/or up to 10 years in prison

● Class H felony – a fine of up to $10,000 and/or up to six years in prison

● Class I felony – a fine of up to $10,000 and/or up to three years and 6 months in prison

An alleged offender sent to prison in Eau Claire will usually be transported to the Chippewa Valley Correctional Treatment Facility, as the Wisconsin Department of Corrections indicates that the Division of Community Corrections (DCC) Region 5 deals with Eau Claire County. The prison is located at:

Chippewa Valley Correctional Treatment Facility

2909 East Park Avenue

Chippewa Falls, WI 54729

Common examples of felony offenses in Wisconsin include the Class A felony of first-degree intentional homicide (murder) under Wisconsin Statute § 940.01, the Class B felony of sexual assault under Wisconsin Statute § 940.225, the Class C felony of armed robbery under Wisconsin Statute § 943.32(2), the Class D felony of possession of child pornography under Wisconsin Statute § 948.12, the Class E felony of carjacking under Wisconsin Statute § 943.23(1g), the Class F felony of theft of goods valuing more than $100,000 under Wisconsin Statute § 943.20(3)(cm), the Class G felony of homicide by negligent operation of a vehicle under Wisconsin Statute § 940.10, the Class H felony of strangulation and suffocation under Wisconsin Statute § 940.235, and the Class I felony of aggravated battery under Wisconsin Statute § 940.19(2).

Contact Our Eau Claire Criminal Defense Attorney

Are you facing either misdemeanor or felony charges in Eau Claire? You are going to want to be sure you retain legal counsel to help achieve the most favorable possible outcome for your case, and Cohen Law Offices will know how to help.

Our firm has been defending people all over Wisconsin for more than 30 years. You can call (715) 317-5207 or contact us online to receive a free consultation with our Eau Claire criminal defense attorney.

The Role of Mental Health in Criminal Defense Cases: Strategies for Success

Thu, 06 Apr 2023 16:57:12 GMT

In State v. Shoffner, 31 Wis. 2d 412, 143 N.W.2d 458 (Wis. 1966) , the Supreme Court of Wisconsin wrote that Maine, Illinois, and New York had all adopted laws establishing that a person can not be responsible for their criminal conduct when it was the result of a mental disease or defect. While mental health claims are often known as “pleading the insanity defense,” the truth is that mental health issues can relate to a wide range of psychological disorders, including schizophrenia, bipolar disorder, or major depression.

The American Bar Association (ABA) has specific standards relating to the criminal justice system and the mental health system. The National Conference of State Legislatures (NCSL) says that many states have been taking approaches to better serve people with mental health issues, including pre-arrest intervention, diversion, and reentry.

How Mental Health Claims Work in Wisconsin

According to Maryville University :

● The Bureau of Justice Statistics (BJS) reports that about 44 percent of people in jail and 37 percent of people in state or federal prison have been diagnosed with a mental illness.

● The Washington Post reported that almost 25 percent of police shootings involve an encounter with a person with a mental illness.

● BJS statistics show that suicide remains the leading cause of death in jails and occurs at rates in jails and prisons that are much higher than in the general population.

Under Wisconsin Statute § 971.16 , the examination of an alleged offender will mean that when a person enters a plea of not guilty by reason of mental disease or defect or there is reason to believe that mental disease or defect of the defendant will otherwise become an issue in the case, a court can appoint at least one physician or at least one psychologist, but not more than three physicians or psychologists or combination thereof, to examine the alleged offender and testify at the trial. The fact that a physician or psychologist was appointed by a court must be made known to a jury, and the physician or psychologist will be subject to cross-examination by both parties.

Not less than 10 days before trial, or at any other time that the court directs, a physician or psychologist appointed under Wisconsin Statute § 971.16(2) must file a report of their examination of the alleged offender with a judge, who will transmit copies to the district attorney and to counsel for the alleged offender. The report will be confidential until the physician or psychologist has testified or at the completion of the trial.

A report must contain an opinion regarding the ability of the alleged offender to appreciate the wrongfulness of their conduct or to conform their conduct with the requirements of the law at the time of the commission of the criminal offense charged and when sufficient information is available to the physician or psychologist to reach an opinion, their opinion on whether the alleged offender needs medication or treatment and whether they are not competent to refuse medication or treatment. An alleged offender will not be competent to refuse medication or treatment if, because of mental illness, developmental disability, alcoholism, or drug dependence, and after the advantages and disadvantages of and alternatives to accepting the particular medication or treatment have been explained to the defendant, one of the following is true:

● The alleged offender is incapable of expressing an understanding of the advantages and disadvantages of accepting medication or treatment and the alternatives.

● The alleged offender is substantially incapable of applying an understanding of the advantages, disadvantages, and alternatives to their mental illness, developmental disability, alcoholism, or drug dependence to make an informed choice as to whether to accept or refuse medication or treatment.

If the alleged offender wants to be examined by a physician, psychologist, or another expert of their own choice, the examiner must be permitted to have reasonable access to the alleged offender for the purposes of examination. The state can summon a physician, psychologist, or another expert to testify, but that witness cannot give testimony unless, not less than 15 days before trial, a written report of their examination of the alleged offender has been transmitted to counsel for the alleged offender.

If a physician, psychologist, or another expert who has examined the alleged offender testifies concerning their mental condition, they must be permitted to make a statement as to the nature of their examination, their diagnosis of the mental condition of the alleged offender at the time of the commission of the offense charged, their opinion as to the ability of the alleged offender to appreciate the wrongfulness of their conduct or to conform to the requirements of law and, if sufficient information is available to the physician, psychologist or expert to reach an opinion, their opinion on whether the alleged offender needs medication or treatment and whether the alleged offender is not competent to refuse medication or treatment for their mental condition. Testimony concerning an alleged offender’s need for medication or treatment and competence to refuse medication or treatment may not be presented before the jury that is determining the ability of the alleged offender to appreciate the wrongfulness of their conduct or to conform their conduct with the requirements of the law at the time of the commission of the criminal offense charged.

The physician, psychologist, or another expert can be permitted to make an explanation reasonably serving to clarify their diagnosis and opinion and may be cross-examined as to any matter bearing on their competency or credibility or the validity of their diagnosis or opinion. Nothing requires the attendance at the trial of any physician, psychologist, or another expert witness for any purpose other than the giving of their testimony.

Contact Our Eau Claire Criminal Defense Attorney

If you think that you can have a mental health defense in your criminal case in the Eau Claire area, it is going to be important for you to be sure that you have dedicated legal representation. Cohen Law Offices understands how complicated mental health issues can be in criminal cases, but we also know how to work with experts to get alleged offenders the help that they need.

Our firm will always be willing to take your case to trial, so you can know that you will have somebody on your side who is committed to going the distance for you. Call (715) 317-5207 or contact us online to take advantage of a free consultation with our Eau Claire criminal defense attorney.

Frequently Asked Questions About Probation

Fri, 24 Mar 2023 19:32:06 GMT

You may have heard, read, or seen countless references to criminal probation over the years without really understanding how this form of suspended correction works. However, if you find yourself charged with a crime, you may need to cultivate a working knowledge of what probation involves and the consequences of violating it.

The more you know about probation, the more easily you can stay on your probation officer's good side by following the rules. If you violate your probation agreement, you need to understand how an attorney may help you minimize the damage done. Start by studying the following frequently asked questions and their answers.

What Does Probation Involve?

Probation offers a community-based alternative to incarceration. Under the terms of probation, a person convicted of a crime may remain largely free under certain conditions set by the court. These conditions may involve weekends in jail, mandatory community service, fines, fees, and restrictions regarding firearms or intoxicants.

Depending on the severity of the offense, your probation term might extend for a matter of months or several years. However, a judge may also end a probation term prematurely if you meet all the necessary conditions for early discharge, such as serving at least 50 percent of the term.

Who May Qualify for Probation?

Courts generally offer probation in cases where the convicted individuals appear to pose no threat to society at large, or when imprisonment seems either too harsh a penalty or simply unnecessary. For instance, if you commit a non-violent crime as a first offender, the judge in your case may offer you probation.

Although courts generally reserve probation for lesser crimes, it may apply to both misdemeanors and felonies. If you receive probation for a misdemeanor, you'll report to someone associated with your county's probation office. If you receive felony probation, you'll report to the Wisconsin Department of Corrections.

Don't assume that any and all crimes qualify for probation, even on a first offense.

What Role Does Your Probation Officer Play?

If you receive probation, the court will assign a probation officer to your case. This officer holds a wide range of responsibilities, from making sure you pay your mandatory supervision fee and completing all necessary paperwork to monitoring your state of employment, making home visits, and supervising periodic drug tests.

You must report to your probation officer on a regular schedule as determined by the court. A positive, open relationship with the officer could prove immensely helpful. Keep in mind that the parole officer can inform the court of your full cooperation and good behavior, which may lead to a shortened probationary term.

A probation officer can also help you in other ways during your supervision. For instance, this professional may help you find mental health assistance, prepare to re-enter the job market, seek help for chemical dependency, and gain access to other important services that may aid your rehabilitation.

If you stop communicating with your parole office or attending required meetings with the officer, the court may issue a warrant for your arrest. The court may also extend your parole term by the amount of time between your first failure to communicate and your apprehension by the authorities.

What Happens if You Violate Your Probation?

You can violate a probation term in numerous ways. Failure to pay your supervision fee, report to your parole officer as scheduled, and remain free of drugs and alcohol can all constitute parole violations. If you get charged with a fresh crime during your probation term, this additional charge may also count as a violation.

Violation of a probation agreement can have serious consequences. In the case of a minor or first-time violation, your probation office may simply issue a warning. Depending on the nature of the violation, you may also need to undergo counseling, complete a drug rehabilitation program, pay additional fines, or accept a lengthier probation.

Repeated or more serious violations may prompt a parole revocation hearing. In this hearing, the prosecution will present evidence of your violation or violations with the recommendation that the court cancel your probation. You may then have to obey the terms of your original sentence, which may include significant prison time.

How Should You Respond to Probation Violation Charges?

Don't give up hope right away if you face parole violation charges. The prosecution must show compelling evidence that you violated parole, just as it had to show sufficient evidence to convict you in the first place. If you can present equally compelling evidence in your defense, the judge may actually rule in your favor.

To improve your chances of success in fighting a parole violation charge, you should engage a criminal defense attorney who can represent you as effectively as possible. This kind of legal expert knows the subtleties of the law and understands how to undermine any holes in the prosecution's case against you.

Whether you hope to get probation for a potential criminal sentence or you need to offer a defense against a probation violation charge, the skilled, experienced legal team at Cohen Law Offices stands ready to help. Contact us today so we can discuss your situation in detail.

Can DUI Charges be Dropped or Reduced in Eau Claire?

Thu, 23 Mar 2023 19:22:59 GMT

A common question that arises among people who are charged with as operating while intoxicated (OWI) in Wisconsin is whether they can have their charges dropped or even dismissed. As usual in legal matters, the answer to this question is “it depends.”

When you are arrested for any kind of OWI offense in the Chippewa Valley, you should get in touch with the experienced criminal defense attorneys at Cohen Law Offices as soon as possible to immediately begin examining the details of your case. Our firm will know how to look at all of the circumstances surrounding your arrest in the Eau Claire area and will be able to identify what could be your greatest defense strengths.

Three Common Ways to Defend OWI Charges

When a person is arrested for an OWI in Wisconsin, potential defenses are typically going to hinge on separate elements relating to the crime. These will include:

● Questioning the Legality of the Traffic Stop — Although this is a relatively uncommon defense in most OWI cases, it is not out of the question that a police officer did not have a valid reason to conduct a traffic stop. Police officers generally must witness some kind of traffic violation, equipment violation, or erratic driving when they have not set up checkpoints to stop random drivers or they are investigating a motor vehicle allegedly involved in a criminal offense. In other words, police officers cannot stop people based on their appearance, such as race.

● Challenging Probable Cause for a Breath Test — A police officer needs probable cause to request a breath test from a driver. When a driver has denied drinking any alcohol, an officer may still request a test when they believe the alleged offender is being dishonest. People who decline to perform breath tests can have their driver’s licenses immediately suspended for one year for refusing to comply with these requests. That said, you do not need to perform field sobriety testing.

● Challenging Breath Test Results — Undoubtedly one of the most common reasons that OWI charges are reduced or dismissed in Wisconsin concerns validity of the test results themselves. There can often be major questions about the accuracy of these results when the machines the tests were performed on were not properly maintained. There could also be issues relating to calibration. The average person has no idea how any of these defenses would be available on their own, which is why it is so critical for any alleged offender to immediately invest in qualified legal counsel.

Contact Your Eau Claire OWI Lawyer

Call Cohen Law Offices at (715) 514-5051 or contact us online if you were arrested for an OWI offense anywhere in the greater Eau Claire or west central WI. Our firm regularly defends clients accused of all kinds of drunk driving crimes.

What are the Different Types of Felony Sex Crimes in Wisconsin?

Tue, 24 Jan 2023 22:43:49 GMT

A “sex crime” is any form of criminal misconduct that has a sexual motive. Sex crimes are some of the most stigmatized accusations and can be prosecuted severely depending on the circumstances. In Wisconsin, there are a variety of criminal offenses that fall under the sex crime label.

Because of the stigmatized nature of sex offenses, offenders often struggle to find employment opportunities long after serving their sentence. If you face sex crime charges, an experienced sex crime attorney can help you avoid lengthy prison time, high fines, and sex offender registration.

Wisconsin Felony Sex Crimes

There are four types of 1st-degree sexual assault in Wisconsin:

Any non-consensual sexual contact or intercourse that results in pregnancy or great bodily harm
Non-consensual sexual contact or intercourse by use or threat of a deadly weapon
Non-consensual sexual contact or intercourse that is aided or abetted by one or more other persons by the threat of force or violence
Sexual contact with a child under age 16 by the threat of force or violence.

1st-degree sexual assault is a Class B Felony. If convicted, you may face up to 60 years in prison. In addition, if the victim was under the age of 13 and was injured during the assault, you could face life imprisonment.

Sexual assault in the 2nd degree is a broad conviction that could include the following crimes:

Non-consensual sexual contact or intercourse by use of threat of force or violence
Non-consensual sexual contact or intercourse that results in injury, illness, or mental anguish requiring psychiatric care
Sexual contact or intercourse with a person with mental deficiencies that prevent them from accurately appraising the sexual situation AND the defendant is aware of these deficiencies.
Sexual contact or intercourse with a person who is under your direct supervision or care, including sexual contact between a parole agent or prison officer having sex with a parolee/inmate and caregivers such as a doctor or nurse having sex with a patient
Sexual contact with a child under the age of 16 that is not by threat of force or violence and does not result in injury.

2nd-degree sexual assault is a Class C Felony. You may face up to 40 years in prison and/or up to $100,000 in fines if convicted.

3rd-degree sexual assault includes the following:

Non-consensual intercourse
Non-consensual sexual contact, including ejaculation, urination, or defecation on someone OR intentionally causing the complainant to ejaculate, urinate, or defecate on the defendant without consent

3rd-degree sexual assault is a Class G Felony. You may face up to 10 years in prison and up to $25,000 in fines if convicted.

Felony Sex Crimes Involving Children

There are three degrees of sexual assault of a child in Wisconsin. Each is a felony.

1st-degree sexual assault of a child includes the following:

Sexual contact or intercourse with a child under the age of 13 that causes great bodily harm to the child. This is a Class A Felony and carries a 25-year minimum prison sentence.
Sexual contact or intercourse with a child under the age of 12. This is a Class B Felony and carries a 25-year minimum prison sentence.
Sexual intercourse with a child under the age of 16 by use of threat of force or violence. This is a Class B Felony and carries a 25-year minimum prison sentence.

2nd-degree sexual assault of a child includes sexual contact or intercourse with a child under 16. This is a Class C felony. You may face up to 40 years in prison and/or up to $100,000 in fines if convicted.

Failure to Act is a charge that may be pressed if a person responsible for the welfare of a child under 16 knows that another person intends to have or has had sexual contact with the child and does not take action to prevent the sexual contact. This is a Class F Felony. If convicted, you may face up to up to 12 years and six months in prison and up to $25,000 in fines.

Sexual exploitation of a child includes the following:

Employment, use, persuasion, or coercion of a child to engage in sexually explicit conduct for the purpose of recording or displaying the conduct.
They are profiting from, promoting, or distributing a recording of a child engaged in sexually explicit conduct if the defendant is aware that the child is not yet 18.
A person responsible for the welfare of a child permits a child to engage in sexually explicit conduct.

This can be charged as a Class C Felony (up to 40 years in prison and/or up to $100,000 in fines) or a Class F Felony (up to 12 years and six months in prison and/or up to $25,000 in fines) depending on the circumstances.

Put an Experienced Criminal Defense Attorney on Your Side

If you face sex crime charges, you should seek skilled legal counsel from a law firm experienced in these kinds of cases. The experts at Cohen Law Offices can review your case in detail, help you understand your legal options, and help you defend yourself against these life-altering charges. Contact us for a consultation.

If you face a Wisconsin sex crime, contact an experienced sex crime attorney immediately to help you avoid the stigmatizing consequences of a sex crime conviction.

Michael R. Cohen Recognized as Local Legal Leader by VolumeOne

mike@cohenlawofficesec.com (Michael Cohen) — Fri, 13 Jan 2023 23:12:58 GMT

Regarding criminal defense attorneys in the valley, no one is more notable than our firm's namesake Michael R. Cohen. As covered in this feature, he was born to be a defense attorney. Michael says, "I never wanted to do anything other than criminal defense law. I don't do anything other than criminal defense work."

He has been defending the accused in northwest Wisconsin for more than 30 years and continues to defend those in the crosshairs of government power.

"My personal philosophy about why I do what I do stems from the idea that the law is meant to mean something, and that the power of the government needs to be checked before they put people in cages."

Read the full article

Wisconsin Expungement FAQs

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 03 Jan 2023 21:37:07 GMT

Many people residing in Wisconsin have criminal records that they want to ultimately seal or expunge so the records do not cause problems when the same people are applying for jobs, government benefits, or certain other items. Any person who needs assistance clearing their name following an arrest for a criminal offense will want to be working with an attorney experienced in expungement cases.

Many people are confused about the effects of expungement and how the process will affect them, so this page is designed to answer many of the most commonly asked questions about expungement in Wisconsin. It is important to begin by noting that an expungement will seal a court record file, but it does not restore the rights that people lose because of felony convictions.

Who is Eligible for Expungement?

Expungement is available only for certain types of convictions and juvenile adjudications, usually relating to three situations. An applicant must:

1. have been a victim of human trafficking who committed a commercial sex act,

2. received adjudication as a juvenile delinquent and reached 17 years of age,

3. or was convicted of a criminal offense after July 1, 2009, the conviction was for a misdemeanor or nonviolent felony, they were under 25 years of age at sentencing, and they successfully completed their sentence.

When Can a Person Apply for Expungement?

In Wisconsin, a person must ask for expungement when they are sentenced. Any conviction record ordered to be expunged cannot be removed from the Wisconsin criminal history repository because the conviction disqualifies that arrest for removal. If a person is sentenced for a crime and does not request expungement, they cannot ask for it later.

Will Nobody See A Record After It Is Expunged?

Not necessarily. An expunged criminal record does not completely disappear from all legal departments, as the Wisconsin Department of Justice Crime Information Bureau (CIB) will retain a record of all misdemeanor and felony arrests and convictions in the state. An employer who runs their background check through the CIB will thus still be able to see expunged records.

Can I Expunge My Record of an Arrest When There Were No Criminal Charges?

Expungement only applies to convictions. When a person is arrested and found to be not

guilty, charges are dismissed, or no charges are filed, they can qualify for removal of the arrest information on their record.

Call Cohen Law Offices Today

Are you hoping to expunge your criminal record in Wisconsin following a recent arrest? You need to understand that expungement is never automatic, and you will want to retain legal counsel for help getting the most favorable outcome by working with Cohen Law Offices.

Our firm has decades of experience handling all kinds of expungement matters in Wisconsin criminal cases, so we know the most effective ways to help people get judges sign off on expungements to help clear criminal records. Call (715) 514-5051 or contact us online to schedule a free consultation.

Charged With OWI? There Will Be Paperwork.

websitebuilder@thryv.com — Tue, 03 Jan 2023 15:25:05 GMT

Charged With OWI? There Will Be Paperwork.

“Paperwork wouldn’t be so bad if it weren’t for all the paper. And the work.” – Darynda Jones

“The sweetest joy, the wildest woe is love. What the world really needs is more love and less paperwork.” – Pearl Bailey

“It isn’t necessary to imagine the world ending in fire or ice. There are two other possibilities: one is paperwork, and the other is nostalgia.” – Frank Zappa

We’re willing to wager that, if you’re like most people, you despise paperwork. The redundant questions, the complicated wording, and the fine print are enough to drive anyone up the wall. Unfortunately, if you have been accused of operating while intoxicated (OWI) in Wisconsin, timely completion of paperwork is a crucial step in protecting your legal rights.

It is crucial to hire a criminal defense attorney who is familiar with the ins and outs of the criminal justice system and the administrative processes surrounding your driver’s license. At Cohen Law Offices, we can guide you every step of the way and take proactive steps to protect your legal rights and your driving privileges.

Examples of OWI-Related Paperwork

OWI charges can create an avalanche of administrative paperwork. The first such paperwork comes due to the need to demand an “administrative suspension hearing” or “refusal hearing” (the type of hearing depends on whether or not you submitted to or refused blood or breath tests). You cannot afford to wait until your court hearing, as your potential driver’s license suspension is not part of your criminal case; it is part of a separate administrative process.

Other examples of OWI-related paperwork include a Notice of Intent to Suspend and a Notice of Intent to Revoke. These are exactly as they sound; you must respond promptly and appropriately, meeting the necessary terms to avoid having your driver’s license suspended or revoked. Your attorney can walk you through the paperwork and ensure you take necessary action to protect your interests, including the pursuit of an occupational license in the event your license is suspended.

When you choose Cohen Law Offices to handle your OWI defense, you can leave the paperwork to our experienced attorneys. Call 715-643-8778 or contact us online to get started.

Questions and Answers About Wisconsin Retail Theft

websitebuilder@thryv.com — Thu, 22 Dec 2022 17:41:03 GMT

Despite the popularity of online shopping, many consumers continue to frequent brick-and-mortar retail chains or individually-owned stores. Unfortunately, these busy sites can prove vulnerable to retail theft, also referred to as shoplifting. Individuals accused of this crime in Wisconsin may receive both criminal and civil penalties.

If someone has charged you with retail theft, you need to learn about the various activities that merit such a charge, the potential consequences if a court finds you guilty, and what kinds of legal defenses might come to your rescue. Take a moment to acquaint yourself with the following questions and answers on the subject.

How Does Wisconsin Law Define Retail Theft?

Section 943.50 of the Wisconsin Legislative Code lays out the state's definition of retail theft. Actions that meet this definition include concealing, transferring, carrying away, or retaining possession of merchandise without paying for it. Altering an object's price tag or retail value also counts as retail theft.

Retail items and facilities regularly use anti-theft devices to protect their stock against shoplifters. If you remove an anti-theft device from a retail item without first purchasing that item, you may face retail theft charges. A related violation involves using a shielding device to prevent an anti-theft device from going off.

You might assume that retail theft requires the successful removal of a stolen item from a store. However, as you can see from some of the examples listed above, the authorities can charge you with retail theft even if you haven't actually absconded with the item in question.

What Penalties Can Retail Thieves Face?

Retail theft may count as either a misdemeanor or a felony depending on the goods' value. For instance, if the items involved total less than $500 in value , the court may charge you with a Class A misdemeanor. A total value of up to $5,000 counts as a Class I felony, while higher values may count as a Class H or G felony.

According to Wisconsin statutes , a Class A misdemeanor can mean nine months' imprisonment and/or a $10,000 fine. A Class I felony may carry penalties of $10,000 and/or 3.5 years in prison. The potential prison term rises to six years for a Class H felony, while a Class G felony can lead to a $25,000 fine and/or 10 years imprisonment.

As if the looming prospect of imprisonment and substantial criminal fines didn't provide a sufficient deterrent, Wisconsin law gives merchants allegedly victimized by retail theft the right to sue the accused person for damages. These damages may include the retail value of the items, attorney's fees, and punitive damages.

You might receive a civil demand letter from the merchant as a prelude to the filing of a civil lawsuit. This letter typically demands that you pay a certain amount of compensation as an alternative to going to court. You may even get such a letter demanding a smaller amount if your minor child stands accused of retail theft.

How Do Attorneys Defend Against Retail Theft Charges?

Your attorney may find it challenging to defend you against a retail theft charge if the prosecution has access to store video or other hard evidence of such activity. However, in many cases, such evidence proves incomplete or nonexistent. Even if it does seem to indicate guilt, your attorney may manage to present a successful defense.

The question of intent plays a crucial role in determining innocence or guilt in retail theft cases. People can and do hold, conceal, or carry out store items through sheer absentmindedness. Since the prosecution holds the burden of proof that you acted intentionally, your attorney may show that they failed to prove this key point.

Clothing stores that provide changing rooms offer many opportunities for innocent mistakes. For instance, you might try on a T-shirt, then forget to remove it before putting your own shirt back on over it. In such a case, you had no intent either to conceal or to walk out with the merchandise, even if you made both errors.

Retail theft cases that don't involve video evidence may rely heavily on the testimony of eyewitnesses. However, eyewitnesses can confuse one shopper with another or even have a personal grudge against the accused shopper. A skilled attorney may find ways to reveal inconsistencies or prejudices during cross-examination.

While this strategy may completely discredit the eyewitness, enough credibility may remain to make the case's outcome uncertain. Even so, the prosecuting attorney may feel sufficiently unsure about the verdict to discuss a plea bargain with your legal team, potentially leading to a reduced charge or penalty.

If you face retail theft charges, you should seek skilled legal counsel from a law firm experienced in these kinds of cases. The experts at Cohen Law Offices can review your case in detail, help you understand your legal options, and help you defend yourself against the charges as effectively as possible. Contact us for a consultation.

Can Sending Nudes Lead to Sex Crime Charges?

websitebuilder@thryv.com — Thu, 22 Dec 2022 17:13:53 GMT

When you are charged with a sex crime, it is important to be aware that all of your actions on the internet can be seen by law enforcement. Every Google search, every picture you comment on, and every post you share can be used by the prosecution to attempt to demonstrate guilt.

While “sexting” is a risk regardless of how old you are, Wisconsin laws dictate that sharing nude or sexually suggestive pictures of a minor are felony offenses. This means that you could be convicted of child pornography, sexual exploitation of a child, and/or causing harm to a child even if you are the subject of the picture you sent.

The experienced criminal defense attorneys at Cohen Law Offices are committed to empowering you with information about what is and is not acceptable to share online. If you have been charged with crimes related to creating, sending, or viewing sexually explicit pictures of a minor, please call Cohen Law Offices today at (715) 643-8778 or contact us online.

Sending and Receiving Sexually Explicit Pictures - Potential Penalties for Minors

“Sexting” refers to sexually explicit images sent via digital mediums such as text messages, social media posts, and emails. In Wisconsin, sexting laws are exceptionally unforgiving. While some states may prosecute sexting between two minors less severely than between a minor and an adult, this is not true in Wisconsin. In Wisconsin, you can be charged and convicted of child pornography even if you are a minor. An experienced sexual assault attorney can help you navigate these sensitive charges and ensure that your rights are protected throughout the legal process.

Because Wisconsin’s child pornography laws dictate that it is illegal to possess or view a visual depiction of a child engaged in sexual conduct, sexting between two or more minors may lead to child pornography charges for all parties involved. Penalties for minors are variable as juvenile court judges have greater discretion than their adult criminal justice system counterparts. If convicted, you may face up to $10,000 in fines and up to 3.5 years in custody. With that being said, the variable nature of sentencing in juvenile courts means that your charges may be reduced or even dismissed with the help of a skilled attorney.

Potential Penalties for Adults

Legal consequences for adults convicted of these charges are more severe. Possession or viewing of child pornography is a serious offense that can lead to a fine of up to $100,000, up to 20 years in prison, and sex offender registration. Repeat offenders may face increased penalties. In addition, if you send a sexually explicit image to a minor between the ages of 13 and 18, you may face a fine of up to $10,000 and up to 6 years in prison. If the minor is under the age of 13, you could face fines of up to $25,000 and up to 12.5 years in prison. Additionally, depending on the facts of a case, and the charge, there may be a mandatory minimum prison sentence as a penalty.

Contact an Experienced Criminal Defense Lawyer Today

If you are currently pending any of the above charges, do not wait to contact an experienced sexual-assault attorney. For a free case evaluation and consultation with a skilled criminal defense lawyer, please call Cohen Law Offices today at (715) 317-5207 or contact us online.

How to Avoid an OWI this Holiday Season - and What to Do if You are Arrested

mike@cohenlawofficesec.com (Michael Cohen) — Mon, 19 Dec 2022 18:57:17 GMT

With the holidays nearly here, many of us are gearing up for a few weeks of family, friends, holiday parties - and perhaps more alcohol than usual. For many, drinking is a natural part of the holiday season, whether it’s a glass of wine at the office party after work or a mug of eggnog with the family.

The reality is that all of this booze makes it more likely for many of us to get behind the wheel when we shouldn't - and increases our risk of being arrested and charged with operating while intoxicated (OWI). Here are some of the ways that you can avoid getting an OWI this holiday season.

Don't Drink When You Might Drive

While it may seem obvious, the most effective way to eliminate your risk of getting an OWI is simply not to drink if you have your car with you. While you may have the best intentions, the fact is that alcohol clouds our judgment, and driving may not seem like that big of a deal after a couple of cocktails.

Use a Rideshare Service

Rideshare services like Uber and Lyft have made it easier than ever to get from place to place. If you are planning on drinking, take a rideshare to and from the place you are going. It’s well worth the extra few dollars you may spend when you consider that a first-time OWI can cost you several thousand.

Have a Designated Driver

If you are going to an event where you will be drinking with a group, designate a driver who will stay sober. In the event that your driver does end up drinking, call a cab or a rideshare to get all of you home legally and safely.

What to Do if You Do Get Arrested for OWI?

Sometimes, people make mistakes. If you are arrested for OWI this holiday season, the first thing you should do is contact an experienced attorney at Cohen Law Offices. In many instances, there are defenses available that may allow you to avoid a conviction or at least mitigate the consequences you are facing. The last thing you should ever do is simply plead guilty to an OWI charge without exploring your legal options. Doing so may result in significant short and long-term consequences that can affect nearly every aspect of your life.

Some of the defenses that may be available in your case include the following:

● Challenging the reason for the initial stop

● Arguing that any testing the officer conducted was flawed

● Introducing evidence that the signs of intoxication the officer observed were actually caused by a medical condition

The best way to determine if any of these or other defenses apply is to meet with a lawyer as soon as possible.

Call Cohen Law Offices Today to Protect Your Rights

If you have been arrested for OWI in the Eau Claire area, you should speak to an attorney as soon as you can. At Cohen Law Offices, we know how to protect the rights of the accused and will work tirelessly to resolve your matter as favorably as possible. To schedule a free case evaluation, call our office today at 715-514-5051 or contact us online .

Mistakes Can be Made When Performing Field Sobriety Tests.

mike@cohenlawofficesec.com (Michael Cohen) — Mon, 12 Dec 2022 16:56:19 GMT

A police officer can pull your vehicle over for minor traffic violations, like speeding or weaving in and out of a traffic lane. If the officer believes you’re operating your vehicle while under the influence of alcohol, they might ask you to complete one or more field sobriety tests. However, you may have valid reasons to avoid taking these tests.

If you currently have pending criminal OWI charges, it is essential that you have experienced legal representation in your corner right away. At Cohen Law Offices, we can review the circumstances of your criminal OWI charge and arrest with you and determine if you’re eligible to raise a legal defense to your charge in court.

To find out more about how we could help defend you against your pending criminal OWI charge, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

What are Field Sobriety Tests?

The purpose of a field sobriety test is to determine if law enforcement believes they have probable cause to arrest a person for an OWI. The three standardized field sobriety tests developed by the National Highway Traffic Safety Administration (NHTSA) include the following:

· Horizontal Gaze Nystagmus Test

· Walk and Turn Test

· One Leg Stand Test

When a police officer suspects that an individual has been drinking and driving, they may request that the driver perform one or more of these tests near the side of the road or a short distance away from the traffic stop. In order to be accurate, these tests need to be performed in a certain way, and police officers often make mistakes when administering them. If they made mistakes in your case, it may be an issue that can help in your defense.

What Role Does the Police Officer Play?

If a police officer stops you and asks you to perform a field sobriety test, they will administer the test to you and then determine if there is probable cause to arrest. However, when additional police officers review your test via video, they might reach a different conclusion. This may lead to an issue at trial where you may have an expert testify to the poor administration of the field sobriety tests by the arresting officer. Moreover, the police officer who actually initiated your traffic stop and administered the test to you may write an inaccurate report, which may provide opportunities to defend your case.

Possible Legal Defenses to Poor Field Sobriety Test Results

Some drivers suffer from physical conditions and disabilities that prevent them from completing a field sobriety test accurately – even if sober. For example, a driver may have feet issues or balance problems, preventing them from performing the Walk and Turn Test accurately. Similarly, an eye illness may cause an inaccurate result on the Horizontal Gaze Nystagmus Test. Finally, weather conditions, lighting, and other environmental factors may affect a driver’s field sobriety test performance. In addition, any mistakes that officers make when performing the tests may result in options for defending your case.

Call Cohen Law Offices Today

If you have been arrested for drunk driving, it’s imperative that you contact an experienced Eau Claire criminal defense lawyer today. For a free case evaluation and consultation with a knowledgeable criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online to learn more.

How to Defend Yourself Against False Accusations

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 06 Dec 2022 14:53:15 GMT

False accusations made by someone else can significantly impact every facet of a person’s life. These types of accusations are especially common in child custody and divorce proceedings – especially where one spouse harbors a grudge against the other or wishes to obtain sole custody of the minor children.

False accusation charges may also involve workplace sexual harassment, assault, or domestic violence charges.

In some instances, individuals are unsure about how to defend themselves when false accusations are lodged against them. At Cohen Law Offices, we can determine all of your legal options and defend you against false accusations. We can also help you clear your name and work to lessen the impact the accusations have on your overall life and well-being.

To find out more about how we could help defend you against your pending criminal charge, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Steps to Take When a Person Makes False Accusations Against You

If a person makes false accusations against you, the first thing you should do is stay calm. Individuals naturally want to try and defend themselves by fighting back. However, acting rashly will not make your problems go away and could even hurt your case.

As soon as possible after you discover the accusations, you should retain an experienced criminal defense lawyer to assist you. In addition to advising you about your legal options, a lawyer can provide you with the best opportunity to effectively clear your name and navigate through the criminal process.

Moreover, your lawyer could help you gather evidence against the individual who lodged the false accusations against you. Your lawyer could use this evidence in the courtroom to show that you are innocent of the accusations. It is also a good idea to keep a journal of everything that occurred and keep records of all phone calls, text messages, and emails from your accuser.

In addition, you may be able to challenge the credibility of the individual who made the accusations. In many instances, false accusations arise in divorce and child custody proceedings because the accusing spouse has a motive – including obtaining sole custody of the minor children. You may also be able to expose a spouse’s history of lies or other facts that might make the accuser appear questionable or unreliable in the eyes of a judge or jury.

Next, you may be able to find your own witnesses who observed your interactions with the accuser. At a criminal court trial, these witnesses could testify on the witness stand in support of your version of events.

A lawyer could also help you develop a defense strategy and assert the proper defenses on your behalf in court. This is especially true if you are facing sexual assault accusations.

Finally, in some instances, you may be able to turn the charges around if you can demonstrate that the accuser filed a false police report or made false statements to a police officer. You could also recover compensation for false accusations that someone made against you.

Talk to a Knowledgeable Criminal Defense Attorney Today

If a spouse, co-worker, or some other individual made false accusations against you, it is important that you seek legal help right away. A lawyer can help you make informed decisions in your case, represent you at all in-court proceedings, and zealously advocate for your legal interests at all times.

For a free case evaluation and consultation with a knowledgeable criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online to find out more.

How to Find the Right DUI/OWI/DWI Attorney for Your Case

mike@cohenlawofficesec.com (Michael Cohen) — Mon, 28 Nov 2022 21:19:27 GMT

If you are arrested for a drunk or drugged driving offense, you may experience a wide range of emotions. You may be facing possible incarceration as well as the loss of your license. It is important that before you hire any attorney to address your case, you ask the right questions that can help you find the best attorney to help you with your case.

Ask About Common Issues with the Type of Chemical Test Associated with Your Case

Before you hire an attorney, it is important that your attorney be familiar with common issues that could arise with the type of test that the arresting agency requested. What are potential contaminations that could impact your test results? Are there potential errors that could change the test number for your case? The test result is an important piece of evidence against you. It is important that your attorney know what issues could be present with your test result and talk to you about how to defend against that evidence.

Ask What Records the Attorney Requests and Reviews for a Case Like Yours

It is important that your attorney requests the right records for your case. If there was a chemical test completed of your blood or breath, there should be maintenance records for the machine that performed the test. It is important that your attorney request and review the records for potential issues related to the machine.

You can ask your attorney what kind of machine the State uses to test a sample of your blood. If you submitted a chemical breath test, you can ask the potential attorney what kind of machine is typically used by the State to analyze a sample of your breath. You can also ask what kind of maintenance records the State retains, and if the attorney routinely requests those records.

It is also important that if you are facing a potential drugged driving case that your attorney know the potential issues surrounding those cases. An alcohol case does not have the same issues as a case related to a restricted controlled substance or a prescription medication case. The specific facts of your case creates a unique set of circumstances that the right attorney will be able to assist you.

Ask About Potential Issues with Your Charges

If you are facing a potential drunk or drugged driving case an experienced attorney may be able to identify potential issues related to the charges you are facing. For example, if you refused a chemical test of your blood or breath, there may be additional issues that your attorney will need to address for you. If there are time sensitive issues that must be addressed in your case, it is important that you ask if there are any anticipated time sensitive issues by an attorney. It is also important to ask if the attorney can identify items that they would like to investigate more, and what information they would need to review if you retained them. The right attorney will be able to address these questions for you.

Helpful Questions to Ask When Hiring an Attorney for a Drunk Driving Case:

What type of machine does the State use to test my sample?

What are some potential issues with that machine?

How would potential issues with the machine impact my case?

What do you look for in defending against the test result?

Have you attended any conferences that talk about issues with the machine used in my case?

Are you a member of any organizations that talk about issues with the machine used in my case?

Are there any issues you can see on the surface of my case?

If you are accused of a drunk driving offense, it is important that you find an attorney that is familiar with the machine used in your case, and can talk to you about all of the potential defenses in your case. By asking questions before you hire an attorney, you can find an attorney that will help ensure you receive the best possible defense.

Fruit of the Poisonous Tree

websitebuilder@thryv.com — Wed, 23 Nov 2022 16:44:13 GMT

What Is "Fruit of the Poisonous Tree"?

This post is far from the first time we have addressed issues such as search warrants, the gathering of evidence, and the admissibility of evidence on this blog, and it will almost certainly not be the last.

Evidentiary issues are crucial at all stages of a criminal case. The "fruit of the poisonous tree" doctrine can make or break some cases, turning a potential conviction into dismissed charges or an acquittal.

"Fruit of the poisonous tree" refers to any evidence obtained during an illegal police search. Courts can refuse to admit such evidence and any evidence that was legally obtained but derived from an illegal search.

How Does the Fruit Get Poisoned?

The evidence - or fruit - gets tainted due to law enforcement taking illegal action. Unless there is consent to enter, officers must have a search warrant to search someone's home. If officers conduct an unlawful search, the evidence they gather is not admissible in court. Furthermore, if something they encounter during the search starts them down a new investigatory path, evidence discovered along the way may also be considered the "fruit of the poisonous tree." Long story short, one failure to uphold their duties and obligations under the law can damage their entire criminal case.

Make Law Enforcement Jump Through the Hoops

The worst thing you can do is welcome investigators into your home. Instead, make them come back with a warrant. In the meantime, save
your talking for an experienced criminal defense attorney.

Suppose you are currently the subject of an investigation or facing criminal charges. In that case, the tenacious defense lawyers at Cohen Law Offices can ensure your defense is not damaged by the fruit of the
poisonous tree. Call (715) 382-9447 or contact us online to get started.

Getting Domestic Violence Charges Dropped in Wisconsin

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 15 Nov 2022 20:26:13 GMT

Individuals who sustain convictions on Wisconsin domestic violence charges often face lifelong consequences. In addition to paying high monetary fines and serving jail time, convicted offenders may not be allowed to contact their children or other loved ones. Moreover, they may experience numerous collateral consequences that affect every aspect of their life.

Fortunately, in some situations, individuals accused of domestic violence in Wisconsin may be subject to a case dismissal. One of the best ways to increase your chances of success is to retain a knowledgeable criminal defense attorney to represent you as early in your case as possible. The skilled lawyers at Cohen Law Offices can determine if you’re eligible to raise a legal defense to your charge in court. If so, we can represent you in all courtroom proceedings, advocate for your legal interests, and help you obtain the best possible result in your case.

To find out more about how we can defend you in your pending criminal case, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Potential Penalties for a Domestic Violence Conviction

For you to be subject to domestic violence penalties, the state prosecutor handling your case must establish every element beyond a reasonable doubt. In many instances, domestic violence charges are bundled with other crimes, including battery, domestic disorderly conduct, and assault. The potential penalties for a Wisconsin misdemeanor battery conviction include a maximum of nine months jail time, along with maximum monetary fines of $10,000 and a domestic violence fee of $100. If you used a weapon or threatened the alleged victim with a weapon, you can receive an additional six months of jail time, along with court-ordered community service or probation.

Steps to Take When Pursuing a Charge Dismissal

In certain situations, you can take steps to have your pending domestic violence charge dropped. First, you should speak with a lawyer who can examine potential evidence that the State may introduce against you at trial and speak with potential witnesses. Although the prosecutor may try and bully you into accepting a plea deal, you should first speak with a lawyer about whether or not potential legal defenses have a good chance of success at trial. Those defenses may include that you did not commit the alleged act, that you were somewhere else at the time of the alleged incident, or that you were acting in self-defense.

In addition to taking this initial step, you should not have any contact with the alleged victim – either via telephone, email, text message, or any other physical or electronic means. You should not even try to contact them through a friend.

It may also be wise to take proactive steps, such as attending domestic violence counseling sessions or anger management classes. In fact, attending these sessions may make you appear more responsible and cast your case in a more favorable light before the judge or jury. However, speak with your attorney before attending any of these sessions.

In addition, you should keep quiet at all times – especially when speaking with police officers. Trying to tell police officers your side of the story is not going to help you. In fact, the police can use just about anything you say against you in court. Instead, before answering any questions, you should immediately assert your right to the presence of counsel.

Contact an Experienced Criminal Defense Lawyer About Your Legal Matter Today

Domestic violence charges are some of the most serious charges that a person can face. To have the best opportunity for success, it is essential that you have experienced legal counsel on your side representing you throughout your criminal case. For a free case evaluation and consultation with a skilled criminal defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Are Magic Mushrooms Illegal?

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 09 Nov 2022 16:34:53 GMT

Magic mushrooms are a type of psychedelic drug in Wisconsin. Given the potential side effects, Wisconsin has strict laws when it comes to magic mushrooms, LSD, MDMA, and similar substances. If a police officer catches you possessing one of these drugs, you might be looking at hefty penalties, including high monetary fines.

The state prosecutor has the sole legal burden of proof in any criminal case. For you to incur penalties, the prosecutor must establish all of the legal elements beyond a reasonable doubt. The accused individual does not need to prove anything in their case or even testify at a bench or jury trial.

If you find yourself facing criminal charges for drug possession, it is important that you seek legal counsel right away. The experienced attorneys at Cohen Law Offices can defend you against your criminal drug charge and represent you at all court proceedings in your case.

Magic Mushrooms vs. Magic Mushroom Spores

Magic mushrooms are illegal in Wisconsin. The main chemical compound in these mushrooms is psilocybin — a Schedule I Substance under the state criminal statute. Some experts recommend that the state authorities reclassify psilocybin due to its relatively low risk and high therapeutic benefits. However, this re-classification has not happened to date.

Although possessing magic mushrooms is illegal, magic mushroom spores are legal because the spores do not contain the chemical compound psilocybin. However, it is against the law to grow mushrooms to maturity. Once they reach maturity, the mushrooms begin producing the illegal substance.

Potential Penalties for Magic Mushroom Possession

If a police officer catches you possessing a Schedule One Substance, you may be looking at serious penalties upon conviction. A sentencing judge can impose these penalties in court. Possessing a psychedelic mushroom can result in a maximum of one year in jail. Additionally, the judge may sentence you to pay a maximum monetary fine of $5,000.

In addition to the potential legal penalties associated with a criminal drug conviction, you may also incur various collateral consequences. For example, you might have trouble finding a place to live, getting into the educational institution of your choice, or finding a job because many landlords, educational institutions, and employers perform online criminal background checks on applicants. If they determine that you have a criminal drug conviction on your record, that might weigh negatively on their decision.

Speak With a Knowledgeable Criminal Defense Attorney About Your Pending Legal Matter Today

Criminal drug charges are extremely serious, and a conviction can subject you to high monetary fines and even jail time, depending upon your case circumstances. Our skilled legal team can represent you during every stage of your case and work to obtain the best possible result for you. For a free case evaluation and consultation with a skilled criminal defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Why Is It Especially Important for Students to Fight Drug Charges?

mike@cohenlawofficesec.com (Michael Cohen) — Fri, 04 Nov 2022 15:08:18 GMT

When students are caught possessing or distributing drugs, they may incur serious penalties upon conviction, including fines and even jail time. Moreover, with a criminal drug charge on their record, they may experience several collateral consequences that can impact them for the rest of their life.

If you are currently pending one or more criminal drug charges as a student, it’s essential that you have knowledgeable and experienced legal representation in your corner as soon as possible. Our experienced legal team can represent you at all of your court hearings and help you attain the best possible result in your case.

Types of Drug Charges and Potential Penalties Upon Conviction

Two of the most common drug charges that students sustain are drug possession and drug trafficking or distribution charges. A student can be charged with drug possession if they carry illegal drugs on their person or if the drugs are in their immediate reach area. If they possess drugs of a certain quantity, they can be charged with possession with intent to distribute (PWID). If they are caught selling drugs to someone else, they can face drug trafficking charges.

In addition to drug possession or distribution charges, a student may be charged with possessing drug paraphernalia, such as scales, pipes, and other equipment.

To incur criminal penalties for drug charges, the state prosecutor handling the case must prove their legal burden beyond a reasonable doubt. It is then left up to a sentencing judge to determine the penalty or penalties to impose. The penalties imposed upon conviction will depend upon the type of drug that the accused possessed, the quantity of the drug, and whether or not they distributed the drug to others, among other factors.

Collateral Consequences Associated with Drug Convictions

In addition to receiving potential penalties upon conviction, students charged with drug crimes often face serious collateral consequences. When a student gets caught with drugs, they can lose scholarship money from their college or university, as well as state or federal financial aid.

In addition, having a criminal drug charge on your record can make it difficult for you to find or keep a job after you graduate.

Potential Defenses to a Criminal Drug Charge

Fortunately, some students are eligible to raise various legal defenses against their criminal drug charges. If the judge or jury accepts the defense, your criminal case may be subject to a complete dismissal. Our knowledgeable legal team can determine if you’re eligible to raise a viable defense to your charge. Potential defenses to criminal drug charges include:

· An alibi or that you were somewhere else at the time of the alleged drug transaction

· Unlawful search and seizure, such as when police officers obtain drugs during an invalid or random traffic stop

· Unlawful questioning, such as when a police officer continues to ask questions after a suspect asserts their right to the presence of counsel

· Lack of possession, where the accused individual did not have actual control over the drugs

Speak with an Experienced Criminal Defense Lawyer Today

If you are currently pending one or more criminal drug charges, it is important that you consult with an attorney right away. At Cohen Law Offices, we can discuss all of your legal options with you and ensure that your rights remain protected while your criminal case is pending. We can also represent you in all court proceedings and raise a strong legal defense on your behalf. If you ultimately incur a drug conviction, we can represent you at your sentencing hearing and argue for the lowest possible penalty. We can also work to minimize any collateral consequences resulting from your drug conviction.

For a free case evaluation and consultation with a knowledgeable criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Questions and Answers About Resisting Arrest

mike@cohenlawofficesec.com (Michael Cohen) — Thu, 27 Oct 2022 16:17:11 GMT

Resisting arrest has an inaccurate reputation in the general public; many people assume it is just a “throwaway” or “add-on” charge that tags along with a more serious offense. This could not be further from the truth. Resisting arrest on its own can result in criminal penalties including fines and jail time in addition to the troubles that come with having a criminal record.

If you face charges of resisting arrest – on its own or along with additional criminal charges – you need to understand the gravity of your situation. Start by examining these questions and answers about resisting arrest .

What is Resisting Arrest?

No one wants to be placed under arrest, but there are specific actions that can result in charges of resisting arrest. Examples include someone putting up physical resistance to the arrest or making meaningful threats of putting up physical resistance.

Is Resisting Arrest a Misdemeanor or Felony?

Resisting arrest is a Class A misdemeanor, punishable by up to 9 months in jail and a fine of $10,000. Increased penalties exist for repeat offenders, such as a prison sentence of two years. If an officer is injured during the act of resisting arrest, it can result in felony charges that come with harsher penalties.

Is It My Word Against the Officer's?

The police report will play a crucial role but, like all criminal matters, your defense will come down to the evidence. A defense attorney from our firm will gather the available evidence and take action to build the strongest possible defense. We will make sure that your side of the story is heard and fight to ensure that only relevant and legally obtained evidence is entered into the record.

As you can see, resisting arrest is a serious offense that can result in harsh criminal penalties. It is important to have a criminal defense expert handling your defense and guiding you through the legal process. Fortunately, the experienced defense lawyers at Cohen Law Offices are prepared to build a formidable defense against the charges you face. Call 715-514-5051 today to contact our legal team for a consultation.

When Can the Police Search Your Home?

mike@cohenlawofficesec.com (Michael Cohen) — Thu, 27 Oct 2022 15:08:39 GMT

Under ordinary circumstances, police officers must have a warrant to search someone’s home. However, exceptions to this warrant requirement sometimes apply. When police officers engage in unlawful searches, and find evidence of a crime, an accused individual can file a motion to suppress any evidence obtained.

The attorneys at Cohen Law Offices can determine if you were subject to an unlawful search. If so, we can file the necessary motions and pursue a dismissal of your pending criminal charge. To find out more about how we can help defend you, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

The Necessity of a Search Warrant

In most circumstances, a warrant is necessary for police officers and other investigators to search someone’s home. To obtain a warrant, the police must have probable cause to believe that evidence of a crime will be found in the area searched. However, in certain circumstances, a search warrant is not required for a home search. Those circumstances include:

· The property owner provides informed consent for the search

· The police officer or investigator performs the search incident to arrest

· The police officer is in “hot pursuit” of a fleeing felon

· Unusual and time-sensitive exigent circumstances exist, and there is no time to obtain a formal search warrant

If a police officer has probable cause and one or more warrant exceptions apply, the officer can perform a limited search someone’s home without a warrant.

Potential Suppression of Evidence Obtained

When police officers search a home without the necessary probable cause, search warrant, or search warrant exception, they violate an individuals Fourth Amendment rights under the United States Constitution. This provision protects individuals against unlawful and invasive searches and seizures. If a police officer uncovers incriminating evidence during an unlawful home search, that evidence may be subject to suppression.

A criminal defense lawyer can file a Motion to Suppress certain evidence with the Court. If the Court grants the motion, a judge or jury cannot consider the evidence at trial. In some instances, the Motion to Suppress may prevent the state prosecutor from proving one or more legal elements of their case, resulting in a case dismissal.

