Eau Claire Criminal Defense Blog

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.

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?

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.

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.

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 .

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.