When Can the Police Search Your Home?

Have you been charged with arson? Read this guide to learn what to do if you're charged with arson, covering rights, legal representation, and more.

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. 

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.

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.

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.

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

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

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

If you or a loved one find yourselves in a situation in Eau Claire where you need to understand the bail process, it's important to know how bail works and what steps you can take to manage the process effectively. Here's a blog to help you work through the bail process in Eau Claire, providing you with the most information and tips. What is Bail? Bail is a set amount of money that acts as insurance between the court and the person accused of a crime. The defendant has the option to pay bail in exchange for their release, with the understanding that they will return for their court hearings and trial. If the defendant does not return, the bail amount is forfeited. Alternatively, a defendant may be given a “signature bond,” which requires no money to be paid in exchange for release from custody. Step 1: The Bail Hearing After an arrest in Eau Claire, the defendant will have a bail hearing, typically within 48 hours. During this hearing, a judge will determine whether the defendant is eligible for bail and at what amount. Factors influencing this decision include the severity of the crime, previous criminal history, the defendant's ties to the Eau Claire community, and whether the defendant is considered a flight risk. Step 2: Posting Bail If bail is set, there are several ways to post it: Cash Bail: The bail amount can be paid in full with cash, check, or sometimes a credit card directly to the court. Signature Bond: In some cases, a person will not be required to pay for their release. They will instead be required to sign a promise to follow any conditions of release ordered by the court. Step 3: Release Conditions Upon posting bail, the defendant will be released from jail but may have to agree to certain conditions, such as not leaving Eau Claire or avoiding contact with specific people. Step 4: Court Appearances The defendant must attend all required court appearances. Failure to appear can result in the forfeiture of the bail paid, the issuance of a warrant for arrest, and potentially more severe penalties. Tips for Managing the Bail Process Understand the Conditions: Make sure you fully understand the bail conditions to avoid violations. Keep Documentation: Keep copies of all documents and receipts related to the bail process. Stay Informed: Keep track of court dates and requirements to ensure compliance with all conditions of release. Legal Representation: Consider hiring a criminal defense attorney to help navigate the legal system and potentially work on getting the bail amount reduced. Call Us Today to Speak with a Criminal Defense Lawyer in Eau Claire Navigating the bail process in Eau Claire requires understanding the steps involved and ensuring compliance with all court conditions. By following this guide and seeking advice from a criminal defense lawyer at Cohen Law Offices, you can manage the bail process more effectively. Reach out to Cohen Law Offices at (715) 643-8778 today.