Talk to a Knowledgeable Criminal Defense Lawyer Today About Your Legal Matter

If you are currently pending a criminal drug charge, it is essential that you retain legal counsel right away. In addition to protecting your legal rights while your case is pending, our legal team can determine if the police committed an unlawful search and, if so, can file the necessary motion with the court. We can also represent you in Court and zealously advocate on your behalf during a hearing or trial proceeding.

For a free case evaluation and consultation with an experienced criminal defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

4 Factors That Could Impact College Students With Criminal Charges

websitebuilder@thryv.com — Mon, 24 Oct 2022 17:44:15 GMT

College students go through many life changes. They are often on their own for the first time. They must try to make responsible decisions. Their brains are still not yet fully developed. Mistakes happen; unfortunately, those mistakes could lead to criminal charges against them.

Criminal charges should always be taken seriously and can severely impact a college student's life. Besides the crime and the punishment for the crime, college students will go through many changes in their everyday lives. A defense attorney can help minimize the impact and the future trajectory of a student's life.

1. College Options

When a student has been charged with crimes, a university will often up an investigation of its own. Even before a student goes through a full trial, a university may make some drastic decisions based on the charges and where they took place. While the university waits for trial results, a student could get placed on academic probation.

Eventually, a student could get kicked out of college altogether. This could have a big impact on a student's future. Along with a court defense, a lawyer could help defend a student to the school board. If a student wants to remain with the same college, then they could appeal and follow through to ensure a student remains at the school.

If a student wants to transfer schools, then a lawyer can make sure their record is not tarnished and all of the credits transfer properly from one school to the next.

2. Career Options

Criminal charges could not only impact a student's academic career but could impact job choices as well. Along with attending school, a student may have had a job on campus or near the college. If forced to leave the college, then a student would likely have to leave their job as well. A major change could impact their income and look bad on a resume.

A defense lawyer can fight to keep criminal charges off a permanent record. As a student tries to change their life around, they could get denied jobs due to background checks. A defense lawyer fights to have charges lessened or dropped can make a big difference in the way a person makes income.

The criminal charges could impact the majors and career paths a person was on as well. For example, if a student had goals of becoming a school teacher, then criminal charges could derail the whole plan and make it a challenge to get any type of job in the educational field.

3. Relocation & Living Situation

If a student lives on campus when they face criminal charges, they could find themselves kicked off campus and without a place to live. Even if a university ultimately decides to let a student stay, their conduct policies for dorm rooms may allow the university to kick them out.

A defense lawyer can look over dorm agreements signed at the beginning of a school year and determine the best course of action for a student. In some cases, a student may need to find an apartment or other living situation nearby. The process could end up costing extra money and impact the way a student lives on a day-to-day basis.

If a student goes to a new college, they may not get approved for dorm housing and would have to find a different location to stay. In some cases, a student may have to attend a community college where no dorms or living quarters are offered.

4. Scholarships & Financial Aid

If a student received scholarships for college, then criminal charges could impact their eligibility and approval for scholarships. Once a student goes through the criminal process, a defense lawyer can help them recover and restore any scholarship funds.

For example, if a lawyer gets criminal charges dropped or a student is found not guilty, they could help appeal to different scholarship boards to reinstate the aid. As a student goes through a criminal case, they will have a lot of lost time based on the case proceedings. A student may also lose financial aid in the process.

A defense lawyer understands a student's reputation is on the line. With proper navigation through the court system, a lawyer can help a student move on from the incident and ensure they have the proper funds and resources set in place to get them through the journey.

If you have a student in your life who faces criminal charges, then contact us at Cohen Law Offices, LLC . Every decision matters in these sensitive cases, and you want to ensure your college student has the most protection and legal advice to ensure a poor decision does not ruin their future. Our lawyers have experience in all areas of criminal law and will help you find the best outcome for the student in your life.

What Is the Statute of Limitations on Sexual Assault?

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 19 Oct 2022 13:59:13 GMT

The statute of limitations in a criminal case is the deadline by which an alleged victim must press charges. The statute of limitations on sexual assault cases depends upon the degree of assault that the accused faces.

Sexual assault charges are some of the most serious charges that a criminal defendant can face. In addition to incurring significant legal penalties upon conviction, the accused offender may also experience numerous collateral consequences that prevent them from getting a job, going to school, or finding a decent place to live. A court might also prohibit them from seeing their children.

If you are currently pending criminal sexual assault charges, the experienced attorneys at Cohen Law Offices are here to help. We can zealously defend you against your pending charge and help you obtain the best possible result in your case.

Degrees of Sexual Assault

Sexual assault typically involves sexual intercourse or contact between individuals that is non-consensual. Wisconsin classifies sexual assault in varying degrees based upon the seriousness of the contact. The first degree is the most serious form of sexual assault, while the fourth degree is the least serious — and incurs the least penalties upon conviction.

The statute of limitations applicable to sexual assault cases depends upon the degree of sexual assault. In first-degree cases, there is no statute of limitations, meaning that the alleged victim does not have a deadline by which they must press charges against the accused individual.

For the less-serious second or third-degree sexual assault, the alleged victim must prosecute within ten years of the date on which the accused committed the offense. In the case of fourth-degree sexual assault, the alleged victim has three years to file charges against the accused.

Penalties for a Sexual Assault Conviction

To incur a penalty for criminal sexual assault, the state prosecutor handling your case will need to establish their legal burden of proof, meaning that they must establish all legal elements of the sexual assault charge beyond a reasonable doubt. Doing so can sometimes be a difficult burden for them to overcome, and if you can assert a strong legal defense, it might prevent the prosecutor from satisfying their burden.

If you are ultimately convicted on sexual assault charges, a sentencing judge will set the penalties in your case within the limits of the criminal statute. Potential penalties upon conviction may include jail time, high monetary fines, probation, and community service. Our skilled legal team can represent you at your sentencing hearing and work to lessen the legal and collateral consequences of your sexual assault conviction.

Speak to a Knowledgeable Sexual Assault Defense Attorney About Your Pending Case Today

At Cohen Law Offices, our skilled legal team can aggressively advocate for your interests while protecting your constitutional and legal rights. For a free case evaluation and consultation with a knowledgeable sexual assault defense lawyer, please call Cohen Law Offices today at (715) 382-9447 or contact us online for more information.

Questions and Answers About Resisting Arrest

mike@cohenlawofficesec.com (Michael Cohen) — Fri, 14 Oct 2022 18:03:43 GMT

What is Resisting Arrest?

Is Resisting Arrest a Misdemeanor or Felony?

Is It My Word Against the Officer's?

What Are Some Aggravating Factors in a Wisconsin OWI Case?

mike@cohenlawofficesec.com (Michael Cohen) — Thu, 13 Oct 2022 14:22:44 GMT

A person who is convicted of an OWI (Operating While Intoxicated) is subject to serious penalties – including high fines and jail time. However, if certain aggravating factors exist, a convicted offender may be subject to even stricter penalties.

If you’re currently facing an OWI charge, it is important that you not answer any police questions after the arrest as any questions about what you were doing before the arrest can be used against you. Instead, you should retain a knowledgeable OWI defense lawyer to represent you as soon as possible.

What Is a Criminal OWI?

A person can be charged with criminal OWI if they have had a prior OWI conviction within 10 years, if there is someone under the age of 16 in the vehicle, or if they have had two or more OWI lifetime convictions. Penalties can be enhanced if chemical analysis of their blood, breath, or urine reveals that they have a blood alcohol concentration (BAC) of 0.08 percent or more. Commercial vehicle operators, including tractor-trailer and big rig drivers – and minors who are under 21 years old – must follow stricter standards.

In cases where a driver has a BAC higher than 0.08 percent, certain aggravating factors may come into play.

What Are Some Potential Aggravating Factors in a OWI Case?

A person can be charged with aggravated OWI when they drive a vehicle in a way that’s even more dangerous than a standard OWI. Consequently, the potential penalties upon conviction for aggravated OWI are higher than for standard OWI. Some of the most common aggravating factors include having:

· A BAC of 0.15 percent or higher

· Multiple prior OWI convictions on your record

· A BAC of at least 0.08 percent and causing a motor vehicle crash that leaves others injured

· A child under 16 years of age present with you in your vehicle when your BAC exceeds the 0.08 percent legal limit

What Are the Potential Penalties for an Aggravated OWI?

For you to sustain aggravated OWI penalties, the state prosecutor must prove every legal element of the case beyond a reasonable doubt. Often, doing so is a high burden to overcome. However, if the prosecutor can satisfy their burden, a sentencing judge will be left to impose various penalties.

Potential penalties for an aggravated OWI charge include a longer driver’s license suspension, higher monetary fines, and lengthier jail times. In most cases, if you sustain an aggravated criminal OWI conviction, a judge will order you to install an ignition interlock device (IID) on your vehicle. In addition to paying installation and maintenance costs, you will need to blow into the device to operate your vehicle. If the device detects any amount of alcohol on your breath, your vehicle will not start.

In many instances, when an individual is convicted on an aggravated criminal OWI charge, judges double or triple the penalties they ordinarily impose. Therefore, it is essential that you have a knowledgeable attorney representing you at every stage of your case.

Call an Experienced OWI Attorney Today

The knowledgeable legal team at Cohen Law Offices can represent you during all hearings in your case and raise a strong legal defense to your OWI charge in court. If you ultimately incur a conviction, we can represent you before a sentencing judge in court. We can also argue for the least possible penalty in your case and work to lessen or eliminate the collateral consequences of your conviction. To find out more about how we can help defend you against your pending criminal OWI charge, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Your Medical Condition Might Be an OWI Defense

mike@cohenlawofficesec.com (Michael Cohen) — Thu, 06 Oct 2022 16:10:52 GMT

OWI means operating while intoxicated. A criminal OWI conviction can result in significant fines, jail time, probation, and other penalties. Given the potential legal penalties and collateral consequences upon conviction, it is important that you have a skilled criminal defense attorney advocating for you at every stage of your case.

The experienced lawyers at Cohen Law Offices can assist you from the beginning of your case until the very end – and pursue the best possible result on your behalf.

OWI Legal Standards

To obtain a conviction against you in a OWI case, the state prosecutor has to satisfy their legal burden beyond a reasonable doubt. In most instances, prosecutors establish this burden by introducing test results from a chemical test of a Defendant’s blood, breath, or urine and/or field sobriety test results. In most circumstances, a driver who has a blood alcohol concentration (BAC) of 0.08 percent or higher is legally intoxicated. Stricter standards apply to commercial vehicle drivers operating a commercial vehicle at the time of the operation, including truck drivers and minors who are under 21 years of age.

In some instances, a police officer may arrest an individual with a lower BAC if the driver’s mannerisms and speech establish their impairment.

Common OWI Defenses

Accused individuals can raise several legal defenses to a pending OWI charge. If the defense is successful, the entire OWI case might be subject to dismissal. Common OWI defenses include:

· GERD – GERD stands for Gastroesophageal Reflux Disease. If the accused experienced a GERD flare-up when a police officer arrested them for OWI, and alcohol was already present in their stomach due to their medical condition, that might impact the intoximeter test results.

· TBI – Some individuals suffer traumatic brain injuries – unrelated to alcohol intoxication – that produce slurred speech and other physical impairments. If they exhibit one of these side effects at the time of their arrest, they might raise that as a legal defense to their criminal OWI charge.

· Diabetes – Individuals who suffer from diabetes might experience the effects of Auto Brewery Syndrome. This condition occurs when a person’s body automatically turns starchy and sugary foods containing carbohydrates into alcohol. It is a rare medical condition that can make a person physically intoxicated without ingesting any type of alcohol.

Our experienced legal team can help you determine if you are eligible to raise any of these legal defenses to your pending OWI charge.

Call a Skilled OWI Defense Attorney About Your Pending Criminal Charge Today

In addition to high legal penalties, OWI convictions can lead to numerous collateral consequences. By raising a successful legal defense to your OWI charge, you may avoid a conviction altogether.

For a free case evaluation and consultation with a knowledgeable OWI defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Expungement of Arrest Records & Criminal History in Wisconsin

websitebuilder@thryv.com — Mon, 26 Sep 2022 16:21:28 GMT

Growing and moving on from your past mistakes can be a challenge if those mistakes constantly come back to haunt you. Even with rehab, therapy, and major life changes, your arrest record could have major implications as you seek a job, housing, and other public opportunities.

In the state of Wisconsin, you do not always need to carry the burden with you. You can find some legal paths to help you expunge your arrest records and eliminate them from the system. The process allows you to truly move forward and build a life beyond an arrest from the past.

Follow this guide to learn more about the expungement of arrest records and ways to move forward with the process.

Expungement Overview

Expungement is the complete elimination of your court records associated with a case and conviction. In Wisconsin, a granted expungement means your court records are effectively destroyed, both digitally and in print form. So if you need to complete a background check with the state for employment, then your expunged crimes will not appear on the list.

In some cases, an expungement decision will happen during your initial trial rather than after you served a sentence. A defense lawyer can help you file cases and get the process started as soon as possible.

Typically, in the state of Wisconsin, a lawyer will help file two forms. Forms CR-266 and CR-267 both apply to expunged records and allow a person to expunge their records. A lawyer will ensure the forms get filled out correctly to help avoid any delays or concerns.

Types of Crimes Associated With Expungement

Not just any type of crime can go through the expungement process. If you seek to use forms CR-266 and CR-267, the applicable crimes will typically include misdemeanors that do not include probation or any jail time. Essentially, the smaller crimes will include fines rather than a traditional jail sentence. As long as you pay your fines, you can easily seek expungement.

In other cases, expungement may occur for non-violent crimes that include six years or less in prison. The process becomes more complicated with jail time and should start before sentencing even takes place. A lawyer will know the process to go through so you do not miss your opportunity for expungement.

In the case of violent crimes, you do not have the opportunity to expunge those crimes from a record. Violent crimes may include assault, sexual assault, or crimes that involve minors as victims. A judge will quickly rule against the opportunity for expungement in those cases.

If you have any prior felony convictions, then you cannot seek expungement on your charges, no matter if new charges are misdemeanors or felonies. Someone with a previously clean record has the best chance at expungement.

Expungement & Case Information

When you have your case expunged, the process is not as simple as wiping it off the records. You will find many benefits from the elimination of the record from the Wisconsin Circuit Court Access e-files, but your arrest and conviction could appear in other places.

For example, you could find news articles related to your arrest or possible crime. Even with an expunged case, others could look up the news archives and see the information. In some situations, others could legally find records of your arrest through police reports. You could also find the case and conviction on an online database like the Wisconsin Department of Justice Crime Information Bureau Criminal History Database.

Despite the inclusion of the records, your case details may include notes that the case was expunged. A legal team can ensure the database stays up to date so the crimes do not get held against you

Juvenile Arrest Records

The Wisconsin legal system has policies in place to protect those who are young and make mistakes before their mind is fully developed. For example, if a juvenile has an arrest record, most of the records remained sealed for minors. Along with a seal, Wisconsin has laws and statutes in place to expunge records.

A lawyer can set up paperwork to ensure a juvenile's records become expunged when they turn 17. As the juvenile ventures into adulthood, they have the opportunity to start with a clean slate, obtain their first jobs, build an income, and grow into responsible adults.

Once past the juvenile age, citizens must be under the age of 25 to qualify for expungement according to Wisconsin laws. Young adults do not have to feel held back or limited in job searches or background checks. A lawyer will ensure the process goes through smoothly and that young adults can quickly join society without the burden of a criminal history.

For more information expungement of criminal records, contact us at Cohen Law Offices . Our criminal defense lawyers have years of experience in Wisconsin law and can answer any questions you may have.

Seven Defenses Used in Domestic Abuse Cases

mike@cohenlawofficesec.com (Michael Cohen) — Mon, 26 Sep 2022 15:49:15 GMT

Domestic abuse convictions can subject individuals to high monetary fines, jail time, and other serious penalties. However, to receive a criminal penalty for a domestic abuse charge, the prosecutor must first establish their legal burden of proof beyond a reasonable doubt. If the prosecutor cannot establish this burden, they cannot obtain a conviction against you – and a judge cannot impose criminal penalties in your case.

By raising a solid legal defense to your domestic abuse charge, you can avoid a conviction – and the resulting penalties – altogether. The skilled legal team at Cohen Law Offices can explore your eligibility for these defenses and aggressively advocate for you at your court hearing or trial.

What Is a Domestic Abuse Charge?

Domestic abuse charges can result from physical abuse or threats of abuse directed at individuals who reside in the same household. A conviction for a domestic violence offense can lead to hefty fines, jail time, and no-contact orders. Moreover, a convicted domestic violence offender might be precluded from having contact with their children.

Domestic Abuse Legal Defenses

The best way to avoid domestic abuse penalties is to avoid a conviction in the first place. Some of the most common defenses to domestic abuse charges include:

· Asserting an alibi, meaning that you were someplace else at the time of the incident – and that someone else committed the domestic abuse offense

· Alleging that your spouse or significant other had a motive to lie – such as when they are upset about a recent break-up or divorce proceeding – and are trying to retaliate

· Alleging that you did not have the specific intent to injure the alleged victim — and that the incident arose from accidental circumstances

· Alleging that the supposed violent act was actually an attempt at self-defense for yourself or your child

· Alleging that the state prosecutor is unable to establish their legal burden in the criminal case beyond a reasonable doubt – or a doubt based upon ordinary reason and common sense

· Alleging that the incident in question occurred because of the victim’s abuse of the children, temper, or medical condition

· Alleging that the arresting police officer committed an error, such as by continuing to question you after you already asserted your Fifth Amendment right to the presence of legal counsel

Contact a Knowledgeable Criminal Defense Lawyer About Your Legal Matter Today

If you are currently facing a domestic violence charge, you need skilled legal counsel on your side right away. Our experienced team of attorneys can represent you at all courtroom hearings in your case and can assert one or more of these defenses on your behalf in court.

For a free case evaluation and consultation with a knowledgeable criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

What Is a Plea Bargain, and Should I Take One?

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 20 Sep 2022 14:49:34 GMT

A plea bargain is a form of “settlement” in a criminal case. In some instances, the state prosecutor will offer the accused individual – or the “defendant” – a deal. While some defendants benefit from plea bargains, others may incur risk or suffer harm by accepting one.

The experienced attorneys at Cohen Law Offices can explain the pros and cons of accepting a plea deal in your particular case and help you decide what you should do. Whatever you decide, we will be by your side, advocating for you every step of the way, including negotiating with prosecutors, representing you at all courtroom hearings, and protecting your legal rights throughout your criminal case.

What Is a Plea Bargain?

Some prosecutors offer defendants plea bargains when they are not confident in their ability to obtain a conviction for the charged offense. At other times, a prosecutor might put a plea deal on the table when they want to avoid a trial.

As part of a plea deal, the defendant usually enters a guilty plea in exchange for a charge reduction by the prosecutor. For example, in exchange for pleading guilty, the prosecutor might reduce a DUI charge to a lesser offense, such as reckless driving. Alternatively, the prosecutor might offer a term of probation in exchange for a guilty plea. In that instance, if the defendant successfully completes all of their probation terms, the court will not enter a conviction in the case. Thereafter, the defendant can truthfully state that they do not have any criminal convictions on their record.

In cases where there is considerable evidence against the defendant, the defendant may be better off accepting a plea deal. That way, they avoid the uncertainty of a bench trial or jury trial. However, if the defendant has a solid legal defense to the criminal charge, they might be better off taking their case to trial and pursuing a not-guilty verdict.

What Rights Do I Waive by Accepting a Plea Deal?

By accepting a plea deal and entering a guilty plea, a defendant waives their right to a trial by jury. They also waive their right to an appeal.

Before a court accepts the plea deal, the defendant must state – on the record – that they are entering into the plea deal freely and voluntarily.

Contact a Knowledgeable Criminal Defense Lawyer About Your Legal Matter Today

When it comes to making a decision about a plea deal, our legal team is on your side. In some instances, we can negotiate with the state prosecutor on your behalf and work to obtain a better deal than what the prosecutor initially offers. We can also help you decide whether to accept or reject the final deal.

For a free case evaluation and consultation with a knowledgeable criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Should You Go to Substance Abuse Counseling Before Your Court Date?

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 14 Sep 2022 20:41:24 GMT

The issue of substance abuse frequently arises with various criminal charges, including OWI and domestic violence. If you are currently pending either of these charges, it is essential that you retain an experienced lawyer to represent you in your case as soon as possible. In addition, it is a good idea to attend substance-abuse counseling prior to your court date. The experienced attorneys at Cohen Law Offices can discuss that issue with you, in addition to your potential legal defenses, when meeting with you to discuss your case.

To learn more about how we can assist with defending you against your pending criminal charge, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

OWI

OWI stands for operating a vehicle while intoxicated. Alcohol intoxication can severely impact a driver’s ability to operate their vehicle safely. They might experience blurred vision, delayed reaction time, and an inability to concentrate. Consequently, a driver with a blood alcohol concentration (BAC) of 0.08 percent or more is legally intoxicated.

The state prosecutor handling your criminal case has the sole legal burden of proof. They must satisfy this legal burden beyond a reasonable doubt. If the prosecutor obtains a conviction against you, you might be looking at hefty fines, jail time, community service, and administrative penalties, including a driver’s license suspension or revocation. Moreover, a judge may order you to attend a drug and alcohol treatment program.

Before your case even goes to court, however, it is a good idea to attend substance-abuse counseling — before a judge requires you to do so. Taking this action shows that you are proactive, that you admit to having an alcohol problem, and that you are taking your criminal case seriously.

Domestic Violence

Domestic violence is not a separate criminal charge in Wisconsin. However, a criminal charge may include a domestic violence component if it involves two individuals who live together under the same roof. In many instances, domestic violence charges — including assault or battery — involve alcohol. For example, one of the spouses or partners might have been drinking prior to the incident. If consumption of alcohol had taken place, the accused individual is usually better off attending substance-abuse counseling before going to court on their charge. Again, the counseling shows a judge that the accused is taking their case seriously and obtaining treatment, even though a court has not yet required them to do so. This action can potentially lessen the court-imposed penalties if the accused is ultimately convicted on the charge.

Speak to a Knowledgeable Criminal Defense Lawyer About Your Pending Charge Today

If you are currently pending a criminal charge for an OWI or a domestic violence offense, it is important that you have skilled legal counsel on your side as soon as possible. After meeting with you to discuss your charge, we can determine if you are eligible to raise a legal defense to your charge — or whether you should consider accepting a plea deal, depending upon the circumstances. For a free case evaluation and consultation with a knowledgeable criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

What Happens If You Are Caught With Drugs Around a School?

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 07 Sep 2022 20:39:32 GMT

Criminal drug convictions can result in very serious penalties, ranging from hefty fines to jail time to court-imposed community service. Moreover, a conviction for drug possession or distribution can make it difficult for an offender to find a job, find a place to live, or go to the school of their choice. Therefore, the best way to avoid these consequences is to avoid a conviction in the first place. That is where the experienced criminal defense attorneys at Cohen Law Offices can help.

Our skilled legal team can meet with you to discuss the circumstances of your criminal charge and determine if you’re eligible to raise a legal defense when your case goes to trial. If you are, we can advance that defense on your behalf and work to obtain a complete dismissal of your charge. Alternatively, we can pursue a favorable plea deal from the state prosecutor who is handling your case.

To learn more about how we can assist with defending you against your pending charge, please call Cohen Law Offices today at (715) 514-5051 or contact us online for more information.

Types of Drug Possession

A person can be charged with and convicted of drug possession if they have illegal drugs, such as cocaine or heroin, directly on their person. They can also face drug possession charges if they have some form of control over the drug at issue.

In ordinary possession cases, an individual who is convicted can be looking at a maximum of six months in jail, as well as a maximum fine of $1,000, for a first-time offense. If they are convicted of drug possession a second or subsequent time, they can receive more serious penalties. Those penalties may include a maximum prison sentence of 3.5 years. Drug distribution and trafficking charges can incur even higher penalties if the accused individual sustains a conviction.

Enhancing Factors

Under certain circumstances, an individual who is convicted on a drug possession charge can receive even stiffer penalties. For example, if you are caught selling drugs within 1,000 feet of a school, the maximum incarceration term increases by five years — which is a significant amount. Moreover, a judge may require you to complete 100 community service hours, in addition to the jail time that you must serve.

Speak to an Experienced Criminal Defense Attorney About Your Pending Legal Matter Today

One of the most important steps you can take after an arrest is to speak with a knowledgeable criminal defense attorney about representing you in your case. Our legal team can explain your legal options, determine if you are eligible to raise a defense, and zealously advocate for your legal interests in court. If you ultimately sustain a conviction, we can represent you at your sentencing hearing and work to lessen the consequences.

For a free case evaluation and consultation with a knowledgeable criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online to learn more.

3 Examples of Defenses Against Child Sexual Assault Charges

websitebuilder@thryv.com — Fri, 02 Sep 2022 15:40:05 GMT

Merely the accusation of child sexual assault can be a life-altering event. A sex crimes conviction can effectively end your life as you know it. Therefore, it is not only crucial to seek the advice and representation of an attorney as soon as you are accused or find yourself under investigation. It is essential to make sure your defense attorney is prepared to explore every possible defense.

Don't face these charges alone. Call Cohen Law Offices today at (715) 333-3782 to find out how we can assist you.

Below we cover three possible defenses against child sexual assault charges such as first degree child sexual assault and second degree child sexual assault .

Your Intent Was Misconstrued

Sometimes an innocent phrase can be misconstrued as a sexual innuendo, or a harmless bump in a hallway can be misconstrued as sexual touching. Such social misunderstandings can result in lasting consequences for the accused. Therefore, it is crucial to build a defense based on the facts of what happened, rather than letting the jury base their decisions on what an alleged victim believes happened.

The Alleged Victim Is Being Manipulated

It is a sad fact of criminal law and family law that children are often used as pawns. Suppose you are in the middle of a divorce or bitter custody dispute. In that case, it may be possible for your attorney to demonstrate that your ex is coaching their child to make allegations against you to gain the upper hand in a family law matter.

It Wasn’t You

Cases of mistaken identity are not uncommon in child sexual assault cases. This is exacerbated in cases where months or even years have passed since the alleged molestation. Victims and defendants are not clear about the precise details, such as when an alleged incident took place. An experienced defense attorney will build a defense based on proving to the jury that the victim has mistaken you for another individual.

Contact Cohen Law Offices Today

For a free case evaluation and consultation with a knowledgeable sex crimes defense attorney, please call Cohen Law Offices at (715) 333-3782 or contact us online .

Should You Exercise Your Right to Remain Silent During an OWI Investigation?

mike@cohenlawofficesec.com (Michael Cohen) — Fri, 02 Sep 2022 14:47:46 GMT

If you are arrested on a criminal OWI charge or on any other serious criminal charge, you should assert your right to remain silent. If you do that, the police officer or investigator must cease their questioning. Otherwise, anything you say in response to the questioning may be subject to suppression. If you are currently pending a criminal OWI charge, the experienced attorneys at Cohen Law Offices are ready to help.

To learn more about how we can assist with defending you against your pending charge, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

What Is an OWI?

OWI stands for operating while intoxicated. If an individual has a blood alcohol concentration (BAC) of at least 0.08 percent for an OWI 1-3, they are per se intoxicated. For an OWI 4 or higher, the limit is .02.

For a person to be convicted of an OWI conviction, the prosecutor must establish their guilt beyond a reasonable doubt. If the prosecutor fails to establish even one legal element of the charge, the case might get dismissed. However, if the prosecutor obtains a conviction, potential penalties may include high fines and even jail time under certain circumstances, especially if the accused individual is a repeat OWI offender.

Your Fifth Amendment Rights

Pursuant to the Fifth Amendment to the United States Constitution, arrestees have a right to remain silent during police questioning. Moreover, they have a right to the presence of legal counsel during questioning, and if they request an attorney, the police officer or investigator must stop questioning them immediately. If the officer continues to question the accused, any responses can be suppressed and may not be used against the accused at trial. The right to an attorney does not attach until you are in custody or arrested.

You do not have the right to an attorney when you are asked if you will provide a chemical sample of your blood, breath or urine. In many instances, officers ask individuals questions like how much they had to drink, whether they had been drinking prior to driving, or how long ago they had their last drink. You should not answer any of the officer’s questions until an attorney is physically present with you, either in person or on the phone.

Call an Experienced Criminal Defense Attorney About Your Pending Criminal Charge Today

If you are currently pending an OWI charge, you need an experienced legal team representing you at every stage of your case. Our legal team has the skills and experience to advocate aggressively on your behalf when dealing with prosecutors and during a bench or jury trial. Our legal team can work to develop a strong legal defense to your OWI charge, especially if the arresting police officer continued to question you after you asserted your right to the presence of counsel. We can then help you obtain a complete dismissal of your OWI charge — or, if that is not possible, a favorable plea deal from the state prosecutor who is handling your case.

For a free case evaluation and consultation with a knowledgeable criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Defending Your Rights

websitebuilder@thryv.com — Fri, 26 Aug 2022 13:30:23 GMT

Decorated defense attorney Michael Cohen is dedicated to protecting his clients' freedom.

Questions & Answers About Criminal Evidence

websitebuilder@thryv.com — Mon, 22 Aug 2022 19:52:07 GMT

In today's judicial system, the law considers individuals accused of crimes innocent until proven guilty. The burden of proof lies with the prosecution, which uses evidence to make its case. However, defendants can also present evidence in their favor, which can potentially lead to a dismissal of the charges, a verdict of not guilty, or a reduced sentence.

If you must stand trial for a criminal offense, you need to understand some basic facts about what qualifies as evidence, the different types of evidence that may appear in your trial, and what factors can render evidence effective or ineffective. Start by examining these questions and answers about criminal evidence.

How Do Legal Professionals Categorize Evidence?

Legal professionals recognize several distinct categories of evidence. The primary categories include real evidence, demonstrative evidence, documentary evidence, and testimonial evidence.

Real evidence involves tangible items that a jury can see, touch, or otherwise acknowledge as actual. These items might include the alleged murder weapon, lock picking tools, illegal drugs, or the victim's personal possessions. It can also include laboratory-derived materials such as fingerprints, blood samples, and DNA evidence.

Demonstrative evidence and documentary evidence bear some similarities in that they both use data to build a case either for or against the defendant. Demonstrative evidence may involve the use of charts, graphs, or diagrams, while documentary evidence commonly features personal correspondence, journal entries, and contracts.

Testimonial evidence involves sworn courtroom testimony delivered in person by an individual with some knowledge of the case. Eyewitness testimony presents the accounts of those who saw or heard events associated with the crime. Expert testimony typically comes from doctors, lawyers, and other authorities.

Another distinction involves direct evidence versus circumstantial evidence. True to its name, direct evidence shows a direct link between the item of evidence and the crime, such as a video of you allegedly committing the crime. Circumstantial evidence merely suggests a possible connection between you and the crime.

Why Does Direct Evidence Beat Circumstantial Evidence?

Direct evidence usually carries far more weight than circumstantial evidence in most types and phases of criminal trials. In most such trials, the prosecutor must establish your guilt beyond a reasonable doubt. This standard means that a jury cannot reasonably assume anything other than the defendant's guilt.

Circumstantial evidence usually makes more of an impact in civil cases. Many civil cases require only that the prosecutor establish the defendant's guilt as more likely than not. However, it can still strengthen and support direct evidence in a criminal proceeding.

How Does Alibi Evidence Work?

Alibi evidence can help you demonstrate that you couldn't have had anything to do with the crime you stand accused of. A prime example of alibi evidence might include witnesses testifying that they saw you at a different location at the time of the offense.

If your defense hinges on alibi evidence, your attorney must disclose that fact to the prosecuting attorneys, who may then examine the strength or weakness of the alibi. An irrefutable alibi may lead to the dismissal of your case. By contrast, prosecutors may discredit a weak alibi in court, making that evidence worthless.

What Rules Apply to Evidence Preservation?

Investigative agencies, prosecutors, and the Attorney General all have a duty to preserve any evidence that might impact the result of a criminal case. Private organizations and individuals don't have the same duty unless they collect and process evidence at the request of these law enforcement professionals.

Crime scene images, material objects recovered at the scene of the crime, forensic lab results, audio or video recordings of witness statements, and recordings of 911 calls may all require preservation under the law. Law enforcement organizations must also preserve any alibi evidence that might support your defense.

If your attorney demonstrates that the prosecution or related agents lost or destroyed evidence, you might earn the right to suppress some of the prosecution's evidence or even gain a dismissal. However, you would have to show the evidence's material value, its potential support for your defense, or deliberate loss in bad faith.

When Might Evidence Prove Inadmissible?

Neither you nor the prosecutor can necessarily introduce any and all evidence in your criminal case. For one thing, the evidence's probative value must outweigh its prejudicial value. Probative value offers objective information, while prejudicial value involves the evidence's ability to shock, horrify, or infuriate a jury.

A photograph of a murdered individual can serve as a case in point. A judge might admit this evidence on the strength of its probative value if it illustrates valuable information such as the location of a mortal wound. However, if the sheer goriness of the wound overshadows this information, the judge might pronounce it inadmissible.

As you can see, the world of criminal evidence can prove a complex one to navigate without expert assistance. Fortunately, the experienced attorneys at Cohen Law Offices know how to gather, evaluate, and use criminal evidence to help you defend yourself against a criminal charge. Contact our legal team today for a consultation.

Two Situations in Which a Court May Suppress Evidence

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 17 Aug 2022 14:06:47 GMT

If you find yourself under arrest and awaiting trial on a criminal charge, it is essential that you retain skilled legal counsel to represent you in your case right away. In some instances, certain pieces of prosecution evidence are subject to suppression. If a court suppresses the evidence, your criminal charge may be dismissed.

The experienced attorneys at Cohen Law Offices can meet with you to discuss the circumstances surrounding your arrest, along with any potential defenses available to you in your case. We will work hard to help you attain the best possible result in your criminal matter.

To learn more about how we can assist with defending you against your pending charge, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Legal Burden of Proof

In any criminal case, the prosecutor has the legal burden of proof, meaning that you, as the defendant, do not need to prove anything in your case. The prosecutor, however, must establish their legal burden beyond a reasonable doubt or beyond a doubt that is based upon ordinary reason and common sense. If the prosecutor fails to prove even one element of your claim, the case might get dismissed.

One way that a defense lawyer can poke holes in the prosecution’s case is by moving to suppress certain evidence. In some instances, the evidence might have been obtained in violation of an accused’s constitutional rights, while at other times, a procedural defect may have occurred.

Suppressing the Prosecution’s Evidence in Your Criminal Case

In several instances, a judge can suppress various pieces of evidence in a criminal case. When that happens, the prosecutor might be unable to satisfy their legal burden, resulting in a complete dismissal of your charge. The most common instances when evidence is subject to suppression include:

· Fourth Amendment violations – Certain evidence in a criminal case may be subject to suppression if it violates a suspect’s Fourth Amendment rights. The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. If a police officer performs a search of a person without the necessary probable cause, or if evidence is obtained from a location without a search warrant — or a search warrant exception — the evidence that is recovered might be subject to suppression.

· Violating Miranda – According to Miranda v. Arizona, during an arrest, a suspect must be advised that they have the right to remain silent, that anything they say can be used against them in court, that they have a right to the presence of legal counsel during questioning, and that if they cannot afford a lawyer, one will be made available to them. If a criminal suspect asserts their right to the presence of counsel, yet a police officer or investigator insists on questioning them, anything that the accused says in response may be suppressed. The same holds true if the police officer did not Mirandize the suspect at all prior to questioning.

If any evidence in your case is subject to suppression, we will discuss the options you have regarding a Motion to Suppress.

Talk with a Knowledgeable Criminal Defense Attorney About Your Pending Case Today

If you are currently pending a criminal charge, our legal team is ready to assist you right away. For a free case evaluation and consultation with an experienced criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

What Are Some Defenses to Allegations of Date Rape?

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 09 Aug 2022 13:25:16 GMT

Criminal charges for date rape are some of the most serious charges that a person can face. If an individual is convicted, they can incur high monetary fines and jail time. They might also be deemed a sex offender and have to register for either 15 years or life.

If you are currently facing a criminal charge for date rape, it’s essential that you have a knowledgeable criminal defense lawyer representing you as soon as possible. The experienced attorneys at Cohen Law Offices can meet with you right away to discuss the circumstances of your arrest and develop a plan of action for moving forward and obtaining a favorable result for you.

Defining Date Rape

In a nutshell, date rape is forced, non-consensual sexual contact that happens between two individuals who knew each other previously. In some instances, the two individuals are in a dating relationship. Alternatively, they might have just met one another at a social function. Even in instances where two individuals were previously intimate with one another, date rape can still occur.

For a person to be convicted of date rape, the prosecution has to satisfy their legal burden. Specifically, they must demonstrate that there was sexual contact without consent or that one of the participants was not legally capable of providing the necessary legal consent.

Potential Legal Defenses to Your Criminal Charge

In response to a criminal charge for date rape, the accused person can raise one or more legal defenses. If the defense is successful, it can result in the charge being overturned and the entire criminal case being dismissed.

First, the accused individual may allege that the accuser had an ulterior motive. For example, if one of the spouses was caught cheating or if there was a fight between the two individuals, a date rape accusation can materialize.

Alternatively, the accuser’s story might have various holes and inconsistencies, which your lawyer can point out at trial. Finally, the date rape incident might be a case of mistaken identity. For example, the accused individual, through witness testimony, can establish that they were somewhere else at the time of the alleged incident.

Contact an Experienced Criminal Defense Attorney About Your Legal Matter Today

If you are currently facing criminal charges for date rape and have a court date, you should speak with an experienced defense lawyer as soon as possible. We can determine if you are eligible to assert a defense to your criminal charge and, if so, present that defense when you go to court for your hearing or trial. Our legal team will do everything possible for you to attain the best possible result in your case. For a free case evaluation and consultation with a criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Can I Refuse a Breath Test in Wisconsin?

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 03 Aug 2022 20:13:25 GMT

After attending a social event and drinking a moderate amount of alcohol, many people feel comfortable driving. But if a police officer pulls them over, they do not know if they are over the legal limit. A driver in Wisconsin is legally intoxicated if they have a blood alcohol concentration (BAC) of 0.08 percent or higher for 1 ^st , 2 ^nd , or 3 ^rd offense OWIs. If a person is charged with an OWI 4 or higher, the per se limit is .02 rather than .08.

If an officer believes you may be impaired, and can point to specific reasons why they believe that, you may be asked to take field sobriety tests. If you say no, you may be then asked to submit to a PBT. Under Wisconsin law, drivers can refuse to take a preliminary breath test or field sobriety test without their license being revoked because a PBT is a tool law enforcement can use to determine if they have probable cause to support the arrest. If you refuse to submit to a PBT, the officer can use that as a basis to arrest you. If the officer reads you the Informing the Accused form, you do not have the right to an attorney present with you. You have to make a decision after the form is read to you. If you say yes, a chemical sample of your blood, breath, or urine will be obtained. If you say no, you may face other consequences such as your license being revoked, subject to an IID in your vehicle, and have to complete the Intoxicated Driver Program to reinstate your license.

If you have been arrested in Wisconsin, it is important that you not answer questions additional questions about where you were or what you did without having an attorney present on your behalf. The experienced attorneys at Cohen Law Offices can be present with you – in person or via phone – during any police questioning to ensure that your legal rights remain protected. We can also represent you during all court proceedings that take place in your criminal DUI or OWI case.

To learn more about how we could assist with defending you against your pending charge, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

What is the Implied Consent Law?

Wisconsin's implied consent law is part of the small print on an individual's license to drive. The law states that by operating a motor vehicle on a Wisconsin roadway, you impliedly consent to chemical testing if a police officer pulls you over and requests it. For the police officer to request chemical testing, they must have probable cause that you may be operating a motor vehicle while impaired. In addition to potential penalties related to a conviction for refusing chemical testing, prosecutors could use your refusal in court to demonstrate that you are guilty of OWI — even if you never underwent chemical testing.

However, if you do take the chemical test and fail it, you could request an alternative test. This is usually in a driver’s best interest because an alternative test could obviously yield a more favorable result. If you complete the first requested test, the second test is free and may assist in your defense.

Avoid Incriminating Yourself Verbally

When a police officer stops you for suspected OWI or DUI, it is important that you not incriminate yourself verbally. Even though an officer might appear friendly or helpful, the police officer's job is to try and get you to admit to something that's incriminating. Moreover, if the police officer asks you if you had a recent drink or how much you had to drink, you should not answer the question. Likewise, if the officer asks if you know why you were pulled over, you should indicate that you do not. This is because the officer could have pulled you over for any number of reasons, such as erratic driving, speeding, or something else.

Call an Experienced Criminal Defense Lawyer about Your Pending Case Today

If you are facing a criminal charge for OWI or DUI, we may be able to help. For a free case evaluation and legal consultation with a knowledgeable criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

What are the Degrees of Child Sexual Assault in Wisconsin?

mike@cohenlawofficesec.com (Michael Cohen) — Fri, 29 Jul 2022 14:08:59 GMT

Criminal charges and penalties for a child sexual assault conviction in Wisconsin are some of the most serious that a person could face. Wisconsin recognizes 2 degrees of child sexual assault – both of which are felonies. If the accused sustains a conviction for either, they will have to register as an offender on the state registry. Any way you look at it, there’s a lot riding on the line if you are facing one of these charges.

The experienced attorneys at Cohen Law Offices understand the seriousness of a criminal sexual assault charge and what’s at stake. Our aggressive legal team will work hard to protect your legal rights while your criminal case is pending and will aggressively advocate for you at all hearings in your case.

To learn more about how we could assist with defending you against your pending criminal charge, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

First Degree Child Sexual Assault

First-degree child sexual assault is sometimes a Class A felony. A person can incur this charge if they have sexual contact or intercourse with a child who is under 13 years of age – and it causes the victim to experience severe bodily harm.

Under certain circumstances, first-degree child sexual assault can be a Class B felony, such as where:

· The accused has sexual intercourse with a child less than 12 years of age

· The accused has sexual intercourse or contact with a child under 13 years of age

· The accused has sexual contact with a child less than 16 years old via threat of violence or force, and the accused is over 18

· The accused has intercourse with a child under 16 years of age via force or violence

Second Degree Child Sexual Assault

An individual could incur a charge for second-degree child sexual assault – a Class C felony – if they have sexual intercourse or contact with a child who is under 16 years of age. In Wisconsin, marriage is no defense to a second-degree child sexual assault charge. Moreover, the accused individual may not contend that the alleged victim was deceased at the time of the alleged sexual intercourse or contact.

Contact Cohen Law Offices Today

Child sexual assault charges can have far-reaching legal and personal consequences. In addition to incurring fines, jail time, and other legal penalties upon conviction, you will also be required to register as a sex offender on the state registry. Therefore, if you are facing child sexual assault charges, it is imperative that you retain an experienced lawyer to represent you as soon as possible. We could help you raise a legal defense to your charge, and if you ultimately sustain a conviction, we can represent you at your sentencing hearing and argue for a fair penalty.

For a free case evaluation and consultation with a knowledgeable criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

FAQs About Domestic Violence and Wisconsin's Laws

websitebuilder@thryv.com — Mon, 25 Jul 2022 19:02:23 GMT

What do you need to know about domestic violence and Wisconsin laws? Domestic violence can affect people of any gender, age, or economic level. Whether you are the abused party or you were arrested for abuse, take a look at the top domestic violence questions answered.

What Is Domestic Violence in Wisconsin?

The general term domestic violence includes more than just slapping or punching. While physical abuse is a primary type of domestic violence, these behaviors may also include verbal intimidation, psychological violence, sexual abuse, or emotional abuse. The domestic abuser uses these behaviors to exercise control over the other person in the relationship.

In Wisconsin, domestic abuse may specifically include intentional infliction of either physical pain, injury, or illness, an intentional impairment of a physical condition, sexual assault, or physical acts that reasonably cause fear of the aforementioned, according to the State Legislature.

Domestic abuse disputes may happen between adults who are spouses, former spouses, people who live together, people who formerly lived together, or two people who have a child together. Note that the cohabitating abuser and the victim do not have to have been in a relationship for the abuse to be considered domestic.

Does Domestic Abuse Only Affect Women?

No, domestic abuse does not only affect women. Again, this type of behavior can impact any adult of any gender, age, or economic background. It can also affect anyone of any sexual identity/orientation, race, or religion.

According to the National Coalition Against Domestic Violence ( NCADV ), just over 36 percent of women who live in Wisconsin have experienced physical domestic violence, rape, or stalking by an intimate partner. This number is slightly lower at 32.1 percent for men. While more women in Wisconsin are domestic violence victims or survivors, these statistics show that plenty of men have also experienced abusive behaviors from an intimate partner.

How Common Is Domestic Violence in Wisconsin?

The NCADV reports that in 2018 there were 30,999 domestic violence incidents in Wisconsin. These are not the only instances of abuse. This number represents the cases reported to law enforcement agencies within the state. It does not include cases reported to non-law enforcement organizations or other similar assistance agencies and hotlines.

To better understand the impact of domestic violence on adults who live in Wisconsin, the National Network to End Domestic Violence ( NNEDV ) issues an annual count report summary by state. According to the NNEDV's data, on one day alone in September of 2020 just over half (55 percent) of Wisconsin's domestic violence programs served 1,157 people. During a 24-hour time-frame, state-wide domestic hotlines received an average of 18 calls per hour.

What Happens After a Victim Reports Domestic Violence Abuse in Wisconsin?

It's always important to report abuse. Failure to do so could aggravate the situation and put the victim in greater or repeated danger. If you are a domestic violence victim or think you are, contact your local law enforcement agency. This step is necessary to start the legal princess of protection.

Those who aren't sure how to do this can consult a domestic violence agency or hotline for help. While these organizations and agencies can't take a police report, they can connect you to law enforcement officials, help you to leave your partner or remove yourself from a shared living space, and make it possible for you to find other types of assistance.

After a victim contacts the police, the law enforcement agency will assess the incident. If the officer has reasonable grounds to think that the situation falls under the domestic abuse category, they can arrest the abuser. Reasonable grounds could include evidence of physical injury or the belief that the aggressor will continue to harm the victim.

An arresting officer may take into account past history of domestic violence (such as past arrests or past calls to law enforcement against the abuser), witness statements, the extent of fear that the victim may show, future threats of harm, and evidence of self-defense. You may also need to contact an attorney for help navigating the next legal steps. An attorney can help to protect you legally and explain how arrests and the state's court system work.

What Should You Do If You're Accused of Domestic Violence in Wisconsin?

Did your partner accuse you of domestic violence? Did they call the police? Again, if the law enforcement officer believes the aggressor is a threat to the victim, sees evidence of physical injury, has witness statements that support the victim's claims, or you have previous arrests/reports for domestic violence violations, it is likely that they will arrest you.

Per state law, you cannot contact the victim for the first 72 hours after the arrest, provided there is no additional waiver in place. If you share a home with the victim and they still reside in the space, you must find another place to live during this time.

You may not call, text, visit, go to the place of employment, or in any other way get in touch with your accuser during the 72-hour period. If you violate this law, you could face up to $10,000 in fines and/or nine months in prison.

Do you need to learn more about domestic violence in Wisconsin? Contact the Cohen Law Offices for more information.

When Does a Fight Become Domestic Violence?

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 20 Jul 2022 13:33:34 GMT

Wisconsin does not recognize a specific crime for domestic violence. Instead, domestic violence acts as an 'enhancer' for criminal acts. In certain situations, crimes like strangulation, battery, or disorderly conduct could receive a domestic violence classification if the incident occurred between spouses or former spouses, people who live or lived together, or people who share a child with one another.

Domestic violence convictions can also lead to significant penalties. Therefore, if you are facing a domestic violence charge, you should seek legal help as soon as possible. The experienced attorneys at Cohen Law Offices can determine if you are eligible to raise a defense to your domestic violence charge and can represent you at all criminal court hearings in your case.

To learn more about how we could assist with defending you in your pending case, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

When Does a Charge Become Domestic Abuse?

Under the Wisconsin statute that defines domestic violence, any of the following types of conduct could be classified as domestic abuse when the parties are current or former spouses, live or lived together, or have a child together:

· Intentional infliction of physical pain, physical injury or illness.

· Intentional impairment of physical condition.

· Sexual assault

· A physical act that may cause the other person reasonably to fear imminent engagement in any of the above

The law imposes arrest requirements when a crime could be classified as domestic violence, so there are cases in which officers make an arrest out of an abundance of caution when no real crime has occurred. For this reason, you should always consult with an attorney after a domestic violence arrest.

What are the Potential Penalties upon Conviction for a Domestic Violence Offense?

Individuals who are convicted on a domestic violence charge could sustain very serious penalties. Crimes can be both misdemeanors or felonies that can lead to jail or prison time.

Moreover, there are numerous collateral consequences associated with domestic violence convictions. First of all, the court might order the accused individual to leave their residence for a period of time – especially while the case is pending in the court system. Moreover, the accused person might not be able to contact their children, either in person or via electronic means. Finally, the accused may lose their right to possess a firearm for the remainder of their lifetime.

Call Us Today to Speak with a Criminal Defense Lawyer

If you have been charged with a domestic violence offense, it is vital that you retain experienced legal counsel to represent you in your case as soon as possible. Many domestic violence allegations are retaliatory in nature and are often made in an effort to ‘get back’ at an ex or to influence the outcome of child custody proceedings. Our legal team can represent you in court, advocate for your legal interests, and help you obtain the best possible result in your criminal matter.

For a free case evaluation and legal consultation with a skilled domestic violence defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Silence is Still Your Friend When Facing Criminal Charges

websitebuilder@thryv.com — Fri, 08 Jul 2022 16:51:04 GMT

Last week’s United States Supreme Court decision in the Vega case has brought the issue of ‘Miranda’ rights to the forefront. The 6-3 decision ruled in favor of a deputy sheriff who had been accused of violating a suspect’s rights under Fifth Amendment, setting a new precedent that shields officers from the risk of civil damages for failing to read suspects their rights.
Our view: this major decision does not change our advice surrounding what to do if you are placed under arrest or face questions from law enforcement. Whether the officer reads your “Miranda” rights or not, your best course of action is to remain silent until you have sought the advice of a knowledgeable criminal defense attorney who can help you navigate the process.
You cannot talk your way out of an arrest or criminal charges. Save your talking and call Cohen Law Offices at (715) 333-3782 .

Wisconsin Criminal Law Update: Supreme Court Expands Gun Rights

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 06 Jul 2022 19:53:43 GMT

The Wisconsin Supreme Court recently – and unanimously – decided that a conviction for disorderly conduct does not preclude an individual from carrying a concealed firearm pursuant to federal statute. Previously in Wisconsin, if an individual sustained a conviction for disorderly conduct, they could not possess a firearm if domestic violence played a part in the conviction. However, that is no longer the case, and certain individuals might be eligible to possess a firearm at home or obtain a concealed carry permit.

In its opinion, the Wisconsin Supreme Court officially decided that a disorderly-conduct-domestic-violence-type conviction is not a misdemeanor domestic violence crime under the current federal statutes.

If you are facing a criminal charge for a crime of disorderly conduct that involves domestic violence, the experienced attorneys at Cohen Law Offices are here to help. To find out more about how we could assist with defending you in your criminal case, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

What is Disorderly Conduct in Wisconsin?

It doesn’t take much to sustain a disorderly conduct charge in Wisconsin. In fact, a person could commit a disorderly conduct offense simply by acting in a profane, boisterous, or otherwise disorderly manner, and an individual might commit that offense in any number of ways. Moreover, a conviction for a disorderly conduct crime does not require that the offender use physical force of any kind – or that they cause physical harm to the alleged victim. Because there’s no physical force element, federal law does not prevent an individual with a prior conviction for domestic-disorderly from possessing a firearm. The immediate effect of the Wisconsin Supreme Court’s decision is that it immediately allows certain individuals who had previously been precluded from possessing firearms to now possess them without violating the law.

