Eau Claire Criminal Defense Blog

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.

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.

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.

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.

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.

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.

Are you or a loved one dealing with an OWI case? Read our blog to learn about how a criminal defense lawyer can help with these cases.

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.