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

Michael R. Cohen of Cohen Law Office has been named atop-rated criminal defense attorney in Eau Claire, Wisconsin, for 2024 by Super Lawyers. This marks the seventh consecutive year Attorney Cohen received this designation, highlighting his dedication to representing those facing criminal charges throughout the state. Super Lawyers Selection Process Each year, Super Lawyers selects the top five percent of attorneys to receive their special designation. The selection process involves multiple phases and looks at an attorney’s track record of success, client feedback, and contributions to the legal community. This rigorous process includes: An initial nomination period, where attorneys can be nominated by their peers or identified by the Super Lawyers research team An independent research period, where the Super Lawyers research team evaluates each nominee based on their achievements and peer recognition A peer evaluation period, where established attorneys vote on other candidates within their primary practice area A final selection period to decide the top five percent of attorneys in each practice area Top-Rated Criminal Defense Lawyer for Seven Years in a Row Receiving a Super Lawyers designation a single time is a worthy achievement, and Attorney Cohen has earned it every year from 2018 to 2024. This continuous recognition demonstrates his commitment to providing comprehensive legal support to Wisconsin residents facing significant criminal charges . Attorney Cohen’s Practice Areas Attorney Cohen personally focuses on representing those charged with the most serious criminal offenses in Wisconsin, including sex crimes, homicide, and other felony offenses. His primary practice areas include: Criminal Defense White-Collar Crime Defense OWI Defense Sexual Assault Defense Child Sexual Assault Defense Violent Crime Defense Individuals charged with these crimes face significant legal penalties, such as heavy fines and lengthy prison sentences. However, even a relatively minor charge can significantly impact someone’s life if they’re convicted. Attorney Cohen believes everyone deserves exceptional legal support and works to defeat or reduce the charges brought against his clients. Do You Need a Criminal Defense Lawyer? Hiring a criminal defense lawyer can benefit anyone facing criminal charges, and the more serious the charges are, the more beneficial having a lawyer is. When you hire Attorney Cohen and his team, some of the benefits they bring to the table are: Decades of Experience - Cohen Law Office's attorneys have over 47 combined years of criminal defense experience, as they opened their doors in 1991. Extensive Record of Success - Cohen Law Office has a history of achieving favorable outcomes for clients across a broad range of cases, from OWI offenses to sexual assault of a minor. Local Knowledge - Attorney Cohen is an active member of the local community and has a thorough understanding of Eau Claire County court procedures. Contact a Wisconsin Criminal Defense Attorney If you’ve been charged with a crime in Eau Claire, Wisconsin, contact Cohen Law Office at (715)-382-9447 for a confidential consultation with an experienced criminal defense attorney. We’ll review your case, explain the charges you’re facing, and go over some of the defense strategies that may be available.

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.

Unlike most states, Wisconsin imposes adult criminal liability at 17 rather than the age of majority at 18. However, this policy denies 17-year-olds the benefits of the juvenile justice system that can help rehabilitate youth offenders and prevent adult criminal behavior. Parties in the legal industry, such as the Wisconsin State Bar, have called for reforms to return 17-year-old offenders to the state’s juvenile justice system by default. Wisconsin’s Current Criminal Law for 17-Year-Olds The juvenile justice system in Wisconsin only handles minors up to age 16. The juvenile justice system handles minors who commit offenses differently from the adult criminal justice system, including offering rehabilitation and treatment-focused sentencing designed to reduce the risk of recidivism. Wisconsin remains one of a handful of states that automatically places 17-year-olds in the adult criminal justice system, having removed 17-year-olds from the juvenile justice system in 1996. Unfortunately, because the adult criminal justice system focuses on punishment and protecting the public from criminal offenders, teenagers placed in the adult criminal justice system have a higher risk of reoffending than teens who go through the juvenile justice system. The Push for Reform With most states recognizing that 17-year-olds benefit from the rehabilitative and treatment-focused options in the juvenile justice system, many parties in Wisconsin have called for reforms that would allow 17-year-olds who commit offenses to resolve their charges in the juvenile justice system by default. The State Bar of Wisconsin has expressly called for returning original jurisdiction over 17-year-old offenders to the juvenile justice system while recognizing the need to transfer some juveniles to adult courts in cases involving homicide, sexual assault, or other severe violent crimes. Benefits of Returning 17-Year-Olds to the Juvenile Justice System Returning original jurisdiction over 17-year-old offenders to the juvenile justice system in Wisconsin may offer various benefits for offenders and the Wisconsin public, including: Increased Access to Rehabilitation Opportunities – Unlike the adult criminal justice system, the juvenile justice system focuses on rehabilitating teen offenders to help them avoid committing future crimes. Reduced Recidivism – The juvenile justice system’s programs focus on helping teens adjust their behavior to avoid committing future criminal conduct. Protecting Teenagers’ Futures – Adjudicating offenses in the juvenile justice system can protect teenagers’ futures by avoiding the potentially devastating stigma of adult criminal records that can limit their educational, professional, and personal opportunities. Better Outcomes for Public Safety – By reducing recidivism and helping more teens who commit offenses lead law-abiding lives as adults, handling 17-year-olds in the juvenile justice system can improve public safety by reducing the number of teens who go on to continue criminal behavior as adults. Contact a Criminal Defense Attorney Today If your child was arrested for a criminal offense, you need experienced legal advocacy and guidance to protect their interests and future. Contact Cohen Law Offices today by calling us at (715) 333-3782 for a confidential consultation with a dedicated, compassionate criminal defense attorney . We look forward to discussing your family’s options for pursuing a favorable resolution to your child’s criminal charges.

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.

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 .

Read our blog to learn about the consequences of trying to conceal a dangerous weapon and learn your options if you find yourself facing a weapon charge.

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.

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.

If you are facing charges for resisting arrest, read our blog to better understand these charges and potential defense strategies to challenge them.