Other Penalties for a Disorderly Conduct Conviction in Wisconsin

Despite the Wisconsin Supreme Court’s clarification on the firearm possession issue, a conviction for disorderly conduct can still come with serious penalties. In fact, it’s one of the most commonly charged offenses in the state. Under Wisconsin law, disorderly conduct is a Class B misdemeanor. To sustain a conviction and receive a penalty, the state prosecutor handling your case must establish your guilt beyond a reasonable doubt.

If the prosecutor meets their burden and you sustain a guilty finding or conviction, it will be left to a sentencing judge to determine the appropriate penalty. A conviction for a disorderly conduct offense could result in a top penalty of 90 days of incarceration, along with a $1,000.00 monetary fine.

Call Cohen Law Offices Today

If you are facing a criminal charge for a crime of disorderly conduct – it is essential that you have skilled legal representation in your corner at every stage of the proceedings. For a free case evaluation and legal consultation with a knowledgeable criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Frequently Asked Questions About Public Sexual Offenses

websitebuilder@thryv.com — Mon, 27 Jun 2022 22:18:06 GMT

Although attitudes toward sexuality vary among cultures and evolve from one generation to the next, state governments must establish and uphold laws regulating public sexual behavior and expression. If someone accuses you of violating one of those laws, you may receive a criminal charge that carries potentially serious penalties.

Before you assume that you cannot fight back against a public sexual offense charge, you should understand what these charges do and don't cover, how the law enforces them, and the kinds of defenses your attorney might use to help you win your case. Give some thought to the following questions and answers on the subject.

What Constitutes a Public Sexual Offense in Wisconsin?

The Wisconsin State Legislature addresses public sexual offenses in Chapter 944 of the Criminal Code. This chapter, Crimes Against Sexual Morality, covers public sexual offenses in Subchapter II (Fornication; Adultery; Gratification) and Subchapter III (Obscenity). Other subchapters address family sex crimes and prostitution.

According to these subchapters, sexual intercourse in public with another person or an animal counts as fornication, a sexual offense. Oral and anal sex in public also violates sexual behavior laws. Public exposure of the genitals with the intention of showing them to someone else may draw a charge of lewd and lascivious behavior.

Obscene, indecent, or lewd artistic expression, such as drawings or writing that describe or depict sexual activity, may merit prosecution as a public sexual offense. This law may also extend to public performances and the showing of films that include lewd and lascivious behavior.

How Does the Law Define Obscenity?

Before legal authorities can successfully convict you for public obscenity, they must demonstrate that your acts fell under the definition of obscenity. However, while both state and federal laws clearly outline the penalties for sharing or displaying obscene material, these laws cannot actually define obscenity in cut-and-dried terms.

Wisconsin law upholds the First Amendment of the U.S. Constitution in the interests of protecting free speech, although obscenity does not enjoy these protections. The legislature defines obscene material as anything that holds only prurient value that the average person might reasonably regard as morally offensive.

How Does Wisconsin Law Punish Public Sexual Offenses?

Different types of public sexual offenses qualify for different degrees of punishment under Wisconsin law. For instance, sharing or displaying obscene writing or drawings counts as a Class C misdemeanor, while both public fornication and lewd and lascivious behavior count as Class A misdemeanors.

Penalties for a Class A misdemeanor conviction may include a fine of up to $10,000 or nine months in prison. A Class C misdemeanor conviction for obscene drawing or writing can result in a fine of up to $500 or 30 days in prison.

Some public sexual offenses may carry more extreme penalties. For instance, sex with an animal counts as a Class H felony. A first offense on a Class H felony may result in a fine of up to $10,000 or six years in prison. The second offense counts as a Class F felony, punishable by up to $25,000 or 12.5 years' imprisonment.

What Defenses Do Attorneys Use Against These Charges?

If your acts don't match the charges as defined by the law's only terminology, your attorney may exploit this point to get your case dismissed. For instance, sexual activity in public must occur in a manner observable to others. A parked vehicle with regular windows might qualify, while a panel van with no windows might not.

The mere act of exposing your genitals in a public place does not automatically constitute a public sexual offense. If you exposed your genitals at a public urinal for the sole purpose of urinating, as opposed to expressing sexual intent to the person at the next urinal, your attorney may successfully establish your innocence.

Unintentional exposure of the genitals would fall under this same category of defense. If you failed to wear underwear and then neglected to zip your fly, for instance, you might expose your genitals to someone else without even realizing it. An attorney might seek a dismissal in this kind of situation.

Wisconsin law specifically states that breastfeeding does not count as indecent exposure for the purpose of sexual gratification. If someone accused you of indecent exposure, this accusation would not stand up in court as long as your attorney can establish your exposure as a necessary part of normal breastfeeding activity.

In a case involving sexually explicit drawing or writing, your attorney may successfully defend you against an obscenity charge if you can show to the court's satisfaction that your work holds artistic, educational, or literary merit. This approach may require you to show how the drawing or writing relates to your previous artistic work.

If you face criminal charges for a public sexual offense in Wisconsin, you need to consult a skilled, experienced attorney who can represent you as successfully as possible. Contact the legal experts at Cohen Law Offices to schedule a free initial consultation and discuss the details of your case in a confidential setting.

What are the Penalties for Selling Your Prescription Drugs in Wisconsin?

mike@cohenlawofficesec.com (Michael Cohen) — Mon, 27 Jun 2022 14:36:57 GMT

A criminal conviction for selling and distributing prescription drugs in Wisconsin can subject you to various penalties. Assuming the prosecutor satisfies their legal burden and you sustain a conviction, a criminal court judge will decide the sentence. Potential penalties upon conviction depend upon the drug’s classification under the Controlled Substances Act – as well as the amount of the drug which you allegedly possessed.

If you are currently facing a prescription drug charge in Wisconsin, it is important that you have a knowledgeable drug crime lawyer representing you at every stage of the proceedings. The experienced attorneys at Cohen Law Offices can help defend you against your criminal drug charge and help you obtain the best possible result in your case.

The Prosecution’s Legal Burden in a Criminal Drug Case

For you to sustain a criminal drug conviction, the prosecution will need to establish their legal burden beyond a reasonable doubt. Specifically, the prosecutor must show that you illegally possessed prescription drugs of a quantity that suggests that you intended to distribute them for sale. The prosecutor’s legal burden is a high one, and if they cannot satisfy it, your criminal case could be subject to a complete dismissal.

Potential Penalties upon Conviction

The potential penalties upon conviction for illegally distributing prescription drugs depend upon the drug schedule/category. For example, a person who sustains a conviction for possession with intent to distribute amphetamines of three grams or less is looking at a maximum $25,000 fine and 12 and a half years of incarceration. However, if the quantity of amphetamines was at least 50 grams, the accused could incur a $100,000 fine and 40 years of incarceration.

If the accused sustains a conviction for possession with intent to distribute a Schedule IV controlled substance, they could incur a maximum $10,000 fine and up to 6 years in jail. Finally, if the accused incurs a conviction for possession with intent to distribute a Schedule V controlled substance, a judge could sentence them to a maximum $10,000 fine and three-and-half years in prison. Since these charges are felonies, the chances of receiving jail time upon conviction are high.

Call Us Today to Speak with an Attorney

If you are facing criminal charges for possessing a prescription drug with the intent to distribute, it is important to have legal counsel on your side as soon as possible in your criminal case. Your lawyer can meet with you to discuss the case and whether or not a defense might apply to your charge. For example, your lawyer might be able to argue that you lacked the necessary criminal intent for a conviction.

For a free case evaluation and consultation with a knowledgeable criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Can I Get Fired for a Drug Arrest?

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 21 Jun 2022 14:50:17 GMT

Individuals in Wisconsin can be arrested for various drug-related criminal charges. For example, a person can be arrested for possessing a certain quantity of an illegal drug or engaging in a drug sale or illegal drug trafficking transaction. In fact, you can even get arrested if you have illegal drugs within your reach as an occupant of a vehicle. If you have recently been accused of a drug crime, you may be wondering whether your employer can fire you. The answer, as is often the case with legal questions, is that it depends.

While Wisconsin has laws that protect employees from termination or denial of employment because of an arrest, the reality is that exceptions to the law often apply, and a drug arrest could easily result in significant collateral consequences, including getting fired. Fortunately, in many cases, an attorney can help.

How Can a Lawyer Help?

Arrests can often lead to collateral consequences, including problems at work. Often, a lawyer can help mitigate these consequences and may even be able to prevent an arrest resulting in criminal charges.

In many instances, an arrest related to drugs in the result of a police search of a person’s vehicle, home, or person. These searches are subject to the limitations of the 4 ^th Amendment, and if the police violate your rights, any evidence that they obtain may potentially be thrown out. A skilled criminal defense lawyer at Cohen Law Group can evaluate your case and determine whether the police violated your rights. If they did, it may be possible to have any pending criminal charges dropped, protecting your rights and your job.

Collateral Consequences Are Not Limited to the Workplace

If you have been arrested for a drug-related offense, you should know that the problems a drug crime can create can extend far beyond the workplace. Some of the other collateral consequences you may be facing as a result of a drug arrest include:

· Problems renting an apartment

· Sanctions imposed by your school

· Issues with professional licensure

By retaining an attorney as soon as you can after an arrest, you can limit the fallout you will face as a result of your arrest. In many cases, an attorney can take steps that can prevent your arrest from turning into a conviction, such as working to obtain a favorable plea deal or getting you into a diversion program such as drug court .

Call a Skilled Criminal Defense Attorney About Your Legal Matter Today

Being charged with a drug offense can lead to serious consequences. If you ultimately sustain a conviction, you can be looking at jail time, high monetary fines, and probation. However, if you believe that you were the victim of wrongful termination, you may take action against your employer.

Generally speaking, in any criminal case, the sooner you involve a criminal defense lawyer, the better the result you will obtain. To schedule a free case evaluation and legal consultation with a knowledgeable criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

The Basics of Self-Defense in Wisconsin

mike@cohenlawofficesec.com (Michael Cohen) — Thu, 16 Jun 2022 14:13:21 GMT

If you are currently facing a criminal charge for a crime of violence, such as assault, battery, homicide, or some other serious crime, you might be looking at high potential penalties upon conviction. For example, a judge might sentence you to jail time, high monetary fines, or probation. In some instances, you might allege a complete defense, like self-defense, to your criminal charge. If you are eligible to raise self-defense as a legal defense to your charge, your lawyer can advance the defense on your behalf in court.

To find out more about how we can assist with defending you against your pending criminal charge, please call Cohen Law Offices today at (715) 514-5051 or contact us online for more information.

When Is Self-Defense a Valid Legal Defense to a Criminal Charge?

A person may be in a position to allege self-defense as a legal defense to a criminal charge if they are defending themselves against an attack by someone else. Specifically, an individual can advance self-defense in their case if the following points are true:

· The accused individual was not the initial aggressor in the altercation.

· The accused individual only used an amount of force that was proportionate to the force that was used against them in the altercation.

Using a proportionate amount of force means that the accused individual cannot exercise deadly force against someone else if the other person did not use deadly force against them from the onset. The question as to whether or not the accused individual used a proportionate amount of force in self-defense is typically left to the trier of fact in the case. Depending upon the circumstances, the trier can be the judge or the jury.

What Happens If Self-Defense Is a Successful Legal Defense in Court?

In many instances, self-defense serves as a complete legal defense to a criminal charge. Therefore, if a person successfully argues self-defense and the trier of fact believes them, then the pending criminal charge can be dismissed. A dismissal of the charge may result in a complete dismissal of the criminal case that is pending against the defendant. A knowledgeable criminal defense attorney can help you determine whether self-defense may be a workable legal defense in your specific criminal case.

Speak With a Skilled Criminal Defense Attorney About Your Legal Matter Today

If you are facing criminal charges, it is important that you retain an experienced criminal defense lawyer to represent you in your case as soon as possible. A lawyer can ensure that your legal rights remain safeguarded while your case is pending. Your attorney can also represent you at all criminal court hearings and trials and advocate for your best interests there. Your lawyer will do everything possible to help you obtain the best result available to you in your case. To schedule a free case evaluation and legal consultation with a knowledgeable criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Can Getting Treatment After an OWI Arrest Help Your Case?

mike@cohenlawofficesec.com (Michael Cohen) — Mon, 06 Jun 2022 15:41:12 GMT

There is no question that criminal courts in Wisconsin have increasingly recognized the benefits of addiction treatment, both for drugs and alcohol. Getting the treatment following an arrest also shows the court that you are taking your arrest seriously, and this action can help to offset any penalties that you might later receive. A knowledgeable OWI defense lawyer can explain all of your legal options to you and help you decide on the best course of action to get you the best possible result in your case.

To find out more about how we can assist with defending you against your pending criminal charge, please call Cohen Law Offices today at (715) 514-5051 or contact us online for more information.

What Is an OWI in Wisconsin?

OWI in Wisconsin stands for operating a motor vehicle while intoxicated. In Wisconsin, it is against the law for a driver who is over 21 years of age to operate a vehicle while they have a blood alcohol concentration (BAC) of 0.08 percent or higher. Similarly, a driver cannot operate a vehicle while they are under the influence of an intoxicant, controlled substance, or another drug. When drivers have three or more prior convictions for OWI on their record, they may not operate a vehicle with a BAC that is higher than 0.02 percent. For drivers who are under 21 years old, a zero-tolerance policy is in place.

If a breathalyzer test shows that a person has an excessive BAC, then they can be arrested and ultimately convicted of an OWI. Upon conviction, the driver can be looking at fines, jail time, community service, probation, loss of their driver’s license, and other potential consequences.

Goals of OWI Treatment Programs

Taking part in an OWI treatment program shows a criminal court judge that you are taking your arrest seriously. Wisconsin OWI treatment programs for drugs and alcohol have two primary goals. The first goal is to provide individuals with various options that are not available in state prisons and jails. The other purpose of the program is to reduce the chances that an individual will sustain a subsequent OWI arrest. In fact, individuals who complete drug or alcohol treatment programs are almost 20 times less likely to be arrested for a subsequent criminal offense. Therefore, these programs work, and taking the initiative and actively participating in one can potentially be helpful to your case.

Contact a Knowledgeable Criminal OWI Defense Attorney About Your Legal Matter Today

If you are facing criminal OWI charges, it is important that you involve a knowledgeable attorney in your case as soon as possible. To schedule a free case evaluation and legal consultation with a knowledgeable criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online

Wisconsin Domestic Violence FAQ

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 01 Jun 2022 13:12:27 GMT

Criminal domestic violence offenses can include many different crimes, including assault and battery. A person could be charged with a crime of domestic violence if they threaten or actually abuse a person who lives under the same roof as them. A domestic violence charge could also result when a person sexually assaults a household member. A criminal conviction for a crime of domestic violence can be far-reaching and could impact the accused’s life for a long period of time.

If you were recently charged with a domestic violence offense, it is important that you retain skilled legal counsel in your case as quickly as possible. Your attorney might be able to raise one or more legal defenses on your behalf at trial or negotiate a reasonable plea deal with the state’s attorney who is prosecuting your case.

For more information about how we could assist with defending you against your criminal domestic violence charge, please call us today at (715) 514-5051 or contact us online.

What are the Potential Penalties for a Domestic Violence Conviction?

When a prosecutor is able to obtain a conviction against someone for a crime of domestic violence, the offender could be looking at some serious legal and collateral consequences. The legal consequences of a domestic violence crime conviction can include:

● Mandatory fines and jail time

● Court-imposed community service

● Court-ordered probation

● No contact orders

In addition, a person who has a domestic violence conviction on their record will likely have a difficult time obtaining employment, going to school at a college or university, and sometimes finding a decent place to live.

What are Some Defenses to a Crime of Domestic Violence?

Individuals accused of a domestic violence offense might be in a position to raise a legal defense to their criminal charge. For example, the accused person might have an alibi or that they acted with a proportionate amount of force in self-defense. In some cases – especially where minor children are involved – individuals will bring false domestic violence charges against their spouse or partner in order to obtain custody of the children. The accused individual may be able to allege this improper motive as a defense to their domestic violence charge.

Contact Cohen Law Offices Today

With so much riding on the line in the way of potential penalties, it is a serious mistake to represent yourself in a Wisconsin domestic violence proceeding. The skilled legal team at Cohen Law Offices will work hard to safeguard your legal and constitutional rights while your case is pending and will help you to achieve the best result possible in your case.

To schedule a free case evaluation and legal consultation with a knowledgeable Wisconsin domestic violence defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us

How Do Innocent People Get Accused of Possessing Child Porn?

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 25 May 2022 13:01:53 GMT

Unfortunately, individuals are sometimes subject to arrest for a criminal offense that they never committed. When it comes to criminal charges stemming from child pornography, wrongful arrests typically fall into two categories. The first category is where an individual carelessly browsed the internet and downloaded child pornographic content unintentionally. The second category is where another individual intentionally downloaded the pornographic materials on the accused's computer in order to seek revenge or smear the other parent in a child custody proceeding.

In some instances, a criminal defense lawyer may be able to introduce forensic evidence to combat a child porn possession charge. For instance, your attorney could examine the circumstances of your charge and arrest and determine if you are eligible to raise a legal defense in court.

Unintentionally Possessing Child Porn Materials

In order for a state prosecutor to obtain a conviction against a defendant in a child porn possession case, the prosecutor must demonstrate – beyond a reasonable doubt – that the defendant knowingly possessed the physical materials or digital image and that the image portrayed a minor engaging in some type of sexually explicit act. In some instances, the defendant may have acted in an ignorant or careless manner but not necessarily in a knowing or intentional manner. That distinction can make all the difference in the world when it comes to obtaining (or not obtaining) a conviction against the defendant. Other evidence, such as a lack of searches for underage pornographic content, could be favorable to the defendant in the case.

Defendants Who are Framed

In some instances, defendants are falsely accused of possessing child pornography because of someone else's actions. For example, in a particularly contentious divorce case, a wife – in an attempt to frame and sabotage her husband – might download the pornographic images onto her husband's computer in hopes that the court will find out and refuse the husband custody or visitation of the couple's minor children. Computer and forensic experts can be extremely helpful when it comes to finding out how certain images came to be downloaded on a computer and who was ultimately responsible for downloading those images.

Talk to a Knowledgeable Criminal Defense Attorney Today

The potential penalties for a child porn possession conviction are oftentimes serious and include potential jail time and fines. In addition, the court may require the offender to register on a federal or statewide sex offender registry, making it nearly impossible for the offender to get a job or find a decent place to live in the future. Consequently, having experienced legal counsel represent you during the proceedings is one of the most important steps that you can take in your case.

To schedule a free case evaluation and legal consultation with an experienced criminal defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online to learn more.

3 Key Points About Vandalism Charges

websitebuilder@thryv.com — Wed, 18 May 2022 21:50:19 GMT

If you've ever seen someone's car keyed, a commercial facility spray-painted with graffiti, or neighborhood homes egged at Halloween, you've seen the telltale signs of vandalism first-hand. This form of property damage can carry serious consequences, especially if the circumstances of the act warrant punishment as a felony.

Individuals charged with vandalism must understand the legal definition of this criminal charge, the different variations that can incur different penalties under the law, and the potential legal defenses they might mount in response. Take a moment to educate yourself on the following four key points about vandalism charges.

1. Definition and Examples of Vandalism

Vandalism stands as a kind of catchall term to describe the intentional destruction of property. Although the courts often apply it to hate crimes and other such activities that target specific individuals or organizations, people can also face vandalism charges for destroying or defacing property without any pre-existing agenda.

Common examples of vandalism include the aforementioned egging of homes or car keying (the use of a key or other sharp tool to scratch car paint). One may also commit vandalism by slashing tires, breaking windows, damaging commercial or residential doors or walls, and defacing or removing public fixtures such as traffic signs.

Graffiti, the defacement of property with painted or written slogans or images, counts as yet another type of vandalism. The key legal difference between graffiti and street art involves whether the owner of the property gave advance permission for the application of these slogans or images.

2. Misdemeanor versus Felony Misdemeanor Charges

Wisconsin law lumps together acts of vandalism under the general category of damage to property, as outlined in Chapter 943 of the Criminal Code. In general, the court treats such damage to property as a Class A misdemeanor. However, a wide range of circumstances can easily escalate the charge to a Class I felony.

Any act of vandalism in Wisconsin may qualify as a felony if it reduces the value of the damaged property by more than $2,500. Additionally, an act of vandalism that might lead to further damage or injury (such as an auto accident caused by a defaced or removed traffic warning sign) may draw a felony charge.

In some cases, the nature of the property determines whether an individual faces misdemeanor or felony charges. Examples include damage to power plants, religious institutions, state-owned properties, plants or seeds cultivated for research or commercial purposes, and culturally significant places such as rock art sites.

Chapter 939 of the Wisconsin Criminal Code defines the penalties for both misdemeanor and felony charges in the state. According to Subchapter IV, a Class A misdemeanor conviction for vandalism can involve a fine of up to $10,000, a prison term of up to nine months, or both.

A Class I felony vandalism conviction can result in harsher penalties. If the court finds you guilty of this crime, you may still face a fine of up to $10,000. However, you may also (or alternatively) spend up to three years and six months in prison.

3. Possible Legal Defenses Against Vandalism Charges

Although many cases of vandalism may appear cut and dried, an experienced attorney can sometimes find valid legal defenses that may lead to the dismissal of your case. However, you must present the facts to your lawyer as fully and honestly as possible before this expert can evaluate your chances of success.

Mistaken identity may serve as a valid defense against vandalism charges. This argument might work in situations where low light, foul weather, or a cluster of other people in your immediate proximity caused the arresting officer to mistake you for someone nearby who actually committed the vandalism.

Clothing can also cause mistaken identity. If the person who committed the vandalism wore the same kind of clothing and matched your general physical description, you might get apprehended for that person's vandalism. This scenario may also occur on occasions that traditionally involve identity-obscuring costumes, such as Halloween.

Even if you do hold responsibility for the property damage in question, the question of intent may come to your defense. By definition, vandalism requires, not just the destruction of property, but the intentional destruction of property. For instance, if you damaged car paint by accidentally rubbing up against it, you haven't committed vandalism.

As noted above, the consent of a property owner can make all the difference between an act of vandalism and an expression of creativity. If the authorities charged you with vandalism for painting a design on a building, despite the fact that you had the owner's advance permission to do so, the court may dismiss the case against you.

If you need legal counsel for a Wisconsin vandalism charge, talk to the criminal law experts at Cohen Law Offices. Our skilled attorneys can examine the facts in your case, discuss the potential consequences with you, and help you take advantage of any defense strategies that might apply. Contact our firm today for a consultation.

EMPATHY AS A CORE VALUE

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 17 May 2022 15:33:26 GMT

Empathy is the ability to understand another person’s emotional reaction; further, it’s the ability to not only understand another response but also anticipate it.

As criminal defense lawyers, one might wonder how we can defend a guilty person. The surface answer is: It’s our justice system. One is presumed innocent until found guilty. What does guilty mean? What is the proper punishment?

When leaders and managers, and in our case lawyers, listen using empathy, they listen to more than just the conversation; they are listening to understand what the person is thinking or feeling without preconceived decisions or expected outcomes.

When people feel valued, they feel safe and feel like they matter, giving them the freedom to be themselves. We care about the people we defend. We listen. Most importantly, we care about the result, and we care about the client experience.

Seeing the world through the eyes of clients can help lawyers and their law firms provide a level of service that is likely to stand apart from their competitors and this is what our law firm strives for. We set up our defense process to consider the difficulties our clients, and our clients’ families, are going through. We believe good people should get a second chance in life, and we believe one bad incident should not define your whole life.

Be certain that if we accept your case, we will practice empathy, and have compassion for you as we defend you to the best of our ability. Call Cohen Law Offices at 715-514-5051 for a free consultation.

Even Simple Drug Possession Can Result in Serious Consequences

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 11 May 2022 17:55:12 GMT

Simple drug possession is a drug charge that does not involve possession with intent to distribute. However, a conviction for simple possession can still lead to serious penalties and collateral consequences. The best way to avoid these consequences is to avoid a conviction in the first place. Therefore, one of the most important steps that you can take after your drug crime arrest is to contact an experienced criminal defense attorney who can represent you throughout your legal matter.

Types of Simple Drug Possession

A police officer could arrest someone for simple drug possession if they actually or constructively possess an illegal drug. Actual possession usually means that the officer finds the drug directly on an individual’s person, such as in their hands or in a coat or pants pocket.

On the other hand, constructive possession usually means that the officer finds the drug in the person’s general reach area. For example, if an officer recovers illegal drugs in a motor vehicle, then they might be in a position to charge the driver and all vehicle occupants with constructive possession. In that instance, an arrestee may be able to defend that they were unaware of the drug’s presence in the vehicle.

Potential Penalties upon Conviction for Simple Drug Possession

The state prosecutor who handles a criminal drug case has the legal burden of proof which they must satisfy beyond a reasonable doubt – or beyond a doubt that is based upon common sense and ordinary reason. If the prosecutor can legally meet this burden, then they may be able to obtain a conviction for the drug offense. The case will then go to a judge for sentencing.

The penalties that an offender might incur will depend upon the type and quantity of the drugs they possess. Potential penalties upon conviction could include any of the following:

● Prison time

● High monetary fines

● Court-imposed community service

● Mandatory participation in a drug rehabilitation program

● Probation

Convicted drug offenders can also suffer significant harm to their reputation in the community and other collateral consequences – including an inability to find a place to live, work, or go to school.

Call Us Today to Schedule a Free Case Evaluation

When it comes to criminal drug offenses, there is too much riding on the line to go it alone. The skilled team of attorneys at Cohen Law Offices will work to ensure that your legal rights remain protected while your criminal case is pending. We can also represent you at all court hearings in your case.

To schedule a free case evaluation and legal consultation with an experienced drug crime defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Can You Get an OWI for Driving While High?

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 04 May 2022 13:06:45 GMT

OWI stands for operating a motor vehicle while intoxicated. Intoxication does not just refer to alcohol intoxication. It can also refer to intoxication by a drug or other controlled substance. Therefore, if a driver operates their motor vehicle while high on drugs, they could be facing an arrest and a likely conviction for OWI. Moreover, no legal limit exists for driving while high. Therefore, a driver could be subject to arrest and conviction if any amount of illegal drug (such as THC) is found in their bloodstream.

In addition to sustaining serious penalties upon conviction for an OWI offense, a driver could incur civil liability in the event they cause an accident and injure or kill someone.

If you are facing a criminal charge for OWI, it is important that you seek skilled legal representation in your case as quickly as possible. Your lawyer can investigate the circumstances of your arrest, safeguard your legal rights, and represent you at all court proceedings. Your attorney can then help you obtain the best result possible in your case.

OWI Legal Standard

It is illegal for a person to drive with a detectible amount of a restricted controlled substance in their blood. If a person has a prescription for medical marijuana, methamphetamine, or GHB, there may be an affirmative defense to an OWI. If prescription medication is found in a person’s blood sample and the person does not have a prescription for the medication, the person could be guilty of an OWI. If the person has a prescription for the medication and it is outside of the theraputic amount, the person may be guilty of an OWI.

Potential Criminal Penalties for an OWI

OWI convictions typically come with serious penalties. For example, a judge might sentence a Wisconsin OWI offender to jail time, monetary fines, probation, or community service. A judge may also require that the offender attend a drug or alcohol treatment and rehabilitation program. Finally, if the OWI involved alcohol intoxication, a judge might require the driver to install an ignition interlock device on their vehicle and maintain the device at their own expense.

In addition to these potential legal consequences, an OWI offender might lose their job and have trouble finding a different job. Moreover, given the prevalence of criminal background checks by landlords and educational institutions, an offender may have a hard time finding a place to live or attend school at a college or university following their conviction.

Call Us Today to Schedule a Free Consultation

If you are currently facing a criminal OWI charge, our legal team will do everything we possibly can to minimize the potential legal and collateral consequences to you. To schedule a free case evaluation and legal consultation with an experienced OWI criminal defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online for more information

When Does Teen Sexting Become a Crime?

mike@cohenlawofficesec.com (Michael Cohen) — Thu, 28 Apr 2022 20:31:07 GMT

The state of Wisconsin penalizes teen sexting under its child pornography laws and other laws relating to sexual exploitation of children. All of these crimes are felony offenses, and a conviction could lead to serious consequences for everyone who is involved. In order for a prosecutor to obtain a conviction against an accused individual, they must satisfy their legal burden ‘beyond a reasonable doubt’ – which is a high burden to meet.

The term ‘sexting’ means sending sexually suggestive or nude pictures through electronic means. For example, the offender might send a sexually explicit photograph via email, a social media website, chat board, or text message. This type of communication has become increasingly common with teenagers who are under the age of majority. These communications can also be used as a means for harassing or bullying others.

If you or someone you love has been charged under Wisconsin’s child pornography laws, it is important that you have skilled legal representation in your corner as soon as possible in your criminal case. At Cohen Law Offices, our experienced legal team can explore all of your legal options with you, including potential defenses to your charge. We can then help you determine the best course of action for your case and represent you at all courtroom proceedings in your legal matter.

For more information about how we could help you defend against your criminal charge, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Specific Sexting Laws in Wisconsin

Sexting laws in the state of Wisconsin are different from similar laws that exist in other states. Specifically, teen sexting in Wisconsin is punishable under laws relating to child sexual exploitation and child pornography. Under these laws, it is illegal to possess, distribute, or create a visual depiction that shows a child under 18 years of age engaging in contact that is sexually explicit. ‘Sexually explicit conduct’ can take one of several forms, including masturbation, simulated sexual intercourse, actual sexual intercourse, or ‘lewd exhibition of intimate parts.’

Potential Penalties Upon Conviction

Generally speaking, convictions for sexting offenses by minors are less serious than when those offenses are committed by an adult. The same is true of the potential penalties upon conviction. For example, if a minor child engages in an act of sexual exploitation through texting, they could receive a maximum of 12.5 years in jail, along with a $25,000 fine. An adult who committed the same act would likely be sentenced to much harsher criminal penalties.

Speak With an Experienced Criminal Defense Attorney About Your Legal Matter Today

At Cohen Law Offices, our legal team will help you obtain the best possible result for you in your case – whether that be a favorable plea deal with the prosecuting attorney or a favorable result at trial.

To schedule a free case evaluation and legal consultation with a knowledgeable criminal defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online for more information.

Domestic Violence Can Affect Your Custody Rights

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 20 Apr 2022 13:47:24 GMT

There are numerous criminal offenses that constitute domestic violence crimes within the state of Wisconsin. These crimes include the various forms of assault and other offenses that happen between spouses and other individuals residing in a home. If you are charged with committing a domestic violence offense, a judge may enter an initial and later a final protective order in your case. As part of these domestic orders, you might not be permitted to spend time with your children, thereby affecting your custody or visitation rights in a divorce proceeding.

At Cohen Law Offices, our lawyers will do everything possible to help you avoid a criminal conviction in your domestic violence case, thereby avoiding potential custody and visitation consequences. For more information about how we could help you beat a criminal domestic violence charge, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

What Is in a Domestic Violence Order?

The actual contents of a domestic violence order will vary from case to case. In many domestic violence orders, a judge will require that the accused individual not have any contact with children whom they share in common with the alleged victim. If you are divorced from your current spouse, the order might cut off your custody or visitation rights while the domestic violence case is pending in the court system. In addition, a domestic violence order may require that you:

· Stay away from the alleged victim and their children

· Refrain from contacting the alleged victim either in person, by telephonic means, or by electronic means

· Stay away from the alleged victim’s work or place of business

· Refrain from owning or using a firearm

· Refrain from seeing or contacting your children while the domestic violence order is pending

Potential Domestic Violence Defenses

If your domestic violence case goes to a hearing or trial, it is important that you have legal representation during that proceeding. At a domestic violence hearing, your lawyer can advocate for you and your legal interests in the case. Moreover, your attorney might present one or more legal defenses on your behalf. For example, your lawyer could demonstrate that the alleged victim was bitter and filed a domestic violence complaint out of retaliation (meaning that the alleged victim had a motive to lie). In any case, having an experienced domestic violence lawyer on board in your case will increase the chances that you obtain a favorable result when it comes to your children – including with child custody and visitation issues if you are divorced from your spouse.

Talk to a Knowledgeable Criminal Defense Attorney About Your Legal Matter Today

Domestic violence convictions often carry hefty legal and personal penalties and consequences – one of which is loss of child custody and visitation rights. However, these consequences are avoidable in some instances. To schedule a free case evaluation and legal consultation with an experienced criminal defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online for more information about your legal options.

FAQs About Wisconsin and OWI Laws

websitebuilder@thryv.com — Tue, 19 Apr 2022 23:19:19 GMT

What is OWI and what do you need to know about Wisconsin drunk driving and intoxicated driver laws? Whether you had a recent arrest for OWI or someone close to you did, take a look at the top questions about this offense answered.

Is OWI the Same As DUI?

Different states use different terms (or acronyms) for drunk and intoxicated driving laws. In Wisconsin, the state law refers to drunk or drug-induced driving offenses as Operating While Intoxicated—also known using the acronym OWI.

DUI is another acronym that some states use for these types of laws. Instead of Operating While Intoxicated, DUI stands for Driving Under the Influence. Along with OWI and DUI, the term Driving While Intoxicated (or DWI) is another type of offense used across the United States (in some areas).

OWI and DUI (and DWI) may mean the same thing or have slightly different meanings, depending on the individual state's statutes. To fully understand the differences between these terms or what an OWI arrest means for you (or your family member/friend), you may need to learn more about how the state of Wisconsin defines this type of driving-related offense.

What Is OWI in Wisconsin?

According to the State of Wisconsin Department of Transportation, the OWI laws apply to all drivers. If the driver is over 21 and they have a blood or breath alcohol concentration (or BAC) level of 0.08 or higher, are under the influence of an intoxicant, have a detectable level of a restricted controlled substance in their blood, or are operating a motor vehicle while under the influence of a controlled substance.

If the person is under 21, they are subject to a blood alcohol limit of .00. If there is an alleged blood alcohol level over .00, but below .08, the person may receive a citation for Absolute Sobriety Violation. That is similar to an OWI, but carries different penalties. If a person under 21 has an alleged blood alcohol concentration over .08 or a detectible amount of a restricted controlled substance in their blood, they may be convicted of an OWI.

What Does a First Offense OWI Mean for a Driver?

A first offense is exactly what the name sounds like — this is the first time you or your family member is arrested for an OWI offense. If you drive while intoxicated in Wisconsin, several things could happen during and after an arrest.

At the time of the arrest, the intoxicated driver may receive a citation to appear for an OWI 1. If law enforcement receives test results from the chemical test, a driver may receive a citation for Prohibited Alcohol Concentration. If there are detected restricted controlled substances in the person’s blood sample, law enforcement may also issue a citation for Restricted Controlled Substance.

The driver could refuse to submit a sample for testing. But the state will likely counter this action with a search warrant and a Notice of Intent to Revoke. After the arresting law enforcement agency processes the driver's sample, you (or your loved one) will get a Notice of Intent to Suspend. Drivers who submit to on-site testing and have an elevated BAC may get this notice immediately (at the scene).

As the name implies, this notice informs the driver of the state's intention to suspend their driving privileges. This happens 30 days after the notice date.

What Should You Do After An OWI Arrest?

Don't try to navigate the legal system on your own. In 2019, 27,785 Wisconsin drivers were arrested for operating a vehicle while intoxicated, according to the state's Department of Transportation. 92 percent of 22,683 drivers who were adjudicated for OWI were found guilty by the state.

While it is possible to learn more about or understand the OWI laws in Wisconsin, this knowledge doesn't qualify you as an expert in the area. Without the expertise and experience of a qualified legal professional, you could face the maximum penalties under state law. Instead of moving through the court system alone, explore your legal options.

A lawyer can help you to read and understand the letters, citations, and notices the state sends to you. They can also walk you through each step of the adjudication process — and with your best interest in mind.

When Should You Hire An Attorney?

You don't need to wait until your court date is approaching to contact an attorney. The sooner you find legal representation, the better. Make sure the lawyer you hire specializes in Wisconsin OWI laws. This type of legal situation requires an attorney who has already navigated the system and knows how to help you during this tough time.

Do you need an OWI layer? Contact the Cohen Law Offices for more information.

Questions and Answers About Prescription Drug Crimes

Wed, 13 Apr 2022 20:22:41 GMT

When you think of drug-related crimes, you might reflexively envision stereotypical cops-and-robbers stories or legal dramas revolving around street thugs selling illicit substances. However, many drug-related crimes involve the possession or sale of prescription medications. Conviction for these offenses can lead to serious legal penalties.

If you face charges for a prescription drug crime, you need to understand as much as you can about this type of offense, from the way the government grades different drug classes to the potential penalties and possible legal defense strategies. Get started right now by consulting the following questions and answers.

1. What Makes Prescription Drugs Different From Street Drugs?

By definition, any drug prescribed by a medical authority counts as a prescription drug. However, this legality doesn't automatically make the drug in question safer than illicit drugs. It also means that a drug normally legal with a prescription can become an illicit drug without a prescription to validate its use.

Even if you hold a legal prescription for a given drug, you can still break the law by giving or selling that prescription drug to someone else. If someone doesn't have a doctor's prescription for that drug, the mere possession of it can count as a serious legal offense, depending in part on how the government has classified it.

2. How Does the Government Classify Drugs?

The federal government classifies different categories of drugs according to the Controlled Substance Act (CSA). This act assigns drugs to one of five schedules, or categories, depending on their potential for addiction or abuse. The lower the schedule number, the more severe the penalties for illegal possession or sale.

Heroin, LSD, peyote, and marijuana, among others, count as Schedule I drugs. Schedule II drugs include methamphetamine, cocaine, and many common opioids. Ketamine and anabolic steroids fall under Schedule III, while many drugs prescribed for mood disorders fall under Schedule IV.

Schedule V drugs offer the lowest potential for abuse and addiction, although they still require a prescription for legal use. These medications may contain some of the same active substances as Schedule II or IV drugs, only in smaller quantities.

3. What Penalties Can You Face for Illegal Prescription Drug Possession?

The State of Wisconsin does not differentiate between illegal possession of prescription drugs versus illicit drugs in its Legislative Code . Illegal possession of any Schedule I or Schedule II narcotic automatically counts as a Class I felony. A Class I felony in Wisconsin can result in a fine of up to $10,000, a prison term of up to 3.5 years, or both.

Illegal possession of an amphetamine can draw penalties of $5,000 in fines and/or one year in prison for the first offense, with a second offense penalized as a Class I felony. Other, less overtly dangerous drugs may result in misdemeanor charges punishable by up to one year in prison and/or a $500 fine.

4. What Penalties Can You Face for Selling Prescription Drugs Illegally?

The same subchapter of the Wisconsin Legislative Code that assigns penalties for illegal possession of drugs also addresses the illegal distribution and delivery of such drugs, including prescription drugs. Illegal sale of Schedule I, II, or III drugs generally counts as a Class H felony punishable by up to $10,000 and/or six years' imprisonment.

Schedule I and II narcotic sales count as a Class E felony punishable by up to $50,000 and/or 15 years' imprisonment. The distribution of more than 40 grams of cocaine or 50 grams of heroin, for instance, counts as a Class C felony. A Class C felony conviction can lead to 40 years' imprisonment and/or a $100,000 fine.

5. How Do Attorneys Defend Their Clients Against Prescription Drug Crime Charges?

As bleak as a prescription drug crime charge may appear, a skilled attorney may find ways to defend you against it. Some defenses revolve purely around procedural technicalities such as illegal search and seizure. If the circumstances of your arrest violated your rights, the court may dismiss the case against you.

Lack of possession may also serve as a valid defense. This argument may apply in cases where you shared a home with someone else who actually possessed the drug in question. In this situation, the prosecution would have to show that the authorities found the drugs in a part of the home not exclusively under your control.

A related defense involves the principle of unwitting possession. In this defense, you came into possession of the drugs without knowing it. For instance, someone might have given you a bag containing drugs without identifying the contents.

Defenses against prescription drug distribution charges may follow some of these same lines of argument. Your attorney may also argue that the authorities used entrapment, that a doctor prescribed the drugs for your own use, that you didn't know about the drug's illicit nature, or even that you never had the drug in your possession.

Whatever kind of prescription drug crime the authorities may have charged you with, Cohen Law Offices wants to help you achieve the brightest possible outcome for your case. Contact our office today for a free initial consultation.

Embezzlement — What Employees and Fiduciaries Need to Know

Wed, 13 Apr 2022 20:18:47 GMT

Have you been accused of embezzlement? Embezzlement can take many forms, some of which are harder to prove than others. If you find yourself dealing with allegations of embezzlement, it's important to understand what it involves in legal terms and how you can successfully defend yourself against the charge. To help you do this, here are a few of the most important things to know.

What Is Embezzlement?

Embezzlement is a type of theft. It's generally the theft of something of value from an employer, but it may extend to others who have been put in a position with a fiduciary duty (such as board members or volunteers). A fiduciary duty is a position of trust where a person holds or manages the assets of another person or organization. They have a duty to act in the asset owner's best interests, not their own.

Although it's a form of theft, embezzlement is differentiated in one key way. Theft generally happens when a person takes something to which they have no right. However, embezzling involves assets that the person has a right to be in control of during their job. If an employee steals cash from the tip jar, it's theft. If they're assigned to take the tip jar to the bank, they embezzle if they deposit it into their own account.

How Does Embezzlement Occur?

The most common form of embezzlement is the skimming of small amounts of cash or small goods during the course of a person's job. Small losses are easier to hide, and companies need a longer period to determine the existence and causes of these. However, losses of cash or inventory can also disappear for many unrelated reasons, including bad inventory controls, disorganization, and damage.

With the advent of more and more computerized financial transactions, embezzlement through paperwork has become more common. A bookkeeper, for instance, might change their own salary before payroll, issue company checks to a personal business, or create falsified invoices. Managers might manipulate account balances and financial statements. And owners might even hide money between subsidiaries.

Although most embezzlement involves cash, credit cards, and checks, it can include taking any number of other assets. This could range from taking company-owned mobile devices to just not charging yourself and your family for services you provide as an employee. The commonality is that embezzlement is nonviolent and enriches the embezzler in some way.

What Makes Up an Embezzlement Case?

In general, to prove embezzlement, a prosecutor must demonstrate four key elements.

The first is that a fiduciary relationship exists. As mentioned above, if the employee has no fiduciary duty to their employer, taking an asset is unlikely to be embezzlement and would need to be pursued as theft, larceny, or another charge. In addition, if the person had no access to the assets as a fiduciary, it's unlikely they could have taken them.

The second requirement is to show that the person obtained the stolen items in the course of their fiduciary duty. Although it may sound like a small detail, how a person acquired an item is important in determining if they're guilty of this particular crime. An office employee who takes a piece of inventory may have committed theft, but they may not have committed embezzlement since inventory wasn't their job.

Third, the act must have been intentional. Unintentional actions might include an employee who genuinely believed that the asset or money was theirs to take. It might involve accounting or inventory control errors that appear like embezzlement. Or a person may have accidentally taken something that wasn't theirs.

Finally, the embezzlement must be proven to have occurred. How difficult this is may vary. If physical assets or cash is taken, cameras or witnesses may provide verification. And some transactions can be easily linked to a particular employee. But if the paper trail is complicated or many people have the same access, proving this element may be challenging.

What Should You Do If You're Accused?

If you're accused of embezzling in any way, the first step should be to work with an experienced attorney. In Wisconsin, as in many states, embezzlement of large assets can be a felony offense that results in fines and jail sentences. And because it involves matters of trust, it can also damage your ability to get future jobs in your field, even if considered a lesser offense.

Embezzlement is also often a complicated case to navigate. You may need to defend yourself against complex transaction histories and accounting research by financial professionals. Most employees are not expert forensic accountants, so they need outside assistance.

Where Can You Start?

Wisconsin residents who may be accused of embezzling can call on the team at Cohen Law Offices . For more than three decades, we've helped defend clients against a variety of white-collar crimes, including both misdemeanor and felony embezzlement. Call today to learn more or to make an appointment.

Frequently Asked Questions About Cyberstalking

Wed, 13 Apr 2022 20:15:28 GMT

Today's Internet has made real-time global communication easier and more accessible than ever before. This advance offers powerful benefits, from the ability to work from home during the COVID-19 pandemic to streamable telemedicine and entertainment. Unfortunately, it also opens the door to an illegal behavior called cyberstalking.

Cyberstalking can actually involve any of several different crimes that result in the harassment, humiliation, or domination of vulnerable individuals. If someone has charged you with a cyberstalking offense, you need to understand what this charge means and how to defend yourself against it. Start with these frequently asked questions.

What Actions Count as Cyberstalking?

As a catchall term, cyberstalking refers to the use of digital platforms and communications to abuse an individual or group. This abuse can take many forms, from obsessive emails and online messages to constant efforts to track the unsuspecting target's digital communications or browsing habits.

Cyberstalkers may share sexually explicit images (either of themselves or of their targets) in emails and online websites. They may send sexually suggestive messages or pressure targeted individuals into sexual acts. A cyberstalker might even take an innocent image and alter it to add objectionable sexual content.

In some cases, cyberstalking focuses on financial control over the targeted individual. Cyberstalkers who gain access to people's online bank accounts or other financial systems may change passwords or user IDs, locking those people out of their accounts or even commandeering the funds for themselves.

Many cyberstalkers focus on destroying someone's reputation. They may pose defamatory information about that person on busy public Internet forums. They may also publicize the individual's private contact information (a technique called doxxing) or assume the person's identity to make self-destructive online posts.

What Specific Charges May Cyberstalking Incur?

Wisconsin doesn't actually classify cyberstalking as its own separate crime. Instead, it prosecutes cyberstalkers for the crimes they committed in the course of their online activities. These crimes already come with their own definitions and remedies according to Wisconsin law.

The four main types of charges a cyberstalker may face include harassment, unlawful use of telephone, unlawful use of computerized communication systems, and stalking. A single cyberstalking case could theoretically include any or even all of these offenses among the charges.

How Do Courts Penalize Cyberstalking in Wisconsin?

Because Wisconsin judges the specific crimes related to a cyberstalking case, the potential penalties in a particular cyberstalking case can vary accordingly. Depending on the severity of the offense, an accused person may have committed a misdemeanor, a felony, or both.

Simple harassment related to cyberstalking counts as a Class B misdemeanor. However, if the targeted individual had reason to fear bodily harm, the escalation to a Class A misdemeanor could mean up to nine months in prison and/or a $10,000 fine.

Stalking counts as a Class I felony unless the defendant illegally accessed or shared someone's personal data electronically — a Class H felony. The penalty for a Class I felony can include up to 3.5 years in prison, while Class H felonies can mean up to six years in prison. Both felonies may also impose a fine of up to $10,000.

How Do Attorneys Defend Their Clients Against Cyberstalking Charges?

On the surface, a cyberstalking case may appear cut and dried, especially if the evidence of misdeeds still exists in digital form. However, people can still face these accusations unjustly. If that scenario describes your case, your attorney may find ways to defend you successfully against the charge.

First and foremost, remember that the prosecution must still prove your guilt, no matter what the surface evidence might indicate or imply. For instance, your actions may actually fall under Constitutionally protected free speech instead of violating the law, in which the court may dismiss your case altogether.

The defense may also need to establish that your actions posed a credible threat against the individual accusing you of cyberstalking. People can and do lose their tempers and say or write empty threats as a result. If your online behavior didn't constitute a genuine threat to that person's wellbeing, it may not prove criminal in nature.

Sometimes the plaintiff in a cyberstalking case actually turns out to be the guilty party. Just as cyberstalking can involve impersonating others, an individual who levels cyberstalking charges against you may have assumed your identity to make you look guilty. If your attorney can reveal such actions in court, you may win your case.

Even a simple defense of mistaken identity may remove the threat of criminal charges and penalties in a cyberstalking case. The person accusing you of cyberstalking may genuinely have you confused with another person who actually committed the crime.

When you face a charge as serious as cyberstalking, you need legal counsel of uncommon skill and expertise. Contact Cohen Law Offices today to schedule a consultation so we can discuss your legal defense options in detail.

3 Ways That an OWI Conviction Can Affect Your Future

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 12 Apr 2022 19:30:50 GMT

A conviction for operating a motor vehicle while intoxicated – or for OWI – can result in serious consequences. A person may be charged with OWI if a police officer determines that they have a blood alcohol concentration (BAC) of 0.08 percent or higher. Not only can a convicted offender incur criminal fines and penalties, but they may also experience various negative collateral consequences. For example, they might have difficulty finding or keeping a job, obtaining an education at a college or university, or obtaining a professional license. In addition, they might suffer damage to their personal or professional reputation in the community.

If you are currently facing a criminal OWI charge, it is important that you speak with a knowledgeable criminal defense lawyer right away. At Cohen Law Offices, our legal team is ready to assist you with every aspect of handling your criminal OWI case. We could negotiate with the prosecutor on your behalf and represent you during all courtroom proceedings.

Potential Employment Consequences

When employers do background checks on prospective employees, they frequently perform criminal background checks and criminal records checks. If their inquiry reveals a prior conviction for an OWI offense, the employer might think twice before they hire the prospective employee. In addition, the employer may have a policy where an OWI charge or conviction results in a suspension or termination of a person’s current employment.

Educational and Professional Licensure Consequences

Much like with prospective employers, educational institutions and hiring committees will often perform criminal background checks on prospective students. If they find that the applicant has sustained an arrest or conviction for operating a motor vehicle while intoxicated, they may not admit the prospective student into their program. Similarly, a licensing committee may deny an applicant a professional license (such as a medical license or law license) if an applicant has one or more drunk driving convictions on their record.

Harm to Reputation in the Community

A conviction for an OWI offense can have negative personal and professional consequences. When it comes to professional reputations, a criminal OWI charge or conviction can make it look like an individual is irresponsible or that they have a drinking problem. People generally view this information in a negative light. Consequently, a business person or professional may suffer harm to their reputation, and current or prospective clients may be less willing to do business with them.

Talk to a Knowledgeable OWI Defense Attorney About Your Legal Matter Today

A criminal OWI charge or conviction can have devastating consequences on your life. The best way to avoid these consequences is to try and avoid a criminal conviction in the first place. To schedule a free case evaluation and legal consultation with an experienced OWI defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online for more information about how we could assist.

Finding the Right Criminal Defense Lawyer for You

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 06 Apr 2022 15:37:51 GMT

If you are currently facing one or more criminal charges, it is essential that you have a knowledgeable and experienced criminal defense lawyer advocating for you every step of the way. However, not all criminal defense lawyers are the same. You want an attorney on your side who has experience defending clients against your particular criminal charge and who frequently deals with state prosecutors. You also want a lawyer on your side who is ethical and who regularly (and successfully) takes criminal matters to bench and jury trials.

At Cohen Law Offices, our legal team has the expertise, ethics, and skills to successfully handle every aspect of your criminal case, from favorably negotiating with state prosecutors, to litigating your case, to presenting your case before a judge or jury in court.

Experience Handling Your Particular Criminal Charge

In a criminal case, you want an attorney representing you who regularly defends individuals who are facing your particular criminal charge. Therefore, if you are currently charged with committing a robbery, you want a lawyer on your side who regularly defends individuals accused of committing violent offenses. You also want a lawyer on your side who has a favorable track record of success. When you meet with a prospective attorney, you should ask them about their success rate and how many clients they have previously represented with similar criminal charges. You will then be in a position to make an informed decision about whether to retain the services of a particular criminal defense attorney.

Experience in Court

Moreover, when deciding upon a criminal defense attorney to represent you, you want a lawyer on your side who has a good rapport with prosecutors and who regularly handles criminal court matters. Having a good rapport with criminal prosecutors can be beneficial when it comes to negotiating a favorable plea deal in your case. A prosecutor might be inclined to give you a more favorable deal if they have a good working relationship with your criminal defense lawyer. Moreover, if your case has to go to a criminal bench or jury trial, you want a lawyer on your side who regularly tries criminal cases to a conclusion and has a rapport with the judges who facilitate those matters. Handling a criminal court case, especially a jury trial, is much different than a civil trial. Therefore, you want a lawyer who has a strong track record of success in the criminal courtroom – and most importantly, one who is ethical.

Talk to a Knowledgeable Criminal Defense Attorney About Your Legal Matter Today

When you are looking for legal representation in a criminal matter, you want a lawyer on your side who is good for both you and your case. To schedule a free case evaluation and legal consultation with an experienced criminal defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online for more information about how we could help.

Is Marijuana Possession Still a Criminal Offense? Possessing, selling, and manufacturing marijuana is illegal under Wisconsin law, and a conviction can land you in hot water. Moreover, if you are foun

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 30 Mar 2022 15:42:52 GMT

Possessing, selling, and manufacturing marijuana is illegal under Wisconsin law, and a conviction can land you in hot water. Moreover, if you are found in possession of a significantly large quantity of marijuana, you could face a possession charge with intent to distribute. If drug paraphernalia is found nearby, you could be charged with possession of drug paraphernalia.

A conviction for marijuana possession can result in serious legal penalties and collateral consequences. A first-time marijuana possession conviction could lead to a maximum of six months of incarceration, along with a $1,000 monetary fine. Possessing larger quantities can result in even harsher penalties.

If you are currently facing a criminal drug charge, it is essential that you have a knowledgeable criminal defense lawyer representing you at every stage of your case.

At Cohen Law Offices, our legal team will advocate for you and work to help you obtain the best possible result in your case. In some instances, that might be a favorable plea deal with the prosecution, while at other times, it may be a favorable verdict at trial.

What Does It Mean to Possess a Drug?

There are two types of drug possession that could result in a criminal charge: actual possession and constructive possession. A person is in actual possession of a drug, such as marijuana, if a police officer finds the drug directly on their person. For example, the police officer might confiscate the drug from their hands or off the ground if they see the person drop it.

A person constructively possesses a drug when the drug is found in the individual’s immediate vicinity or reach area. For example, if a police officer searches a car and finds the drug in the back seat, anyone occupying the car could face a constructive drug possession charge.

Common Defenses to Criminal Drug Possession Charges

If you are facing a marijuana possession charge, there are several legal defenses that you might raise in your case. First of all, you could allege that the drug did not belong to you or that you did not have control over it. For example, if you were riding in someone else’s car and the drugs were found in the glove compartment, you could allege that you did not own the car or have control over the vehicle. Likewise, if you were not aware that the drug was present in a location where the police officer found it, you could allege a lack of knowledge or intent as a legal defense to your charge

Call a Skilled Criminal Defense Attorney About Your Legal Matter Today

At Cohen Law Offices, our legal team can assist you with every aspect of your defense. To schedule a free case evaluation and legal consultation with an experienced criminal defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online for more information.

Talking to the Police is More Likely to Hurt Your Case than Help It

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 22 Mar 2022 17:48:26 GMT

After being arrested on a criminal offense, police officers may try and ask you certain questions. If they do this, however, you should insist upon the presence of legal counsel. Otherwise, anything that you say could be used against you by the state prosecuting attorney at trial – or at some other point in your case. It is important that you assert your legal right to the presence of counsel immediately after your arrest.

The skilled team of criminal defense attorneys at Cohen Law Offices can safeguard your legal rights – including your right to the presence of counsel – while your criminal case is pending. Our attorneys will work hard to ensure that you obtain the best possible result that’s available to you in your criminal case.

Fifth Amendment Right against Self-Incrimination

Individuals who are facing arrest have a Fifth Amendment right against self-incrimination. This means that they do not have to answer questions beyond the general intake questions that a police officer poses to them. A person’s legal rights are outlined in the Supreme Court case of Miranda v. Arizona. Specifically, a police officer must inform the arrestee of the following:

· That they have a right to remain silent

· That anything they say could be used against them in court

· That they have a right to the presence of an attorney during questioning

· That if they cannot afford an attorney, a court will provide one and make the attorney available to them free of charge

Although an arresting police officer does not have to use this language precisely, a Miranda warning must encapsulate all four of these legal prongs to suffice.

Asserting a Right to the Presence of Counsel

When an arrestee insists upon the presence of counsel during question, a police officer must immediately accommodate that request and stop their questioning. However, if the arrestee does not insist upon a lawyer’s presence at that time, then anything the person says could be used against them later on. For example, if an arrestee confesses to committing the crime, a state prosecuting attorney could use that confession against the arrestee at a later time, including at trial.

Police officers will oftentimes be very aggressive in their questioning, and they are not going to do you any favors in your criminal case. Therefore, anything substantive that you say to them will likely have a negative impact on your case result. Your best bet is to insist upon the presence of (and right to) legal counsel and keep quiet.

Call Cohen Law Offices Today

The skilled attorneys at Cohen Law Offices are ready to help you defend against your pending criminal charge. To schedule a free case evaluation and legal consultation with an experienced defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Sexual Assault Charges: Frequently Asked Questions

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 15 Mar 2022 16:09:05 GMT

Sexual assault is one of the most serious criminal offenses that a person can face in Wisconsin. If a prosecutor is able to satisfy the legal elements of a sexual assault charge beyond a reasonable doubt, then the accused could face severe criminal penalties – including possible incarceration and monetary fines.

If you are facing a criminal sexual assault charge, it is important that you speak with a knowledgeable criminal defense attorney as soon as possible about your case. At Cohen Law Offices, our legal team can explain your legal options to you, defend you against your criminal charge, and work to safeguard your legal rights while your criminal case is pending.

What are the Various Degrees of Wisconsin Criminal Sexual Assault Charges?

The State of Wisconsin recognizes four degrees of criminal sexual assault. A person can face first-degree sexual assault charges for committing an act of sexual intercourse or contact with another person without their consent – and which results in significant bodily harm or pregnancy; when threatening the alleged victim with a dangerous weapon; or when assisted by someone else and the incident happens because of violence or threats of violence.

A second-degree assault charge can result from non-consensual sexual intercourse or contact that uses and force, and when the incident causes the victim to suffer an injury, illness, or mental distress that requires psychiatric care; when the alleged victim suffers from a mental deficiency (or when the victim is not able to provide consent, such as when they are intoxicated or unconscious); if the sexual intercourse or contact occurred with a prisoner or parolee; or when someone else aids and abets the perpetrator.

A person could be charged with third-degree sexual assault for any other type of non-consensual intercourse. Finally, a fourth-degree sexual assault charge can result from non-consensual sexual touching.

What are the Penalties for Sexual Assault in Wisconsin?

A person who sustains a first-degree assault conviction could receive a maximum of 60 years of incarceration. A second-degree sexual assault conviction can result in a maximum of 40 years of incarceration, along with a maximum fine of $100,000. A third-degree sexual assault conviction can lead to a maximum of 10 years in jail, along with a maximum $25,000 fine. Finally, a fourth-degree sexual assault conviction can lead to a maximum of nine months of incarceration, along with a maximum $10,000 fine.

Contact a Criminal Defense Attorney Today

If you are facing a criminal sexual assault charge in Wisconsin, it is essential that you have a knowledgeable and experienced attorney representing you right away. The skilled attorneys at Cohen Law Offices can listen to your version of events, safeguard your legal rights, and develop a plan for moving forward.

To schedule a free case evaluation and legal consultation with a knowledgeable criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Students: Don’t Let a Drug Conviction Affect Your Future

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 08 Mar 2022 15:39:48 GMT

A criminal drug conviction can have a serious, lasting impact on prospective college and university students – and on young people in general. If you are ultimately convicted on a criminal drug possession or distribution charge, you could be looking at potential jail time, fines, probation, and other legal consequences. Also, if you are in the process of applying to a college or university, the educational institution might deny your admission if you have a criminal drug charge or conviction on your record.

If you are currently facing a criminal drug charge, the knowledgeable team of drug crime defense attorneys at Cohen Law Offices is ready to help you. Our legal team could assert one or more legal defenses on your behalf and will do everything possible to help you avoid a criminal drug conviction – as well as the potential consequences.

Types of Criminal Drug Charges

Criminal drug charges range in scope and severity. A person might incur a drug possession charge if a law enforcement officer fined drugs or drug paraphernalia directly on their person or in their immediate reach area. If they have a sufficient amount of drugs in their possession, they could incur a charge for drug possession with the intent to distribute. They might also be faced with a conspiracy charge if there is an agreement between two or more people to engage in drug trafficking or distribution.

Potential Consequences of a Drug Conviction

Criminal drug charges can incur serious penalties if the person is ultimately convicted of the offense. When it comes to guilty findings and convictions, the state prosecutor has the legal burden of proof. Specifically, they must prove the legal elements of their case beyond a reasonable doubt. Potential legal consequences of a drug crime conviction will depend upon the specific charge, but they could include fines, jail time, community service, and probation.

In addition, a drug conviction can lead to numerous collateral consequences. In today’s online environment, educational institutions regularly check prospective students’ criminal backgrounds. If they find a drug conviction on a prospective student’s record, they could deny the student admission to the educational institution. Moreover, some schools will cut off scholarship funds for current students if they find a serious criminal conviction, including a drug charge, on their record.

Call Cohen Law Offices Today to Schedule a Free Consultations

Criminal drug crime arrests and convictions can have serious consequences. If you are facing a criminal charge for drug possession, distribution, trafficking, or paraphernalia, the skilled attorneys at Cohen Law Offices are ready to help. We can discuss the circumstances leading up to your arrest with you and help you determine your legal options going forward.

To schedule a free case evaluation and legal consultation with an experienced drug crime defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Is a First-Time OWI Really that Bad?

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 02 Mar 2022 15:36:21 GMT

OWI stands for operating while intoxicated. If a person is arrested and ultimately convicted of an OWI offense in Wisconsin, they could suffer serious consequences which might have long-term impacts on their lives. If a police officer has arrested you on an OWI charge, it is important that you immediately speak with a knowledgeable criminal defense attorney right away. You should also be sure not to answer any questions without insisting that you first have a lawyer present with you at that time. Police officers are never on your side, and they are going to do everything that they possibly can to try and get you to say something incriminating about your case.

The Basics of an OWI Conviction

“In order for you to be convicted of a civil OWI in Wisconsin, the prosecuting agency has to satisfy their legal burden of proof. Specifically, they must be able to establish that you committed the offense by clear and convincing evidence. A motor vehicle driver is per se intoxicated if they have a blood alcohol concentration (BAC) of 0.08 percent or greater.”

When it comes to drunk driving charges, your lawyer might be able to introduce various legal defenses on your behalf. For example, they could argue that the breathalyzer equipment was defective at the time or that a field sobriety test was deficient in some way.

Potential Consequences of an OWI Conviction

If you were ultimately convicted on an OWI offense, it will be left up to a judge to sentence you. An OWI conviction often comes with numerous legal penalties, including potential fines, jail time (even on a first-time offense), probation, and community service. An OWI conviction could also come with numerous administrative penalties, including loss of a license for a period of time and/or mandatory installation of an ignition interlock device on your vehicle.

Finally, OWI convictions can result in significant collateral consequences. This is especially true in today's society, where individuals have easy access to online criminal records. Having even one OWI conviction on your record can make it difficult to get a job, gain admission to a college or university, or get a professional license. Fortunately, when you have a skilled defense lawyer on board in your case, you have a better chance of beating your OWI charge – or, if you are ultimately convicted, lessening the potential consequences of the conviction.

Talk to an Experienced OWI Defense Attorney about Your Legal Matter Today

The experienced attorneys at Cohen Law Offices can assist you with defending against your criminal OWI charge. To schedule a free case evaluation and legal consultation with an experienced OWI defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Defending Against Drug Dealing Charges

mike@cohenlawofficesec.com (Michael Cohen) — Mon, 21 Feb 2022 20:36:19 GMT

Criminal drug charges, including those that involve drug dealing, possession, and distribution, can lead to serious penalties if you are ultimately convicted. A judge could sentence you to jail time, monetary fines, probation, and community service – or impose other serious consequences. Fortunately, however, you might be able to assert one or more legal defenses to a criminal drug dealing charge.

If you are facing criminal drug dealing charges, it is extremely important that you have knowledgeable legal representation in your corner advocating for you and safeguarding your rights at all times. The knowledgeable criminal defense attorneys at Cohen Law Offices can represent you throughout your case and help you obtain the best possible result.

Legal Burden of Proof

In a case that involves criminal drug charges, the prosecution has the legal burden of proof. Specifically, the prosecutor who is handling the case needs to demonstrate – beyond a reasonable doubt – that a drug crime was committed and that you were the one who committed it or took part in it (such as with a drug dealing conspiracy charge). This can be an uphill mountain for the prosecution to satisfy.

As a criminal defendant in a drug case, you do not need to prove anything. However, there are several legal defenses that your lawyer might be able to advance on your behalf in the case.

Specific Legal Defenses Available to You

Depending upon the circumstances of your case, an attorney might be able to advance one or more legal defenses in court on your behalf. Potential defenses to drug dealing criminal charges include the following:

· Alibi

· Mistaken identity

· Lack of agreement (in the case of a drug dealing conspiracy charge)

· Lack of knowledge

· Lack of the necessary criminal intent

If the drug dealing criminal charge also involved a possession charge, your lawyer might be able to argue, for example, that you were unaware that the drugs and/or drug paraphernalia were present at the location of your arrest. An experienced drug crimes defense attorney can help you explore which of these legal defenses you might be eligible to successfully argue at a criminal trial.

Talk to a Knowledgeable Criminal Defense Attorney about Your Legal Matter Today

When it comes to criminal drug dealing and other drug-related charges, it is essential that you have a knowledgeable attorney representing you throughout your case. A conviction could not only affect your freedom, but it could also lead to numerous collateral consequences, including the inability to find a job, go to school, or find a place to live. If you are facing criminal drug charges, our experienced legal team is ready to assist with defending you in your case.

To schedule a free case evaluation and legal consultation with an experienced criminal defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Common Legal Defenses Used in Domestic Abuse Cases

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 02 Feb 2022 16:41:36 GMT

A conviction for a domestic violence or abuse crime is serious business, and it can lead to devastating consequences – both legal and personal – for the accused individual. If you are ultimately convicted on a domestic violence offense by a court or jury, a sentencing judge could impose jail time, monetary fines, probation, and other serious consequences. In addition, A judge may prohibit you from contacting loved ones, including your children.

When it comes to proving a domestic abuse criminal charge, the prosecutor who is handling your case has the legal burden. The prosecutor must therefore satisfy all of the necessary legal elements, or else your case could wind up getting dismissed. As a criminal defendant, you do not have to prove anything. However, your attorney might be able to advance several legal defenses on your behalf to help convince a judge or jury to decide the case in your favor.

If you are facing criminal domestic violence charges, it is essential that you have a knowledgeable criminal defense attorney representing you throughout your case. The knowledgeable criminal defense attorneys at Cohen Law Offices welcome the opportunity to advocate for you and work for the best possible legal result in your case.

For more information about how we could assist with defending you, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

You Didn’t Commit the Domestic Abuse Crime

One variation of a common legal defense to a domestic abuse charge is that you simply did not commit the alleged wrongful act. In order to advance this defense, your attorney will try to gather evidence that you were somewhere else or that an eyewitness observed another person commit the alleged violent act of abuse.

The Alleged Victim Was Lying

Another common defense to a domestic violence charge is that the alleged victim was untruthful regarding the facts. In order to bolster this legal defense, your attorney will likely look for evidence that the alleged victim had a motive to lie. For example, you might have been involved in a messy divorce proceeding, and the alleged victim – who is your ex-spouse – may be trying to seek retribution against you by filing the domestic abuse charge. In addition, your attorney may seek circumstantial evidence that call the veracity of the other party’s statements into question.

You were Acting in Self-Defense

Another common defense to a criminal domestic violence charge is that you were attempting to defend yourself. For example, the alleged victim may have been the initial aggressor, and you were using a proportionate amount of force to prevent death or serious bodily harm to yourself or someone else. Self-defense is a complete defense, and if you can demonstrate to a judge or jury that you were defending yourself, your charge could wind up getting dismissed.

Contact an Experienced Criminal Defense Attorney about Your Legal Matter Today

When it comes to domestic abuse criminal charges, the potential consequences are too great to try and represent yourself in a legal claim. It is essential that you have knowledgeable and skilled legal representation in your corner at every stage of your case, from beginning to end. At Cohen Law Offices, our legal team will do everything possible to advance your interests and get you the best result possible.

To schedule a free case evaluation and legal consultation with an experienced criminal defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

What Does It Mean to be a Registered Sex Offender?

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 26 Jan 2022 21:22:09 GMT

A conviction for a sex offense could result in your having to register as a sex offender on the Wisconsin Sex Offender Registry. This registry is searchable by members of the general public, including prospective employers, educational institutions, landlords, and others. Consequently, if you are facing a sex crime charge or if you have recently been convicted, you want to do everything possible to avoid having to register as a sex offender.

Persons Who Must Register as a Sex Offender in Wisconsin

There are several categories of individuals who are required to register as sex offenders in Wisconsin. These include individuals who have committed a sex offense against a minor, been found guilty, or were convicted of soliciting sex with a minor or possessing child pornography. A full list of registrable sex offenses can be found in the Wisconsin Criminal Code.

Length of Registration

In the State of Wisconsin, a convicted sex offender will need to comply with the registration requirements for a period of 15 years – or in some instances, for a lifetime – depending upon the exact conviction which he or she sustained and the applicable statutory provision. In some instances, a court might specifically require lifetime registration as a sex offender.

Specific Reporting Requirements

There are also specific reporting requirements that go along with registering as a sex offender. Specifically, in Wisconsin, a convicted offender will need to update his or her address information and employment information within 10 days after a change occurs. Moreover, in the event a person fails to comply with certain sex offender registration requirements, they could be facing a whole new set of criminal charges. Therefore, it is essential that a registered sex offender understand all of the requirements and comply with them in full.

Contact a Skilled Criminal Defense Attorney about Your Legal Matter Today

If you are currently facing a sex crime charge, or if you have already been convicted, it is essential that you have an experienced lawyer advocating for you. Your attorney will be able to safeguard your legal rights and could defend you against the criminal charge in court. This may prevent you from having to register as a sex offender in the first place. If you are ultimately convicted, your attorney could work to ensure that you comply with all of the specific requirements to prevent more serious consequences.

To schedule a free case evaluation and legal consultation with an experienced criminal defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Can You Call a Criminal Defense Lawyer Before You’ve Been Charged?

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 19 Jan 2022 21:24:11 GMT

If you have been arrested in a criminal case but have not yet been formally charged with committing a crime, it is essential that you speak with a knowledgeable attorney as soon as possible. A lawyer will be able to safeguard your legal rights and ensure that they remain protected from the time you’re arrested until the conclusion of your criminal case. If you’ve been arrested, the knowledgeable criminal defense attorneys at Cohen Law Offices are ready to help you.

Fifth Amendment Right against Self-Incrimination

Under the Fifth Amendment to the United States Constitution, a person has a right against self-incrimination. Moreover, under the four corners of the landmark United States Supreme Court case of Miranda v. Arizona, a person who is in police custody following an arrest must be apprised of the following:

· They have the right to remain silent

· Anything they say can be used against them in a court of law

· They have a legal right to the presence of an attorney

· If they cannot afford an attorney, one will be provided for them by the Court (such as through the Office of the Public Defender)

The arresting officer must notify the suspect of these ‘four corners’ of Miranda, and if the suspect waives those rights, the waiver must be knowing, intelligent, and voluntary. In practice, you should always insist upon having an attorney present prior to volunteering any information about the incident or answering any questions posed by police officers.

Don’t Say Anything to a Police Officer Until You Speak with a Lawyer

If you have been arrested by a police officer, it is important that you not speak with the officer about the incident or answer questions. Instead, you should immediately insist upon the presence of an attorney – preferably in person – before answering any questions or discussing the matter in any way. If you do volunteer information, then that information could be used against you by the prosecution in your criminal case.

When you have a lawyer present, on the other hand, he/she can advise you when to answer a question and when to remain silent. Your lawyer could also object and inform the interrogator that you’re not going to answer a specific question.

Having a lawyer present following an arrest – but before criminal charges are brought – is essential and can sometimes be a deal-breaker in a criminal case. Don’t risk going it alone and potentially saying something that could ultimately put your long-term freedom in jeopardy.

Talk to a Knowledgeable Criminal Defense Attorney about Your Legal Matter Today

The experienced attorneys at Cohen Law Offices are ready to assist you with handling every aspect of your criminal matter. To schedule a free case evaluation and legal consultation with an experienced criminal defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Arrested for Drunk Driving on New Year’s Eve? Here’s What’s at Stake

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 12 Jan 2022 16:41:22 GMT

New Year’s Eve is a time for many people to attend parties and other events where alcohol is served. It is also a night when police officers are actively pursuing drunk drivers who are out on the road. If you sustain an arrest or conviction for operating a motor vehicle while under the influence of drugs or alcohol, you could be facing serious legal consequences. There are also numerous collateral consequences that you could be facing – especially if you are a student or an employee. When you have a drunk driving conviction on your criminal record, it will be easy for employers and educational institutions to view.

If you have been arrested for drunk driving on New Year’s Eve, it is essential that you have knowledgeable legal representation in your criminal case. The experienced drunk driving attorneys at Cohen Law Offices can represent you during every stage of your case, as well as at all court hearings and trials. For more information about how we could assist with defending you against your criminal drunk driving charge, please call Cohen Law Offices today at (715) 514-5051.

Legal Consequences of a Drunk Driving Conviction

The State of Wisconsin prohibits individuals aged 21 and over from operating a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher, as this amounts to per se intoxication. Upon arrest, the prosecutor needs to prove that at the time of arrest, the driver was intoxicated beyond a reasonable doubt. If you are convicted of OWI in Wisconsin, you can face:

· Monetary fines

· Jail time

· Community service

· Mandatory installation of an ignition interlock device on your vehicle

· Probation

· License suspension/revocation and loss of driving privileges

Collateral Consequences of a Drunk Driving Conviction

Drunk driving convictions also come with numerous collateral consequences. This is because educational institutions and prospective employers regularly check individuals’ criminal records. When a person has a drunk driving arrest or conviction on his/her record, it could negatively impact a decision. Some of the most common collateral consequences associated with drunk driving arrests and convictions include:

· Loss of a job

· Denial of a job application

· Difficulty renting an apartment

· Damage to professional reputation in the community

An experienced drunk driving attorney could help you avoid some or all of these consequences by advocating for you in court, advancing a strong defense on your behalf, and/or by arguing for a term of probation. If you successfully complete your probation, you might be able to avoid a conviction altogether.

Speak with an Experienced Drunk Driving Attorney about Your Legal Matter Today

When it comes to drunk driving arrests, there’s a lot at stake. The skilled attorneys at Cohen Law Offices can review the circumstances of your drunk driving arrest with you and work to defend you against your criminal charge. To schedule a free case evaluation and legal consultation with an experienced drunk driving lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Questions and Answers About Miranda Rights

Wed, 05 Jan 2022 19:00:45 GMT

What Are the Penalties for Possession of Marijuana for Personal Use?

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 05 Jan 2022 15:59:56 GMT

There are different penalties under the law when you are convicted of possession of marijuana for personal use, as opposed to possession with intent to distribute. The penalties for possession for personal use are less serious, yet they can still have a significant effect on your life. When you hire an attorney, you may be able to get a lesser penalty that could allow you to rehabilitate instead of punishing you.

Even Misdemeanors Can Have Consequences

The first offense for possession of marijuana for personal use is a misdemeanor. It does not matter how much marijuana law enforcement claims that you had. Still, there is a possibility of a jail sentence of up to six months and a $1,000 fine. In reality, the usual penalties are somewhat light, although the mere fact that you have been convicted can be a problem for you on many fronts. Wisconsin currently has strict expungement laws, so this conviction can remain on your record for a long time, assuming that it is even able to come off at all. In the meantime, you could lose:

● Certain benefits, such as student aid

● Some or all of your legal custody rights

● Your job

Second offenses will bring about stricter penalties. Any second offense or subsequent offense is charged as a felony. The possible jail sentence can reach 3 ½ years with a fine of up to $10,000. Felonies are even tougher to remove from a criminal record and can cost you the right to own a firearm.

You May Be Able to Get Lesser Penalties or Fight the Charges

First offenses for possession of marijuana do not have to result in jail time, or even a lasting criminal record. Wisconsin has drug courts that can deal with these offenses. Your attorney may be able to get you into court-ordered treatment. You may even be able to emerge without a criminal record. In order to negotiate with the prosecutor, you need an attorney who knows how to deal with law enforcement. Drug arrests do not have to result in the worst-case scenario and definitely not six months in jail.

You also have the option of fighting the charges, especially when police have violated your legal rights. Marijuana possession charges often come after a search. In some cases, police do not have probable cause to execute a search, or they subject you to an unreasonable search. If that is the case, then your lawyer can move to suppress the evidence against you, possibly leading to the charges being thrown out. The important thing is to know your legal rights and have an experienced attorney in your corner working for you. Otherwise, you may end up facing a harsh sentence for a crime that is viewed as minor.

Contact a Criminal Defense Attorney for Help with Drug Charges

Call the experienced attorneys at The Cohen Law Offices at (715) 514-5051 or contact us online to schedule an initial consultation. You should never try to face drug charges alone.

Is There a Statute of Limitations on Sex Crime Allegations?

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 28 Dec 2021 16:12:28 GMT

Wisconsin law tries to give prosecutors all the tools that they think they will need in order to prosecute allegations of sex crimes. One way that the law does this is by giving prosecutors more time to bring charges for certain sex crimes. The statute of limitations for the charge depends on the type of sex crime.

The Statute of Limitations Is Waived or Lengthened for Many Sex Crimes

For some serious cases, Wisconsin law waives the statute of limitations for sex crimes in its entirety. That means that prosecutors have an unlimited amount of time to file charges, even decades later. The statute of limitations is completely waived for the following charges:

● First-degree sexual assault

● First-degree sexual assault of a child

● Repeated acts of sexual assault of the same child for certain serious offenses

Some victims of sexual assault do not come forward until years later. These laws allow prosecutors to file charges no matter if the person states the allegations well into their adult years. Law enforcement can charge adults decades later if they allegedly assaulted a child regularly.

For other alleged sex crimes against children, prosecutors still have a lengthened period of time to file charges. There is a long list of sex crimes that provide that a defendant can still be charged until the time that the child grows up and turns 45 years old. This list includes second-degree sexual assault and sexual exploitation of a child.

While the general statute of limitations for felonies in Wisconsin is six years, there is a longer period for other sex crimes, even if a child is not involved. For example, the statute of limitations for second and third-degree sexual assault is ten years. Finally, there is a six-year period to bring charges against an adult for exposing their genital area.

You Can Fight Charges Filed Years Later

When charges are filed many years after the fact, recollections may be hazy. However, the law tries to encourage people to come forward many years later because there is a strong legal interest in holding guilty people accountable. Nonetheless, there is an opening to defend against sex crimes charges that are filed many years afterward because memories can fade and evidence can be lost. If you have been charged with one of these crimes decades later, you have a possible legal defense.

If you have been contacted by law enforcement or learn that you are under investigation, you need to call a lawyer immediately. Even if the charges relate to very old allegations, you could still make serious mistakes on your own. Your legal rights are the same no matter when the case is filed.

Call an Experienced Criminal Defense Lawyer

Call the attorneys at The Cohen Law Offices at (715) 514-5051 or contact us online to discuss your sensitive legal matter. We believe that everyone deserves the strongest possible legal defense and will fight for you no matter the allegations.

Should You Go to Trial?

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 22 Dec 2021 17:11:07 GMT

In any criminal case, you are forced to make difficult choices. It is never an easy situation. Perhaps the most critical choice that you will have to make is whether to fight the charges at trial or agree to a plea deal with the prosecutor. This is a tough decision that you should make based on the advice of an experienced criminal defense attorney.

There are definite risks to going to trial in a criminal case. If you are found guilty, you risk more punishment than you would have received had you taken a plea deal (if it was offered). It is often easier to negotiate with the prosecutor because it reduces some of your risk. You may be able to get a favorable deal that punishes you far less than the maximum sentence for a crime.

You Have the Right to a Jury Trial

However, this is not to say that you should plead guilty when you are not guilty. You have the legal right and ability to a trial by a jury of your peers. After all, the prosecutor has the legal obligation to prove the charges beyond a reasonable doubt. If you are innocent, the chances are that the prosecutor will not be able to marshal the evidence necessary to convict you. Your attorney could protect you by objecting to illegal evidence and preventing violations of your legal rights.

The ultimate decision depends on both the facts of your case and your own personal considerations. There could be numerous ramifications of a conviction besides jail time. These include:

● Possible loss of your job, or the ability to get a job

● Threats to your legal and physical custody of your children

● Loss of the ability to own a firearm

Wisconsin currently has very strict expungement laws on the books (although these may change in the near future). Your conviction may be on your criminal record for a long time to come.

Your Lawyer Works for the Best Legal Outcome

This is not to say that you should always fight criminal charges. You may be able to obtain the best possible legal outcome by taking a plea deal. However, this is a decision that you need to think carefully about, given the ramifications. You should always get legal advice from an experienced attorney before you make any decisions. Your attorney will explain your legal options, along with the pros and cons of each course of action. Ultimately, it is your decision, but it is not one that you will make on your own. This is why you need a commonsense and practical attorney who knows how to deal with prosecutors and fight for your legal rights.

Contact an Experienced Criminal Defense Lawyer

The experienced attorneys at The Cohen Law Offices can help you consider all aspects of your case in helping you reach the right decisions. Call us today at (715) 514-5051 , or contact us online to speak with one of our knowledgeable attorneys. Get the legal help you need today!

Domestic Assault Allegations Spike Around the Holidays

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 14 Dec 2021 15:36:53 GMT

The holidays are usually a happy time when families are together. Unfortunately, in some cases, that proximity can lead to things other than happiness. There are a number of reasons for a spike in domestic assault allegations during the holiday season.

Why Domestic Violence Allegations May Increase

One reason for a possible increase in domestic assault is that families spend more time together. This gives people more opportunity to be in conflict with each other because they are physically closer. While they may spend more time apart during the rest of the year, there is far more family time during the holidays.

In addition, alcohol consumption increases around the holiday time. Alcohol is one of the leading contributors to domestic violence because people who have been drinking often lose control of their emotions and their reactions. According to one study , two-thirds of domestic violence victims report that the alleged perpetrator had been drinking before the incident.

Another factor is that couples may argue over holiday spending. While the holidays are supposed to be a joyous time, they also lead to stress because families are spending far more money on gifts and entertainment. Money is one of the leading reasons why couples fight, and those concerns are greater over the holidays.

Finally, the fact that extended families are together also can cause stress and disagreement. Couples often have tension when parents and siblings are in the home, especially when everyone does not get along. There are more situations that come up that could cause stress when a couple has a full home or attends holiday parties.

Defending Domestic Violence Allegations

To be clear, these are not justifications for domestic violence. They are just explanations why there are more cases around the holidays. Still, this does not mean that everyone who has been charged with domestic violence is guilty. Law enforcement may err on the side of making more arrests over the holiday season because their judgment tells them that it is necessary to keep people safe.

You can still defend domestic violence charges against you. In many cases, the officer at the scene decides to make an arrest. However, it is up to the prosecutor to file the charges. Your lawyer can tell your story to the prosecutor, and they may not even end up filing charges. Things may be far different from what the officer thought at the scene. If you have been charged, you can use some of the following defenses:

● You were acting in self-defense

● You did not mean to make physical contact

● The allegations are false

● There is no evidence to convict you

Call a Criminal Defense Lawyer

If you have been charged with domestic violence, you need an experienced lawyer immediately. Call the Cohen Law Offices today at (715) 514-5051 , or contact us online to schedule a consultation. Our dedicated lawyers will explain your legal options and help you with a strategy.

Expect Increased OWI Enforcement this Holiday Season

mike@cohenlawofficesec.com (Michael Cohen) — Fri, 10 Dec 2021 15:30:19 GMT

Police officers are out in large numbers enforcing Wisconsin OWI laws. They are literally out looking to make as many arrests as possible. Every year, Wisconsin police launch a “Drive Sober or Get Pulled Over” campaign. This starts around Thanksgiving and carries through the New Year. Although Wisconsin does not have sobriety checkpoints, this does not stop law enforcement from aggressively trying to make arrests. There are more police officers on the road, and they are looking to make arrests. The increased enforcement could lead to mistakes that result in flawed charges.

Officers Are Eager to Make Arrests During Enforcement Campaigns

Police often hang out in areas where they think that people may be drinking. It is not uncommon for them to be around bars and restaurants, knowing that there is a higher chance that people leaving these establishments may have been drinking. Wisconsin ranks among the top ten states in the U.S. in drunk driving arrests per capita, and many of those arrests are made during the holidays. Officers typically feel under pressure to stop drivers on suspicion of OWI. Even with increased enforcement, drunk driving accidents are up across the state.

The sustained OWI campaign throughout Wisconsin may result in overaggressive enforcement of the laws. Officers can pull over and arrest people without the probable cause to do so. They may take shortcuts with the evidence that is necessary to convict a driver. For law enforcement, OWI enforcement is often a numbers game, with prosecutors looking to secure a guilty plea and move the case off their desk as soon as possible. If you find yourself facing charges during this time, it will definitely put a damper on your holidays. This is even more true when there are legal issues with the charges.

There May Be Defenses Available

If you have been charged with OWI during the busy holiday season, you may be able to defend the case. One key part of every OWI case is the officer’s observations. These supplement the sobriety and blood alcohol tests. When officers are in the middle of an OWI enforcement campaign, they may cut corners in order to make the arrest. Their observations and recollections may not be as careful and correct as they otherwise would, and you can challenge them. You can also present witnesses of your own who can disagree with the officer’s observations.

In addition, you could challenge the physical evidence against you. When law enforcement is making an increased number of arrests, there could be something wrong with their testing procedures and how the test results are handled. In the end, law enforcement needs valid evidence to convict you of the charges.

Contact a Criminal Defense Attorney

The experienced attorneys at The Cohen Law Offices are here for you when you find yourself facing OWI charges. You do not have to deal with your legal situation on your own. Contact us online or call us today at (715) 514-5051 to schedule your initial consultation.

Frequently Asked Questions About Vehicular Homicide

Tue, 30 Nov 2021 18:14:54 GMT

An incident behind the wheel that leads to someone else's death must surely rank high on any driver's list of nightmare scenarios. If you caused a death due to either impaired driving skills or negligent driving practices, you may find yourself charged with vehicular homicide, which counts as a felony under Wisconsin law.

The more you understand the definitions, nuances, and categories of vehicular homicide laws and penalties, the more easily you can work with your defense attorney to pursue the smartest possible defense strategies. Start by perusing the answers to these frequently asked vehicular homicide questions.

How Does the Law Define Vehicular Homicide?

In the broadest sense of the term, vehicular homicide involves accidental death due to the actions of a motor vehicle operator. Different states categorize this crime in various ways. States with no specific vehicular homicide laws may apply more general charges, such as negligent homicide.

Wisconsin law divides vehicular homicide into two primary categories. In homicide by negligent operation, a driver fails to drive with the standard of care expected from a reasonable person. In homicide by intoxicated operation, alcohol or drugs fatally impair the driver's judgment and coordination.

What Actions Might Count as Negligent or Intoxicated Operation?

Some states take a graded approach to the concept of negligent operation in vehicular homicide cases, differentiating between everyday driver errors that lead to death and acts of gross negligence. Wisconsin includes any kind of driver error that the driver reasonably could have (and should have) avoided as negligent operation.

Intoxicated operation may occur due to excess consumption of alcohol, illicit or prescription drugs, or any combination of the two. Wisconsin law defines alcohol intoxication as a blood alcohol level of .08 percent or higher. Any amount of a controlled substance may also serve to establish intoxication. When this is established, you are considered to be operating a vehicle while intoxicated (OWI).

How Do Prosecutors Show Negligent or Intoxicated Operation?

In any kind of vehicular homicide charge, the prosecution must establish that you actually drove the vehicle at the time of the accident, that you failed to drive safely and avoid preventable errors, and that your actions caused the death of another. The prosecution must prove you caused the death of another driver or vehicle occupant, a pedestrian, or even an unborn child.

In a case of homicide by negligent operation, the prosecution may present evidence that you engaged in distracted driving, fell asleep at the wheel, or drove in a reckless or illegal manner that caused death. In a case of intoxicated operation, the blood alcohol or controlled substance test results may prove crucial to the prosecution.

What Penalties Can You Face in a Vehicular Homicide Conviction?

The penalties you can face for vehicular homicide can vary. However, even a relatively simple case of vehicular homicide by negligent operation will count as a Class G felony . The penalties for a Class G felony in Wisconsin may include a fine of up to $25,000 and up to ten years in prison.

Vehicular homicide by intoxication carries heavier potential penalties than vehicular homicide by negligent operation. As a Class D felony, you can receive penalties of up to $100,000 in fines and up to 25 years of prison time. Previous OWI convictions or license suspensions can raise the potential prison sentence to 40 years.

How Do Attorneys Defend Clients Against Vehicular Homicide Charges?

The surface facts surrounding a vehicular homicide case can make such a charge difficult to defend. However, your attorney may find opportunities to pick holes in the prosecution's arguments and either get the case dismissed or reduce the degree of the crime.

Vehicular homicide by intoxication offers a prime example. If you drank and then drove, your blood alcohol level may not have risen to .08 percent or higher until after the police administered the test, meaning that the intoxicated state didn't legally exist at the time of the accident. Attorneys refer to this defense as retrograde extrapolation.

The mere fact of intoxication doesn't necessarily prove vehicular homicide by that particular cause. If your attorney can show that the accidental death actually occurred due to some other, unforeseeable incident, the court may dismiss the prosecution's case — although you might still face separate OWI charges.

In some cases, a skilled attorney may find ways to defeat prosecution based on negligent operation. For instance, if you fell asleep behind the wheel with no reason to expect such an occurrence — a very different situation from getting behind the wheel while aware of your exhausted state — the court may find you not guilty.

Circumstances beyond your control may also help you defend yourself against a vehicular homicide charge. For instance, if you can show that the pedestrian you hit suddenly ran out into the street before you could swerve, stop, or otherwise prevent a fatal impact, the court may dismiss the case as simple accidental death.

If you face the prospect of prison time and other devastating penalties due to a vehicular homicide charge, you need to engage skilled, experienced legal counsel as soon as possible. Contact Cohen Law Offices today to schedule a consultation, discuss your case with our experts, and start building your defense.

Using Text and Cell Phone Records in Sexual Assault Defense

mike@cohenlawofficesec.com (Michael Cohen) — Thu, 18 Nov 2021 17:05:10 GMT

When there is no physical evidence, many sexual assault cases come down to the accuser’s word against yours. Although you are innocent until proven guilty, it helps to have evidence on your side that can exonerate you. Cell phone and text records could provide some context about an encounter or relationship for law enforcement to consider or when your case is in front of a jury.

One major defense that people use when they have been charged with sexual assault is that the encounter was consensual. While it is difficult for law enforcement to place themselves in the room where it happened, texts and other communications could shed light on the parties’ frame of mind leading up to and even after the attack.

Messages That the Parties Exchanged Are Important

Cell phone records could show a pattern of communications right up to the time of the alleged assault. They may even show that the accuser had been seeking a sexual encounter with the defendant. At the same time, they could also reveal the defendant’s frame of mind leading up to the encounter. These are nearly contemporaneous communications that show what each party’s expectations were.

In addition, the two parties may have exchanged messages after the alleged attack. If the victim sends cordial and friendly texts to their alleged attacker, it is inconsistent with their story of a sexual assault. If the victim’s story changed in the hours of the encounter, any texts between the two should tell a story.

Cell Phone Records Can Tell Your Side of the Story

Cell phone records could also be used to place you in a different place than the accuser says you were at the time of the attack. Showing that you were on the phone when the alleged attack occurred could be an alibi. If you have a fitness tracker or anything with a working GPS, it could be used to show where you were when the alleged attack occurred. Police can do the same to you if they obtain a search warrant from the data location centers.

Text records can be subpoenaed from the phone company. However, the phone company will not give the content of the text messages, only that the texts were sent. If you have these texts on your phone, it is vital that you save them by taking a screenshot and backing them up. These can be used in your defense. Many stories come apart when the accuser is presented with evidence that they sent quite different messages to their alleged attacker than they are now claiming. Your attorney may even be able to show text messages to law enforcement when they are at the stage of considering whether to press charges.

Eau Claire Criminal Defense Attorneys

Call the Cohen Law Offices at (715) 514-5051 or contact us online . When you are facing sex assault charges, the early involvement of an attorney can help you with your defense. Law enforcement investigates these cases extensively before deciding to file charges. Hiring an attorney shows that you are taking steps to protect your own legal rights.

Strategies for Defending Against Your Domestic Violence Case

mike@cohenlawofficesec.com (Michael Cohen) — Thu, 11 Nov 2021 15:38:01 GMT

If you are convicted of domestic violence, you can face consequences the go beyond a jail sentence and a fine. You could also lose the right to own firearms and experience negative impacts on your custody case. Should you choose to defend against the charges, here are some strategies that you can use.

One of the key requirements for the prosecution’s case is that they show that you had the intent to commit the crime. You cannot commit domestic violence by accident. The burden of proof is on the prosecutors to show that you acted intentionally. If the act that prosecutors say was domestic violence was really an accident, then you cannot be convicted. They have the responsibility to bring the evidence necessary for conviction. However, you will need a defense and a story that shows why you could not have committed domestic violence.

Showing Self-Defense in Domestic Violence Cases

Self-defense is another commonly used defense against domestic violence charges. You have the legal ability to use a reasonable amount of self-defense if you feel threatened. However, that must be tailored to the situation. If you were attacked first, you could use some force to fight off the attacker and not be legally responsible for it. This condition can also include cases of mutual combat when both parties were attacking each other.

Self-defense also includes defending others, such as the children from the domestic partner. It may even extend to defending property. Whether you are successfully able to argue self-defense all depends on the facts of your own situation. You would need to show that a reasonable person would have felt some fear or danger from the other person’s actions.

Having an Attorney Speak to the Accuser to See If They Will Go Forward

Sometimes, domestic partners will just make up the charges out of vindictiveness. There is simply no evidence to support their claim. Although you are innocent until proven guilty, domestic violence is one area where you are better off bringing specific evidence to refute the charges, such as an alibi.

Even when there are defenses to use, you may want to have a conversation with the accuser first. However, it is important to never engage with the individual on your own because it may only make things worse. Your attorney should approach them and discuss whether they are really willing to bring charges. After thinking about it, some accusers decide that pressing legal charges is not in their best interests, especially when they will need to take the stand. If the accuser stands down and will not cooperate, it will make it far more difficult for law enforcement to bring the case. The chances are that it will be dropped.

Criminal Defense Attorneys

Call the experienced criminal defense lawyers at the Cohen Law Offices at (715) 514-5051 if you are facing domestic violence charges. The potential consequences are too great not to have legal help on your side. You can also contact us online to schedule your free initial consultation.

Does Going Through Rehab Help My Criminal Case?

mike@cohenlawofficesec.com (Michael Cohen) — Mon, 08 Nov 2021 16:16:04 GMT

More than ever, judges are using flexibility in sentencing for simple drug possession cases and other criminal matters. They are beginning to look at the whole person when imposing punishment. Now, the focus is shifting to rehabilitation. Some people take it upon themselves to go to rehab when they have been arrested for drugs to show the judge that they are trying to get their life together.

Rehab Means Trying to Improve Your Own Life

Judges may look at a defendant differently if they know that the person is taking steps to improve their own life, even if it was done after an arrest. At least, the defendant is doing something to get treatment. Drugs and alcohol are at the root of many arrests, and many defendants were under the influence when the alleged incident happened.

If the alleged offense was a drug crime, your ultimate aim (short of winning in court) is to get into a drug treatment program. Eau Claire County has its own Drug Court. These are diversion courts for people facing possible jail time for criminal offenses. Treatment courts will look at the whole person, and the desire to seek and get treatment is something that may sway a judge.

Not Going to Rehab Could Make the Judge Sentence for Longer

Active drug addiction could persuade a judge that a defendant poses a danger to society, something the judge may take into consideration when sentencing. The judge may want to protect society by taking the defendant off the street for some time. Going to rehab may be a way of accepting some responsibility and showing the judge that you are committed to change.

Even if you go to rehab because of legal pressure, you may still have good results from the treatment. The reason why you go to rehab does not matter. So long as it helps your life, it is time well spent. Even if it does not ultimately help your case, there is no harm in taking steps to get your life under control. Doing so could persuade a judge to impose a lesser sentence.

If you do not go to rehab ahead of your court date, you may agree to attend as part of your court proceedings. Judges may give credit to people who are willing to go to rehab. They may impose a lesser sentence, seeing someone take responsibility. Sentencing is often about the judge’s perception. In more minor crimes, the judge may not spend as much time with the file, and they may note things more quickly. Rehab may be one fact that jumps off the page.

Criminal Defense Attorneys

Call the experienced attorneys at The Cohen Law office when you have been charged with a crime and need legal advice. If you are wondering whether you need a lawyer for even minor charges, the answer is yes. Call us today at (715) 514-5051 or contact us online to schedule your initial consultation.

Worthless Checks and the Law: 4 Things Defendants Should Know

Fri, 05 Nov 2021 16:28:42 GMT

Whether you call it a bounced check, rubber check, or some other common nickname, a worthless check can cause all kinds of problems for you if you intentionally pass one. This act counts as a form of fraud, exposing you to criminal charges that could add up to prison time or financial penalties.

If a Wisconsin court has charged you with a worthless check crime, you need to understand what this charge might mean for your future, how the law defines the severity of the charge, and what legal defenses your attorney might bring to bear against it. Take a look at the following four key points for worthless check defendants.

1. How Wisconsin Law Defines a Worthless Check

The Wisconsin State Code defines a worthless check as one that the issuer wrote with no intention of actually paying the money involved. According to Statute 943.24, this offense may take a variety of forms, including writing a check on an account that the alleged offender doesn't actually hold with the financial institution involved.

You may also face worthless check charges if you issue a check on a legitimate account that had insufficient funds to cover the amount of the check. If the check bounces, you will receive an official notice of nonpayment. If you then fail to correct this problem within five days, the recipient may file charges against you.

2. Criminal Penalties for Worthless Check Convictions

The criminal penalties you may face for a worthless charge will depend on the amount of the worthless check or checks. A single worthless check for up to $2,500 counts as Class A Misdemeanor under Wisconsin law. According to Wisconsin State Code 939.51, the penalty for a Class A misdemeanor includes up to nine months in prison or a fine of up to $10,000.

Worthless check charges involving more than $2,500 count as a Class I felony under Wisconsin law, with potential penalties of up to three years and six months in prison or a fine of up to $10,000. The worthless check amount may represent that of one check or that of multiple checks issued over a 90-day period.

3. Civil Charges and Awards for Worthless Check Convictions

As alarming as the criminal penalties for a worthless check conviction may sound, they don't necessarily represent the end of your woes. The court may also permit the recipient of the worthless check to take civil action against you, adding more financial penalties to whatever fees you must already pay for the misdemeanor or felony offense.

The civil awards granted in a worthless check case can quite literally add up. In addition to having to pay the recipient the face value of the check, you may also have to pay for other damages, court costs, attorney fees, and separate exemplary damages of up to three times the value of both of these sums (without exceeding $500).

4. Possible Legal Defenses Against a Worthless Check Charge

A skilled attorney with experience in financial fraud cases can examine your case and determine whether you have a valid defense against the worthless check charge. In many cases, this defense hinges on whether the issuer of the worthless check did so deliberately and with intent to defraud.

The recipient's legal counsel must prove beyond a reasonable doubt that you meant to pass a worthless check. If you can show that intoxication or another form of incompetence clouded your judgment, or that you had no idea that the account contained insufficient funds, you may introduce this reasonable doubt.

If the recipient knew beforehand that the account contained insufficient funds but accepted the check anyway, your attorney may use this point to defend you against the worthless check charge. The court might also dismiss the charge if you can show that you post-dated the check or successfully stopped payment on it.

Another potential defense involves the possibility that someone other than you committed this form of fraud without your knowledge, encouragement, or consent. If another party issued the worthless check in your name, you should have no legal liability in the matter, compelling the court to drop the charge against you.

Even if you knew that the account had insufficient funds when you issued the check, you may have made an effort to make good on the shortfall by notifying the financial institution with a promise to fund the account. If you can show that the financial institution acknowledged and honored this request, you may not face conviction.

Errors on the part of the worthless check recipient may also protect you against a civil suit. Examples might include the recipient failing to inform you in writing of an intent to file charges at least 20 days before doing so, trying to bill you for civil penalties before filing the suit, or accepting reimbursement for the check.

Cohen Law Offices can help you make the best possible case when you must defend yourself against a worthless check charge. Contact our legal firm today to request a free initial consultation and learn more about this area of Wisconsin law.

Why It’s Important to Contact a Criminal Defense Attorney Early in Your Case

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 03 Nov 2021 14:57:06 GMT

The early stages in your case, when you are nervous and thinking that there is something that you could do to clear your name, is when you are at the most risk of making a mistake that could impact the outcome of the charges against you. At this time, law enforcement acts the most opportunistically to gain as much evidence as they can to convict you, which is why you need an attorney right after you are arrested.

Police Are Trying to Interrogate and Gain Information Right After Arrest

Law enforcement is often trying to talk to you right after you have been arrested in an attempt to interrogate you. They will tell you that you have the right to have a lawyer present, and that is something of which you should completely avail yourself. You have no obligation to speak to law enforcement, no matter what they say. In fact, what you say during your interrogation can be used to impeach your own defense at trial. These are not calculations that the average person is able to make when they are under stress. Many defendants think that they can talk their way out of trouble. This belief is a big mistake.

Many legal mistakes are made before defendants have their own attorney. It does not matter that the defendant was on their own at the time. Once they have been read their rights, they will be treated the same if they make the mistake of speaking. By the time that the words come out of the defendant’s mouth, the damage is already done, and the words can be used against them at trial.

Hiring an Attorney Early Gives Them Time to Get to Work

In addition, the early stages of the case are when there is time for your attorney to go out and investigate your case for themselves. They may still be able to gather evidence and speak to witnesses who could provide evidence that could exonerate you. Plus, it will give your attorney more time to help you formulate a strategy early in the case. It is often more difficult for them to help when many of the events have already happened.

It is important to be able to think with a level head at the early stages of your case. You are making many decisions at this time, and it is crucial to avoid unforced errors that may harm your case. Much of the panic comes from not knowing what you are facing. Learning your legal options could give you some peace of mind. Having an experienced lawyer on your side gives you a better idea of what you are facing.

Criminal Defense Attorneys

Call the experienced attorneys Cohen Law Offices at (715) 514-5051 or contact us online to schedule your free initial consultation. Do not leave anything to chance when you have been charged with a crime. Call the Cohen Law Offices today!

How Serious is Your First Wisconsin OWI?

mike@cohenlawofficesec.com (Michael Cohen) — Fri, 29 Oct 2021 14:50:28 GMT

Although Wisconsin law treats a first OWI offense as a civil offense instead of a criminal violation, a conviction still carries serious penalties that could potentially affect your daily life. A conviction for Operating While Intoxicated (OWI) also remains on your record forever.

Potential Penalties of a First Wisconsin OWI

If you get convicted with a first OWI offense, you might face the following penalties:

Driver’s License Revocation

Your license could be revoked for six to nine months. But remember that unless there’s a refusal violation related to your case, you are allowed to get an occupational driver’s license so you can still drive to and from your workplace at specific times.

Costly Fines

Fines associated with a first OWI offense range from $150 to $300, excluding court costs, which vary greatly from one jurisdiction to the next. You might also need to pay a $435 OWI surcharge.

Safety and Treatment Course

You’ll be required to undergo an evaluation of your alcohol use and complete a treatment or education program known as the Driver Safety Plan.

Ignition Interlock Device (IID) Installation

If you consented to a blood or breath chemical test and your BAC (blood alcohol content) results were found to be 0.15 or higher, you will be required to install an IID for a maximum of one year in all vehicles titled or registered under your name.

It’s also crucial to note that if a minor under 16 years old was with your during the OWI incident, you might face harsher penalties. You could be fined up to $1,100, pay related court costs, receive an IID order of up to 18 months, and spend five days to six months in jail.

Collateral Consequences of a First Wisconsin OWI

Because first OWI offenses in Wisconsin are not categorized as criminal convictions, many people mistakenly think that they are not really that serious and they can tackle the case on their own. Also, as long as the offenders did not injure anyone or did not have a minor passenger during the OWI incident, they won’t have to worry about jail time. However, aside from the penalties mentioned above, you should know that an OWI conviction may result in the following collateral consequences:

· Termination from your current employment

· Difficulty finding a new job

· Sanctions imposed by your school, including probation, suspension, or expulsion

· Difficulty obtaining admission into a college or university

· Issues with professional licensure

· Inability to rent an apartment

· Damage to your reputation in your community

Fortunately, when you work with an experience attorney, you can ensure that your case is resolved as favorably as possible and that any short or long-term consequences you are facing are mitigated. In some cases, working with a lawyer may even result in your case being dismissed.

Find Out How a Skilled OWI Attorney Can Help

If you’ve been charged with your first OWI offense, don’t hesitate to call Cohen Law Offices at 715-514-5051 to arrange your free case review and learn about your legal options moving forward.

Are You Eligible for Drug Court?

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 26 Oct 2021 20:28:41 GMT

Drug court is a type of special treatment court that handle cases involving drug-dependent offenders. The programs are very rigorous and require close supervision by relevant professionals and regular appearances before a judge. Program participants are likewise subject to random, regular drug testing and given long-term drug treatment and recovery assistance. Successful participants will graduate upon completion of the program. Completion involves compliance with all the required probation conditions and specific court orders.

Eligibility Requirements for Drug Court

Different counties in Wisconsin have different eligibility criteria, with the following being the most common requirements for admittance to drug court:

· 18 years old or older.

· Be a resident in the specific county for at least six months.

· Must not be convicted of a felony that involved the use or threat of force against another individual with the intention of causing serious bodily harm or death.

· Agrees voluntarily to the drug court obligations and rules.

· Have a substance dependence or abuse diagnosis and demonstrate a willingness to comply with the program.

· Must sign all the required releases and contracts.

· Must be sufficiently mentally stable to help ensure their compliance and success with the program.

· Must meet the Wisconsin Legislature's definition of "competency."

· Must not have been involved or linked to high-level drug trafficking.

Results of Compliance and Noncompliance with Drug Court Programs

Responses to noncompliance and compliance with drug court programs will be explained verbally and given in writing to all eligible participants before starting the program.

The responses and rewards for compliance could include the following:

· Tokens and ceremonies of progress, which includes the participant advancing to the next phase of the treatment program

· Praise and encouragement from the bench

· Reduced frequency of appearances before a judge

· Reduced supervision

· Reduced fees or fines

· Suspended or reduced incarceration

· Reduced probation term or dismissal of the criminal charges

· Graduation

On the other hand, sanctions or responses for non-compliance could include the following:

· Admonishment and warnings from the bench during open court

· Getting demoted to an earlier treatment phase

· Jury box or courtroom confinement

· Increased frequency of court appearances and drug testing

· Fines

· Increased treatment and/or monitoring intensity

· Required work programs and/or community service

· Increased jail confinement periods (but will still receive treatment during confinement)

· Regular court processing will be reinstated, and the participant will be terminated from the drug court program

It’s also vital to note that admission to drug court is not a right but a privilege. If you have been charged with a drug crime and you are eligible for drug court instead of traditional court processing, having help from a drug defense attorney with experience in handling cases similar to yours and dealing with drug court could significantly increase your chances of securing a fair outcome for your case.

Learn How a Drug Defense Attorney Can Help

If you’ve been charged with a drug crime, call Cohen Law Offices at 715-514-5051 for legal advice. You can discuss your case with our drug defense attorneys to determine the best legal recourse for your specific case.

How Long Does the State Have to Charge You with Sexual Assault?

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 20 Oct 2021 14:02:53 GMT

A statute of limitations refers to a specific time limit for when prosecutors can file criminal charges. If the prosecution fails to bring a criminal charge against an alleged offender, then the case could be dismissed. In some cases, this time limit can be suspended or tolled, giving the prosecution more time to initiate a case.

In many states, including Wisconsin, the statutes of limitations are typically longer with violent crimes, and some crimes don’t have time limits. Under state law, the amount of time that the state has to charge you depends on the exact crime of which you are accused. For example, there is no statute of limitations for 1st-degree sexual assault, but there is a 10-year statute of limitations for 2nd-degree sexual assault charges. In addition, for certain crimes, the statute of limitations has to do with the victim’s age rather than the amount of time since the alleged crime has been committed.

How False Memories Could Impact Your Case

People normally think that memory works similar to a recording device, capable of storing and documenting every incident and event with perfect clarity and accuracy. However, memory has been proven to be susceptible to fallacy. People could have complete confidence in their memory recall, but confidence isn’t really a guarantee that a specific memory is 100% accurate.

Examples of false memories could range from the mundane, like mistakenly remembering that you locked your car, to serious life-changing things, such as someone falsely recalling specific details of a crime that allegedly happened to them.

Factors that could influence the formation of false memories include misinformation, inaccurate attribution of the information’s original source, and the fact that memories naturally fade over time. Likewise, existing memories could impact the formation of new memories, resulting in the recollection of an incident being incorrect or completely false.

Elizabeth Loftus, a prominent memory researcher, has found through her research that false memories can be induced through the power of suggestion. Additionally, memories start to change and become distorted over time, and existing memories could be modified to incorporate new experiences and information.

Loftus has also posited that a false memory may form more easily when adequate time has passed and the original memory has already faded. For instance, with eyewitness statements, the longer the time has passed between an incident and the witness giving a statement, the higher the chances that the eyewitness would be suggestible to false memories.

On the other hand, if a witness was interviewed immediately following the incident when all the details are still vivid, the witness is less likely to be suggestible to misinformation and false information.

In most cases, false memories don’t pose any problems, like remembering that you have your phone in your bag when you actually left it at the office. In other cases, however, false memories could ruin people’s lives. Studies have shown that false memories are among the top causes of wrongful convictions, typically through false identifications of alleged offenders or false recollections of incidents related to an alleged crime.

Reach Out to an Experienced Sexual Assault Lawyer Today

If you’ve been falsely accused of sexual assault, call Cohen Law Offices at 715-514-5051 to learn about your legal options in a free case consultation with our sexual assault lawyer.

A Domestic Violence Conviction Can Affect Child Custody

mike@cohenlawofficesec.com (Michael Cohen) — Fri, 15 Oct 2021 15:01:36 GMT

Courts take domestic violence allegations extremely seriously when deciding child custody cases. The main reason for this fact is that there’s always the possibility of the accused parent harming the child or other family members later. It’s also for this reason that courts may side parent-accusers when determining child custody or visitation decisions while allegations of domestic violence are pending.

On the other hand, the consequences of being convicted of domestic violence could have extremely serious ramifications on child custody cases. And unfortunately, it’s very common for another parent to wrongly accuse the other parent of domestic abuse or violence to gain the upper hand in custody disputes. This could be heartbreaking and devastating for falsely accused parents.

Child Custody and Domestic Violence Allegations

Courts consider evidence of previous and recent domestic violence accusations when making custody decisions. In most cases, courts will deny custody to parents who have been accused if they determine that those parents pose a danger to their children or to the domestic violence victims, which are the accusers.

However, it is crucial to understand that courts will not just take an accuser’s allegations when evaluating custody cases involving domestic violence accusations. The courts will generally take into account:

· Whether the alleged incidents of domestic abuse had an impact on the child or involved the child as a victim

· Whether the alleged perpetrator will continue to threaten the child and/or other parent’s safety

· The frequency and severity of the domestic abuse incidents, which the court might consider strong indicators of possible violent behavior in the future

· Whether the child’s best interests would be better served by granting the allegedly abusive parent joint child custody

· Whether the alleged abusive parent has a pending criminal case against them

· Police reports detailing the incidents of alleged domestic violence

· Any evidence, including photos, videos, testimonies, etc. to support the accuser’s claims

Visitation Arrangements and Domestic Violence Accusations

Besides affecting child custody decisions, domestic violence allegations will likewise affect whether the accused parent will be given visitation rights. The court can:

· Order supervised visitation

· Revoke the visitation rights of the accused parent temporarily or permanently

· Revise the existing visitation arrangement, such as revoking overnight visitations

· Order anger management classes, parenting classes, and/or substance abuse treatment programs

· Issue an order of protection or restraining order

· Order the alleged abuser to participate in family and domestic abuse counseling

Accused of Domestic Violence? Call Cohen Law Offices Today

If you have been wrongfully accused of domestic violence, call Cohen Law Offices at 715-514-5051 to arrange your free cases consultation. You should not ignore allegations of domestic violence and assume that the court will side with you because you are innocent. Just having a restraining or protective order against you could jeopardize your visitation and custody rights.

Additionally, domestic violence charges could impact your personal rights and job prospects. Don’t hesitate to discuss your case with our domestic violence defense attorney, who can defend your legal rights and ensure the best outcome for your case.

When Can the Police Search Your Person?

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 12 Oct 2021 15:34:20 GMT

The Fourth Amendment offers protection against unreasonable seizures and searches by law enforcement officers. But it also enables them to perform searches of your person, belongings, vehicle, or home under certain circumstances. So when can law enforcement search people and their property? Put simply, a search will be considered legal if the police have a search warrant or the search falls under a recognized exception to the search warrant requirement.

Whether the police’s actions qualify as legal is crucial. Otherwise, any evidence they found during the illegal search will not be admissible in court.

What are The Exceptions to Search Warrant Requirement?

Many police searches don’t need warrants due to various legal exceptions. When the police do need a warrant, they go to a judge who will review the officer’s reasons for obtaining a warrant to verify whether there’s probable cause to justify issuing a warrant. If yes, the warrant will be issued and will specify the location that could be searched and what specific evidence could be seized.

There are various legal exceptions to the search warrant requirement. A search will be considered legal even if the police don’t have a warrant in the following scenarios:

Consent Search

When an individual freely consents to the search, the search would be considered legal. For example, it won’t matter if an officer did not have probable cause to inspect your vehicle if you voluntarily agree to the search.

Terry Stop

Also known as a stop and frisk, the police can stop or detain you if they have reasonable suspicion that you have engaged in criminal behavior. They’re likewise permitted to perform a frisk or pat-down if they suspect that you might be armed and dangerous.

Plain View Search

Searching a person is permitted when an officer is somewhere they are permitted to be, like a public park, and notice something suspicious that they determine could be related to a crime, such as a plastic bag containing drugs in the hands of a person in the park.

Search Incident to Arrest

Following a legal arrest, law enforcement officers can immediately inspect the arrested individual and the surrounding area within the individual’s control. However, even if the police find a mobile phone on you during a search incident to arrest, they might still need a search warrant to check the contents of your phone.

Inventory Search

Searches are generally considered inventory inspections if their main purpose is the protection of people or property instead of an investigation. An example would be the police searching a vehicle and taking an inventory of its contents prior to taking it to the impound lot.

Exigent Circumstances

During emergencies or urgent situations where evidence might be compromised or destroyed or someone might be harmed, law enforcement could act immediately even without a search warrant. Normally, the police will need a search warrant to enter and inspect a home. However, if they smell drugs or observe signs of violence or a person in distress, a warrantless search may be justified.

Seek Legal Help from an Experienced Criminal Defense Lawyer Today

If you're facing criminal charges and have been searched by the police, call Cohen Law Offices at 715-514-5051 for legal advice. In the event that the police conducted an illegal search in your case, it may result in the dismissal of your charges.

Charged With a Crime? Understand Your Constitutional Rights

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 05 Oct 2021 21:53:48 GMT

If you are accused of a crime, you need to understand your constitutional rights. The Bill of Rights, which consists of the first 10 amendments made to the Constitution, details some rights that pertain to criminal charges. Here is a look at the accused's constitutional rights.

The Fourth Amendment

The Fourth Amendment protects citizens from unreasonable searches or seizures of their property without law enforcement first obtaining permission from the courts. A judge must grant this permission by signing a search warrant. In order to get a search warrant, law enforcement must have probable cause. This means they have a reasonable belief the person has committed or will commit a crime.

If the police conduct a search or seize property without a search warrant, a judge may declare anything the police find inadmissible in a court case. This means that the police and prosecuting attorney cannot use any evidence that was obtained without a valid search warrant. The legal system refers to this as an exclusionary rule.

If the courts decide the police operated under an erroneous assumption, such as a belief that they did have a legal search warrant, a judge may make a good faith exception. This means some or all the evidence discovered during a search or seizure is allowable. Conversely, the courts may decide against granting a good faith exception.

The Fifth Amendment

Most people are vaguely familiar with the Fifth Amendment from watching police procedural dramas and live court proceedings on television. The Fifth Amendment provides the accused with the right to remain silent and not incriminate themselves with their own words.

The legal system — whether it is the prosecuting attorney, defense attorney, or judge — cannot compel a defendant to talk or testify in court or be a witness against themselves. If a defendant chooses to exercise their legal right, they can simply answer "I plead the Fifth" to any questions posed to them.

The police also cannot force a suspect to talk. This right is a part of the Miranda warning that a law enforcement agent must read to anyone they arrest. Additionally, if a person chooses to remain silent, this cannot be used as evidence of guilt.

The Fifth Amendment also protects people from the Double Jeopardy Clause. The legal system cannot put a defendant on trial for the same crime more than once.

There are exceptions to the Double Jeopardy Clause, however. For example, if the state brings charges and a jury finds the defendant not guilty, the federal government may then step in and bring charges. An interested party can also bring civil charges rather than criminal charges.

For example, in the People of the State of California v. Orenthal James Simpson, a jury found O.J. Simpson not criminally guilty of two murder charges. However, a different jury did find him responsible in a civil case brought about by family members of the deceased. The jury awarded compensatory and punitive damages to the families.

An exception might also exist in cases of a mistrial, retrial, or appeals. Due to the complicated nature of the Double Jeopardy Clause, a defendant should consult with a criminal defense attorney about all potential legal possibilities for their case.

The Sixth Amendment

The Sixth Amendment says a defendant is entitled to a speedy and public jury trial. While this federal law guarantees a trial, the states are free to decide how many people are on a jury and whether their decision must be unanimous. A speedy trial also avoids delay in the trial process, and a defendant is not compelled to stay in jail for years, waiting for their trial to happen.

Additionally, the Sixth Amendment allows a defendant the right to confront the witnesses against them. Confronting the witnesses includes the right to have witnesses be ordered to be at a trial, to question them, and to find any witnesses who have gone missing so they can go to trial.

This amendment also provides for adequate legal representation to defendants who cannot otherwise afford it.

The Sixth Amendment also dictates that a person should know the charges against them and the possible consequences that could come with a conviction.

The Eighth Amendment

The right to have a reasonable bail amount set and the right against cruel and unusual punishment are both provisions of the Eight Amendment. The courts have wide latitude when determining what constitutes reasonable bail and cruel and unusual punishment.

Has the legal system brought criminal charges against you? Are you concerned about violations to your constitutional rights? Contact us today to discuss your case. At Cohen Law Offices, we focus solely on criminal defense. Whatever questions, concerns, or challenges you have, you can rely on our experienced services to provide the right legal counsel for your situation. You have an advocate in Cohen Law Offices.

18-Year-Old Wisconsin Man Charged With Aggravated Sexual Assault After Having Sex With an 11-Year-Old Temple Girl

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 05 Oct 2021 16:52:25 GMT

An 18-year-old man from Greenwood, Wisconsin, identified as Alan Brian Kozik, had been charged with aggravated sexual assault of an 11-year-old child in Temple . The suspect was arrested on July 7 and was taken to Bell County Jail. His bond was set at $250,000.

Temple police officers responded to a call from a Temple home when a resident found an unknown man in her house. The resident told the police that she heard an unknown man’s voice from one of the bedrooms. A man that the residents did not know was seen in the bathroom and was later identified as Kozik by the police.

Kozik admitted that he engaged in sexual acts, including sexual intercourse, with the 11-year-old girl, believing that the girl was 14 and was about to turn 15. If convicted of aggravated sexual assault, Kozik could face a hefty fine and up to 99 years in prison.

Defining Aggravated Sexual Assault

Sexual assault covers any sexual act that occurs without all of the parties’ clear consent. Aggravated sexual assault is a more severe form of sexual assault since the specific circumstances surrounding the crime are more serious or aggravated than the circumstances surrounding standard sexual assault cases. These aggravating factors usually include:

· An alleged victim who was under the age of consent, mentally ill, intoxicated, disabled, or was otherwise unable to give clear consent

· The threat of or actual violence while committing the sexual assault

· Using drugs for incapacitating the victim

· More than one assailant

· Assailants who were family members, guardians, or step-parents

· Severe injury, such as disablement or disfigurement of the victim

· An attempt on the life of the victim or another individual

· The crime was committed while the assailant was committing or was attempting to commit another felony

Defenses for Sexual Assault

· Innocence – Because everyone is considered innocent until proven guilty, an individual who didn’t commit sexual assault has all the right to assert that they didn’t commit the crime.

· Evidence suppression – Evidence, including phone calls and messages, text messages, physical evidence, videos, or photos, can be suppressed, which could help the suspect’s defense.

· Consent – The suspect must be able to prove that the alleged victim gave their consent. However, the age of the alleged victim is a crucial factor when it comes to sexual assault cases involving minor individuals.

· Attacking the plaintiff’s evidence – A skilled criminal defense attorney might be able to attack the plaintiff’s evidence by making the jury question its accuracy and reliability. For instance, it’s possible for the attorney to attack the trustworthiness, believability, or credibility of witness testimony from the plaintiff's side.

· Insanity – If the individual accused of sexual assault is proven to be legally insane, this could be a viable defense.

Call an Experienced Sexual Assault Lawyer Today

If you’ve been accused of sexual assault, call the skilled criminal defense lawyers of Cohen Law Offices at 715-514-5051 or reach out to us online to schedule a free review of your case.

Expect Increased OWI Enforcement Around Halloween

mike@cohenlawofficesec.com (Michael Cohen) — Fri, 01 Oct 2021 15:05:29 GMT

When most people hear "October," they think of a month with cooler weather, colorful fall foliage, and Halloween celebrations. Halloween has proven to be a favorite holiday for people across the country. However, there are some things more frightening than the ghosts and ghouls lurking through neighborhood streets. The Halloween season often sees an increase in drivers operating their vehicles while under the influence of alcohol, which means an increase in avoidable risk to the lives of others. Because of this increased risk, people should expect OWI enforcement to be higher around Halloween.

Why Halloween sees increases in OWI and enforcement

Halloween is one of the most popular times of the year for families, especially those with young children, to be in the streets. It is also a popular time for young adults and other revelers to attend parties and social events where alcoholic beverages are easily available for consumption. These factors significantly increase the chances of fatalities as a result of a driver operating a vehicle while intoxicated.

OWI accidents have accounted for almost half of all traffic fatalities on October 31st in past years. With Halloween falling on a weekend in 2021, law enforcement officials are expecting an even bigger increase in OWIs on this day. This means that local law enforcement agencies will conduct more mobile patrols and OWI checkpoints throughout the holiday.

Operating While Intoxicated in Wisconsin

Wisconsin’s Operating While Intoxicated law prohibits any person from operating a motor vehicle when his blood alcohol concentration (or BAC) is 0.08 percent or greater. This means that under Wisconsin law, a person whose bloodstream is composed of 0.08 percent of alcohol is legally considered impaired and not permitted to operate a motor vehicle.

The 0.08 percent standard applies to first, second, and third offenses. Once a person commits an OWI for a fourth or fifth time, that standard is lowered to 0.02 percent. Penalties for a first offense can result in temporary license revocation, and penalties for subsequent offenses can result in up to six years behind bars and a lifetime license revocation. These penalties increase even more when an OWI results in the injury or death of another. Vehicular manslaughter while intoxicated can result in 25 years of imprisonment and up to $100,000 in fines. Of course, this imprisonment term increases with any prior OWI convictions or license revocations.

Facing an OWI Charge? Call Us Today

While there is a standard for determining whether a driver is impaired, the best practice is to avoid driving after consuming any alcoholic beverages. Ensure that you have a designated driver or a driving service available to you before you partake in Halloween festivities.

If you find yourself facing an OWI charge, call the experienced attorneys at the Cohen Law Offices at (715) 514-5051 for your free consultation. An OWI requires a skilled and knowledgeable attorney to find the best defense in each case. For representation that you can trust, call the Cohen Law Offices today.

Defenses to Allegations of Date Rape

mike@cohenlawofficesec.com (Michael Cohen) — Fri, 17 Sep 2021 13:32:12 GMT

The term "date rape" first emerged in the 1970s in the United States and since has been an increasingly common basis for criminal charges. An experienced sexual assault lawyer understands the nuances of the charge and how to explore the accusations against you to determine whether they make for a viable case. Following is a brief consideration of the factors that are involved in a date rape charge, alongside a consideration of how a sex crime defense attorney can help on your case.

Date Rape is a Sexual Assault that Happens During a Social Encounter

Recognizing the parameters for what designates a situation as date rape is essential in framing the charge. Oftentimes, the subject of intimacy may have been implied or discussed in the social situation in which the date rape allegedly occurred. In modern date rape cases, the concept of consent is central to the charge. The victim of date rape may not have been sexually assaulted in a violent manner but rather have engaged in sexual activity without consent. Consent is something that can be negated by intoxication, whether through drugs or alcohol.

Many modern date rape crime accusations stem from sexual encounters when the participants, or a participant, were intoxicated by the effects of drugs or alcohol. Judgment and emotion may also influence a date rape accusation, with jealousy, anger, or retaliation potentially being in play. Given the broad nature of consent and various means of defining it, an experienced sex crime lawyer is important to boil the facts down into legally actionable precedent.

The First Defense to Date Rape Allegations is to Contact a Criminal Defense Attorney

With charges of date rape, it is often a situation in which the victim is accusing the supposed perpetrator based upon their opinions and statements alone, without other evidence. When a case is one individual’s word against another, the charging party is motivated to collect evidence that will serve to their advantage and help their case. Due to this, it is essential that you not make any statements to the opposing party, their legal representation, or anyone else besides attorneys with whom you are consulting until the evidence collection phase has ceased. Making statements that seem harmless could provide the opposing party with useful pieces of information that can be applied to fill in blanks elsewhere and make you look guilty.

Once you’ve lined up the services of a criminal defense attorney to help on your date rape accusation, begin to collect as much evidence as possible that supports your assertion that date rape did not happen. Save clothing, relevant receipts, text messages, photographs, statements from friends or acquaintances. Create a list of witnesses and involved parties to provide to your criminal defense attorney, as false accusations, however false, can still make it into a case, and you need to be prepared.

An Experienced Attorney Can Help on Your Date Rape Charge Now!

If you have been accused of date rape, call Cohen Law Offices today at 715 514 5051 to set your initial consultation. Our experienced attorneys are ready to assist you however possible in addressing your date rape charge.

How to Approach Your Driving Under the Influence (OWI) Charge

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 14 Sep 2021 19:58:55 GMT

Drunk driving charges can significantly impact your ability to live your day-to-day life, as restrictions on driving can have far-reaching effects. Before going to court or making pretrial statements concerning your drunk driving charge, it is important that you speak with an OWI lawyer who understands the process. It is also important to talk to an attorney who understands the burdens of proof that the government must prove prior to you being convicted. While an OWI charge can seem very intimidating, the fact of the matter is, they can be challenged.

Field Sobriety Tests Are Designed to Promote Failure

Many individuals know about the drunk driving tests that are performed due to presentations in their high schools or during their drivers' education programs. The tests might include walking in a straight line for a certain number of steps, performing single-leg balance tests, and others. The purpose of these tests, according to law enforcement, is to determine whether or not they believe you are drunk. The fact of the matter is these tests are actually designed to help officers gather evidence in support of their belief that the person performing them is drunk. Often times, people are also nervous. The tests are often performed on the side of the road, which may contain an imperfect surface. Finally, law enforcement have performed the tests many times while most driver’s facing an OWI charge are performing them for the first time.

Experienced OWI attorneys know what to look for when reviewing the officer's bodycam and cruiser footage to determine if their field sobriety test was done correctly or not.

The “Science” Behind OWIs is Not Perfect and Can Be Challenged

Many people have heard of a "breathalyzer," which has many different manufacturers and brand names that are in use in the many police departments across our country. The machine functions essentially by measuring the amount of alcohol content that is on your breath and has varying levels of accuracy depending on the manufacturer. An OWI attorney who has worked in your area for years has processed hundreds of cases that incorporated some form of the breathalyzer and knew the error margins of the machine. OWI testing machines are not perfect, and each manufacturer has a set margin of error and also set maintenance schedules that must be followed to maintain the accuracy of the device.

OWI attorneys know what to look for in determining the validity of tests that have been used in support of your OWI charge. Challenging the technology used may be as simple as knowing the recommended maintenance schedule and knowing how to make the police produce the actual maintenance records. An OWI lawyer knows how to do this for you.

Contact an Attorney to Effectively Challenge your OWI Charge Today!

If you have been accused of drunk driving, call Cohen Law Offices today at (715) 514-5051 or contact us online. We have the experience and skill required to protect your rights and resolve your case as favorably as possible.

Frequently Asked Questions About Extortion

mike@cohenlawofficesec.com (Michael Cohen) — Fri, 10 Sep 2021 18:35:36 GMT

When someone accuses you of extortion, you and a skilled criminal attorney need to take decisive action in your defense. However, because extortion can take many forms and draw various penalties, you may find the topic understandably confusing. The answers to these frequently asked questions about extortion should prove helpful.

How Does the Law Define Extortion?

In its broadest definition, extortion involves the use of threats to coerce an individual or organization into handing over money or other assets, to perform an illegal act, or to refrain from performing a legal act (such as testifying against someone in court). Extortion falls under the category of theft crimes.

Subcategories of extortion often depend on the target of the threats and the favors demanded by the alleged extortionist. For instance, Statute 943.30 of the Wisconsin Criminal Code focuses on threats to injure or accuse someone of a crime, while other laws address threats to financial institutions and loan sharking offenses.

How Does Extortion Differ From Blackmail?

Blackmail counts as yet another form of extortion, and people often assume that the two terms mean the same thing. However, blackmail has one significant difference that sets it apart. For one thing, blackmail doesn't involve threats of violence against property or individuals. Instead, it threatens to expose personally or professionally damaging information.

How Does Wisconsin Law Penalize Extortion?

Wisconsin law assigns penalties of varying severity to different kinds of extortion crimes. Extortion against a financial institution and threats to injure or accuse of crime both count as Class H felonies. A Class H felony in Wisconsin can incur penalties of up to six years in prison and/or $10,000 in fines.

Extortion involving false testimony counts as a Class I felony. This felony can result in penalties of up to 3.5 years and $10,000 in fines. Extortion threats to spread information meant to damage the victim's reputation also count as a Class I felony under Wisconsin law.

Loan sharking extortion counts as a Class F felony, a more serious charge than those noted above. A Class F felony in Wisconsin can draw penalties of up to 12.5 years in prison and/or $25,000 in fines.

When Does Extortion Count as a Federal Crime?

The law doesn't limit extortion offenses to prosecution and sentencing on the state level. If you allegedly commit extortion on an interstate level, such as threats to expose damaging information about a federal judge or department, you may have violated federal extortion laws.

One key difference between federal and state extortion laws lies in the range of crimes those laws encompass. Unlike state extortion laws, which can prosecute everything from blackmail to threats of injury or accusation of a crime, federal extortion law confines itself to non-violent threats such as those made in blackmail.

How Do Attorneys Defend Against Extortion Charges?

Extortion charges don't necessarily hold up in court when subjected to smart, aggressive legal defense, no matter how intimidating they may appear. Some charges may lack a crucial detail that defines extortion or consist of outright lies. Your attorney may use any of several possible defenses to help you win your case.

Heated discussions between individuals sometimes include veiled or overt threats not based on any actual intent to extort. Since the prosecution holds the burden of proving that intent beyond a reasonable doubt, you may successfully argue that no such intent exists.

The same conditions apply in cases where the prosecution tries to charge you with attempted extortion. This charge may pop up in response to a threat that never actually proceeded into full extortion. Again, your attorney might counter this charge by showing that you never had any intention of extorting the plaintiff.

Some defenses against extortion charges hinge on a lack of self-control or self-determination in your actions. For example, any factors that affected your mental capacity at the time, such as intoxication or illness, might demonstrate a lack of conscious intent.

Additionally, the prosecution can only enter evidence obtained in the proper way by the authorities who performed the arrest. Procedure also counts for much, from the reading of your Miranda rights to unlawful searches and denial of the right to counsel. The court may refuse to admit improperly obtained evidence.

You might also get an extortion charge dismissed if you performed the offense under duress. To make this defense stick, your attorney must demonstrate that an immediate, serious, or even deadly threat (greater than that of not performing the offense) that you could not escape from, due to a situation not of your own making.

If you face charges of extortion or blackmail, you need expert legal counsel to help you defend yourself. Cohen Law Offices has the necessary skills and experience to act as your advocate in these or other criminal matters. Contact our team today to schedule a consultation.

The New Realities for Possession of Hemp and CBD with Federally Legal Hemp

mike@cohenlawofficesec.com (Michael Cohen) — Fri, 10 Sep 2021 14:28:11 GMT

If you have been charged with drug possession for being in possession of legal hemp or CBD products you should contact an attorney to talk about potential defenses for your case. An experienced drug attorney who understands the difference between legal hemp-derived products and illegal marijuana is essential to the outcome of your case. The changing rules and regulations surrounding hemp in the United States have created confusion for police departments across the country. Informed legal advocacy is the best path to beating your case and maintaining your freedom.

Hemp is Legal Under the Federal Hemp Act

The reason you are seeing hemp and CBD products seemingly everywhere, from the shampoo shelf at your local drugstore to the counters of gas stations across the nation, is that the federal government in the US has made hemp legal. Hemp and all its derivative products, like CBD or hemp flower, are legal as long as they do not have more than .3% THC in them. THC is the psychoactive ingredient in marijuana that causes you to have an intoxicating effect. Hemp and cannabis are the same plants, and to keep the THC levels low, growers must engage in special activities, and at times, they might not be entirely honest about the contents of the products you are buying, which could impact your criminal liability.

While hemp and hemp-derived products were legalized under the Federal Hemp Act, there are limitations. Legal hemp products must comply with those federal guidelines. An experienced criminal defense attorney knows the difference between legal hemp and illegal marijuana. By hiring an experienced attorney to assist in a case like this, you may avoid criminal liability.

States have Different Rules Concerning Hemp Products

It is also important to understand that while federally all hemp products with under .3% THC are legal, states have enacted different laws concerning hemp-derived products. You may have heard of a new product called "Delta 8", which is being marketed as a legal THC. In some states, the manufacture and sale of Delta 8 are legal, while in other states, the possession of Delta 8 is a felony, not unlike possession of illegal marijuana. The law enforcement officers in your state may not be able to tell the difference between hemp and cannabis. Prosecutors may not understand the careful distinctions between legal hemp products and illegal hemp products.

The possession of hemp-derived concentrates, such as vaporizer cartridges, is still considered a felony in most states, and arguably according to opinions issued by the Drug Enforcement Agency. While you might be buying something over the counter at a legitimate store, the gray laws around hemp could still lead to you being criminally charged, and a drug lawyer can help educate the court and make the best of your case.

Connect with a Top-Notch Drug Attorney Now to Advocate on Your Case!

If you have been accused of a crime related to drugs, call Cohen Law Offices today at (715) 514-5051 . We offer free consultations and will return calls seven days a week.

Can my Partner Cancel or Withdraw a Domestic Assault Charge?

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 07 Sep 2021 15:00:09 GMT

If you have been charged with domestic assault, the prospect of going to court and standing in front of a judge and potentially a jury of your peers to answer the charge can be intimidating. Hiring an attorney is suggested to explore your many options, which could include seeking to have the domestic abuse charge released. Before talking about getting the domestic assault charge dropped, we’ll consider what the charge entails.

Domestic Violence is a Broad Label that Can Apply to Many Acts

Domestic assault, often termed domestic violence, is an umbrella term for a variety of activities or actions. Domestic violence is a term that applies to a variety of offenses or may be attached to a separately charged crime to enhance the underlying penalty. This means that getting the charge addressed might impact the severity of the charge against you and the amount of potential jail time that you face. When a crime such as assault, trespass, or burglary is committed against a family member or member of your household or intimate partner, domestic violence has occurred. The term stems from the location of the crimes, the home, or the nature of the relationship between the parties.

Can the Other Party Drop My Domestic Assault Charge?

If a domestic violence charge has been leveled against you, one of the first questions you might be asking is, can my spouse drop the charges? Can a criminal defense attorney encourage the other party to drop the charges? Oftentimes, the answer to this question is no. Generally, once the prosecutor has taken the case for domestic violence, the party who filed the case is no longer able to drop it. From a policy perspective, doing so makes sense, as victims of domestic assault might be intimidated or assaulted further into dropping the charges. Only the state has the option of dropping the charges once they have been filed by the prosecutor’s office.

Criminal Defense Attorneys Know how to Negotiate with Prosecutors and Assess Evidence

Once your domestic assault case has been filed by the prosecution, only the state can dismiss the case. This underlines the importance of an experienced criminal defense attorney who can examine the charging instrument and evidence for your domestic assault case. While the charge may not be able to be dropped by the party that filed it, if the evidence is not sufficiently strong, the prosecution will not bring the case forward into trial and could dismiss your charges. The difference between your freedom or incarceration depends upon the knowledge of your criminal defense attorney.

Reach Out to an Experienced Domestic Assault Defense Attorney Today

If you are accused of domestic violence, call Cohen Law Offices today at (715) 514-5051 . Our experienced team knows what to look for in determining the viability of the case against you and can help negotiate a withdrawal should the opposing party be open to it. Your options are many, and an attorney with the know-how to choose the best one for your case is essential.

How can an Attorney Help on My Criminal Case?

mike@cohenlawofficesec.com (Michael Cohen) — Fri, 03 Sep 2021 13:56:55 GMT

Criminal defense is something that is provided to defendants in cases that might involve the loss of freedom, even if the defendant cannot afford a lawyer. You’ve seen the warnings on television when people are arrested, and a part of that warning is that if you cannot afford an attorney, one will be appointed to you. This fact underlines the essential nature of a criminal defense attorney for your case. The Constitution provides protection to all individuals facing criminal charges that it is absolutely essential to protect the individual rights of anyone facing a loss of freedom due to a criminal charge.

The Prosecution’s Case Lies on the Strength of the Evidence

The strength of the case against you depends entirely upon the evidence. If you have a criminal case pending, the prosecution must prove that you are guilty beyond a reasonable doubt. Being guilty beyond a reasonable doubt is the highest standard of proof of any case. Beyond a reasonable doubt means that if there is any doubt whatsoever that you did not commit any element of a crime, then justice requires that you be found not guilty.

Criminal Cases Follow a Strict Process and Often have Tight Deadlines

Your rights as a criminal defendant are wrapped up in the rules of procedure for your location. Whether you plan to plead guilty or fight your charges, a failure to correctly engage in the court process can be detrimental to your case. The courts have particular processes when it comes to requesting evidence, reviewing materials, and submitting information for the review of the court. While representing yourself might seem glamorous, and fictional characters on television might do well for themselves, in reality, self-representation can be an unwise choice.

Criminal Defense Lawyers Are Trained on How to Best Represent Your Interests

Defending against criminal charges is a complicated matter, and attempting to represent yourself can often result in a poor outcome. To obtain the best resolution to your case, connecting with an experienced and attentive criminal defense attorney can mean the difference between freedom or incarceration.

A Criminal Attorney is here to Get Started on Your Case Now!

If you have been accused of a crime, call Cohen Law Offices at (715) 514-5051 today. We handle a wide variety of criminal cases, including sexual assault, drunk driving, violent crimes, domestic violence, robbery and theft, child sexual assault, and white collar crimes. Our experienced team knows how to resolve criminal matters as favorably as possible as is standing by to protect your rights.

What are the Elements of Domestic Abuse?

mike@cohenlawofficesec.com (Michael Cohen) — Mon, 23 Aug 2021 20:07:42 GMT

In Wisconsin, domestic abuse is a commonly charged offense. In Eau Claire County alone, there are over 100 people referred each year for misdemeanor domestic battery charges. This does not include people charged with offenses such as damage to property and disorderly conduct.

Who Do Domestic Violence Laws Protect?

The first requirement for a domestic abuse charge is who the crime is allegedly committed against. According to the statute, domestic abuse can be of:

● A spouse or former spouse

● An adult that the person lives with or currently lives with

● An adult with whom the defendant has a child

Examples of Domestic Abuse Actions

Domestic abuse can encompass a variety of acts meant to cause physical harm to the victim or put them in fear. There are several ways that one can be charged. They include:

● If they inflicted pain or injury on the victim

● If they committed sexual assault

● If they committed a physical act that caused the victim to fear physical injury or sexual assault

Domestic abuse is an offense that requires some sort of intent. After all, the crimes of assault and battery cannot be committed by accident. For example, if one accidentally initiated contact, it may not be considered domestic abuse. In addition, one valid way to contest these charges is that the defendant was acting in self-defense.

When Officers Will Arrest Someone

When an officer is called to the scene of a domestic dispute, they will arrest someone if they have a reasonable basis to believe that the person is or has committed domestic abuse and there is:

● A fear that the person will continue to abuse the victim

● They see signs of physical injury

● They see that one person is the predominant aggressor

Police officers are arresting people for domestic violence more expansively these days. They are afraid of not arresting someone who later turns out to commit another violent act against the victim. In fact, in Wisconsin, the primary aggressor as determined by the police must be arrested. Therefore, they are more likely to err on what is the side of caution for them and make an arrest. The law enforcement officer has to make a quick judgment on the spot based on what they know about the people's history and what they think happened. This means that some people who have been arrested may either not be charged or can successfully defend the charges against them.

Not all the people who are arrested are referred for charges. In some cases, their attorney engages with law enforcement and is able to explain their client’s side of the story. In other cases, the lawyer can dispute that their client committed the act or had the required intent.

Experienced Domestic Abuse Attorneys

If you have been charged with domestic abuse, call the experienced attorneys at The Cohen Law Offices at (715) 514-5051 today. We know how to protect your rights and will work hard to resolve your case as favorably as possible. You can also contact us online.

Are There Defenses to Intoximeter Results?

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 17 Aug 2021 13:40:17 GMT

In Wisconsin, adults who drive with a BAC (blood alcohol content) level of .08% or higher will be charged with an OWI. To measure a person's BAC level, police officers can use an Intoximeter to measure a person’s BAC through a breath sample. When administered properly, a breath test can yield accurate results. On the other hand, various factors could result in flawed intoximeter readings.

It's vital to know that breath test results are typically a crucial component of the prosecution's case. In some cases, challenging the result's accuracy and validity could spell the difference between losing and winning an OWI case. All intoximeters are susceptible to error, which could result from various factors that an experienced OWI attorney can use to challenge intoximeter test results.

Malfunctioning Intoximeter Machine

Breath tests are only valid if the instrument was functioning properly, maintained regularly, and calibrated correctly and in accordance with manufacturer instructions. For a breath test result to be admissible in court, the prosecution must show that the instrument used is compliant with state and DOT regulations.

Margin of Error

Even under the most controlled circumstances, all breath test instruments will have a margin of error. For example, some breathalyzers have a .01% margin of error, meaning that if the instrument measures your BAC level at .08%, there's a chance that the actual percentage could be lower or higher than .08%.

The Presence of Mouth or Stomach Alcohol

Breath Test Instruments are developed to measure breath alcohol, which is alcohol vapor released by the lungs. Sometimes, however, stomach or mouth alcohol could sneak into the instrument’s sample chamber. For instance, if you vomit or burp shortly before the test, the instrument might detect a higher alcohol level than what’s actually in your breath. Alcohol that lingers in your stomach or mouth hasn’t made it into your bloodstream, meaning that it shouldn’t have contributed to your intoxication level, so including it when measuring your breath alcohol may result in artificially higher results.

Partition Ratios

Breath test instruments do not measure BAC directly but estimate it according to a person's breath alcohol. These instruments multiply the measurement of breath alcohol by a specific partition ratio, which is 2,100. However, not all people will have the same partition ratio because various physiological factors impact partition ratios, such as a person's:

· Bodyweight

· Gender

· Breathing patterns

· Body temperature

· Hematocrit levels

Put simply, partition ratios are not consistent for everyone or the same individual over time. Breath test instruments compensate for this expected variability by utilizing the preset 2,100 ratio, which is usually lower for most individuals, meaning that most individuals benefit from this preset partition since the instrument understates BAC levels. However, if the individual has a partition ratio that is lower than the 2,100 ratio, the opposite happens because the instrument will inflate the individual's BAC level.

Get in Touch With Cohen Law Offices Now

If you’ve been charged with OWI, call our office today at 715-514-5051 to arrange your free consultation with one of our skilled OWI defense attorneys. We can evaluate your case and give you advice on the best legal options specific to your case.

Should You Ever Talk to the Police After an Arrest?

mike@cohenlawofficesec.com (Michael Cohen) — Fri, 13 Aug 2021 14:29:43 GMT

No. Regardless of whether you’ve been arrested, detained, imprisoned, or feel that you can’t just walk away from the police, you don’t need to talk to the police or answer any of their questions. That is, except if you’ve been stopped for a possible traffic violation. If you have been stopped for a possible traffic violation, you need only identify yourself and provide registration and insurance documents. The Fifth Amendment states that no individual can be compelled to become a witness against themselves, meaning that this amendment protects an individual from self-incrimination and gives everyone the legal right to refuse to talk to police officers even while under arrest.

Keep in mind that the police are highly trained to extract admissions, confessions, and inconsistencies. They will not hesitate to use any inconsistencies from your statements as proof of your guilt, even if you are not guilty of the accusations against you. Likewise, they might misunderstand your answers or deliberately take your answers out of context to fit their narrative.

What to Know About Your Legal Rights During Police Questioning

As previously mentioned, all U.S. citizens have the legal right to remain silent or not answer the police when they’re being questioned, even if they are under arrest or in police custody. In fact, it is always best to have a lawyer present during police questioning after an arrest to ensure that the alleged suspect’s rights will be preserved.

If, on the other hand, an individual decides to talk to the police, the police can use any of the individual’s answers and statements against them. However, keep in mind that you can stop talking to the police at any time during the interrogation. Likewise, you should also know that you have the legal right during the interrogation when you decide to talk to the police.

Even if you’ve already spoken to the police and have answered some of their questions, you have the right to stop speaking until your lawyer arrives. If you decide to exercise or invoke your Fifth Amendment right, you should do so in a direct and clear manner. Simply tell the officer that you would like to call your lawyer and you don’t wish to speak to the police until you can speak to your lawyer.

Once you've stated that you wish to speak to your lawyer, the police must stop questioning you and persuading you to talk. If they continue asking questions, simply remain silent and wait for your lawyer to arrive.

Speak to an Experienced Criminal Defense Lawyer

For more information on your legal rights and your specific case, call the Cohen Law Offices. You can reach us by phone at 715-514-5051 or contact us online to set up a free review of your case with one of our skilled criminal defense lawyers. Keep in mind that the police can and will most certainly use anything you tell them against you, so stay silent and only speak to the police when your lawyer is present. Likewise, remember that lying to the police is a crime. However, not talking to the police until you’ve consulted with your lawyer is perfectly legal and is, in fact, your right.

What Happens When You Are Accused of Domestic Violence in Wisconsin?

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 11 Aug 2021 13:45:04 GMT

Being accused of domestic violence is devastating for anyone. What’s more, the prosecution can charge you with domestic violence even if the alleged victim doesn’t testify against you. Likewise, the domestic violence arrest could stay on your permanent record, even if you don’t get convicted. This is why seeking help from a skilled domestic violence attorney after getting accused of domestic violence is immensely crucial.

What Exactly is Domestic Violence?

Wisconsin law considers specific acts as domestic abuse or violence. These include:

· Sexual assault

· Intentionally causing or inflicting pain, illness, or injury

· Intentionally impairing the alleged victim’s physical condition

· Performing any physical activity that could cause the alleged victim to reasonably fear for their life or believe that the previously mentioned acts will occur or are imminent

Domestic violence is commonly committed against an individual with whom the alleged suspect has a child, a spouse, an adult who lives with the alleged suspect, and a former spouse. Depending on the specific circumstances of the domestic violence incident, the accused individual may likewise face extra charges. For instance, previous domestic violence charges or convictions, violating a restraining order, and using a weapon during the domestic violence incident, could all increase the chances of the accused being charged with other offenses.

Will The Police Arrest Me for Domestic Violence?

If police officers respond to a call about a disturbance in your home and discover reasonable proof of domestic violence, they must arrest you if they believe that any of these incidents are likewise reasonably likely to occur:

· The alleged victim is physically injured

· The violence or abuse will most likely continue

· The police suspect that the accused is the predominant aggressor or abuser in the relationship

It’s vital to note that if you have been arrested for domestic violence, you won’t be released until you post bail or speak to a judge. If the police arrest you, do not speak to the police or answer any of their questions because they can use everything you say to them against you. Tell the police that you want to talk to your lawyer and that you’ll only talk about the domestic violence incident with your lawyer present. Consulting your lawyer will also give you a chance to understand the charges against you and find out how to fight them.

But even if you were not arrested, the police are required to submit a report of the incident if they found reasonable grounds that indicate you have committed domestic violence. The report is then sent to the prosecuting attorney, who will review the report and decide whether or not you should be arrested and charged with domestic violence. This means that there's still a chance that you will be arrested.

Contact The Cohen Law Offices Today

If you have been accused of domestic violence, speak to one of our experienced criminal defense attorneys by calling us at 715-514-5051 or completing our online form. Arrange your free case evaluation with our domestic violence lawyer to learn more about what you are facing and how we can help.

Can You Go to Jail for an OWI in Wisconsin?

mike@cohenlawofficesec.com (Michael Cohen) — Thu, 05 Aug 2021 14:51:13 GMT

This is one of the first questions that we are asked when contacted by a client who has been charged with OWI. Civil OWI 1 offenses do not carry a mandatory jail sentence. However, there are many OWI offenses that do carry mandatory jail sentences. Indeed, there are several categories of people charged who may face a mandatory prison sentence. This all depends on the circumstances of the particular charge. You should not face OWI charges alone.

Repeat Offenders

Unless someone was seriously hurt or other circumstances apply (see below), a first offender will not go to jail for an OWI. Instead, there may be some combination of loss of license and court-ordered supervision. However, the penalties progressively increase on subsequent offenses. For example, if a driver has been charged with their second OWI within ten years, the jail sentence can range from five days to six months. The jail sentence increases to 45 days-1 year on the third offense. The fourth offense becomes a felony that could be punished with up to six years in prison. After that, prison becomes mandatory in Wisconsin for subsequent offenses.

This is why you need an attorney for even your first OWI offense. Once you are convicted of your first offense, you are facing jail time if you are charged again within the next ten years. While a plea deal may make sense for the first arrest, you should get legal advice first.

Causing Bodily Harm

There are some special factors that increase punishments for even first OWI offenses. If someone else was injured in an OWI accident, there is a jail sentence of up to one year. There are no prior convictions necessary for a jail sentence. The potential punishment rises if there was great bodily harm or if someone was killed in an accident. The potential jail sentence for great bodily harm can reach 12.5 years.

A Minor Present

While a first OWI offense usually carries no jail time, there is a sentence of 5 days-6 months when there is a minor under the age of 16 present in the car. Obviously, prosecutors will consider the circumstances, such as the age of the child and the level of intoxication, before requesting a certain sentence.

Excessively High Blood Alcohol Content

While there are escalating penalties for extremely high blood alcohol content, there is no jail time for the first offense, even if your BAC is over .25. It will result in very steep fines, but the rule is that a first offense will not lead to jail time unless the exceptions above apply.

Even if your OWI charge does not automatically involve jail time, you should still have legal counsel, given the potential effects of a conviction on your life. If you choose not to fight the charges, your attorney could negotiate a more favorable deal with the prosecutor.

Call Cohen Law Offices Today

If you have been charged with OWI in Wisconsin, call the experienced attorneys at The Cohen Law Offices at (715) 514-5051 , or contact us online to schedule your free initial consultation.

What Should You Do if Your Student Accuses You of Sexual Assault?

mike@cohenlawofficesec.com (Michael Cohen) — Mon, 02 Aug 2021 19:44:13 GMT

Sexual assault allegations can be devastating, regardless of their ultimate outcome. How you react and respond could make a major difference in how your case goes. The biggest thing is to resist the urge to act impulsively on your own in your defense.

We understand the strain and risks you are facing when you are accused of sexual assault. As a teacher or professor, your career is on the line, as well as your freedom. There is a natural inclination to want to do everything that you can to fight. However, some things that you could do could make the situation worse.

Contact an Attorney Immediately

Your first call should be to an experienced sex crimes attorney to handle your possible legal defense. While the common perception is that people who hire lawyers are guilty, you should not worry about that in the least. Your main concern should be about your freedom and reputation, and sexual assault charges could wreck your life. An attorney could take charge of your defense, helping you plot a legal strategy to deal with the charges.

You may be contacted by law enforcement seeking to sit down with you to ask you questions. Never agree to this on your own. You are under no obligation whatsoever to speak to the police. This may be in your best interest at some point, but that decision should be made with your attorney, and the conversation should only happen with your lawyer present. In some cases, telling your side of the story to law enforcement could clear up misunderstandings or reveal the allegations to be false. However, this is a very high-stakes conversation that your lawyer should direct and coordinate.

Be Careful Before Speaking to Anyone About the Allegations

While you may strongly want to tell your own side of the story, you should not speak publicly while the allegations are pending. There is little good that can come of it. Your lawyer should coordinate and be responsible for all of your communications. The same goes for trying to contact your accuser. That may only make things worse, as you should stay far away from the accuser. You could even get in trouble for an attempt at intimidation, even if it was not your intention.

Sexual assault allegations may mean that your situation gets worse in the short term before it gets better. Buckle down and brace for a difficult process before your case is resolved. Make sure to save what you can because defending these allegations takes time and money. The first step you take towards protecting yourself comes when you hire an attorney.

Experienced Sex Crimes Attorneys

If you have been accused of sexual assault, you should not try to go it alone. Call an experienced attorney at the Cohen Law Offices at (715) 514-5051 to discuss your case. We have what it takes to protect your rights.

4 Key Points About Credit Card Fraud | Cohen Law Offices

websitebuilder@thryv.com — Mon, 02 Aug 2021 16:48:08 GMT

Credit card fraud represents the most common form of identity theft in the United States, with the number of reported cases more than doublin g over the past few years. State courts take the fraudulent use of a credit card very seriously, issuing stiff penalties for those found guilty of breaking these laws.

If you find yourself accused of credit card fraud, you need to understand the facts about this type of white-collar crime so you can enlist the proper legal assistance to defend yourself against that charge. Consider the following four key points regarding credit card fraud charges, penalties, and defenses.

1. Elements of Credit Card Fraud

Anyone who receives or uses a credit card under misleading circumstances or without proper authorization may stand guilty of credit card fraud. However, this category of crime covers broad ground and includes a variety of actions that a court may consider fraudulent.

Wisconsin Statutes Section 943.41 (Financial Transaction Card Crimes) lays out the many possible ways someone can commit credit card fraud. These include making false statements to qualify for the card in the first place, taking someone else's card, forging counterfeit cards, and fraudulent card use.

The fraudulent use category alone includes a wide range of illegal actions. Examples include knowingly using an expired or counterfeit card, knowingly profiting from another's fraudulent actions, using your card (or letting someone else use it) with fraudulent intentions, and intercepting credit card data with intent to defraud.

2. Potential Penalties for Credit Card Fraud

Wisconsin's penalties for credit card fraud depend on the nature of the fraudulent actions and the total value of the items obtained through those actions. A total value of less than $2,500 counts as a Schedule A Misdemeanor punishable by a fine of up to $10,000 and up to nine months in prison.

You don't actually have to obtain money or valuable goods with a credit card under fraudulent circumstances to draw a Class A Misdemeanor sentence. The court may also find you guilty of this offense if you possess a counterfeit card, make false statements to obtain a card, or steal someone's card.

As the dollar amount of any fraudulently obtained goods goes up, so does the severity of the penalty. If that amount falls between $2,500 and $5,000, the court may find you guilty of a Class I Felony. You may then have to pay a fine of up to $10,000 and spend up to 3.5 years in prison.

Credit card fraud involving $5,000 to $10,000 in fraudulent purchases within a six-month period counts as a Class H felony punishable by a $10,000 fine and up to six years imprisonment. Anything above that level counts as a Class G Felony. This level of felony involves up to $25,000 in fines and up to ten years in prison.

Bear in mind that the fines noted above don't include whatever financial restitution the court might order you to pay to anyone who suffered losses as a direct result of the fraud. You may end up paying these additional amounts to the lending institution that issued the card or any individuals affected by your actions.

3. Evidence That May Go Against You in a Credit Card Fraud Case

One difficulty for defendants in credit card fraud cases lies in the fact that the prosecution can present many kinds of evidence that might seem less than rock-solid. For instance, simply receiving a credit card meant for someone else and not returning it within seven days may stand as evidence unless you can actively disprove fraud.

Other kinds of evidence may also force you to disprove the face value of their validity. Examples include possessing two or more altered or counterfeit cards, possessing a card issued to two or more individuals, and the presence of your signature on a card issued to someone else.

4. Possible Legal Defenses Against Credit Card Fraud Charges

Your attorney can help you put forth the strongest possible case in your defense. One potential defense involves the theft of your identity by someone who then committed credit card fraud in your name, essentially framing you for the crime. Coercion to use a card fraudulently, under duress, can also prove a valid defense.

Entrapment represents another potential defense against credit card fraud charges. In this scenario, you would show that someone set you up to perform the illegal act without your knowledge or understanding. If you honestly believed that you had proper authority to use the card, your attorney may make this point in your defense.

As many ways as the prosecution may have to present evidence against you in a credit card fraud case, it must also show one critical point: that you stood to benefit from the fraudulent actions committed. If you can show that you had nothing to gain and no intention of benefiting from your actions, the court might dismiss the case.

Cohen Law Offices knows how to defend individuals charged with a wide range of offenses, including credit card fraud. If you could use some help in this department, contact us today to schedule a consultation.

What are the Penalties for Fentanyl Possession?

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 27 Jul 2021 14:43:55 GMT

Given the recent opioid crisis, Wisconsin takes fentanyl possession very seriously. If you have been charged with this crime, you need legal assistance immediately because you could be facing jail time. An experienced attorney could help you achieve the best possible legal outcome.

In 2017, Wisconsin significantly increased the penalties for fentanyl possession when it added the chemical to the roster of Schedule I controlled substances. Now, anyone who possesses fentanyl or any of its analogs could be charged with a Class I felony. These penalties apply even on a first offense.

In Wisconsin, Schedule I controlled substances do not have medical use, and they have a high potential for addiction and abuse. This is why the law tries to punish them so severely. The state treats fentanyl every bit as seriously as heroin and LSD.

The punishment for possession of fentanyl depends on the person’s intent. The penalties increase substantially if there is intent to distribute.

Possession Without Intent to Distribute

The first offense for possession of a Class I controlled substance is considered a Class I felony. This is punished with:

● Jail time up to 3 ½ years and/or

● A fine of up to $10,000

Note that there is no mandatory jail time. The best outcome for those convicted of fentanyl possession would be to receive a suspended sentence. If you choose to work towards a plea bargain, your attorney could negotiate for little to no jail time for the first offense.

Possession with Intent to Distribute

Possession with intent to distribute is treated as a Class E felony, and the penalties are far more severe. They could include:

● Jail time up to 15 years and/or

● A fine of up to $50,000

Wisconsin has significantly increased its enforcement efforts. It now has the capability of testing fentanyl in field laboratories to see if the seized substance is fentanyl or one of its analogs.

Defenses to Fentanyl Possession Charges

Given the severity of the penalties, you need an attorney who knows how to effectively find defenses to the charges and fight for you. Defenses to possession charges could include:

● The substance seized was not actually fentanyl or its analog

● The evidence was illegally seized

● You did not knowingly possess the substance

● You did not have an intent to distribute

Alternatively, your lawyer may try to get your case into drug court to help you rehabilitate. This would focus less on punishment and more on improving your life. This would be more likely if there was no firearm used, and you were charged just with possession. Either way, you need to know your legal options as soon as possible, and your rights must be protected.

Call Cohen Law Offices Today

If you have been accused of a drug offense, call Cohen Law Offices today at (715) 514-5051 or contact us online. Our team of skilled attorneys is standing by to defend your rights.

Should You Consent to a Search of Your Vehicle?

mike@cohenlawofficesec.com (Michael Cohen) — Thu, 22 Jul 2021 14:39:05 GMT

When the police pull you over at a routine traffic stop or for another reason, they may want to do a search of your vehicle. They will usually ask you beforehand whether that is ok with you. There is a reason for this. If you say yes, you are waiving your right to object to the search, and the evidence that they seize can be used against you.

Do Not Give Consent to a Search

The best thing is always to say no to a search of your vehicle. You are under no obligation to agree to a search. The officer may execute the search anyway. Courts will usually give more leeway when officers execute searches of vehicles due to the possibility that evidence may otherwise be lost. Officers generally have the right to search your car in the following circumstances:

● They have probable cause to believe that evidence of a crime could be found in your car

● When they have arrested you

● If they have a valid search warrant

● If they believe that their safety is in danger from something in your car

● When they have impounded your car after an arrest

However, you should make the officers defend the legality of the search in court, as opposed to giving them permission yourself. If you consent, you cannot come back and argue that you were the victim of an illegal search.

Trying to Be the Good Guy May Cost You

Don’t worry about trying to earn goodwill points from the officer by saying yes when they ask to search your car. It does not work that way. If the officer finds something in your car, they will still use what they found as evidence, regardless of how they got it. They will not overlook something they find simply because you were trying to be the good guy.

The officer knows when they can and cannot search your car, and you should let them worry about the legality. If they are asking you, they may have their own doubts about whether one of the scenarios described above applies. There is no upside to making it easy for them. You should not worry about "looking guilty." Instead, you should be most focused on protecting your rights and making a possible legal defense of charges easier to mount. Your best bet is to calmly tell them no.

If the police have conducted an unlawful search, you could move to have the evidence that they have taken thrown out as fruit of the poisonous tree. You should preserve this option for yourself by saying no when you are asked to allow the search. It is better not to waive your rights.

Experienced Criminal Defense Lawyers

If you have been arrested and police have seized evidence, call the experienced criminal attorneys at The Cohen Law Offices today at (715) 514-5051 . We are committed to protecting your rights and resolving your case as favorably as possible. You can also contact us online. contact us online .

Defenses to Child Pornography Charges

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 14 Jul 2021 20:05:52 GMT

Child pornography charges can be devastating for you and your family. The prosecutor must still prove these charges beyond a reasonable doubt. Here are some common defenses that people use to contest allegations.

Illegal Search or Seizure

Child pornography requires evidence that you possessed or distributed the materials. Usually, law enforcement will seize a laptop or your cell phone because they suspect that it contains illegal material. Importantly, the police cannot just take your electronics. They need to honor your Fourth Amendment protections the same as they would with any other search. There is no general exception based on the alleged crime.

If the police want to seize your computer, they need a search warrant that is based on probable cause. If there is no search warrant, they need to rely on an exception to the Fourth Amendment. Without it, you may be able to have the illegally seized evidence thrown out of court.

Entrapment

In their zeal to catch and charge people, law enforcement could take things too far. They are not allowed to entrap suspects. If you are minding your own business, they cannot coerce or induce you to commit a crime, as doing so would violate your constitutional rights. If you are a normally law-abiding person, police cannot try to get you to commit a crime that you would never have committed otherwise. They are forbidden from engaging in:

● Pressure

● Coercion

● Trickery

● Fraud

There is a fine line between a legal sting operation and entrapment, and law enforcement often crosses it. If you can prove entrapment, you could successfully defend against the charges.

Accidental Possession

You cannot be convicted of possessing or distributing child pornography if you do not know that you are doing either. Instead, you must have the intent to commit the illegal act. This means that they knowingly possessed something that they knew to be child pornography.

Some people may be working on shared computers, or they may have lent their devices to someone else. They may have inadvertently ended up with illegal content on their computer that they did not download themselves. If you did not intentionally access or download the content, you may not be convicted.

Moreover, someone else could have placed the material on your device. You could have even had malware that put the content there. This would keep you from having the required intent.

The Material Was Not Child Pornography

Child pornography has a very specific legal definition. Usually, it must be pictures or videos of naked children or sexually explicit situations involving children. This means that the people depicted must be under 18 years old. If the subject of the content turns out to be over the age of 18, it is not child pornography, no matter what the defendant intended to possess. This also means that certain material may not be pornographic, depending on what it depicts.

Sex Crimes Attorneys

If you have been charged with or are being investigated for child pornography, call the experienced attorneys at Cohen Law Offices today at (715) 514-5051 or contact us to schedule your free initial consultation.

Can I Share My Prescriptions with Friends?

mike@cohenlawofficesec.com (Michael Cohen) — Fri, 25 Jun 2021 15:15:35 GMT

Prescription drugs are still drugs. They become legal because a doctor prescribes them for a medically valid purpose. The right to use them only belongs to the person in whose name the prescription is written. Sharing prescription drugs with someone else ranges from wrong to illegal, depending on the drug. An arrest for distributing certain drugs could bring serious consequences.

Friends may ask for a pill when they want or need it. If your prescription is for a controlled substance, this is where you can really get into trouble. This is true even if there is no money changing hands. While you may think that you are helping a friend, the law may not see it the same way.

What Are Controlled Substances?

Sharing certain prescription medications can be both a federal and state crime. The Controlled Substances Act strictly regulates how these drugs are to be prescribed and used. Prescriptions are governed by 21 USC §829. Controlled substances are classified according to schedules. Here are the various schedules:

· Schedule II - These are drugs like fentanyl that have the highest likelihood of abuse. This class has the highest restrictions.

· Schedule III - These prescriptions have a chance of abuse and include drugs like codeine.

· Schedule IV - These are drugs like Xanax that have a potential for addiction and abuse, but it is lower.

· Schedule V - This includes prescriptions that have low quantities of narcotics.

Sharing Prescriptions is Against the Law

Sharing some prescriptions can even be considered drug trafficking under the law. Anything that is regulated by the Wisconsin Controlled Substances Act could bring a jail sentence if the prosecutor could prove that you are in possession with intent to distribute. Prosecutors are treating overdose deaths like homicides in light of the opioid epidemic, and they may even target family and friends. You simply do not want to take this chance. This would include drugs like:

· Prescription sleep aids

· Anxiety medication

· ADHD medication

· Painkillers

In addition, if anything were to happen to your friend, you could also be legally responsible in a civil lawsuit.

It is also not the best idea to share prescriptions that are not controlled substances. Even if you are not sharing a controlled substance, it could still be dangerous. You never quite know whether the person could have a reaction to the drug and what the correct dosage is. This is why doctors oversee and supervise prescriptions. They could have an allergic reaction, or it could conflict with other medications that they are taking. Either way, your friend should consult with their own physician.

Criminal Defense Attorneys Helping Clients Facing Drug Charges

If you have been arrested on drug charges, call the attorneys at Cohen Law Offices at (715) 514-5051 or contact us to schedule your free initial consultation. We have the experience and skill required to protect your rights.

IID Violations in Wisconsin

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 22 Jun 2021 13:00:09 GMT

Wisconsin law requires that some drivers who have been convicted of drunk or drugged driving install ignition interlock devices (IID). If you need an IID in your vehicle, it is a firm requirement. If you are pulled over and do not have the device, or it is disabled, you can face serious penalties.

An IID is a type of key that you must use when starting your engine. There is an electronic device that is attached to your ignition. Before you start the car, you must blow into the IID. Essentially, it is a field sobriety test, and it will not allow your car to start if you have a BAC over .02 on three consecutive readings. The horn will blow and lights will flash after the first fail. IIDs effectively prevent motorists from driving drunk.

Who Needs an IID?

The following drivers are legally required to have an IID in their cars:

● Repeat OWI offenders (it does not matter how many years ago the initial conviction was)

● Motorists who have been convicted of one OWI where their BAC was over .15

● Anyone who has previously been stopped on suspicion of OWI and refused a sobriety test

IIDs are not cheap. They cost between $65-75 per month, and it often costs over $100 to install. However, it is a must if you want to start driving again after certain OWI convictions. Some drivers risk driving without one, but doing so is not a good idea. If officers pull you over when you need an IID, you can face legal consequences, even if you are not over the legal limit. This even applies to cars registered in your name if you are not driving them. Your family member or friend can be pulled over while driving your car, and you are the one who will face legal consequences, even if they just committed a minor traffic offense.

Penalties for IID Violations

Here are the penalties that drivers can face in Wisconsin for not following IID requirements:

● A first violation will result in a fine between $150-600, and the court may impose a jail sentence of up to six months.

● The initial order requiring an IID will automatically be extended for six months.

● A second violation will increase the fines up to $1,000, and it can also carry a jail sentence.

The IID order will apply for the first year that you have the ability to drive after the OWI conviction. If you fall under its requirements, you will need an IID. If you have been arrested for the failure to have one, you would need to negotiate with the prosecutor to avoid jail time unless there was something illegal about the traffic stop or your rights were violated in some other way. This is where you need an experienced attorney.

Experienced OWI Lawyers

If you have been charged with OWI or any other criminal motor vehicle offense that involves alcohol, call the experienced attorneys at Cohen Law Offices at (715) 514-5051 today. We are committed to helping people like you resolve their criminal matters as favorably as possible.

Pandering and Pimping: Frequently Asked Questions

mike@cohenlawofficesec.com (Michael Cohen) — Fri, 18 Jun 2021 09:55:57 GMT

Wisconsin (and every other U.S. state except for Nevada) recognizes prostitution as a criminal activity. However, the direct exchange of sexual favors for money doesn't count as the only sex-related crime prosecuted in the state. You can also get into trouble for two activities that encourage prostitution: pandering and pimping.

Although you can face serious penalties for pandering or pimping, you also have the right to defend yourself if for any reason those charges don't or shouldn't apply in your case. If you don't know much about these crimes and their defenses, these frequently asked questions can help you discuss the matter with a skilled attorney.

How Does Wisconsin Law Define Pandering and Pimping?

Some states lump pandering and pimping under catch-all crimes such as promoting prostitution. Subchapter V of Wisconsin's Criminal Code differentiates between these two activities by placing them under two separate statutes. Pandering falls under Wisconsin Criminal Code 944.33, while pimping (soliciting prostitutes) falls under 944.32.

The main difference between pandering and pimping revolves around whether you received money or other benefits. The law defines pandering as the solicitation of non-marital sexual activity between a known prostitute and someone else. It may also involve the passive encouragement or promotion of prostitution.

Pimping involves the intent, not just to facilitate prostitution, but to receive some direct benefit (from outright cash to a promised job promotion or other compensation) for your part in fostering the activity. In other words, if you profit from the transaction, the authorities may arrest you for pimping instead of pandering.

When Do These Charges Intersect With Human Trafficking Charges?

Under certain circumstances, an individual charged with pandering or pimping may also face charges of human trafficking. You could receive this charge if your actions included coercing or forcing others to engage in sexual activity against their will through threats of physical violence, financial ruin, or other forms of emotional leverage.

What Kinds of Penalties Can You Receive if Convicted?

Wisconsin regards simple pandering as a Class A misdemeanor, grouping it with such crimes as patronizing a prostitute or performing an act of prostitution. A Class A misdemeanor conviction can result in fines of up to $10,000 and nine months in prison.

Pimping or soliciting prostitutes counts as a Class H felony under Wisconsin law, prompting more serious penalties than pandering. Like pandering, a Class F felony can result in a fine of up to $10,000. Unlike pandering, however, it can also lead to up to six years in prison.

According to Wisconsin Stature 940.302 , human trafficking may count as either a Class D felony or a Class F felony, depending on whether you received direct compensation for your actions. A Class D felony may lead to fines of up to $100,000 and 25 years in prison.

The sexual trafficking of minors draws more serious penalties than the sexual trafficking of adults. Wisconsin law treats this crime as a Class C felony. A Class C felony in Wisconsin can result in up to $100,000 in fines and 40 years in prison.

Injuries or deaths that result from pandering, pimping, or related human trafficking can bring an extra layer of penalties to the table. Either the injured person or the deceased person's loved ones can bring a civil suit against you, potentially forcing you to pay both actual damages and punitive damages.

How Do Attorneys Defend Clients Against Pandering or Pimping Charges?

Wisconsin law describes the acts that constitute pandering and pimping fairly explicitly. While this clarity can make for an open-and-shut case, it can also open the door for you and your attorney to show that your actions didn't conform to the laws as described in the statutes, resulting in a successful defense.

Mitigating circumstances can provide you with a solid defense against pandering or pimping charges. For example, if you can show that you did not possess your full mental faculties due to intoxication or mental illness at the time, the court may not hold you responsible for your actions.

Your attorney may also defend you successfully by using the argument that you had no choice to perform the acts in question. If someone coerced you into pandering or pimping under duress (by threatening your life if you failed to obey, for instance), the court might agree that you could not have reasonably done otherwise.

If you can show that your arrest for pandering or pimping involved some form of police entrapment, the court may throw out the case against you. Your attorney might even manage to show that your arrest involved outright mistakes in the facts that merit dismissal.

Cohen Law Offices knows how to defend individuals charged with pandering, pimping, and a wide range of other criminal charges. If you face such charges, contact our law office as soon as possible to schedule a free initial consultation.

6 Defenses to Domestic Violence Charges

mike@cohenlawofficesec.com (Michael Cohen) — Thu, 17 Jun 2021 14:26:10 GMT

A domestic violence conviction can have a number of far-reaching implications on your life. When you are charged with the offense, you are innocent until proven guilty. You may have a number of defenses to the charges. Here are six ways that you could contest domestic violence charges:

Self-Defense

You may have either been attacked first or were worried about your own safety. As a result, you used some physical force that caused you to be arrested. There is a fine line between self-defense and domestic violence, and you are entitled to have your side of the story heard. You are allowed to use force to defend yourself, but you should be prepared for some very close scrutiny of what happened leading up to the incident.

You Were Defending Others

Self-defense principles also apply to protecting other people from violence. For example, if you were worried that your partner may harm your children, you would have a limited right to use some force. If you were doing what was reasonable under the circumstances, it may not be domestic violence.

Prosecutors Don’t Have the Evidence

Prosecutors must prove the charges beyond a reasonable doubt. This means that they must prove every single element of the crime, and they need evidence to back up their claims. Without it, you cannot be found guilty by a jury. If you are able to raise any reasonable doubt about the charges, you may be able to win an acquittal.

You Did Not Do It

Again, if it is your word against your accuser’s, prosecutors will need to have something more than just their account of the story. If you did not commit the offense, it may be difficult for law enforcement to gather the necessary evidence to convict you. This is another way of saying that there is reasonable doubt.

Police Did Not Follow the Legal Process Properly

You have a number of safeguards that protect your legal rights. For example, police must read your legal rights when arresting you. They cannot question you without an attorney present if you ask for one. Police cannot arrest you without having probable cause. The charges may be dismissed if police violate your constitutional rights.

The Physical Contact Was an Accident

To be convicted of domestic violence, you must have intended to do it. You cannot break this law by accident. If you slipped or did not intend to make contact with the alleged victim, you may be able to defend against the charges.

Before you accept a plea deal, you should speak with your attorney to figure out whether you have the ability to fight the charges. You may decide that a plea bargain is best, but you should first assess your legal case.

Experienced Criminal Defense Lawyers

If you have been charged with domestic violence, call the experienced attorneys at The Cohen Law Offices at (715) 514-5051 or contact us to discuss your case. We can review your case and advise you of your legal options.

FELONY OWI: What You Need To Know

mike@cohenlawofficesec.com (Michael Cohen) — Thu, 03 Jun 2021 19:55:05 GMT

An OWI 1 is in most cases, a civil matter rather than a criminal matter though a first offense can become criminal if there is an accident with an injury or if a minor is in the vehicle. A second or third offense are often charged as a misdemeanor. There are a variety of factors that may enhance or change those charges. A misdemeanor still carries serious consequences that our office can assist you with. There are certain circumstances in which an OWI can rise to a felony. Typically, whether it does depend both on whether someone was seriously injured and the number of offenses with which the driver has been charged.

Wisconsin has attempted to tighten its OWI laws to crack down on drivers. The state is particularly interested in punishing repeat offenders. The first offenses that a driver commits will result in misdemeanor charges, albeit with escalating penalties for each offense.

Multiple Offenses Will Lead to Felony Charges

Once the driver is arrested for their fourth OWI offense, they will face Class H felony charges. The felony charge will carry with it a minimum six-month jail sentence. The class of felony and the punishment increases on subsequent offenses beyond the fourth one. The fifth or sixth offense could bring a jail sentence of up to ten years. You may lose your driver’s license permanently if you are convicted of felony OWI and even your right to vote.

We recommend hiring an attorney to look into possible defenses on any and all OWI charges, even if it is a first offense. OWI convictions stay on your driving record for life in Wisconsin and could lead to enhanced penalties in the future if you face any additional OWI charges. If you have three OWI convictions on your record, you may face a felony level OWI charge. It is important that you hire an attorney to look into any and all options to defend your case.

Causing Serious Bodily Harm Could Mean a Felony

The other circumstance that could lead to a felony charge is when someone is in an accident that results in great bodily harm or death. It does not matter whether this was the driver’s first OWI arrest. If someone else is seriously injured, it could result in felony charges and jail time.

A felony conviction will have a serious impact on your life. It could keep you from being able to own firearms or get certain jobs in the future. It will lead to a criminal record that cannot be expunged. You may even be banned from traveling to Canada or the European Union. This is why you need legal help when you are facing felony charges. The progressively steeper penalties for OWI convictions mean that you should have an attorney for every OWI case, even if it is a misdemeanor.

There are other OWI offenses in Wisconsin that are treated severely, even if they are not charged as a felony. These include an excessive blood alcohol level and being arrested for OWI when there is a minor child in the car. If these aggravating factors are present with a felony OWI, it will greatly increase the penalties.

Call Cohen Law Offices Today

If you have been arrested for drunk driving, call us today at (715) 514-5051 or to schedule your free initial consultation. Our experienced team has what it takes to resolve your case as favorably as possible.

Plea Bargaining: What You Need to Know

websitebuilder@thryv.com — Tue, 01 Jun 2021 18:30:42 GMT

If you have been charged with a crime, then you should learn all about plea bargaining and how it works. More than 90 percent of all criminal cases in the country end in a plea deal. While there are several types of plea deals, most occur when a defendant agrees to plead guilty to a lesser charge than the crime they were originally accused of in exchange for a reduced sentence.

Plea bargaining is embraced by the court system because it helps resolve criminal cases more quickly and easily than when they go to trial. This quicker resolution benefits not only judges and attorneys who are often overwhelmed with a large number of criminal cases, but also taxpayers who fund the United States judicial system.

Read on to learn more about plea bargaining in criminal cases, including plea bargain types, advantages and disadvantages of plea deals, and more.

Plea Bargain types

There are three main types of plea bargains: charge bargains, sentence bargains, and fact bargains.

Charge bargaining is the most common form of plea bargaining today. When charge bargaining, a prosecutor typically offers to reduce the charge a defendant is facing to a lesser one or dismiss one charge when a defendant is facing multiple charges.

When sentence bargaining , a prosecutor offers a lesser sentence in exchange for an admission of guilt to the original charge.

During the least common form of plea bargaining called fact bargaining , a prosecutor and defense attorney agree to the version of the facts that will be presented in court.

When considering which type of plea bargain may benefit you most, realize that charge bargaining often also leads to a sentence reduction; when the original charge is reduced or one charge is dropped, the sentencing guidelines for the crime committed tend to automatically become more lenient.

PLEA BARGAINING ADVANTAGES

While plea bargains often lead to sentence reductions, these agreements also offer these additional advantages:

A guilty plea, even after plea bargaining, looks better on a criminal record than a conviction that occurs after a trial. People who admit to their crimes often seem more remorseful than those who do not.
You can often, but not always, reduce a felony offense to a misdemeanor with plea bargaining. Felony convictions are very undesirable because some employers often hesitate to hire convicted felons and some business licenses can be revoked after this conviction type.
Accepting a plea bargain can prevent the time wasted and the expense of a lengthy trial when you suspect that the prosecutor has enough evidence to convict you.

If you do not like the idea of pleading guilty to a crime to obtain a plea bargain, then your attorney may be able to create a plea deal in exchange for your no contest plea instead. While both not-guilty and no contest pleas have their unique benefits, a plea of no contest cannot be used against you in a civil lawsuit filed by your alleged victim in the future, unlike a not-guilty plea.

Plea Bargaining Disadvantages

Before you agree to a plea bargain, you should also consider the disadvantages of these deals in some situations.

If your attorney does not believe that the prosecutor has enough evidence to convict you, then rejecting a plea bargain and instead fighting your charge in trial could lead to a not-guilty verdict.

When found not guilty, you serve no jail time and do not have a conviction on your criminal record that will be seen every time someone performs a background check.

Additionally, some plea bargains benefit the accused very little. If your attorney cannot change the terms of a bad plea agreement, then you have little reason not to attempt to prove your innocence at trial.

Finally, some people do regret accepting plea bargains when it is too late to reverse the agreement. You can avoid this disadvantage by always discussing a plea bargain in-depth with your attorney and only accepting it if it poses great benefit to you.

Additional Plea Bargain Facts

No plea bargain agreement can be made official until a judge or other designated court official approves it. While plea deals are rarely rejected by judges, the deals that are rejected are often considered too lenient.

In addition, contrary to popular belief, plea bargaining is not only performed before a trial begins. Some defendants lose their confidence that they will be found not guilty mid-trial and decide to accept a plea bargain before they are found guilty by the judge or jury.

Also, you and your attorney do not have to accept the first plea deal the prosecutor offers. Your attorney may reject the first deal presented to encourage the creation of a new deal that is more beneficial to you.

Finally, while plea deals are legally binding agreements that should not be entered into lightly, these deals can be withdrawn in some cases. Your attorney can file a motion to withdraw a plea deal if it was entered into by your attorney without your permission, you did not have an attorney when you made the deal, you were coerced into the plea deal, or when one of several other unique situations occur.

If you have been charged with a crime, realize that plea bargaining can be beneficial to defendants in many situations. Contact the criminal defense attorneys at Cohen Law Offices for expert legal defense today.

Wisconsin Sex Offense FAQ

mike@cohenlawofficesec.com (Michael Cohen) — Wed, 26 May 2021 20:08:15 GMT

What are Sex Offenses?

Sex offenses are criminal offenses related to sexual conduct, like sexual assault, possession of child pornography, prostitution, or solicitation. Importantly, even mere accusations of sexual offenses can ruin your reputation, and a conviction could label you as a sex offender for the rest of your life.

What Should I Do if I Have Been Accused of a Sex Crime?

If you have been accused of a sex offense, the first call you should make is to Cohen Law Offices to secure legal representation. In addition, while it's certainly a natural reaction to want to defend yourself and tell people you're innocent, it's critical that you do not speak to anyone about your case, including the alleged victim and the police. Anything you say to either is much more likely to hurt your case than help it.

What are Potential Defenses to Allegations of Sex Crimes?

Mere allegations of sexual misconduct are not the same thing as a conviction, and there are often many defenses available in sex crime cases. Some of the more commonly used defenses include:

· Impeaching the credibility of the victim

· Introducing evidence that indicates that you could not have engaged in the alleged conduct

· Showing that the victim had consented to the sexual contact

· Involuntary intoxication

An attorney familiar with sex offense defense in Wisconsin will be able to analyze the facts of your case and determine what defenses may be applicable in your case.

What Should I Look for in a Wisconsin Sex Crime Defense Lawyer?

Defending against allegations of sex crimes is different than many other areas of criminal defense. For this reason, if you've been accused of sexual misconduct, it's in your best interest to retain an attorney that focuses his or her practice on sex crime defense and has a track record of obtaining favorable outcomes on behalf of his or her clients.

What Can an Attorney Do for Me?

Many people are uncertain about the specific ways in which an attorney can help while an investigation or case is pending. The criminal justice system is adversarial, and it's imperative that you retain an attorney to protect your rights every step of the way. Some of the ways in which a lawyer can help you include:

· Determining whether the police violated your rights during their investigation

· Representing you during questions

· Speaking to the media on your behalf

· Finding procedural or substantive weaknesses in the prosecution's case against you

· Attempting to negotiate a favorable plea bargain

· Representing you at trial

· Seeking post-conviction relief

Call Cohen Law Offices Today

If you have been accused of a sex crime, it's in your best interest to call Cohen Law Offices today at (715) 514-5051 . Michael Cohen and his team of experienced attorneys are standing by to protect your rights and resolve your case as favorably as possible. To schedule a free case evaluation with a member of our team, call our office today or contact us online .

When is an OWI a Felony in Wisconsin?

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 18 May 2021 19:57:49 GMT

An OWI in Wisconsin is a class H felony when it’s your fourth OWI offense. A conviction for felony OWI carries very severe penalties, including:

· 60 days up to six years of jail time

· Driver’s revocation for up to three years

· Fines up to $10,000

· Driver’s license revocation for life, if you have a previous conviction in the past 15 years

· A $435 surcharge for driver improvement

· Absolute sobriety if eligible for occupational driver’s license

· Up to three years of an ignition interlock device

· Travel restrictions on certain countries

It's also crucial to note that in the event that you were pulled over for a fourth OWI and your blood alcohol concentration (BAC) was .17 or higher, you'll be facing harsher penalties:

· .17 up to .199 BAC – Penalties will be doubled, such that jail time might be from 120 days to 12 years and fines up to $20,000

· .20 up to .2499 BAC – Penalties will be tripled, such that jail time might be from 180 days to 18 years and fines up to $30,000

· .25 BAC or higher – Penalties will be quadrupled, such that jail time might be from 240 days to 24 years and fines up to $40,000

With all instances of felony OWI offenses (fourth or subsequent offenses), the penalties increase when the OWI incident involved a minor under 16 years old and/or a pregnant woman as a passenger, injuries, great bodily harm, and/or death. Because every case is complex and different, consulting an experienced OWI lawyer to understand the penalties that may be applicable to your case and explore your legal options is a must.

Fighting an OWI Charge

The circumstances of each OWI charge will differ greatly from one case to the next, but some of the common defenses OWI lawyers use to fight an OWI charge include:

· Improper stop

· Rising BAC

· Challenging the field sobriety test, standard breathalyzer test, and/or portable breathalyzer

· Challenging the security of the blood test’s chain of custody

The Consequences of a Felony Conviction Can Be Serious

It’s clear that a felony OWI conviction can result in serious legal penalties. It’s also important to be aware of the fact that any felony conviction can also result in serious collateral consequences, such as problems finding a job or a place to live, disqualification from certain categories of jobs, damage to your reputation, and the inability to legally own a firearm. In addition, if you work in a regulated profession, a felony conviction may make it difficult to obtain a license, and you may lose an existing certificate if you already have one. Fortunately, in many cases, an experienced lawyer can help mitigate the long-term consequences of an OWI charge.

Need Help with an OWI Charge? Speak to an Experienced OWI Attorney Today

If you have been accused of OWI, Call the Cohen Law Offices at 715-514-5051 or reach out to us by filling out our online contact form . We offer free consultations and are committed to bringing your case to the most favorable resolution possible.

What is a Diversion Program?

mike@cohenlawofficesec.com (Michael Cohen) — Mon, 10 May 2021 15:46:39 GMT

If you have been charged with a drug crime, or most crimes, and have a limited criminal record – or no criminal record at all – you might be eligible to take part in a diversion program. There are several forms of Diversion programs. They may be different for different crimes. The primary purpose of a Diversion program is to allow you an opportunity for a charge reduction or a complete dismissal of your criminal charge. In terms of a reduction, you might be able to have your felony drug charge reduced to a misdemeanor charge.

A guilty finding or conviction for a drug charge or other crime can lead to very serious criminal penalties. You might have to pay significant monetary fines or even spend time in jail. In addition, a drug charge or conviction can be a serious black mark on your criminal record. Moreover, it could impact your ability to get a job, find a place to live, or go to school. Therefore, if you take part in a diversion program and are able to reduce your criminal charge – or eliminate it altogether – that can be a very good thing.

Eligibility for and Participation in Diversion Programs

If you are facing a criminal drug charge, or other felony or misdemeanor crime, you might be eligible to take part in a Diversion program under certain circumstances. A knowledgeable drug crimes attorney will be able to determine if you are eligible to take part in one of these programs.

The length of a Diversion program varies. During the period of time of the program, the participant’s criminal case is effectively on hold. The program will allow participants to demonstrate that they have been rehabilitated. In return, the court could elect to dismiss or reduce their criminal charge.

During the program, an offender will be under the supervision of a Diversion Coordinator. The coordinator runs the program and supervises all of the program participants. Individuals who take part in the program will have to take part in certain activities and tasks. Moreover, participants must not be arrested for a new criminal charge while they are taking part in the program. Some offenders will be required to complete community service hours, take part in counseling, and pay restitution.

There are also costs associated with taking part in a diversion program. The initial start-up fee varies by County.

Speak to an Experienced Drug Crime and OWI Defense Lawyer about Your Case Today

For a free case evaluation and legal consultation with a skilled drug crime and OWI defense attorney, please call us today at (715) 514-5051 or contact us online. If you are facing a criminal drug or other serious charge, the experienced attorneys at Cohen Law Offices will explain all of your legal options and safeguard your rights while your criminal case is pending.

Sexting and Minors – the Law in the State of Wisconsin

mike@cohenlawofficesec.com (Michael Cohen) — Fri, 07 May 2021 15:35:54 GMT

Child pornography, causing harm to a child, and sexual exploitation of a child laws which are on the books in the State of Wisconsin criminalize and punish teen sexting. In fact, these crimes are felony offenses, and a conviction can result in significant penalties – including jail time, monetary fines, and probation. These potential penalties are also different depending upon whether a child or an adult commits the offense.

If you are facing charges that stem from a teen sexting incident, it is important that you have knowledgeable legal counsel on your side representing you throughout your case. The experienced attorneys at Cohen Law Offices will be able to protect your legal rights while your criminal case is pending and can help you formulate a strong legal defense to your charge. Please call us today at (715) 514-5051 or contact us online for more information about how we could assist you with formulating your legal defense.

What is “Sexting”?

The term ‘sexting’ typically refers to sending sexually suggestive images or nude images through some electronic medium. This usually means that the pictures are sent by way of an online chat board, social media website (such as Facebook, Twitter, or Instagram), email, or text message. In recent years, the practice of sexting has become more common among teenage children, who in many cases are minors themselves. In addition, sexting nude or sexually suggestive images can be used as a means of harassing or bullying others.

How Does the State of Wisconsin Criminalize Sexting?

The State of Wisconsin charges and punishes teen sexting under its laws pertaining to causing harm to a child, sexual exploitation of a child, and child pornography. All of these laws prohibit possessing, distributing, or creating a visual depiction of a minor (i.e., someone who is under 18 years of age) who is engaging in conduct that is sexually explicit. ‘Sexually explicit conduct’ includes not only simulated or actual sexual intercourse but also lewd exhibition of an intimate body part and masturbation.

In order for you to be found guilty of a teen sexting charge, the prosecutor who is assigned to your case will have to prove your guilt beyond a reasonable doubt – or beyond a doubt that is based upon ordinary common sense and reason. If the prosecutor cannot satisfy his or her legal burden, then the charge or charges against you could be dropped. However, if the prosecutor is able to meet the required burden of proof, then you could be sentenced to various criminal penalties. In a teen sexting case, the potential penalties upon conviction depend upon whether the accused individual is a child or an adult.

Call Us Today to Schedule a Free Case Evaluation

For a free case evaluation and legal consultation with a skilled criminal defense attorney, please call us today at (715) 514-5051 or contact us online. If you have been criminally charged under a Wisconsin sexting law, it is important that you have legal counsel at the ready to assist you throughout your criminal case.

Roadside Testing for Marijuana is on the Horizon

mike@cohenlawofficesec.com (Michael Cohen) — Mon, 03 May 2021 15:43:13 GMT

The national trend in various jurisdictions across the United States today is to legalize marijuana use – even recreationally. As a result, many motor vehicle operators who are on the road have at least a small amount of THC in their systems. The way it works right now, police officers and other law enforcement officers test for the presence of THC in a driver’s body following the driver’s DUI arrest. However, law enforcement officers want to be able to test for THC prior to an arrest. Consequently, a market is quickly developing for roadside THC testers, and many of these devices are anticipated in the near future.

Drug charges and convictions on a person’s criminal record can lead to serious consequences. In addition to the penalties imposed by a judge for a drug offense, the accused individual will also have to deal with the black mark of an arrest or conviction on his or her criminal record. The experienced drug crime and OWI defense attorneys at Cohen Law Offices can explore legal defenses in your case and could help you pursue the best possible result. For more information about how we could assist, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

Why is Roadside THC Testing Necessary?

Many law enforcement agencies are of the opinion that roadside THC testing is necessary if a police officer suspects that a driver is impaired by drugs or alcohol while operating a motor vehicle. Since many states across the country are allowing marijuana, even for recreational use, more drivers are getting behind the wheel while they are still under the influence of THC. THC is marijuana’s psychoactive chemical compound, and being under its influence can have a significant impact on the way a driver operates his or her vehicle. The side effects of THC often include altered perception of time, an inability to concentrate, extreme relaxation, and euphoria.

Since OWI is becoming a bigger problem across the country, many police officers are trained to be on the lookout for signs of impaired driving. Law enforcement agencies also want police officers to have testing equipment that they can use at the scene to detect the presence of THC in a driver’s body.

Roadside Drug Testing that is Currently in Use

To date, there are four manufacturers who have created various devices that are being marketed to law enforcement agencies for THC detection. The current roadside testers which are in use are the drug test 5000, The Device (also known as mLife), the So Toxa Mobile Test System, and the Drug Wipe S. All four of these devices are able to detect the presence of THC in a driver’s oral fluids.

However, one of the main problems with these testers is that they are not universally reliable. For example, although they can test for the presence of THC in a driver’s bodily fluids, they are not able to detect the amount of THC which is present. Moreover, these devices can detect THC that may have been present in the driver’s bodily fluids for a maximum period of 78 hours. This may be long after the effects of THC in the person’s system have disappeared.

Contact an Experienced Drug Crime and OWI Defense Attorney Today

If you are facing a criminal drug charge, you should call Cohen Law Offices at (715) 514-5051 . We have the skill and experience required to protect your rights and bring your case to the most favorable resolution possible.

Did the COVID-19 Pandemic Bring the Surge of Child Abuse Cases Experts Predicted?

websitebuilder@thryv.com — Mon, 26 Apr 2021 15:57:40 GMT

At one point, it was anticipated that child abuse cases would increase significantly while the COVID-19 pandemic was ongoing. However, according to the United States Department of Health and Human Services regarding child welfare, there are no established statistics to support that hypothesis. In fact, according to an annual report that was prepared by the Administration for Children and Families during the 2019 fiscal year, the rates of child neglect and abuse actually fell by more than three percent during the pandemic.

Many experts feel that by providing additional resources to families who are at risk, including both mental health services and housing services, the rates of child abuse and neglect may continue to go down. However, child abuse is still an issue throughout the country. In fact, if you are charged with and found guilty of suspected child abuse or neglect, you could be facing serious criminal penalties. You might also be prevented from spending time with your children going forward.

What is Child Abuse and Neglect?

The umbrella terms of child abuse and neglect encompass various types of behavior. These behaviors include sexually exploiting or abusing a child, injuring a child, treating a child poorly, or negligent treatment of a child. Moreover, the acts of the abuser must have a negative impact on the safety, welfare, and/or the health of the child. Certain types of physical discipline do not ordinarily constitute child abuse.

The Impact of the Pandemic of Child Abuse/Neglect Criminal Arrests and Charges

Many experts predicted that the COVID-19 pandemic, which is still ongoing, would increase the rates of child abuse and neglect across the country. However, it appears that the exact opposite has occurred. On the one hand, children have been spending more time with their parents since they have not been able to attend school on a regular basis until more recently. However, this does not seem to have increased the rates of child abuse over and above those that existed prior to the pandemic.

Moreover, in some areas, the pandemic may have decreased the ability of the state to punish child neglect and abuse. Going forward, it might be helpful to provide at-risk families with financial services and housing improvements in order to prevent problems before they ever start. This proactive approach could significantly lessen the number of arrests and convictions for crimes related to child abuse and neglect.

Accused of Child Abuse?

Call Cohen Law Offices Today

For a free case evaluation and legal consultation with an experienced criminal defense attorney, please call us today at (715) 514-5051 or contact us online.

Criminal child abuse and neglect charges and convictions can have a serious impact on your life. If you are facing one of these charges, the experienced attorneys at Cohen Law Offices can help by protecting your legal rights and defending you against your pending charge.

Credit Card Fraud in Wisconsin: What You Need to Know

Fri, 23 Apr 2021 13:57:01 GMT

You have likely heard of credit card fraud, but you may not understand exactly what this crime entails. The truth is that someone can perform credit card fraud in Wisconsin, as well as in other states, by performing certain illegal actions when obtaining a credit card, possessing one, or using one.

Read on to learn what you need to know about credit card fraud in Wisconsin, including the many ways this crime is committed, the legal repercussions for these crimes, and possible credit card fraud defenses.

Credit Card Fraud Offenses

Wisconsin state credit card fraud laws apply to both credit and debit cards, which are both considered types of financial transaction cards.

Supplying False Written Statements

This crime is typically committed by lying on a credit card application. Lying about your personal information — including your name, social security number, or income — on one of these applications is prohibited by law.

Stealing, Possessing, or Using Another Person’s Financial Transaction Card

A person breaks this law by taking anyone's credit or debit card without their consent with the intent to use or sell the card, even if they never actually end up using or selling it.

Fraudulent use of a credit card is also a crime in the state. This crime is typically committed when a person purchases goods or services with another person's financial transaction card without their permission.

Using someone’s lost credit card is also prohibited under Wisconsin law, along with possessing a lost credit card. Legally, you can briefly hold onto a lost card that you intend to attempt to return to its rightful owner. But possession of this card with intent to sell it, use it in the future, or give it away to someone other than the rightful owner is against the law. Typically, the possession of a lost credit card for seven days or longer is considered evidence that you intend to use or sell it.

Possessing or Using Fake or Altered Cards

Possession of a counterfeit or altered financial transaction cards is also considered credit card fraud in the state of Wisconsin, as well as the act of creating a counterfeit card or altering an existing one.

These laws are a few of the most commonly broken credit card fraud laws in the state, although there are many other credit card laws in Wisconsin.

Penalties for These Crimes

The penalties vary depending on the specific type of credit card fraud committed and the value of any goods fraudulently obtained with a financial transaction card.

Credit card fraud types typically considered Class A misdemeanors include making false statements to obtain a card and fraudulent use of a card to obtain goods or services valued at under $2,500. The penalty for this crime consists of a fine of up to $10,000 and up to 9 months in jail.

The act of creating counterfeit credit cards or obtaining goods or services valued at $2,500 or more with fraudulent use of a financial transaction card are considered felony crimes with much stiffer penalties.

Creation of counterfeit credit cards is a Class I felony with a sentence up to 3.5 years in prison and a fine of up to $10,000. The sentence for felony fraudulent use of a credit card can include a fine of up to $25,000 and up to 10 years in prison.

Possible Credit Card Fraud Defenses

A person accused of credit card fraud has many possible legal defenses, including:

You mistakenly used the wrong card when you intended to use your own.
You believed you had permission from the rightful owner of the card to use it to purchase goods or services.
Another person coerced you into using the card, and they threatened your safety if you did not.

Your attorney will examine the evidence presented by the prosecution and all details of the purported crime provided by you before they decide on the best defense for your case.

If a person is instead accused of supplying false statements to obtain a financial transaction card, an attorney may defend them in a couple ways. They may state that the individual entered the false information in error when attempting to input valid information. Or they could state that the person filled out the credit application form for another consenting party who then forgot they provided permission to apply for the card on their behalf.

When charged with possession of a counterfeit card, an attorney can try to prove that the accused believed it to be a legal financial card issued by a legitimate financial institution.

Credit card fraud laws in Wisconsin prohibit fraudulent use of another person's credit card and many other illegal acts involving the creation, possession, and use of financial transaction cards. If you have been accused of breaking Wisconsin credit card fraud laws, then contact the experienced criminal attorneys at Cohen Law Offices for expert legal defense today.

Can You Claim Self-Defense in a Domestic Violence Case?

mike@cohenlawofficesec.com (Michael Cohen) — Thu, 22 Apr 2021 15:02:19 GMT

Being accused of domestic abuse or violence could be very difficult to overcome, and anyone charged with domestic violence knows that they will be facing an uphill battle. But a successful claim of self-defense could help reduce the charge or even eliminate it.

Claiming self-defense in domestic violence cases is fairly common. But the rules surrounding the circumstances in which an individual could defend themselves and the degree of physical force they would be legally allowed to use could be very confusing. Also, self-defense is considered a statutory defense in most states but could be expanded or modified by courts based on specific circumstances.

It’s important to note that domestic abuse isn’t about gender, size, or strength. It is really about power, control, and abuse. Likewise, preventing or stopping dangerous, even fatal, situations, whether you are a woman or man trapped in an abusive situation, is a basic human right. Take note that domestic violence occurs in same-sex relationships as well.

What Exactly is Self-Defense?

Self-defense is generally a defense grounded on justification. Basically, it focuses on the defendant’s actions and argues that the offense should be exempt from criminal liability. Self-defense claims can be used for homicide, battery, assault, and yes, domestic violence cases since they always entail the use of physical force.

In general, for your self-defense claim to be considered justifiable, you must have utilized physical force in response to an imminent threat of severe bodily harm or death. In this instance, your actions will be considered protective. However, your defense will only be deemed legal if you were faced with an imminent, unprovoked attack, and it was objectively reasonable that your actions were necessary to stop or avoid the attack.

In certain situations, a defendant, who’s also the initiator of the domestic violence incident, could still claim self-defense. For example, if the alleged victim utilizes excessive and unreasonable force against the defendant or if the alleged victim continues to pursue the defendant after the defendant attempts to withdraw from the physical confrontation.

T he Elements of a Successful Self-Defense Claim

For a self-defense claim to succeed, the following elements must be satisfied:

· With certain exceptions, a defendant should provide undeniable proof that she or he did not provoke the attack.

· The defendant must prove that he or she was threatened with imminent death or serious injury.

· The defendant should prove that the amount or degree of physical force used was reasonable under the specific circumstances of the incident.

· The defendant must provide proof that she or he feared dying or getting seriously injured, and the only way out of the situation was self-defense.

Get Legal Help from a Criminal Defense Lawyer Today

Call the Cohen Law Offices at 715-514-5051 or reach out to us online to schedule a free evaluation of your domestic violence case. A domestic abuse conviction carries severe consequences, so if you’ve been charged with or have been arrested for domestic violence, consult with a criminal defense lawyer immediately. Our experienced lawyers can figure out the strongest and most suitable defenses to help ensure the best possible results for your case.

A Defendant's Guide to Arson Charges and Defenses

Mon, 19 Apr 2021 18:39:34 GMT

a defendant s guide to arson charges and defenses a defendant s guide to arson charges and defenses

The clearer your understanding of the basic elements of arson, from its criminal definition and Wisconsin laws regarding penalties to your potential legal strategies, the better your chances of defending yourself against such a charge. Take a moment to introduce yourself to the following key points about arson charges and defenses.

Arson Definition

Wisconsin lays out its definitions of arson in Chapter 943 of the Wisconsin Code regarding crimes against property. Paragraphs 943.02(1)(a) and 943.02(1)(c) define destruction of another's property by fire or explosives as arson.

The Wisconsin Code addresses the issue of arson with intent to defraud. According to Paragraphs 943.02(1)(b) and 943.04, destruction of property by fire for the purpose of filing a fraudulent insurance claim counts as arson.

Even if the property did not actually burn or explode, you can still face criminal charges as long as you placed explosives or combustible materials in or near the property with the intention of destroying it. The Wisconsin Code clarifies this point in Paragraph 943.05, Placing of combustible materials an attempt.

The destroyed property in question need not involve a residential or commercial structure. You can also receive an arson charge for blowing up or setting fire to someone's land or other possessions. The Wisconsin Code includes and explains these offenses under Paragraph 943.03, Arson of property other than building.

Arson Charges and Penalties

Like many crimes, arson charges vary according to the perceived type and degree of the offense. Wisconsin law classifies destruction of another's property by fire or explosives as a Class C felony. A Class C felony may incur penalties of up to 40 years in prison and/or $100,000 in fines.

Destruction of another's property other than a building counts as a Class I felony, potentially resulting in penalties of up to 3.5 years and/or $10,000 in fines. The same crime committed to defraud an insurer counts as a Class H felony. A Class H penalty may result in penalties of up to six years in prison and/or $10,000 in fines.

These numbers represent the maximum potential criminal penalties in arson cases. The actual penalties imposed, while remaining with the ranges of the felony in question, may depend on a variety of details and circumstances. For instance, you may receive a stiffer penalty if the arson involved an occupied building versus an abandoned one.

Arson can lead to penalties above and beyond those of the felony conviction. If the court finds you guilty of arson, anyone who suffers personal or financial injury because of your action may mount a civil lawsuit against you. Your insurer has no obligation to come to your defense in this kind of lawsuit.

Don't assume that the amount sought by the plaintiff in such a civil case represents the total amount you must repay. The Wisconsin Code directs the court to award treble damages (three times the actual damages figure) to the injured party. Treble damages also apply to a case of arson that causes wrongful death.

Arson Defenses

You may face an uphill battle when defending yourself against an arson charge. For one thing, insurance companies, forensic experts, and other investigating parties make a point of collecting sufficient evidence to support such a case. Your position grows even more tenuous if you had the motive and opportunity to commit arson.

Fortunately, a skilled defense attorney knows how to explore every possible angle that might weaken the state's supposedly ironclad case against you. For instance, the fact that you had a potential motive to commit arson doesn't necessarily constitute proof, nor does the mere fact that you had the ability to commit the crime in question.

Your best bet for a successful arson defense may hinge on convincing the court that someone else (or even no one at all) committed the crime. Your attorney will examine all the available evidence for any sign of another person's presence at the scene or some natural event that might have caused flammable substances to combust.

One key to your successful defense against arson charges may lie in the methods, tools, and techniques used to commit the crime. If your attorney can portray the arson as the clear work of a professional arsonist, your lack of such specialized knowledge or equipment could eliminate you as a valid suspect.

Keep in mind that, by arson's very definition in the criminal code, the defendant must have knowingly destroyed another's property. This requirement of malicious intent may give your attorney an opening to defend any destruction on your part as purely accidental, potentially forcing the court to dismiss the arson charge.

Cohen Law Offices can discuss the arson charges against you and help you understand your options for securing the best possible legal outcome for your case. C a ll Today at 715-514-5051 to schedule a consultation and speak to an experienced attorney.

What Happens after an Arrest?

mike@cohenlawofficesec.com (Michael Cohen) — Fri, 16 Apr 2021 16:35:39 GMT

An arrest occurs when the police take an individual suspected of a crime into custody and is no longer free to move around or leave. Getting arrested could be a scary and traumatic incident, particularly for people who have never experienced being arrested before. During your arrest, you must remember to stay as calm as you can and follow all the instructions given to you.

However, you should protect your constitutional rights, also called the Miranda Rights, by politely yet firmly refusing to talk about the situation while you wait for your defense lawyer to arrive. Once you’ve been arrested, you will be booked and held in custody.

What Happens to Your Case?

After the arrest, but before the trial, your case might go through the following stages:

· Filing the Charges: The prosecutor will decide whether to file charges against you and what charges are most applicable to your case.

· First Appearance or Arraignment: You will be formally charged. Bail and dates for future court proceedings may be set, and you can enter your plea.

· Plea Bargaining: This is the last stage in most criminal cases unless the defendant pleads not guilty. During this stage, the defense and prosecution will come to an agreement that you either plead no contest or guilty in exchange for dropping charges or reducing your sentence. Your attorney may also attempt to have your case dismissed based on the specific facts of your case and the evidence against you.

· Motion Practice: Lawyers will be able to make pretrial motions prior to your case going to trial. These can include motions to withdraw a guilty plea, suppress evidence, or change venues.

· Preliminary Hearing: It is during this stage that the judge will determine whether there was probable cause. Depending on the decision of the judge, the case may go to trial, or the defense and prosecution can try to renegotiate a plea bargain.

· Pretrial Conference: The defense and prosecution will meet to deliberate on the evidence before the trial.

Were You Lawfully Arrested?

It’s vital to keep in mind that police officers must, at all times, uphold your constitutional rights during and after your arrest. Most notably, your rights to reasonable searches and to only speak when your lawyer is present. If the police violate any of your rights, the court may dismiss your case due to an unlawful arrest. It’s likewise possible that the court may consider certain evidence against you inadmissible if it was obtained during an illegal arrest.

Think that Your Arrest was Unlawful? Seek Help from a Criminal Defense Lawyer Today

If you believe that your arrest was unlawful, call the Cohen Law Offices at 715-514-5051 or get in touch with us via our online contact form to arrange a free assessment of your case with one of our experienced criminal defense lawyers. Remember that probable cause isn’t always clear and could vary greatly based on the specific circumstances of any case. Your defense attorney might be able to refute the basis or legality of your arrest, including the evidence discovered during the incident.

Is Weed Still Illegal?

mike@cohenlawofficesec.com (Michael Cohen) — Mon, 12 Apr 2021 13:10:32 GMT

Yes, weed is still illegal. However, Governor Tony Evers is pushing to legalize the recreational and medicinal use of marijuana in Wisconsin. He recently announced that this initiative would be included in the 2021-2023 budget. According to Evers, most Wisconsinites support the legalization of weed. He cited a Marquette University study that showed six in 10 Wisconsinites support the legalization of recreational marijuana use, and 83% support legalizing cannabis for medicinal purposes.

The Proposed Weed Rules

In the plan, Evers proposed the following:

· Only individuals who are 21 years old and up can purchase marijuana.

· Wisconsinites would be legally allowed to have in their possession two ounces of weed and not more than six plants, which are only allowed for personal use.

· Non-residents could only possess up to a quarter-ounce of marijuana.

The Big Money Question

So where will the money go? Evers is giving the responsibility of regulating and taxing the cannabis industry to the Department of Agriculture, Trade, and Consumer Protection (DATCP) as well as the Department of Revenue (DOR). Legalizing and taxing weed in the state will ensure product safety and a controlled market for both medicinal and recreational users of marijuana. Additionally, legalization will help create more job opportunities and increase revenue.

According to estimates by the Evers administration, legalization could bring in about $165 million in revenue yearly, beginning at the proposed budget’s second year. The governor also adds that approximately half of the money would be used for a community reinvestment fund and that $34 million would be utilized for supporting rural school districts.

Weed Laws in Wisconsin

Currently, both medicinal and recreational cannabis are still not legal in the state. However, individuals with approved medical conditions can legally use and possess cannabinoids or CBD oil in certain amounts. A first offense of marijuana possession is classified as a misdemeanor, but subsequent offenses may be classified as felonies. This could mean imprisonment and costly fines. Offenders of minor possession can be penalized with a fine in the cities of Eau Claire, Superior, Madison, and Milwaukee.

Last year, however, the Madison Common Council approved the decriminalization of possessing and using marijuana in the city. The rules included allowing individuals who are 18 years old and above to possess or use not more than 28 grams of marijuana on private and public property, provided that they’ve been given permission by the tenant, landlord, or property owner. Also, smoking weed is still illegal on Capitol or state-owned grounds and anywhere else where smoking tobacco is illegal, such as on school buses or within 1,000 feet of schools.

Racial Disparities and Current Marijuana Laws

According to the American Civil Liberties Union (ACLU) of Wisconsin, the state’s current marijuana laws show racial inequalities. Based on a recent report, the Union found that Black people are approximately four times more likely to be arrested for possession of weed than white people. It commended the governor’s proposal, calling it a crucial step towards racial equality in the state.

Facing a Drug Charge? Contact a Drug Crimes Lawyer Today

Call the Cohen Law Offices at 715-514-5051 to schedule your free consultation or use our online contact form to get in touch with one of our experienced drug crimes attorneys today.

Sexual Assault Allegations Stemming from Spring Break

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 06 Apr 2021 15:16:31 GMT

Spring break is an excellent time for college students to blow off some steam before finals. It can, however, be a problematic time, as well. All too often, unfortunately, spring breakers have a knack for getting into all sorts of trouble when partying, especially when alcohol and illegal drugs are involved. Some of them may go back to their homes or dorms with more than just fun memories — but also with criminal charges, such as sexual assault charges.

The whole “party like there’s no tomorrow” atmosphere of spring break typically leads to sexually charged acts and encounters between young adults. But this same environment also often leads to sexual assault allegations.

Penalties for Sexual Assault

Sexual assault occurs when an individual engages in contact or touching of a sexual nature with another individual who hasn’t given her or his explicit consent. It generally involves violence, the threat of force, or actual force. Consent is usually a huge issue, particularly if both parties have been using drugs and/or drinking alcohol, which is common during spring break.

Consent can be obvious actions or words by an individual who’s competent and of sound mind to give consent, which indicates a definite agreement to engage in sexual contact. For instance, saying “touch me” could be considered as consent, provided that the individual was not coerced or forced in any way to give consent.

The penalties for a conviction of sexual assault in Wisconsin can include:

· First Degree Sexual Assault: Class B felony, punishable by imprisonment of up to 60 years.

· Second Degree Sexual Assault: Class C felony, punishable by imprisonment of up to 40 years and/or a fine of up to $100,000.

· Third Degree Sexual Assault: Class G felony, punishable by imprisonment of up to 10 years and/or a fine of up to $25,000.

· Fourth Degree Sexual Assault: Class A misdemeanor, punishable by imprisonment of up to nine months and/or a fine of up to $10,000.

Allegations of Sexual Assault can have a Negative Impact on Your Future

It’s immensely crucial to keep in mind that as a college student, any criminal charge, especially one as serious as a sexual assault allegation, could negatively affect not only your personal life but your professional life as well. Potential employers routinely perform background checks on prospective employees, and all criminal charges or convictions will be treated as major red flags and hurt your chances of gaining employment.

Additionally, if you are planning on pursuing a regulated profession such as law or medicine, a sexual assault conviction, or any criminal conviction, for that matter, can cause issues when obtaining a license. In this light, you should work with a criminal defense lawyer that’s experienced in sexual assault cases to reduce the potential impact of the sexual allegations you are facing.

Facing a Sexual Assault Allegation? An Experienced Sexual Assault Attorney Can Help

If you’ve been charged with sexual assault, call the Cohen Law Offices at 715-514-5051 . You can also use our online contact form to schedule a free consultation with our experienced criminal defense attorneys. Spring break is supposed to be fun, and you don’t want that fun to lead criminal charges, so consult with a sexual assault lawyer today.

Did You Get Pulled Over for Drunk Driving on St. Patrick's Day?

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 30 Mar 2021 13:03:10 GMT

Bar hopping and merrymaking may be all the rage during St. Patrick’s Day. However, too much alcohol and partying could lead to getting pulled over by the police and being arrested for OWI. A conviction of OWI or Operating While Intoxicated comes with severe penalties. Aside from possible jail time and costly fines, losing your driver’s license and getting slapped with driving restrictions could have significant implications on your personal and professional life.

Fortunately, working with a lawyer who has extensive knowledge of OWI laws and court systems could help in reducing your charges or having them dropped altogether. With this in mind, here common defenses that OWI attorneys can use to fight OWI charges.

Challenging the Results of Chemical or Breath Tests

The majority of OWI charges that have been successfully dismissed were done so by refuting the validity and/or accuracy of a chemical or breath test. But skilled OWI lawyers know how the devices used for these tests work, and in certain situations, can challenge the device’s mechanics or how the test was conducted. Besides improper or faulty device calibration, certain medical conditions could also be demonstrated to affect the test results’ reliability and accuracy.

Challenging Probable Cause for Testing

If you were pulled over by a police officer and you denied being intoxicated, you will be asked to perform FSTs or field sobriety tests if the officer suspects that you’re intoxicated. You’re not legally obligated to perform these tests. Sober individuals can even fail these tests due to an injury, disability, age, a medical condition, and taking certain medicines.

Do note, however, that refusing to perform these tests will result in you losing your driver’s license for at least a year. To stop this automatic revocation, you’ll need to appear at the license suspension hearing and prove one of the following:

· You had a valid reason for not performing the test.

· The police officer did not have a legitimate reason to pull you over.

· The police officer didn’t have probable cause to ask you to perform the test.

· The police officer had no probable cause to suspect you of being intoxicated.

Challenging the Legality of Stopping You

There are certain situations in which the police could be proven to have illegally pulled you over or lacked probable cause to stop you. For instance, police officers can only stop vehicles for these reasons:

· Irregular or erratic driving behavior

· Traffic violations

· Equipment violations like broken taillights or side mirrors

· OWI checkpoints

· Appearing to look like a crime suspect or stolen vehicle used in a crime

Beat an OWI Charge with Help from an Experienced OWI Attorney

Call the Cohen Law Offices at 715-514-5051 or schedule a free consultation with our experienced lawyers through our online contact form for help fighting an OWI charge.

All the luck in the world won’t help if you were pulled over for drunk driving, even on St. Patrick’s Day. So work with an experienced OWI attorney who can evaluate every aspect of your case and determine the best legal arguments to ensure that your rights will be protected and the impact of the evidence against you will be lessened.

When Should You Consider Pleading Guilty?

mike@cohenlawofficesec.com (Michael Cohen) — Thu, 25 Mar 2021 19:33:31 GMT

Many criminal defendants will start with the premise that they will fight the charges against them and prove their innocence. This is not always the right way of looking at things considering the fact that prosecutors must prove your guilt beyond a reasonable doubt. Nonetheless, there may be a point in your criminal case when it makes sense to speak with prosecutors. There are some instances when you should consider pleading guilty.

First, we will start with a couple of baseline rules. The first is to not plead guilty to a crime you did not commit. The second is never to plead guilty unless the prosecutor is offering something in return. Chances are that the prosecutor is willing to offer you something in exchange for a guilty plea, whether it is the opportunity to plead guilty to a lesser crime or a reduced sentence.

The Prosecutor Must Prove Your Guilt

In fact, this is when you may consider pleading guilty. The onus is on the prosecutor to prove your guilt. However, a criminal trial will result in severe stress. There is also no way around that the cost of a criminal trial is prohibitive. There is a reason why prosecutors win such a high rate of cases that eventually go to trial. This is because they will almost always try to obtain a plea agreement in order to avoid a trial.

In those cases, you run a risk of getting a stiffer sentence after a trial than you would have gotten from a plea bargain. You should still defend yourself if you have been charged with a crime that you did not commit. In many instances, a guilty plea is the way to put the ordeal behind you with a lesser sentence than a conviction at trial would carry.

You may also choose to plead guilty to spare your family from the ordeal of a trial. Evidence will come out into the open, and criminal trials are singularly painful for families to endure. The pain is even worse when the trial receives any publicity.

A Guilty Plea Could Let You Start Your Life Again

In addition to a lesser sentence or charge, a guilty plea could also allow you to begin to put the painful experience behind you and begin to move on with your life. Even if there is a sentence to be served, you may want to begin to serve it, so you can begin to get your life back together sooner.

Sometimes, the best thing is to plead guilty so long as you are getting something in return. This is where you need an experienced attorney who knows how to deal with prosecutors. When your lawyer has worked with prosecutors in the past, the two sides can sit down for a frank conversation to help move the case towards a resolution.

Contact a Criminal Defense Attorney

If you have been charged with any crime, call the experienced attorney at the Cohen Law Offices at (715) 514-5051 or contact us online. Before you make any decision, you need advice from an attorney who can explain your legal options.

Getting Treatment for a Drug Problem Before Your First Appearance

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 23 Mar 2021 15:19:25 GMT

If you end up in court on drug charges, the judge will have a large say over their future. There are a number of options that they have, and the effects of their choice would remain with you for years. The overall presentation that you make to the judge could be the determining factor in their decision.

People who end up in court on drug charges usually have a substance abuse issue that needs treatment. Now, more than ever, courts are focusing on treatment more than punishment in drug cases, recognizing that it best helps people deal with the underlying problem.

Treatment Can Only Help Your Legal Cause

The bottom line is that getting treatment for a drug issue before court certainly could never hurt your case. It would give your attorney something to approach the prosecutor with in the hopes of getting the charges dropped or lower. After all, one option that the court would be considering is ordering you to rehab anyway.

The prosecutor may also learn that you are committed to addressing the root cause of the problem. As a result, you may be at a lower risk of being arrested again in the future. So long as you complete your rehab, the prosecutor could drop the charges or even be willing to request a diversion program for you.

Treatment Could Show that You Are Serious About Making Changes

If you end up in front of a judge, getting treatment on your own would also show the judge that you are committed to putting your life back together. The judge could also order a diversion program for you or impose a minimal sentence. Getting treatment sends an unmistakable signal to the judge. Eau Claire County has a drug treatment court that is an alternative to the usual criminal justice system. Your best legal outcome usually involves having your case transferred there.

If the charges against you are more serious, drug treatment can still help. You may end up in front of a judge for sentencing if you are convicted, and one thing that they will be looking at is remorse. This is again where getting drug treatment shows a commitment to do better in the future.

Of course, you may still end up with a number of conditions if you are released due to treatment, and you may have to undergo random drug tests as part of your program. Nonetheless, this would be a much better outcome than a prison sentence. In a best-case scenario, you may even be able to avoid getting a criminal record.

If you have been arrested on drug charges, an attorney could advise you of the best steps to take, so the court will opt for treatment over prison.

Contact a Drug Charges Attorney Today

Call the experienced drug charges attorneys at Cohen Law Offices at (715) 514-5051 or contact us online to schedule your free initial consultation. We can explain your legal options and the ways that you might act on your own before your court date to help improve the outcome of your case.

How a Domestic Violence Defense Lawyer Can Help You

mike@cohenlawofficesec.com (Michael Cohen) — Thu, 18 Mar 2021 15:17:21 GMT

Many people think that a domestic violence case is a routine criminal manner given the frequency with which it is charged. This is far from the truth. The ramifications of a domestic violence conviction can stay with you for years. The after-effects of a conviction can include the following:

· The loss of your ability to own firearms

· Difficulty passing background checks and finding certain jobs

· A negative impact on any child custody

arrangements you have or may have in the future

· Damage to your reputation

You Need to Know Your Legal Options

When you hire a domestic violence attorney, you act to protect your legal rights throughout the criminal justice process. In many cases, people simply do not understand how the legal system works and the legal options in their case. For some defendants, it is their first experience in the criminal justice system.

The fact is that law enforcement errs on the side of arresting people when they show up to investigate a domestic violence call. It is the safest course of action for them because they might face consequences if they did nothing and something happened after that. This means that many domestic violence arrests do not even eventually lead to charges.

Not All Domestic Violence Arrests Lead to Charges

However, it does mean that someone needs to tell your side of the story to the prosecutor. An attorney may be able to help clear up a misunderstanding that led to your arrest. If the prosecutor still files charges, some cases end up being dismissed by the judge who sees the charges as unsupported. In any event, you need an effective voice to help you navigate the process after the arrest.

You might have legal options after you have been charged. The prosecutor may be open to a deal that reduces the charges. Alternatively, the charges may not be supported by the weight of the evidence. This is when we would take the case to court and focus on fighting the charges. The prosecutor has the burden of proof in domestic violence cases. Your attorney could do the following:

· Gather evidence in your case to cast doubt on the prosecutor’s charges

· Cross-examine the prosecution’s witnesses if your case goes to trial

· Question your accuser in court

· Work to get protective orders against you lifted

In the end, you need the best legal outcome in your case. In some instances, this could mean reduced charges. Without an attorney, you would not know whether your best move is taking your case to trial or working for a plea agreement. The most important thing is that your legal rights are respected, and you are not pressured by law enforcement.

Contact a Domestic Violence Attorney

Call the experienced attorneys at Cohen Law Offices at (715) 514-5051 or contact us online if you have been charged with domestic. The sooner that you retain an attorney to defend you, the quicker you can move towards obtaining the best legal outcome and putting this behind you.

Can Law Enforcement Execute a Warrantless Search of Your Computer?

websitebuilder@thryv.com — Mon, 15 Mar 2021 17:07:27 GMT

Prosecutors may try to do what they can to search your computer without a warrant for evidence of child pornography. There are some exceptions to the Fourth Amendment requirements for a search warrant. However, these exceptions are not limited. If you choose to fight the charges against you, attacking the legality of the search is one way to earn an acquittal.

The baseline from the Constitution is that you have an expectation of privacy in something like your home computer. In this regard, a computer is like any other closed container on your property where law enforcement would need a warrant. Case after case has reached this conclusion. Under normal circumstances, law enforcement cannot execute a warrantless search. This is a different story if the computer is outside your home or if you are on some sort of shared drive.

Law Enforcement May Try to Argue that There Is an Emergency

Without a warrant, law enforcement would need an exception. The one that they rely on most often to execute warrantless searches is the “exigent circumstances” requirement. Here, police will almost always try to claim that the evidence is in danger of destruction, so they do not have the time to wait until they get a warrant. Otherwise, the images may be erased from the computer.

However, law enforcement does not have an unlimited right to claim this in defending a warrantless search. In some cases, courts will either dispute the danger of destruction that the prosecutor is claiming or hold the law enforcement still has enough time to legally obtain a search warrant. If you are able to keep the evidence out of court, the prosecutor will not be able to use it, and it is as if it does not exist. Any evidence that is obtained on the basis of an illegal search is “fruit of the poisonous tree.”

You Can Challenge Warrantless Searches

There are other ways that prosecutors could try to justify a warrantless search. For example, if police were in a person’s home for a lawful reason, and they saw an image on the screen that gave them probable cause to believe that a crime was committed, they would have the legal right to search the laptop. They could also search a computer if they seized it during a lawful arrest.

Nonetheless, if police searched your computer without a warrant, it gives your defense attorney an opening to challenge the evidence. They certainly do not have a blanket exception to create an emergency after the fact. This is where you need an aggressive attorney who is not afraid to go after every part of the prosecutor’s case, especially evidence that they have seized and are now trying to use to win a conviction.

Contact an Internet Sex Crimes Lawyer

Call the experienced attorneys at Cohen Law offices if you are facing internet sex crimes charges at (715) 514-5051 . If you have been charged with possession of pornography after the police have seized your laptop, it is crucial that you retain a defense attorney immediately.

Should You Submit to a Breathalyzer?

mike@cohenlawofficesec.com (Michael Cohen) — Mon, 08 Mar 2021 13:58:04 GMT

Whether you should submit to a breathalyzer test – or “blow” – is a question that every OWI attorney is asked many times throughout their legal career. It is one where there is no one-size-fits-all answer. The best answer that we can give is that it depends on the circumstances of your traffic stop.

There are some attorneys who will tell you to always refuse the Breathalyzer test. However, there are penalties in Wisconsin for a refusal to take this test when asked. In Wisconsin, if you have a driver’s license, you have given implied consent for officers to test you for drugs and alcohol to determine sobriety. Fortunately, if you have been arrested for OWI, an experienced criminal defense lawyer at Cohen Law Offices can help you, regardless of whether you agreed to a breathalyzer test.

There Are Penalties for Refusing a Breathalyzer

There are serious penalties for refusing to allow a sobriety test. These are generally higher than a first-time OWI charge. In addition, your refusal to take a Breathalyzer can be used against you in court. If this were your second offense, the penalties are even steeper. Drivers should know that they cannot evade conviction by refusing to allow this test.

However, taking a Breathalyzer test will mean that you are providing law enforcement with evidence that they can use against you in court. Depending on how intoxicated or inebriated you are, you could be facing serious punishment. In Wisconsin, the penalties can escalate based on your level of intoxication. There may be some cases where the punishment for refusal to take a field sobriety test is less than you would receive for a serious OWI charge.

This Is Always a Difficult Decision

The decision about whether to submit to a Breathalyzer test is a difficult one. You are making it under serious pressure in a very short timeframe. It is often hard to think clearly when a police officer is pressing you to take the test. You do not get time to retreat to a safe space to think about the decision. Nor do you have time to call an attorney to get their legal advice.

However, we must draw a distinction between a Breathalyzer test and a field sobriety test. You do not legally have to submit to a field sobriety test. However, refusal to submit to this test, along with the way that the officer saw you driving, could give them probable cause to arrest you on suspicion of OWI.

The advice that we can give you is to call an attorney right after you are arrested and allowed to make a phone call. Your OWI lawyer will advise you on what you should do following your arrest. Then, they would work with you on your legal path forward once you are released and figuring out how to deal with the charges against you.

Contact an OWI Attorney Today

Call the experienced attorneys at the Cohen Law Offices at (715) 514-5051 or contact us online if you have been arrested for OWI. We can help you develop a legal strategy and work towards the best possible outcome in your case. Don’t face your hardship alone.

FAQs About Theft Charges and Defenses

Wed, 03 Mar 2021 08:14:23 GMT

The concept of theft covers a lot of ground in Wisconsin. In addition to the acts formally defined as theft under the state's statutes, several other kinds of property crimes may also force you to answer to theft charges. Depending on the type of severity of the alleged criminal act, you may face either misdemeanor or felony penalties.

If the authorities have charged you with theft, you need to understand what this charge encompasses, what it might mean in terms of consequences, and how to pursue the available defense options. Start by getting acquainted with the answers to the following frequently asked questions about Wisconsin theft charges and defenses.

What Constitutes Theft in Wisconsin?

The State of Wisconsin includes several types of theft within Chapter 943.20 of its Statutes and Annotations. These types of theft include larceny (taking property without consent), embezzlement (transferring other's property to yourself via your office or position), theft achieved through acts of fraud, and willful failure to return leased/rented property.

A wide range of items may count as property in a theft case. You may face theft charges for misappropriating money, real estate, deeds or other ownership rights, documents, and unpaid utilities.

What Other Kinds of Property Crimes May Count as Theft?

You don't necessarily have to take one of the items noted above to find yourself up against theft charges. Wisconsin law can also charge individuals with property crimes such as theft of trade secrets, mail, services, or communications. The receipt of stolen property also counts as theft, even if someone else actually stole the property.

How Does the Law Determine the Value of Stolen Property?

Wisconsin law may apply various standards to determine the value of the allegedly stolen property. For many tangible properties, the market value of that property may apply. For scrap metal or plastic bulk merchandise containers, the value may also include the repair or replacement cost of other property damaged in the theft.

For properties that carry intangible value, the court may base the value of the property either on the property itself or the property's chose in action (right of possession), whichever holds greater value. For instance, a deed paper might represent the former, while the property it entitles you to might represent the latter.

What Charges and Penalties Can You Face for Theft?

The degree of charge you receive will depend on the total value of the stolen property. The theft of $2,500 or less , for instance, counts as a Class A misdemeanor, while theft of between $2,500 and $5,000 counts as Class I felony. Larger total values may draw charges of Class H, Class G, or Class F property theft.

The penalties for these charges will also vary substantially. A Class misdemeanor may draw penalties of up to $10,000 and/or nine month's imprisonment. On the opposite end of the scale, a Class F felony associated with $100,000 or more in property value may draw penalties of up to $25,000 and/or imprisonment for up to 12.5 years.

Bear in mind that a judge has the right to add other penalties to those listed above. If the theft results in substantial losses for the plaintiff in your case, you may also have to pay some degree of additional financial compensation to that person.

How Do Attorneys Defend Their Clients Against Theft Charges?

An alleged theft may have many more complexities to it than the surface facts might suggest. Your attorney can discuss your case's circumstances with you in detail to determine whether certain circumstances might disqualify your actions as theft, even if you actually took property without the owner's permission.

A simple misunderstanding may have prompted the actions that led to your theft charge. For example, you might have thought that you had permission to take a property when in fact you didn't. You may also have taken the item because you mistook it for a similar item of your own. However, you'll need to offer solid evidence for these defenses.

Intoxication can serve as another defense against a theft charge. If your intoxicated state of mind prevented you from understanding your actions or caused you to take someone else's property by mistake, and you can produce proof of your intoxication, the court may find you not guilty of theft.

Entrapment offers yet another possible defense against a theft charge. If your attorney can show that legal authorities lured or coerced you into taking someone else's property so they could detain you for theft, the court may find the charge invalid.

Unfortunately, you can't expect to beat a theft charge based on the fact that you later returned the stolen item. However, even though the return of the property doesn't erase the fact that you committed theft, it could cause the court to look on your case more favorably and assign a lesser penalty than if you hadn't returned the property.

Cohen Law Offices can provide the care, attention, and legal skills necessary to help you defend yourself against a theft charge in Wisconsin. Contact us today to request an initial consultation.

Can You Get Your Name Removed from the Wisconsin Sex Offender Registry?

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 02 Mar 2021 18:26:16 GMT

In Wisconsin, those who are convicted of certain sex crimes are required to register as sex offenders. This means that anyone in the general public can go online and see:

● Your address

● The offense that you were convicted of

● The vehicle that you drive

In addition, your neighbors will get a notice anytime that you move into a neighborhood. Even people who have never met you will be suspicious around you and may actively avoid you. Prospective employers can also search the registry to see the details of a conviction.

Sex Offender Registration Means that the Conviction Follows You

Simply stated, the sex offender registry is a way that a conviction can and will follow you for life. We often have clients coming to us asking if there is any way that they can remove their names from the registry. In most cases, the answer is no, but there are some limited exceptions.

First, the best way to ensure that your name does not go on the sex offender registry is to fight the charges. You can either win your case at trial or file a successful appeal. The sex offender registry is one reason why we counsel clients to think of all the collateral effects before pleading guilty.

Wisconsin has made it much more difficult for people to get their names off the sex offender registry. The general requirement is that people register for life if certain circumstances apply. These include:

● First and second-degree sexual assault

● Repeated sexual assault of a child

● Being convicted of sexual assaults on two or more occasions

If none of the statutory requirements apply, the registration is limited to 15 years. Then, it would expire, and the person would be removed. A recent interpretation from the Wisconsin Attorney General has made it more difficult by requiring lifetime registration if the person was convicted of two or more counts from the same conduct.

However, there is a process that allows you to petition for removal from the lifetime sex offender registry if you have had 15 or more years without any other incidents. This will only be allowed if you have not been convicted of certain serious sex crimes. You would need to show the court that you are no longer a danger requiring supervision. This type of petition would need the help of an attorney who could try to persuade the court to change this aspect of your sentence.

While getting removed from a sex offender registry is not always easy, it may be worth the effort given the consequences. Given that registration is for generally 15 years after you have served any jail sentence, you would likely be ready to move on with your life at that point.

Is Drug Court an Option for You?

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 23 Feb 2021 18:15:08 GMT

In Wisconsin, just as in the rest of the country, there has been a focus on criminal justice reform in recent years. Unlike the 1990s, when incarceration was viewed as an appropriate punishment for practically every crime, authorities are now re-evaluating what crimes should be punished with incarceration. In Eau Claire County, there are now Treatment Courts that help certain people facing charges as opposed to jailing them.

Eau Claire County has set up four Treatment Courts. They are:

● Alternatives to Incarcerating Mothers

● Mental Health and Substance Abuse

● Substance Abuse Primary

● Chippewa Valley Veterans Treatment Court

These special courts do exactly as their name promises. While they are a part of the criminal justice system, they are designed to help the people referred to them get their lives in order. The law seems to be recognizing that prison is not appropriate for certain categories of people or criminal offenses.

A criminal defendant is not automatically sent to a Treatment Court after certain offenses. Instead, they need to show that they meet certain criteria that would make them eligible. They must have their case referred.

Some Criteria for a Treatment Court

After a referral is made, the relevant Treatment Court will review whether the person meets the eligibility criteria and is a fitting candidate. Here are some of the things that the Treatment Court will review:

● The defendant’s prior criminal record - if there is any possibility that they may be a violent offender, they may not qualify for Treatment Court.

● The defendant must meet the criteria for a recognized substance abuse disorder (or should be highly probable to have the disorder) or a mental health disorder.

● The defendant must be charged with a misdemeanor or nonviolent felony.

Getting referred to and accepted into a Treatment Court can make a big difference in your life when facing certain charges. It can mean the difference between going to jail and getting the help that you need to put your life back together. It means that you are in a system that wants to help you rather than punish you.

Your criminal defense attorney might work with the prosecutor to get your case referred to Treatment Court as part of the resolution of the charges against you. Sometimes, it is in society’s best interests for people to receive collaborative treatment rather than punishment, and your attorney could help make the case to the prosecutor and court. This will help you avoid some of the worst consequences of a conviction that can include jail time and a criminal record. You can be empowered to live a healthier life and not shuttle in and out of the criminal justice system.

Contact a Drug Charges Attorney Today

Call the experienced attorneys at Cohen Law Offices at (715) 514-5051 or contact us online to schedule your free initial consultation and see whether treatment may be a possibility in your case. If you have been arrested on drug charges, you need a criminal defense attorney on your side who understands the different options available to you.

Are Courts More Lenient with Women in Domestic Violence Cases?

mike@cohenlawofficesec.com (Michael Cohen) — Thu, 18 Feb 2021 16:54:40 GMT

Domestic violence is a crime that affects both genders. One in seven men are victims of domestic abuse in a household. There has been a popular perception that women who are charged with the crime receive more lenient treatment. However, Wisconsin domestic abuse laws are gender-neutral and, when they are applied fairly, women receive the same punishment as men.

However, statistics show that many of the domestic violence arrests of women do not end up resulting in criminal charges. One study showed that prosecutors rejected charges in nearly half of the cases of domestic violence cases against women. In 16% of these cases, prosecutors filed charges that were then dismissed by the judge.

E ach Domestic Violence Charge Stands on its Own

Nonetheless, it is hard to say that this high proportion of charges not being filed or dismissed is the result of any structural bias towards leniency. Every situation involving domestic violence involves officers who are called to a scene where there is an ongoing incident and, usually, high tension. They are required to make a snap judgment on the spot whether to arrest anyone and who. In the back of their minds, they are also thinking about whether they need to err on the side of caution in making expansive arrests because there are possible repercussions when officers do not make arrests and then someone is injured or killed.

The officer may sometimes arrest the wrong person at the scene or decide to arrest both people. The police officer is doing whatever they feel they need to at the time to defuse the situation. This could lead to mistakes in arrests and charges.

However, there is a long way from an arrest to having probable cause to charge someone in court with a crime. The fact that many cases end up being dropped between the arrest and court shows the importance of having an attorney represent you in a domestic violence case. Many arrests are a result of a misunderstanding, and the prosecutor can be persuaded not to file charges after your attorney tells your side of the story.

Rather than looking at domestic abuse punishments in terms of statistics, it is better to focus on the details of your specific case. The first thing that you should do is hire an attorney. Your lawyer can:

● Keep you from incriminating yourself to law enforcement if they try to speak to you after the arrest

● Speak to law enforcement and tell your side of what happened so that they may be persuaded not to file charges

● Defend you from the charges if you choose to try to fight them in court

● Negotiate for a lesser charge that could minimize the impact that a domestic violence conviction would have on your life

Contact a Domestic Violence Attorney

If you have been arrested on a domestic violence charge, call the experienced attorneys at Cohen Law Office at (715) 514-5051 or contact us online. In a domestic violence case, it is critical to have an attorney working for you early because it could impact whether you are charged and the severity of the charges.

How to Protect Yourself after Allegations of Child Molestation

mike@cohenlawofficesec.com (Michael Cohen) — Mon, 15 Feb 2021 18:38:30 GMT

An allegation of child molestation can literally ruin your life. Even if you are able to clear your name eventually, there will be trauma and anxiety in the meantime. Of course, your major concern is protecting yourself from the criminal penalties. What you do and say after you are accused can make the difference between being falsely accused and falsely convicted. Here are some steps to take for self-protection.

H ire an Attorney

The very first thing that you should do after allegations of criminal misconduct is hire a lawyer. Your attorney will give you advice on how to handle the situation and will keep law enforcement from violating your legal rights. The attorney can speak on your behalf and will conduct their own immediate investigation of your case. They will also keep law enforcement from coercing you into making statements or handing over any evidence that could incriminate you. The longer you go about this alone, the higher your legal risk.

Keep Quiet

The last thing that you should do is say anything publicly or give any statement to the police. This includes avoiding the urge to go on social media to explain yourself to your friends and family. Anything you say online could be used against you. Some people may also believe that talking to law enforcement could make the problem go away. Once an accusation has been made, it is much more complicated than that. Hiring an attorney will help keep law enforcement from being able to speak with you alone.

Stay Away from the Accuser

Just like police, people think that they can fix the problem by speaking with the accuser or their family. Once the accusation has been made, there would be little that you could do to convince the accuser that they are wrong. What is worse is that they could be recording you to use whatever you say against you. Speaking with or being near the accuser only opens you up to more potential problems, and there is much more risk than possible reward.

Gather Evidence that Can Exonerate You

You may have an alibi that could show that you could not have committed the crime of which you are being accused. You may have cell phone information or other photos that could show where you were at the time you were accused of molestation. Alternatively, you could have emails or messages with the accuser that would detail the true nature of your relationship. Make an exhaustive inventory of any possible exculpatory evidence and turn it all over to your lawyer. This should also include a list of possible witnesses who could back up your side of the story.

Contact a Sex Crimes Lawyer Today

Call the Cohen Law Offices at (715) 514-5051 or contact us online to schedule your free initial consultation. Do not let any feelings of shame or fear of judgment get in the way of getting the legal help that you need. Facing sex abuse allegations is not something that you should attempt to do on your own.

Is an OWI a Crime in Wisconsin?

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 09 Feb 2021 18:47:40 GMT

In every other state in the country, operating a vehicle while intoxicated can result in a criminal charge, whether it is your first offense or a repeat offense. Wisconsin is different. The first time that you are charged with OWI, it is a civil offense, but that does not mean that it is not a serious legal matter. In fact, the civil punishment is practically every bit as severe as what you could receive as the result of a criminal charge.

Of course, a civil charge carries no jail time with it at first. However, if you violate the conditions and restrictions that Wisconsin imposes after a conviction, it may result in jail time.

However, practically all first time OWI offenses in any state would not result in jail time. What is important is looking at the other penalties because these are what would affect your daily life.

The Penalties of a Civil OWI Charge?

A first-time OWI offense in Wisconsin carries the following possible civil penalties:

● Your license will be suspended for six to nine months, although you can get a special license that allows you to drive to work in most cases if you are willing to install an ignition interlock device.

● If your BAC was over .015, you must install an ignition interlock device

● You receive high-risk status on your automobile insurance.

● You can receive a monetary penalty of up to $735

As you can see, a first-time OWI offense can uproot your daily life and cost you a lot of money. Just the increased car insurance rates can cost you thousands of dollars by the time that you are able to lose the high-risk designation. An ignition interlock device can cost up to $150 to install and up to $80 per month for monitoring. This does not even factor in the inconvenience of being without a driver’s license for the better part of a year.

OWI Convictions Always Have Consequences

The costs of the OWI conviction will reach into the thousands of dollars, and that is not just the worst-case scenario. Therefore, if you are thinking of automatically pleading guilty to get the incident behind you, know that an OWI will not be fully out of your life for years.

Therefore, you should never equate a civil OWI charge with being minor. It is better to hire an attorney when you have been charged right off the bat, so you can know your legal options. Even if you decide to plead guilty, your attorney could help you comply with any legal requirements of the conviction and likely negotiate a favorable plea agreement. Having a guide throughout the legal process could help keep you out of trouble in the future as you navigate any restrictions.

Contact an OWI Attorney Today

Call the experienced attorneys at the Cohen Law Offices today at (715) 514-5051 or contact us online to set up an initial conversation. You should take a first-time OWI charge very seriously, even if it is not a criminal charge. The initial consultation is free, and you can begin to explore your legal options for dealing with the charge.

Apple Can Scan Pictures that You Upload to iCloud

mike@cohenlawofficesec.com (Michael Cohen) — Thu, 04 Feb 2021 15:04:26 GMT

If you own an iPhone, you need to be extra careful about the images that you try to upload to the cloud. Apple has an app that will automatically scan attempted uploads for images that it considers child pornography and will now report them to law enforcement.

Those with iPhones need to know that there really is someone else watching, even when they think that they have privacy on their iPhones. People often think that Apple does not help law enforcement when they are looking for something on their phones. However, that is not the case when it comes to images and possible evidence of child pornography.

Your iPhone Is Not as Secure as You Think

Nothing you send or upload from your iPhone should be considered completely secure. In the background, Apple has an app that is digitally scanning everything that you upload. This program is checking some of the data behind the pictures that you email and comparing it to previously identified images of known child pornography. While Apple is not manually checking every email, it is scanning every picture that you send.

Apple will not automatically send every single suspicious image straight to law enforcement, but it will inspect images that set off its filters. Then, it may send the images to the National Center for Missing and Exploited Children.

There is nothing to say that Apple cannot do this. First, you agreed to allow Apple to scan any content that you try to upload to iCloud. Second, images that you try to upload to the cloud have figuratively left your possession, and they can be scrutinized by law enforcement. Once you try to upload an image, you give up expectations of privacy.

Apple’s Scans Can Prompt a Search Warrant

This would likely be enough for law enforcement to claim that they have the probable cause that they need to seize and search your iPhone. Once they have access to your iPhone, they might find more things that they could possibly try to use against you.

For child pornography defendants, the problem is when the scan of your images against the known images of illegal pictures produces a false positive. Then, law enforcement has managed to get their hands on your iPhone based on probable cause that they should never have had.

This is why you need an attorney the second that you become aware that law enforcement has a search warrant. Your defense attorney will review the warrant to ensure that it meets legal standards and will challenge it if necessary. If the warrant was never valid in the first place, evidence that law enforcement has seized from you could be thrown out as “fruit of the poisonous tree.”

Contact an Internet Sex Crimes Attorney

If you are facing an internet sex crimes charge or know that you are under investigation, contact the criminal defense attorneys at Cohen Law Offices online or call at (715) 514-5051 . If you delay in hiring a lawyer, your legal rights and your freedom may be at greater risk.

I’m Guilty - So Why Do I Need a Lawyer?

mike@cohenlawofficesec.com (Michael Cohen) — Mon, 01 Feb 2021 17:10:09 GMT

Sometimes, criminal defendants did exactly what the prosecutor claims. Unfortunately, many are under the misconception that hiring a lawyer is only for people who are trying to fight the charges. Even if you are guilty, there are still multiple reasons why you need an attorney.

There May Be a Reasonable Doubt of Your Guilt

Even if you did what the prosecution says, it does not mean that they can prove it. Remember that guilty means that the prosecutors proved your guilt jury of your peers. You are innocent unless they can do that beyond a reasonable doubt. You may think that you are guilty, but what you did does not fit the legal definition of the crime that the prosecutor is alleging.

You Could Get a Lighter Sentence

There are a range of punishments for the crime with which you have been charged. Most laws are written with either a maximum or minimum sentence or a range of possible punishments. You are working for the least possible punishment for the crime. Your attorney could either negotiate with the prosecution to plead guilty to receive a lesser sentence or could persuade the court to give you less jail time. Your criminal defense lawyer could even try to work with the prosecution to offer your guilty plea in exchange for being charged with a lesser crime.

You Still Have Legal Rights

Everybody is entitled to their legal rights. Constitutional protections exist for both the guilty and innocent. There is still a criminal justice process that must be followed, and law enforcement could violate your rights without an advocate on your side to help protect them. This could make a bad situation even worse. People who did something wrong still need someone to fight for them at times, even if the fight is not to prove innocence.

You Could Qualify for Leniency or Diversion

The criminal justice system does not always want to “throw the book” at every defendant. There are some programs that give leniency to first-time offenders for certain crimes. Eau Claire County has its own first-time offender program. Misdemeanor and some low-level felonies may qualify for this program, including the following:

● Theft

● Disorderly Conduct

● Retail Theft

● Obstructing

● Possession of Marijuana

● Possession of Drug Paraphernalia

Bail Is an Issue

The prosecutor may not believe that you are a candidate for pretrial release. They may want to hold you without bond. Bail is allowed only when the court believes that it is necessary to get you to appear in court. You might need an attorney to convince the court that you should be released on bail or on your own recognizance, so you are not being held in prison all the way until trial.

Contact Our Experienced Criminal Defense Lawyers Today

If you have been accused of a crime, you should call Cohen Law Office at (715) 514-5051 today. There are always major risks of proceeding on your own without an attorney, no matter the alleged crime. Schedule your free initial consultation by contacting our office today.

THE CONSEQUENCES OF A DOMESTIC VIOLENCE CONVICTION IN WISCONSIN

mike@cohenlawofficesec.com (Michael Cohen) — Mon, 25 Jan 2021 20:09:14 GMT

If you have been arrested and charged with domestic violence, law enforcement may be offering you a quick plea agreement. Whether you accept a deal offered by prosecutors depends on a number of factors. One thing that you should consider when deciding if you should fight the charges is the effect that a domestic violence conviction can have on your life going forward. Here are a number of impacts of a domestic assault conviction.

If you have been accused of domestic In Wisconsin, if one causes "substantial bodily harm" to another in a battery case, they will be charged with a Class I felony. Aggravated battery carries an even stiffer penalty. Monetarily, each domestic violence conviction can mean a fine of up to $10,000.

Here are the possible jail sentences for domestic violence convictions in Wisconsin:

Battery (misdemeanor) - up to nine months in prison
Substantial battery (felony) - up to 3 ½ years in prison
Aggravated battery (felony) - prison sentence of up to six or 15 years, depending on the severity of the bodily harm

Impacts on Your Life from a Domestic Violence Conviction

The criminal sentence is only part of the consequences of a domestic violence conviction. There could be numerous effects in life that stretch even longer after the sentence is completed.

The good news for defendants in Wisconsin is that there are some protections when it comes to your job. However, employers do have an avenue to firing an employee for a domestic violence conviction. Specifically, if a conviction, or even an arrest, substantially relates to your job, then the employer can fire you. If you have applied for a job and this comes up on a background check, they can legally not hire you because of this.

In addition, you may not be able to obtain a security clearance or pass other background checks. This could particularly hurt you if you work in a profession that automatically bars people convicted of certain felonies.

Beyond that, a domestic violence conviction can harm your reputation. There is a stigma to this type of charge and conviction, and public news of the case could cause lasting damage to employment prospects and your other legal statuses. For instance, a domestic violence conviction can hurt you in the following areas:

Child custody cases
Immigration status
Some public assistance programs
Right to purchase and own firearms

Thus, you can see why you need to look at all angles of the situation when you are facing domestic assault charges. In some cases, you are better off fighting the charges against you with your criminal defense lawyer. Alternatively, you may try to have the charges reduced from a felony to a misdemeanor.

Experienced Criminal Defense Attorneys

If you are facing domestic assault or any other criminal charges, contact the attorneys at Cohen Law Offices online or call us at

(715) 514-5051 to set up your free initial consultation. The sooner you contact a lawyer, the sooner you can rest assured that your rights are protected.

BATTERY CHARGES IN WISCONSIN: WHAT YOU NEED TO KNOW

mike@cohenlawofficesec.com (Michael Cohen) — Thu, 21 Jan 2021 20:03:04 GMT

If you live in Wisconsin, then you should be aware of the battery laws and the penalties imposed on people who break these laws.

Contrary to popular belief, assault and battery are not two words used to describe the same crime; according to Wisconsin state law, the crime of battery is committed by using force against someone with the intent to injure them, while the crime of assault is committed by threatening to harm someone physically.

However, many people are charged with both crimes at the same time, which is likely where the misconception that the two terms describe the same crime stems from.

Read on to learn about the various battery charge types, their penalties, and how a defense lawyer can help you battle these violent charges if you were recently accused of battery.

Types of Battery Charges

Depending on the injuries resulting from the crime, battery can be considered a misdemeanor or felony crime.

Simple Battery

Simple battery is any act done with intent to cause bodily harm to another individual that does not cause substantial bodily harm. While simple battery can cause slight harm (such as bruises or skin abrasions) to an individual, battery does not have to result in any harm at all to be considered a crime.

There are two main types of simple battery in the state of Wisconsin: domestic battery and non-domestic battery. While both crimes warrant the same penalties, the police officer the crime is reported to handles them differently.

In instances of domestic simple battery, the accused is typically arrested and booked into a local jail where they then remain until a judge sets bond.

Following non-domestic misdemeanor battery incidents, the officer on the scene typically issues the accused a Wisconsin Uniform Misdemeanor Citation. This is not a simple ticket, but instead an order to appear in court; if you do not show up to court on your scheduled day and time after being issued this citation, a warrant for your arrest is issued.

Misdemeanor simple battery is punishable by up to 9 months in jail and a fine of up to $10,000.

Substantial Battery

Another type of battery in Wisconsin is substantial battery, which is a type of felony battery. While the definition of substantial battery is the same as simple battery, a simple battery charge gets upgraded to substantial battery when the act intended to cause bodily harm causes substantial bodily harm.

Examples of substantial bodily harm include one or more broken bones, a concussion, and deep cuts that require stitches.

The penalty for this crime is up to 3.5 years in prison and a fine of up to $10,000.

Aggravated Battery

Like substantial battery, aggravated battery is also a felony crime in Wisconsin. This battery type results in great bodily harm, which means an injury that could have been deadly or that causes lasting disability or disfigurement.

The penalty for committing aggravated battery is up to 15 years of prison time and a fine of up 10 $50,000.

Do's and Don'ts After a Battery Arrest

If you are accused of battery in the state of Wisconsin, you need to know what to do and what not to do after being accused.

Do reserve your right to remain silent when being questioned by police. Inform the arresting officer that you would not like to answer any of their questions until you have an attorney present. Remember that anything you say to the officer can later be used against you in court. Then, contact an experienced defense attorney for legal representation.

Don't speak to or visit the alleged victim as you await your court hearing, whether the arresting officer issues a no-contact provision that orders you to have no contact with your accuser not. If you break a no-contact order, this is a crime in itself with stiff penalties. In addition, anything you say to your accuser could be used against you in court.

Do start gathering evidence that can help your attorney prove your innocence. Write down a list of potential witnesses that either was or may have been at the scene of the alleged crime and take photos of any injuries you sustained during any physical interaction with your accuser. Also, write down your memories of the day or evening of the alleged crime, including any interaction you may have had with your accuser.

Don't lose hope if you feel like you do not have much evidence proving your innocence. If there is little evidence of the event altogether, then that means that there is likely little evidence the prosecuting attorney can use against you to prove that you are guilty beyond a reasonable doubt in court.

Don’t discuss your case with any person except a lawyer — especially on a phone at the jail. All calls on jail phones are recorded.

Since assault and battery are two of the most common violent crimes committed in the United States, everyone should understand exactly what these crimes are, their penalties, and what to do if accused of committing one. Contact the experienced criminal defense attorneys at Cohen Law Offices for expert criminal defense today.

HOW DO DRUG CONVICTIONS AFFECT COLLEGE STUDENTS?

mike@cohenlawofficesec.com (Michael Cohen) — Thu, 21 Jan 2021 19:51:31 GMT

People who in college or in the process of applying have every reason to not want to have a drug conviction on their record. Drug convictions may not only keep you out of college, but they can also prevent you from qualifying for financial aid. In addition, any drug conviction could have an impact on your professional life after you graduate. If you are already on federal student aid at the time you have a drug conviction, your assistance could be in jeopardy.

You Can Lose Financial Aid for Drug Convictions

If you are applying for federal student aid, your eligibility will depend on the date and type of your drug conviction. There is at least a chance that you may be ineligible for loans and grants for a period of time. When you apply for aid or fill out your annual FAFSA form, there is a box that asks about drug convictions. It is essential to answer this honestly, even if it means you may face repercussions.

For current college students, a drug conviction might mean the suspension of your federal student aid. For example, you could lose your eligibility for one year just for your first conviction of possession of a controlled substance. The sale of illegal drugs would lead to a two-year suspension. You may be able to regain eligibility for federal aid if you complete a drug rehabilitation program before the term of your suspension ends.

This is why there are different considerations for college students who have been charged with a drug offense. They may be offered a quick plea agreement that could seem tempting to accept. However, there would be serious financial ramifications if they are remaining in college.

While there has been a push to drop these rules, they still remain on the books. Roughly 1,000 students each year will lose financial aid due to drug convictions. While it seems unfair, this is still the law of the land.

Note that if a conviction is reversed, set aside, or removed from your record, your financial aid status would not be affected. This is why you have incentives to fight drug charges against you. If you have already been convicted, you can hire an attorney to help you appeal your conviction if there was something legally wrong with it.

What the College May Do after Drug Charges

Drug convictions for college students can also mean serious penalties from the school itself. They can include:

Suspension or expulsion from school
Loss of school scholarships
Removal from athletic teams
Probation

Thus, if you are a college student who has been arrested and charged with a drug offense, your first step should be to consult with a criminal defense lawyer. A guilty plea or a conviction could have many more impacts than the punishment that you could receive from the government.

Contact a Criminal Defense Attorney Today

If you are facing drug charges, call the experienced criminal defense attorneys at the Cohen Law Offices at (715) 514-5051 or contact us online to schedule your free initial consultation. Hiring an attorney is the first step to dealing with any possible fallout from drug charges.

SHOULD I TESTIFY IN MY CRIMINAL CASE?

mike@cohenlawofficesec.com (Michael Cohen) — Mon, 18 Jan 2021 19:46:19 GMT

The United States Constitution allows you the right to testify on your own behalf in your criminal trial. However, having the right to testify does not always mean that it is a good idea to do so. This is a decision that you are your attorney will need to make during your trial after weighing a number of considerations. Here are the pros and cons of testifying for yourself during a criminal proceeding.

Reasons to Testify in Your Criminal Law Case

There are some times when you can help your own case by putting your own human face on it. The jurors may see your face and hear testimony about what the prosecution is alleging, but they may not hear your voice. You may be able to draw a favorable contrast between you and the prosecution's witnesses, who might be less than honest.

Even though you are innocent until proven guilty, it does always work that way with the jury. Testifying on your behalf could help erase any presumption of guilt that the jury may have. In addition, your physical testimony could help prove your defense as to why you could not have committed the crime that the prosecution is trying to prove.

Reasons Not to Testify in Court

One of the obvious dangers to testifying is that the prosecutor has a chance to cross-examine you. Even if they do not outright disprove any parts of your testimony, they can put you on the defensive. That could impact your credibility in the eyes of the jury.

Sometimes, all the prosecutor needs to do is rattle you. If the jury sees any hint of anger, temper, or sarcasm, you may suffer in their eyes. Your lawyer should not put you on the stand if they are not certain that you can maintain your composure.

Your testimony could undercut your criminal defense lawyer’s legal strategy if you say something wrong under oath. All it takes is one wrong admission, and it could blow up your own case. Prosecutors are trained to fluster you with their questioning, and they could lead you down a path that could harm your legal prospects.

The Fifth Amendment makes testifying in your criminal case an option and not a requirement. Your attorney will need to think very hard about whether your testimony will benefit your case. Sometimes, the answer could change depending on how your case is going. Here are some considerations during the case:

Whether the prosecutor is doing a good job of proving their case
The body language of the jury
The testimony that has come out during the trial

Just know that your performance on the witness stand may make the difference between a conviction and an acquittal.

Call Cohen Law Offices Today

If you have been accused of a crime, call us today at (715) 514-5051 or contact us online to schedule your free initial consultation. The lawyers of Cohen Law Offices are standing by to protect your rights as resolve your case as favorably as possible.

UNDERSTANDING CHILD-ON-CHILD SEXUAL ABUSE IN WISCONSIN

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 12 Jan 2021 19:38:47 GMT

Child-on-child sexual abuse (COCSA) occurs when one child commits sexual abuse against another child. Because this form of abuse occurs without the involvement of an adult, there are many ways the legal system can address it. Here is some help in understanding what constitutes COCSA and what you can do about it if your child faces an accusation of it or is a victim of it.

What Is Child-on-Child Sexual Abuse?

COCSA still falls under the general definition of sexual abuse. If sexual activities occur without mutual consent, without equality, or with coercion, then those activities constitute sexual abuse. Even among children, the equality differences — whether it's age, size, or some other power differential — can lead to one child taking advantage of another.

One of the main issues with COCSA is that the activities can often go unreported, ignored, or dismissed as kids playing. However, these activities, whether deliberate or in ignorance, can lead to traumas that last a lifetime.

A distinction exists between COCSA and things like sexual exploration or sexual curiosity. Some children, especially younger ones, will engage in these types of activities naturally. The difference between these activities and COCSA is the lack of specific agendas concerning the performance of sexual acts.

For example, two kids playing doctor and examining each other is different from one kid specifically deliberately touching another in an inappropriate way as a means of stimulation, humiliation, or gratification.

Where Does Child-on-Child Sexual Abuse Occur?

According to the Office of Juvenile Justice and Delinquency Prevention (OJJDP), incidents of COCSA are far more prevalent than many people suspect. In addition, the department reports:

COCSA occurs at high rates in homes
COCSA happens frequently at schools or in groups
The prevalence of COCSA increases around the ages of 15 to 17
COCSA makes up more than a quarter of all sex offenses
The majority of COCSA offenders are male

COCSA can happen with children of any age, but potential incidents can increase as children enter puberty and adolescence. Often, these incidents can mean that both the perpetrator and victim require help or counseling.

What Are the Child-on-Child Sexual Abuse Laws?

Depending on the age of your child, a sexual abuse conviction can come with consequences that last a lifetime. In severe cases, your child can face adult felony charges .

The legal ramifications of COCSA can vary widely, as they can depend on every aspect of the situation. You should note that in Wisconsin, underage sexual activity itself is a misdemeanor. Underage sexual activity includes:

Any sexual contact between someone who is 15 and someone who is under the age of 19
Sexual intercourse between a 15- to 17-year-old with someone who is under the age of 19

So, from the start, it's possible that an accusation of COCSA, even if it's found to not include abuse, can still lead to legal punishment for one or all the minors involved.

In Wisconsin, all 17-year-olds face adult charges rather than juvenile ones. They can receive jail time, excessive fines, and lifelong registration as a sex offender. Since they're facing adult charges, the severity of the potential penalties will only increase because the alleged victim of the abuse will still have minor status, making it no different than if an adult committed child sexual abuse.

Parents of children who commit COCSA can also face penalties, especially if it's found that neglect factored into how the abuse took place. The parents of a victim of COCSA can face penalties for the same reason, or find themselves under evaluation to determine if they're fit parents.

Children under 17 can face juvenile court and the penalties that come from it, such as time in a detention center. A child under 17 can also face adult charges if the abuse involves violence, rape, or other severe actions that typically elevate the seriousness of an abuse charge.

Who Is Responsible for Reporting Child-on-Child Sexual Abuse?

When COCSA happens in places where others have authority over children, such as at school, then those institutions must abide by the mandatory reporting requirements of the state. For example, Wisconsin expects educators to report sexually active children whether they believe the sexual activities are voluntary or involuntary.

If COCSA occurs under the watch of someone in authority, whether babysitter or teacher, you can consider pressing a lawsuit against them. No matter what the situation, if you suspect your child of committing or being the victim of COCSA, you should act immediately.

Speaking to a lawyer about the proper steps to follow can help. If your child receives a summons or someone presses charges against your child, then you should retain legal help immediately. Cohen Law Offices is a criminal defense firm with an emphasis on defending sex offenses. If you have questions about child-on-child sexual abuse laws in Wisconsin, contact us today.

4 KEY POINTS ABOUT RESISTING ARREST AND OBSTRUCTING AN OFFICER

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 12 Jan 2021 19:09:10 GMT

When individuals interfere with police officers' ability to apprehend them or another suspect, they may face charges of resisting arrest or obstructing an officer. Wisconsin law groups these distinct but similar infractions together under Wisconsin Statutes & Annotations 946.41.

If you tried to prevent an office of the law from making an arrest, you could face penalties ranging in severity from a misdemeanor fine to a felony prison term. However, you might also have grounds for defending your actions or having the prosecution's case dismissed. You may find the following four points helpful.

1. The Difference Between Resisting Arrest and Obstructing an Officer

While resisting arrest and obstructing an officer fall into the same basic category under Wisconsin law, they actually represent two different ways of interfering with police activity. Resisting arrest involves the use of force to prevent the arrest, while obstruction many include any actions meant to impede the arrest or investigation.

If you physically fight against an arresting officer or refuse to come along quietly (by going limp and requiring the officer to carry you, for example), you may face a charge of resisting arrest. Obstruction charges tend to stem from non-physical resistance, such as lying to arresting officers or hiding/falsifying evidence.

2. Potential Penalties for These Offenses

The penalties associated with resisting arrest depend on the violence of your actions and the seriousness of their consequences. Minor physical resistance that causes no injury counts as a Class A misdemeanor punishable by up to nine months in jail and up to $10,000 in fines.

Physical resistance that actually harms the officer may draw felony charges. Significant bodily harm or soft tissue injury to the arresting officer counts as a Class H felony. Non-violent obstruction may also count as a Class H felony. However, if you do great bodily harm to the officer, you may receive a Class G felony charge.

A Class H felony in Wisconsin may include penalties of up to $10,000 in fines and up to six years in prison. A Class G felony can result in penalties of up to $25,000 in fines and a maximum of 10 years in prison.

3. The Prosecution's Burden of Proof

When your case goes to trial, the prosecution will have to prove certain key points to a jury beyond a reasonable doubt. For one thing, it must prove that obstruction occurred. In other words, the actions that you committed must fall within the Wisconsin statute's definition of resisting arrest or obstructing an officer.

The prosecution must show that the officer was acting in an official professional capacity and with lawful authority at the time of the arrest. Additionally, it must show that you understood the lawful authority of the arresting officer and that you knew you would obstruct the performance of the officer's duty.

4. Common Legal Defenses for Resistance or Obstruction Charges

A charge of resisting arrest or obstructing an officer often requires skillful legal work to defeat. Your attorney will evaluate the details of the charge against you and measure them against the prosecution's burden of proof. Any circumstance that deflates any of the prosecution's essential points may prove invaluable for your defense.

First and foremost, you may have an ironclad defense if you can show that your actions didn't measure up to the definition of resisting arrest or obstructing an officer. For instance, if you merely shouted non-threatening verbal abuse at the officer, you did nothing that would actually impede the arrest.

If an undercover officer failed to identify themselves as such, you may have sufficient justification for your resistance since you did not knowingly commit the offense in question. You may also legally resist an arrest when the officer clearly lacked a duty to arrest you for any suspected wrongdoing.

Unlawful arrest may include such actions as making an illegal search of your home. If a police officer enters your home without a search warrant, for example, you may have every right to resist that officer's efforts.

You may resist excessive use of force from an arresting officer. Excessive force employed during an arrest makes the arrest unlawful even if the officer has legitimate grounds to arrest you. If you can show that you fought back purely to defend yourself against such force, you may win a dismissal of your case.

Establishing any of these defenses may prove difficult, no matter how cut-and-dried they may seem to you. Your attorney may need to rely heavily on the testimony of any eyewitnesses who can support your side of the story. Expert witnesses such as doctors may help to verify the use of excessive force.

Cohen Law Offices can review the particulars of your case, advise you on your defense strategies, and help you make a strong case for dismissal or leniency. Contact us today to arrange a consultation.

The Lasting Impact of a Domestic Violence Conviction

mike@cohenlawofficesec.com (Michael Cohen) — Tue, 12 Jan 2021 18:38:39 GMT

Being charged with or convicted of a domestic violence offense in the state of Wisconsin comes with serious consequences. In addition to the potential fines and other penalties associated with a domestic violence conviction, there are equally serious consequences that are associated with just an arrest. For example, the accused may be prohibited from contacting their children or loved ones from the time of the arrest until the time of the domestic violence hearing.

Criminal Charges in Wisconsin That Are Associated With Domestic Violence

There are numerous criminal charges in the state of Wisconsin that are associated with domestic violence. Those charges include homicide, kidnapping, sexual assault, and battery. Battery occurs when one person causes physical harm to someone else without their consent. Since this offense is a Class A misdemeanor, an individual who is convicted of battery could serve a maximum of nine months of incarceration, along with a maximum monetary fine of $10,000.

Substantial battery and aggravated battery are also frequently associated with domestic violence offenses. A substantial battery occurs when a person causes substantial bodily harm to another person (without consent) and that damage involves burns, concussions, or broken bones. A conviction can lead to a maximum of 3.5 years of incarceration, along with a maximum monetary fine of $10,000.

Aggravated battery is intentional and involves serious bodily harm, and may also involve stabbing a person or causing the risk of death. Potential penalties upon conviction include up to 15 years of incarceration and a maximum monetary fine of $50,000. Additional jail time can be imposed if the accused uses a weapon to commit the battery.

Consequences of an Arrest for a Domestic Violence Crime

A mere arrest for a domestic violence crime can also lead to serious consequences. First, a person who is arrested on a domestic violence charge will not be eligible for an immediate release. If the accused does not post bail, they will be held in a detention center until such time as the accused goes before a judge.

Moreover, for a period of 72 hours following their arrest, the accused will not be allowed to contact the alleged victim of abuse. The accused will also be required to stay away from the alleged victim’s home. This condition still applies even if the accused shares the home with the alleged victim. Violating this no-contact order can result in a maximum of nine months of incarceration, along with a maximum monetary fine of $10,000.

Speak to a Criminal Defense Attorney Today

If you face one or more domestic violence criminal charges, the experienced criminal defense attorneys at Cohen Law Offices may be able to help. Call Cohen Law Offices at (715) 514-5051 or contact us online today for a free legal consultation and case evaluation with an experienced criminal defense lawyer.

What if the Cops Found Drugs During a Traffic Stop?

Tue, 05 Jan 2021 20:13:42 GMT

Drug offenses are taken seriously in Wisconsin. State law divides controlled substances into five schedules, much like federal drug laws. Sentencing for possession, manufacturing, and trafficking of controlled substances is based on the substances schedule, the amount, and other factors. The amount of a controlled substance always includes the substance itself, plus anything it is mixed it.

The consequences of getting caught with a controlled substance range from a term of imprisonment ranging from six months to forty years and the fines range from $1,000 to $100,000. There are also collateral consequences that include license suspension for six months to five years and civil forfeiture of assets used to transport controlled substances.

Unreasonable Search and Seizure

The United States Constitution and Wisconsin State Laws both prohibit unreasonable search and seizures. The rights afforded to citizens by these laws guarantee security against search and seizure without a warrant based on probable cause. The warrant must also state the particular places to be searched and items to be seized. The laws protect people, their houses, and their effects, including automobiles. However, there are instances in which a vehicle may searched absent a warrant.

When Can a Police Officer Search My Vehicle?

Of course, a police officer may perform a search of your vehicle with a valid warrant based on probable cause, but what about the times when a warrant is not required? The following instances are examples of times when a warrantless search may be upheld by a court:

When you are pulled over, and you give a police officer consent to perform a search of your vehicle, any contraband found can be used against you in court. The search and items seized were found in a lawful manner, and the evidence will not be suppressed.
When you are lawfully arrested, a police officer may be able to search your vehicle. A search incident to a lawful arrest permits the search when a recent occupant is arrested. The search is limited to the immediate area of the suspect. Courts have stated that “immediate area” means that within reach of a suspect while his arms are outstretched. Police may also search the areas that a suspect could lunge into.
When the owner of a vehicle is arrested, or his car is impounded for any other reason, a search can be conducted without a warrant. This is an inventory search, and any contraband found in the vehicle be used as evidence against the owner, whether or not it is the owner's.
One last, well-known exception to the rule of search and seizure is the Automobile Exception. Under this exception, when a police officer has probable cause to believe that contraband or evidence of a crime is in the vehicle, he may search it. Probable cause also applies to the areas that may be searched, but that can include the trunk and any closed or locked containers.

Have You Been the Subject of a Warrantless Vehicle Search?

If you have been arrested for drug possession after a traffic stop, call the Cohen Law Offices at (715) 514-5051 to schedule a free consultation. The experienced criminal defense attorneys of Cohen Law Offices will work to find ways to suppress evidence or other defenses to resolve your case as favorably as possible.

“CHEER” STAR JERRY HARRIS FACING CHILD PORN AND ENTICING ALLEGATIONS

Tue, 05 Jan 2021 15:37:06 GMT

If you chat with people online, you need to be aware of some risks - as evidenced by the recent charges brought against Jeremiah "Jerry" Harris. The star of the Netflix docuseries Cheer has been charged in a seven-count indictment that has alleged he made various sexual requests of minors online.

Harris had already been arrested in September and charged with one count of producing child pornography. A federal judge had denied him bail because he was a continuing threat to the safety of the community.

Harris Was Charged with Enticing Minors Online

The most recent indictment covers conduct that allegedly occurred over the past three years. Prosecutors allege that Harris tried to coerce minors into sending him sexually explicit videos of themselves. Prosecutors also allege that he traveled to Texas with the intent of having sex with a 15-year old.

The investigation began when two of the minors' mothers reported the alleged conduct to the FBI. At the time, she also provided evidence of the alleged conduct to law enforcement, which began and expanded the investigation.

Harris Is Also Facing Civil Suits

Harris also faces several civil lawsuits initiated by the alleged victims. The plaintiffs claim that Harris began attempting to sexually exploit them when they were aged 14 and 13, respectively. Some of the alleged conduct involves messages sent over social media that requested explicit pictures and videos. They claim that he tried to take advantage of his fame to manipulate them into sending him sexual content.

If convicted of the charges, Harris faces a minimum of 15 years in prison. Harris already admitted to agents searching his home that he had previously solicited sexual images from minors on several occasions.

Use Care When Talking Online

Harris’ case shows the caution that people need to use when they engage in social interactions online. Probably the best idea when you learn that someone with whom you are talking is a minor is to end the conversation. Government agents work online posing as minors in sting operations specifically to arrest people. If government agents do not detect illegal conduct, then parents or even the minors themselves can contact authorities.

If you have been contacted by the authorities, it is vital to do the following:

• Never give them any material or devices unless they have a valid search warrant.

• Always ask for your attorney to be present. If you do not have an attorney, it is crucial to hire one as soon as possible.

• Do not answer any questions from law enforcement without an attorney present as Harris did when authorities were executing a search warrant. Responding to their questions will not get you out of trouble. It will only create additional problems.

Contact an Experienced Sex Crimes Attorney at Cohen Law Offices

If you are facing allegations of sexual misconduct with a minor, call the Cohen Law Offices at (715) 514-5051 or contact us online today. Our skilled legal team is dedicated to helping the accused protect their rights, and we are committed to resolving every case as favorably as possible.

What Are the Penalties for Marijuana Possession?

Thu, 24 Dec 2020 15:43:32 GMT

Despite the strong push of marijuana legalization throughout the country, many prosecutors in Wisconsin continue to pursue criminal charges and convictions for marijuana possession. The potential penalties upon conviction for marijuana possession depend largely upon the quantity of marijuana that is found in your possession. However, potential penalties upon conviction can still include jail time, large monetary fines, and probation.

If you face a criminal charge for marijuana possession, it is important that you seek legal help as quickly as possible. The knowledgeable criminal defense attorneys at Cohen Law Offices can examine the circumstances of your criminal charge and help you determine what, if any, defenses might be available to you. We can also safeguard your legal rights while your criminal case is pending and help you pursue the best possible result in your case, whether that be taking your case to trial or pursuing a favorable plea deal with the state prosecutor.

What Is Marijuana Possession?

An individual could be charged with marijuana possession if marijuana is found somewhere directly on their person, such as in a coat pocket. A person may also be charged with marijuana possession if marijuana is found in their immediate vicinity or area of reach, such as in the back seat or glove compartment of a motor vehicle that the person is operating.

Potential Penalties for Marijuana Possession in Wisconsin

In order to be found guilty or convicted of marijuana possession in Wisconsin, the state prosecutor who is handling your case has the legal burden of proof. Specifically, the prosecutor must demonstrate that you are guilty of the underlying charge beyond a reasonable doubt. If the prosecutor successfully meets their legal burden, it will then be up to a judge to pass sentence in your case.

A conviction for marijuana possession can lead to misdemeanor penalties, including a maximum of six months of incarceration, along with a maximum monetary fine of $1,000. If you are convicted of a second marijuana possession offense, you could face Class I felony penalties, including incarceration in excess of one year.

It is also important to keep in mind that these penalties are for marijuana possession only. Individuals who possess marijuana can also be charged with the sale, manufacture, possession of marijuana with the intent to distribute, or possession of drug paraphernalia. A conviction for any of these offenses can carry additional criminal penalties upon conviction.

Call a Skilled Criminal Defense Attorney Today

If you face marijuana possession charges, it is important to have legal counsel on your side throughout every stage of your criminal case. Call Cohen Law Offices at (715) 514-5051 or contact us online for a free legal consultation and case evaluation with an experienced criminal defense lawyer. We’ll help you defend against your marijuana possession charge, safeguard your rights, and explain all of your available legal options.

Child Pornography Defense FAQ

Tue, 22 Dec 2020 15:55:29 GMT

Are All Child Pornography Charges Serious?

Yes. There is no such thing as a "minor" child pornography charge, and all crimes related to the possession, distribution, and production of child pornography are felonies. As a result, if you are under investigation for anything to do with child porn, you need to call a lawyer immediately.

Should I Talk to the Police?

If you are under investigation for any crime, you should not talk to the police without your lawyer with you. This is true even if you are certain that the whole matter is "just a misunderstanding" and that you will be able to clear things up by explaining yourself. Talking to the cops without your attorney present can only hurt your case. Remember, even if the police seem like they are trying to help you, they are actually trying to build a case against you to make it easier for the prosecutor to secure a conviction.

Are Sting Operations the Same as Entrapment?

While some string operations may involve entrapment, they are perfectly legal. When they are conducted correctly, they typically result in significant evidence against the target or targets of the operation. Police and undercover agents are allowed to lie and are not required to tell you that they are working with law enforcement. In addition, they are allowed to provide you with an opportunity to break the law, but they cannot induce you to do so.

What are the Potential Consequences of a Conviction?

As mentioned above, all crimes related to child pornography are a serious matter. Not surprisingly, a conviction for a child porn offense can result in severe legal consequences, including substantial fines and a lengthy prison sentence. Perhaps even more damaging, however, is the fact that a conviction on your record can ruin your reputation in your community and result in the requirement that you register as a sex offender. In this way, a child pornography conviction can result in a lifetime of serious consequences.

Are There Defenses Available?

In many cases, there are defenses available. An experienced attorney will be able to review the facts of your case and determine whether any apply. Some of the most common include:

Challenging the way in which the police gathered evidence against you
Introducing evidence that tends to indicate that you were not aware that you possessed or distributed child pornography
Introducing evidence that the material in question was not, in fact, child pornography within the meaning of the law

It is important to understand raising these and other potential defenses requires significant legal experience and skill. The best way to ensure that your case is resolved as favorably as possible is to retain an experienced lawyer as soon as possible

Call Us Today to Speak to an Attorney

If you have been accused of a crime related to child pornography, you should call the Cohen Law Offices today at (715) 514-5051 . Our experienced team will review your case at no cost to you in a judgment-free environment and let you know what your legal options are. To schedule your free consultation, call us today, or contact us online.

Don't Let an OWI Ruin Your Holiday Weekend

Thu, 17 Dec 2020 16:02:44 GMT

Christmas is a time for family members and friends to get together, enjoy good food, and maybe even enjoy a drink or two. However, trouble can start when a person who consumes an alcoholic beverage gets behind the wheel of a car and drives off.

In the state of Wisconsin, OWI means operating while intoxicated. An OWI arrest can not only ruin your holiday weekend, but an arrest and conviction can lead to serious penalties that could impact your life for many days and months to come.

If you have been arrested for OWI over the Christmas holiday weekend, it is important to have skilled legal counsel on your side representing you throughout your case, advocating for you, and safeguarding all of your legal rights.

What Is an OWI Charge?

The legal blood alcohol concentration (BAC) limit in the state of Wisconsin is 0.08 percent. A police officer can charge you with OWI if they believe that your BAC level exceeded 0.08 percent when operating your vehicle.

What Are the Potential Penalties for an OWI Conviction?

First-offense OWI convictions are not criminal offenses in Wisconsin. Nevertheless, if you are convicted for a first-time OWI, you could be fined in excess of $800. In addition, your driver’s license will be suspended for at least six months. In addition, you may be required to install an ignition interlock device (IID) on your vehicle. This device requires you to blow into it before you can start your vehicle. If the device detects any alcohol on your breath, it will not allow the vehicle to start. In addition to the initial installation fee, there are costs associated with maintaining these devices.

If you incur an OWI charge for a second or third time, you will likely be facing criminal misdemeanor charges. Specifically, if you are convicted of a second-time OWI, the judge must impose jail time lasting between five days (minimum) and six months (maximum). If you are convicted of a third-time OWI, a judge must incarcerate you for 45 days (minimum) up to one year (maximum). A fourth-time OWI conviction is a felony conviction, and a judge has the discretion to sentence you in excess of one year of incarceration.

In addition to the jail time associated with these offenses, you may also receive monetary fines, a driver’s license suspension (for longer than a first-time OWI charge), and mandatory installation of an IID on your vehicle.

Call an Experienced OWI Attorney Today

If you face OWI charges, you should speak with an experienced attorney immediately.

Call Cohen Law Offices at (715) 514-5051 or contact us online today for a free legal consultation and case evaluation with an experienced OWI lawyer.

What You Need to Know About Online Stings

Mon, 14 Dec 2020 16:42:44 GMT

It is a known fact that police and law enforcement are actively patrolling the internet, trying to find evidence of sex crimes. Their most common method of doing so is conducting an internet sting operation. If you communicate with people on the internet, it's imperative that you are aware of a few things about how these operations are conducted.

Police are Allowed to Use Deception and other Tactics

Police have wide latitude to do whatever they feel is necessary when they are in cyberspace. People need to be prepared for law enforcement to use any method necessary to catch people. This can include the following:

Trickery and deception
Contacting and reaching out to people
Other means that you would ordinarily think are entrapment
Pretending to be your friend to ensnare you

In order to prove that any of these tactics were entrapment in a criminal trial, one would need to show that law enforcement used some sort of coercion or pressure to get them to go along with a criminal act.

Messaging Alone May or May Not Be a Crime

While people need to be very careful about who they are talking to on the internet, something more than a plain conversation is necessary for there to be a crime. Defendants would need to take a "substantial step" in furtherance of a crime in order to be charged with an attempted offense. For example, setting up a liaison with someone claiming to be a minor child and traveling to meet that minor would be considered an attempt at committing a crime. However, people need to be very careful about having graphic conversations, especially when they believe that they are talking to someone who is underage, as sending some messages, such as those containing child pornography, may constitute criminal conduct.

Stop Talking if You Believe that it Is a Minor

You may not learn that someone is a minor until the conversation is already well underway. The second that you learn that you are talking to someone who is under the legal age, you need to cut the conversation off immediately. Continuing the dialogue is a recipe for further trouble, especially when you may not know the dividing line between a conversation and a crime. Ending an exchange with someone whom you may have grown close to is difficult, but that emotional hurt is much less than the pain of a criminal charge. Be conscious of the fact that nothing good can come from talking to a minor child online.

The rule of thumb is that if something does not feel or seem right, walk away. When in doubt, end the conversation. Law enforcement generally knows the line between legal and illegal, and they are skilled in exploiting it. Defendants may not learn until it is too late.

Contact an Experienced Sex Crimes Attorney

If you are facing charges as a result of an internet sting operation, the consequences for you and your family can be dramatic. Not only is your freedom at stake, but your reputation and livelihood are on the line as well. Call Cohen Law Offices at (715) 514-5051 or contact us online today to schedule a free legal consultation and case evaluation with an experienced sex crimes lawyer.

What You Need To Know About Child Enticement In Wisconsin

Fri, 11 Dec 2020 18:57:01 GMT

In Wisconsin, taking steps to have sexual relations with a minor is considered a crime, even if you do not actually commit a sexual act. The crime is called child enticement, and it is a Class D felony. It is punishable with up to 25 years in prison.

The law regarding child enticement is found in WI Stat § 948.07. There are six different things that are forbidden by the statute. Child enticement trying to lure a child into a building, vehicle, or any secluded place with intent to do the following:

Having sexual intercourse
Causing child prostitution
Exposing a sex organ
Recording the child engaging in sexually explicit acts
Causing them physical or mental harm
Giving them a controlled substance

The important thing to remember is that the law uses the word "intent." This means that you cannot accidentally be guilty of child enticement. You need to intentionally try to do these acts to be convicted, and it requires an overt act on the defendant's part, even without actually having sexual intercourse.

Examples of Alleged Child Enticement

In Wisconsin, the following are some examples of conduct that has been charged as child enticement:

A truck driver was sentenced to 20 years in prison for taking a child in his truck from Wisconsin to Virginia and pressuring him to engage in numerous sexual activities.
A Muskego man was investigated for child enticement after allegedly confronting at different times two children getting off a school bus and pressuring them to accept a ride home before following them.
A man was charged in Eau Claire with child enticement after setting up a meeting with someone that he thought was a 14-year old girl.

Child enticement can be charged alone or with another crime. When the defendant is charged with the actual sex crime, they may also face a charge of child enticement for luring the child to the place where the crime happened. One common scenario that often results in a child enticement charge is when the defendant tries to lure a child online to meet them at a hotel.

Defending Against Child Enticement Charges

Given the steep criminal penalties and the requirement to register as a sex offender if you are convicted, you need to mount a strong legal defense to child enticement charges. Some common ways to defend against child enticement charges include:

Attacking witness's testimony and recollections
Arguing that you did not have the required intent
You were entrapped into committing the crime by the government

Defendants need an experienced and skilled sex crimes attorney to take on the government when their freedom and reputation are on the line.

Call Us Today to Speak with an Experienced Lawyer

If you are being investigated for a sex crime or have been charged with one, call the attorneys at Cohen Law Offices at (715) 514-5051 or contact us online to set up your free and confidential initial consultation. We provide experienced criminal defense representation in a judgment-free environment and are committed to resolving your case as favorably as possible.

Should I Plead Guilty?

Mon, 07 Dec 2020 19:38:48 GMT

Pleading guilty to a criminal charge in the state of Wisconsin has certain benefits and detriments. In some instances, depending upon the criminal offense with which you have been charged, pleading guilty as part of a plea deal can help you escape the black mark of a conviction on your record, assuming that you complete all of the terms of your probation. In addition, pleading guilty to a criminal charge removes the uncertainty associated with a trial. However, it might make more sense to take your case to trial in other circumstances, especially if you have a legal defense in your case that stands a good chance of success.

Pleading Guilty as Part of a Plea Bargain

Plea deals are common in criminal cases. In fact, far more cases are resolved through plea deals than at trial. When a state prosecutor puts a plea deal on the table, your attorney can advise you on whether it makes sense to accept the plea deal under your particular circumstances. Even if you agree on a plea deal with the prosecutor, the court will still have to accept the terms of the deal.

As part of a plea deal, the accused individual will typically plead guilty to a less-serious criminal charge. Alternatively, the accused might agree to a period of probation that they must complete in order to avoid a conviction for the underlying charge.

Rights You Give Up When You Plead Guilty to a Criminal Charge

When deciding whether you should plead guilty to a criminal charge, you should always remember that you will be giving up certain legal rights by doing so. First, you will be giving up your constitutional right to a trial where a jury would decide your guilt or innocence. In addition, by pleading guilty to a criminal charge, you give up any appeal rights that you might have had.

If you do decide to plead guilty, the judge will ask you a series of questions in order to make certain that you are making your guilty plea knowingly, intelligently, voluntarily, and with no one coercing you to do so.

Contact a Knowledgeable Criminal Defense Attorney Today

Deciding whether to plead guilty to a criminal charge or take the case to trial can be difficult. Generally speaking, you have the best chances of prevailing at trial if you have one or more strong legal defenses in your corner. However, the outcome of a trial is always uncertain.

We can help you weigh the pros and cons of pleading guilty to your criminal charge. Call the experienced legal team at Cohen Law Offices (715) 514-5051 or contact us online for a free legal consultation and case evaluation with an experienced criminal defense lawyer.

Are there Defenses to Child Pornography Charges?

Thu, 03 Dec 2020 19:58:45 GMT

A conviction of a crime related to child pornography can have a significant impact on every aspect of your life. Sexual crimes involving children have a substantial social stigma, and a conviction could mean the end of your career, restrictions on where you live, and isolation from your family and friends.

While these consequences alone are themselves significant, it is important not to forget that there are significant legal penalties you can face as well. If you are convicted of the possession or distribution of child pornography, you can face significant fines, prison time, and a requirement to register as a sex offender.

Allegations related to child pornography can be difficult to defend against, particularly when the authorities have discovered contraband material in your possession. That said, it is not impossible, and a skilled attorney may be able to have a significant impact on the outcome of your case.

Potential Defenses in Child Pornography Cases

Below are brief explanations of defenses that may be raised in a child pornography case. These defenses are highly technical, and raising them properly typically requires the assistance of a skilled attorney.

4th Amendment Violations

The police are not allowed to search you, your home, your car, your computer, or your smartphone whenever they want. The United States Constitution requires that the police have a warrant or probable cause to search you or your possessions. If they engaged in an illegal search in your case, it may be possible to have any evidence they collected suppressed, meaning that it cannot be used against you in court.

Entrapment

Entrapment occurs when the police induce you to commit a crime that you would not have otherwise committed. If you can prove that you were entrapped, it can be an affirmative defense to the charges against you, meaning that you would admit to the conduct of you were accused but not be convicted of a crime.

Lack of Intent or Knowledge

Most child pornography charges require that you were aware of your actions and knew that the material in question was child pornography. For example, if you mistakenly accessed child pornography online when you intended to access adult pornography, it could be used as a defense against the charges against you. Similarly, if you accidentally downloaded child pornography when trying to download a movie on a file-sharing site, that could also be used as a defense. These defenses typically involve producing circumstantial evidence that tends to indicate that your intent was not to possess or distribute child pornography.

Call Us Today to Speak with one of Our Experienced Lawyers

If you are facing criminal charges related to child pornography, it's critical that you call Cohen Law Offices at (715) 514-5051 right away. Our experienced team understands how seriously a child pornography conviction can affect your life and will do everything possible to resolve your case as favorably as possible. Contact our office today to schedule a free consultation with an experienced lawyer.

Can Talking to a Minor on Social Media Be a Crime?

Tue, 01 Dec 2020 20:05:53 GMT

Talking to a minor on social media or through some other electronic medium, such as chat boards and text messaging, can be a criminal offense in the state of Wisconsin. Sexting, for example, means sending a sexually suggestive image or a nude photograph through an electronic medium. In most cases, sexting taking place between consenting adults is not against the law. However, this kind of activity between an adult and a minor through text messaging, chat rooms, or social media can lead to serious criminal charges and penalties.

Sexually Exploiting a Child

Laws in the state of Wisconsin make it against the law to possess, distribute, or create with the intent to distribute a photograph or other visual depiction that shows a minor who is engaged in explicit sexual conduct. Under this law, adults are prohibited from sexting images of a minor who is under 18 years of age throughout any electronic medium.

In cases where an adult is convicted of sexually exploiting a child, they could face Class C felony penalties. Potential penalties include between five and 40 years of incarceration, along with a maximum monetary fine of $100,000.

Child Pornography Possession

When an adult is in possession of child pornography and shares those images through electronic means (such as by sexting on social media or through text messaging), they could be facing serious felony charges and penalties. An adult may be convicted of this offense if they knowingly view or possess a visual depiction showing a minor engaged in conduct that is sexually explicit. Child pornography possession includes lewd or sexual depictions that an adult sends via social media or text messaging.

An adult who is convicted of possessing child pornography will face penalties for a Class D felony. Upon conviction, they could receive between three and 25 years of incarceration, along with $100,000 in monetary fines.

Speak to an Experienced Sex Crime Attorney Today

A conviction for a sex crime can lead to serious consequences. Not only may you have to spend time in jail or pay a large fine, but your name could also be added to the sex offender registry for the remainder of your life. Being listed on the registry can make it difficult for you to get a job or find a place to live.

If you or someone you love has been charged with a sex crime, it is extremely important to have an experienced sex crime defense attorney on your side throughout the entire matter. Call Cohen Law Offices at (715) 514-5051 or contact us online today For a free legal consultation and case evaluation with an experienced sex crimes lawyer

Domestic Violence and the Holidays

Tue, 17 Nov 2020 21:06:07 GMT

Domestic Violence in Wisconsin

Domestic violence is intimidation, assault, battery, or other forms of abuse that exerts powers over one individual by another. It can take the form of physical, mental, and sexual abuse. In recent years, Wisconsin has increased the aggressiveness of its domestic violence laws and allowed more instances in which police can make arrests.

Typically, when one thinks of domestic abuse, they imagine an abusive spouse using tactics to intimidate the other spouse through physical abuse or the threat of physical abuse. However, domestic abuse is also used to define the abuse or threat of such by one family or household member against another, including any romantic partner, children, and those who receive care through an in-home caregiver.

When the police are called to a home for domestic violence, they will determine if the abuse occurred. An arrest will be made where the victim shows signs of physical abuse, the abuse is likely to continue, or the person suspected of the abuse is the predominant aggressor.

After an arrest, the alleged abuser is prohibited from having any contact with the victim or victims for 72 hours. A judge may issue a restraining order preventing the suspect from having any contact with the victim. Additionally, throughout the life of the case, the suspect is not permitted to make any contact with the victim. If the suspect owns firearms and is convicted of domestic abuse, he or she loses the right to own firearms and will be required to relinquish any firearms in their possession.

Domestic Violence Between Thanksgiving and New Years

There is evidence that has shown that domestic abuse sees an increase during this holiday period. While there is a spike during the holiday months, there seems to be less reporting on actual holidays like Christmas Day. This can be attributed to abusive households attempting to keep up appearances for family and friends visiting for holidays.

While domestic violence is typically part of a pattern of behavior by the abuser, certain factors during the holiday season can contribute to the increase in domestic abuse seen over the holidays, including:

Stress related to finances: Money is one of the leading causes of disagreement amongst spouses and partners. During the holiday season, the purchase of gifts can escalate the financial stress felt by a household.
Alcohol or other substances: The holidays are a time of revelry for many people. Mixing alcohol or substances with already violent behavior only increases the chances of domestic violence taking place in a household.
Increased chances to commit violent acts against members of a household: During the holidays, abusers and victims find themselves at home more, increasing the opportunities the abuse has of committing violent and threatening acts.
Visitation of family and friends: This could lead to frustration and more aggression on the part of the abuser since most abusers tend to isolate their victims from the outside world.

Even where a victim decides to leave the abuser or the household, it can be hard around the holidays. Victims seeking help or refuge may find themselves feeling alone and scared, and those feelings are only exasperated on holidays like Christmas.

Have You Been Accused of Domestic Violence?

If you have been accused of domestic violence in Wisconsin, Call the Cohen Law Offices at (715) 514-5051 for your free consultation today. A domestic violence conviction in Wisconsin can result in significant penalties and the loss of certain civil liberties. Should you be arrested for domestic violence, it is important to take immediate action and contact a criminal defense attorney. The experienced attorneys at Cohen Law Offices will work to understand the facts of your case and give you the information you need to understand how your case will most likely be handled.

What is Statutory Rape?

Thu, 12 Nov 2020 22:01:36 GMT

Statutory rape is a serious crime to be accused of, and overcoming such this type of charge requires a skilled defense attorney dedicated to protecting your rights and proving your innocence.

Generally, statutory rape is defined as an adult over the age of 18 years old engaging in sexual conduct with another person who is under the age of 18, even when there is consent. In Wisconsin, a person who commits the crime of statutory rape is prosecuted under sexual assault laws. Whether the crime is classified as a misdemeanor or a felony is dependent upon the sexual conduct that occurred and the age of the minor. This classification, in turn, affects the sentence of the perpetrator.

Punishments for sexual assault crimes can include significant imprisonment terms and fines, and registration as a sex offender. Because of these potentially serious and life-changing consequences, it's critical for anyone accused of statutory rape to retain an attorney at the Cohen Law Offices immediately.

Defenses to Statutory Rape

Marital Exception

There is an exception to this general law where a minor who is married to a person who is of the age of majority gives consent to the sexual conduct. Even where the law would otherwise prohibit sexual conduct between the individuals, Wisconsin has carved out this exception for legally married couples. However, this exception only applies where the minor is 15, 16, or 17 years old.

“Romeo and Juliet” Exception

This exception involves a minor who is 15, 16, or 17, and someone is under 19 years old. It takes into consideration the proximity in the age of the teenagers who consented to sex and forms a basis for a lighter punishment. While it does not relieve the perpetrator of all punishment, this exception changes the crime from felony sexual assault to a misdemeanor. The person whose alleged crime falls under this exception is subject to a shorter time of imprisonment and smaller fines.

Mistake of Age is Not a Defense to Statutory Rape

Often, when a person is accused of statutory rape, he or she attempts to provide a mistake of age defense. It is important to know that not knowing the age of the minor with whom a person over 18 has had sex is never a defense to a statutory rape charge.

Have You Been Charged with Statutory Rape?

If you have been accused of statutory rape, call the sexual assault attorneys of the Cohen Law Offices at (715) 514-5051 today. The experienced lawyers of the Cohen Law Offices understand how serious a sexual assault charge is and the ramifications of a wrongful conviction. Our attorneys will help you understand statutory rape laws in Wisconsin and whether you’ve even committed the crime.

We know that defending a statutory rape charge requires dedication to defending your rights and a thorough knowledge of the laws and the defenses available to you. Our lawyers work diligently to ensure that every case we handle is resolved as favorably as possible.

Criminal Convictions Can Have Unanticipated Consequneces

Thu, 05 Nov 2020 13:59:09 GMT

Being convicted of a crime typically results in criminal penalties such as a term of imprisonment, fines, probation, and community service. However, often these criminal convictions impact a person's life beyond sentencing in the courtroom. These impacts on a person's life are other penalties known as "collateral consequences." In many cases, the collateral consequences of a conviction can be more limiting than the sentence imposed by the court. For this reason, if you are facing criminal charges, you should call an attorney at the Cohen Law Offices today to protect your rights.

What is a “Collateral Consequence?”

A collateral consequence is a type of penalty that, instead of coming directly from the court, is a result of the conviction and separate from sentencing. Also known as "civil consequences of a conviction," these penalties affect your civil liberties. They result in your restriction from accessing certain opportunities and benefits otherwise available to those who have not been convicted of a crime.

What is the Purpose of a Collateral Consequence?

There are a few purposes in attaching these restrictions to people who have been convicted of certain crimes. Collateral consequences act as a deterrent to persuade people from engaging in criminal conduct. They also act as a way to protect the public. In some cases, there are unintended collateral consequences, often resulting in unfair burdens to people with criminal records.

When Might I be Subjected to Collateral Consequences?

A person who has been convicted of a crime may be subject to certain collateral consequences when they have committed a certain crime or when his or her conduct falls within a certain class of criminal activity such as a felony or misdemeanor.

What are Some Common Opportunities and Benefits Affected by Collateral Consequences?

Collateral consequences can act as a barrier to employment, housing, and public assistance. Below are some rights/opportunities/benefits that are commonly affected by a criminal conviction and the sentencing that follows:

Firearms: Those convicted of felonies or those who have been found not guilty by reason of mental defect are restricted from possessing a firearm.
Voting: Convicted felons lose their ability to vote in any election until completion of their sentences or receipt of a pardon.
Citizenship: A noncitizen convicted of a crime risks deportation. Noncitizens may also be prohibited from gaining citizenship.
Employment: Criminal convictions can affect employment in different ways. A conviction can result in the loss of licenses required to do certain jobs and the inability to gain security clearances for others. Additionally, an employer can consider the conviction when the criminal acts committed are related to the job.
Driving: Some convictions require that a driver’s license be suspended or revoked.
Public Benefits: Some convictions affect the ability to acquire some public benefits like student aid, and others result in ineligibility to participate in certain programs like SNAP.

If You Have Been Accused of a Crime, Call Us Today

If you are facing criminal charges, call Cohen Law Offices at (715) 514-5051 for your free consultation today. A criminal conviction can mean hefty fines and a significant amount of jail time. It can also mean collateral consequences that affect your entire life, even years after your conviction. If you've been charged with a crime, call the experienced attorneys at Cohen Law Offices. Our criminal defense attorneys will help you to understand your best defense and come up with a strategy that could reduce your sentence.

Frequently Asked Questions About Wisconsin Weapons Charges

Mon, 02 Nov 2020 14:18:09 GMT

While both the U.S. Constitution and Wisconsin's state laws protect the right of citizens to bear arms, exceptions to these permissions can and do apply. Numerous laws exist to regulate who may carry a weapon, what constitutes proper handling of a weapon, and the penalties associated with weapons law violations.

If you face a weapons charge in Wisconsin, you need to understand how these charges work, when they apply, and what avenues for defense your attorney may pursue to minimize the consequences. Start by examining these answers to frequently asked questions about Wisconsin weapons laws, charges, and defenses.

Who May Possess Weapons in Wisconsin?

Wisconsin identifies as an open carry state, meaning that any individual aged 18 or older may legally carry a weapon as long as no other state or federal laws prohibit it. In most cases, individuals may also legally wear body armor. Weapons may include guns, knives, and personal deterrents such as tasers or pepper spray.

Certain key exceptions apply to the above law. If you have any prior felony convictions, for instance, you cannot carry any kind of firearm. Recipients of domestic violence injunctions cannot possess any dangerous weapons.

Even in an open carry state like Wisconsin, private businesses and properties have the right to prohibit specific weapons (concealed or otherwise) on their premises. If you violate a clearly-posted prohibition, you've broken the law.

How Do Concealed Carry Licenses Work?

According to the United States Concealed Carry Association, even though Wisconsin has adopted an open carry policy, it requires both residents and non-residents with concealed weapons to own a concealed weapons license. The state's Department of Justice issues these licenses.

A Wisconsin concealed carry license remains valid for five years if you maintain permanent residency in the state. If you move to another state, you'll need to apply for a new license or permit in that state.

You can't transfer an existing permit or license from a different state to Wisconsin. However, Wisconsin does recognize the validity of licenses/permits issued by 35 U.S. states, Puerto Rico, and the Virgin Islands.

If you carry a concealed weapon without the appropriate license or permit, you may face a Class A misdemeanor weapons charge. You must have this license even to carry a concealed weapon in your vehicle.

How Does the Law Classify Weapons Violations?

Low-level weapons charges often involve transportation of concealment of weapons. Typical examples include concealing a weapon, or openly carrying a weapon into a liquor store, without a concealed carry license. The law applies to guns, knives, and miscellaneous disabling or destructive devices (but not pepper spray).

These acts can draw a Class A misdemeanor charge (the most serious class of misdemeanor). Penalties associated with Class A misdemeanors can include a combination of up to nine months in a county or local jail and a fine of up to $10,000.

Some weapons violations merit classification as felonies under Wisconsin law. For example, possession of any kind of machine gun counts as a Class H felony, regardless of whether you have a concealed carry license. If you break this law, you could face a $10,000 fine and/or up to six years in federal prison.

Turning a non-weapon into a weapon also counts as a felony. One prime example involves modifying an aerial drone with weapons, which Wisconsin law classifies as a Class H felony.

The modification of a manual weapon into an automatic weapon may draw even more serious charges. This act qualifies as a Class F felony, which may result in up to 12.5 years in prison and/or a maximum fine of $25,000.

How Do Attorneys Defend Their Clients Against Weapons Charges?

Your attorney might defend you against a concealed weapons charge by arguing that the weapon in question does not meet the requirements of the charge. For instance, the law recognizes a concealed weapon as such only when the user has ready access to it. A weapon positioned beyond your reach would not fit this definition.

If you carried an unlicensed concealed weapon out of imminent fear for your safety (and the safety of your accompanying loved ones), your attorney might manage to mount a defense based on this extenuating circumstance. However, this kind of defense tends to get defeated unless the defense can make a rock-solid case.

Even if you cannot deny that you have violated Wisconsin weapons laws, your attorney may find a way to reduce the charge or punishment based on the nature of the weapon itself. For example, a taser lacks the lethal capabilities of a pistol or rifle and therefore may incur a lesser penalty for its misuse, even when wielded illegally by a non-resident.

The guidance and skills of an experienced criminal defense team can make all the difference in the outcome of your Wisconsin weapons charge case. Contact Cohen Law Offices today to request a free initial consultation.

Illegal Possession of Prescription Drugs is a Serious Matter

Mon, 26 Oct 2020 14:28:59 GMT

In the State of Wisconsin, possessing prescription drugs without a prescription amounts to the same offense as possessing what is known as a controlled substance, such as cocaine, marijuana, and other street drugs. Further, the associated penalties for the illegal possession of prescription drugs can be as harsh as those for narcotics purchased on the street. If you’re facing an illegal possession of prescription drugs charge, don’t delay consulting with an experienced criminal defense attorney.

Prescription Drug Schedules

The State of Wisconsin – much like the federal government – classifies drugs into five distinct schedules, which are based upon their potential for abuse and on their proven medical benefits. Schedule I drugs refer to those highly addictive drugs but that have no legitimate medical use on the books, including heroin, marijuana, PCP, and others. Prescription drugs have a verifiable medical use, so they aren’t typically classified as Schedule I drugs. Schedule II drugs are those with considerable potential for abuse and value as prescription medications, including opium, morphine, and amphetamines like Adderall. Drugs from schedules III, IV, and V have considerably less potential for abuse or dependence and have widely accepted medical applications.

Possession and Penalties

Penalties for the illegal possession of prescription medications can be quite harsh. Consider the following:

Possession of a prescription amphetamine, such as Adderall, carries a fine of up to $5,000 and jail time of up to one year for a first offense. A subsequent offense is a Class I felony, which can carry up to 3.5 years behind bars and up to $10,000 in fines.
All prescription narcotics in both schedules I & II are subject to the same fines and sentences as above.
Marijuana (a prescription medication in some states but is not in Wisconsin) is the only exception. A charge involving marijuana can lead to fines of up to $1,000 and jail time of up to 6 months for a first offense.

It’s important to note that all Wisconsin drug convictions can lead to a license suspension of six months to five years.

Actual vs. Constructive Possession

You can be charged with actual possession in Wisconsin if you are found carrying the illegal prescription on you – whether in your bag, backpack, pocket, or anywhere else on your person. However, you can also be charged with constructive possession, which means that you had the illegal prescription in your vehicle or home and planned to either use it yourself or distribute it.

Call Us Today to Speak with an Attorney

The consequences of an illegal drug conviction are too severe not to contact us online or call Cohen Law Offices at (715) 514-5051 today. If you’re facing charges related to the illegal possession of prescription drugs, the dedicated criminal defense lawyers at Cohen Law Offices have the experience, resources, and legal acumen you are looking for.

What Is Deferred Prosecution?

Mon, 19 Oct 2020 15:37:54 GMT

If you face criminal charges in Wisconsin, you’re going through a challenging experience with potentially dire consequences. However, the court may offer you a deferred prosecution agreement (DPA), which has advantages and complications of its own. Criminal charges are serious charges. The best path forward is always with a skilled criminal defense attorney by your side.

The Offer of a Deferred Prosecution Agreement

If your attorney negotiates for a DPA on your behalf, he or she likely considers this a preferable option (and will have discussed the pros and cons with you). If, on the other hand, the court offers you a DPA of its own accord, the first order of business is discussing the agreement’s implications with an experienced criminal defense attorney.

Accepting a DPA

If you are offered a DPA regarding your charges, all of the following are likely to coincide with the offer:

You’ll be required to enter a guilty plea for the charges that you’re facing.
The court will defer its judgment of conviction against you, which means you won’t be convicted of the charges against you (at this time)
You will probably need to fulfill some requirements, such as obtaining alcohol or drug abuse counseling and testing negative for alcohol or drugs during the pendency of the agreement. You could also be required to perform community service and to pay restitution to anyone injured by your actions.
If you complete the terms of your DPA within the allotted time frame, you will likely experience considerable benefits. If you don’t, however, your original guilty plea will stand, and you’ll face sentencing for those charges, which can leave you with a felony on your record.

One Case at a Time

Determining whether a DPA is a good outcome or not must be considered on a case-by-case basis. For example, if you successfully complete the terms outlined in your DPA, you can see your felony charge reduced or even dismissed. However, to plead guilty to a crime you didn’t commit to obtain a DPA can be an incredibly difficult choice to make. By entering your plea for the DPA, you not only relinquish your right to challenge the case, to file any motions, and to suppress any evidence or statements but also forfeit your right to a trial. Ultimately, the decision is yours to make. Your dedicated criminal defense attorney will help you weigh your options and the attendant potential consequences and help guide you toward the best decision for you – given the circumstances of your case.

Call Us Today to Speak with an Attorney

If you face allegations of criminal conduct, don’t hesitate to contact us online or call Cohen Law Offices at (715) 514-5051 today. The criminal defense attorneys at Cohen Law Offices in are committed to helping you obtain your case’s most beneficial resolution – whether that involves accepting a DPA or not.

Self-Defense in Domestic Assault Cases

Mon, 05 Oct 2020 15:44:01 GMT

Domestic assault cases are always difficult, and the consequences of a conviction are severe. However, the fact is that if you were acting in self-defense, it can mitigate the charges – or even stop them from being leveled against you in the first place. If you’re facing domestic assault charges, failing to obtain the professional legal counsel you need from an experienced criminal defense lawyer could lead to devastating consequences.

The Charge of Domestic Abuse

The charge of domestic abuse in Wisconsin refers to any of the following actions taken by an adult against a spouse, former spouse, person with whom the adult shares a child or a person with whom the adult currently lives or formerly lived:

Purposely inflicting illness or physical pain or injury on the other person
Deliberately impairing the physical condition of the other person
Sexually assaulting the other person
Taking any physical actions that cause the other person to reasonably fear that any of the above wrongdoings are imminent

Whether an Arrest Is Made

The officer on the scene has the authority to arrest if he or she believes that the person being arrested has committed domestic abuse that amounts to a crime and that any of the following apply:

The officer reasonably believes that the alleged domestic abuse is likely to continue
The alleged victim shows signs of having been physically injured
The person being arrested is considered the predominant aggressor (whether the person was acting in self-defense or defense of someone else can play a pivotal role in making this determination)

Facing Domestic Abuse Charges

When it comes to domestic abuse charges, it often comes down to what each of the two people involved says about the other person. This fact means it can be very difficult to defend yourself against such charges – it can amount to attempting to prove a negative (proving that something didn’t happen). If the charge relates to a case of you attempting to defend yourself or someone else against impending abuse, however, it can amount to a solid defense.

Ultimately, the prosecutor decides whether the state will move forward with charges or drop them due to a lack of evidence (because the alleged victim does not press the charges, he or she similarly cannot drop them). The prosecutor’s decisions regarding whether to press forward or not will be based on evidence – just as the jury’s decision will be if the case goes to court. If you’re facing domestic abuse charges that are based on your self-defense efforts, a knowledgeable criminal defense attorney can help.

Call Cohen Law Offices Today

If you face domestic abuse charges, call the criminal defense attorneys at Cohen Law Offices at (715) 514-5051 today. We are committed to working closely with you in a dedicated effort to build your strongest defense in support of your case’s most favorable resolution.