Michael R. Cohen’s Guides

Michael R. Cohen

Eau Claire Criminal Defense Attorney.

Contributor Level 15
  1. What if your case situation does not exactly the Expunction Statute criteria?

    Written by attorney Michael Cohen, almost 2 years ago.

    The Wisconsin expunction statute was amended in 2009, to increase the age limit for eligibility to twenty-five and, for the first time since 1976, permit expunction for some low class felonies. Thus, some people whose conviction occurred prior to July 1, 2009 but are under the ag...

    1 person found this Legal Guide helpful

  2. Breath Test Results Can be Manipulated

    Written by attorney Michael Cohen, almost 2 years ago.

    Thue use of brath testing machines in OWI/DUI cases is quite common. Yet, these machines are far from the reliable devices. One of manyexamples of that unreliability is the fact that the results will vary depending upon the breathing pattern of the person being tested. This has b...

    2 people found this Legal Guide helpful

  3. What drugs can be tested for in an OWI/Drugged Driving case?

    Written by attorney Michael Cohen, almost 3 years ago.

    The short answer, they can test for whatever they want. The State will first test for alcohol because it is the fastest and easiest substance to test for. If the results show that your BAC is below the legal limit then the State will move on to test for other substances. What the...

    1 person found this Legal Guide helpful

  4. RICO

    Written by attorney Michael Cohen, almost 3 years ago.

    Earlier I published on the issue of "conspiracy." Many times a conspiracy case also involves an allegation of racketeering. This is a distinct but connected issue. Brieflly, what this is is a situation where there is an allegation underFederal and state racketeering, profiteering...

    1 person found this Legal Guide helpful

  5. General Concepts of a Deferred Prosecution Agreement (DPA)

    Written by attorney Michael Cohen, about 3 years ago.

    Generally, there are two types of deferred resolutions to criminal charges: a Deferred Prosecution and a Deferred Judgment (or Deferred Acceptance of Guilty Plea). In a Deferred Prosecution arrangement, the proceedings in a criminal case are put off for a period of time subjec...

    1 person found this Legal Guide helpful

  6. When is "self defense" a defense? (General)

    Written by attorney Michael Cohen, about 3 years ago.

    The legal concept of "self defense" is what is known as an "affirmative defense." The prosecution mustdisprove self-defense beyond a reasonable doubt. In a selfdefense case the defendant does not dispute that they engaged in the acts as alleged by the government. However, the ...

    1 person found this Legal Guide helpful

  7. What is "Entrapment?" (Non-State Specific - General Definition)

    Written by attorney Michael Cohen, about 3 years ago.

    Entrapment is a legal theory of defense to a criminal allegation that can be used in certain specific circumstances and cases to negate criminal liability where the defendant can show that but for the actions of an overzealous law enforcement officer that induced or caused the p...

    1 person found this Legal Guide helpful

  8. Probation/Parole Revocation Burden of Proof (General- Not State Specific)

    Written by attorney Michael Cohen, about 3 years ago.

    Many times, and indeed in most cases today where a defendant does not need to be put in prison immediately, an individual who has been convicted of a crime will, as part of their consequence/punishment, be placed on probation (or parole upon their release from prison). In every c...

    1 person found this Legal Guide helpful

  9. Privilege Defenses in traffic cases (Wisconsin)

    Written by attorney Michael Cohen, about 3 years ago.

    Many times people do not realize that they may in fact have a valid defense to a traffic ticket that is normally deemed to be a strict liablity offense such as speeding. But in Wisconsin, the courts have said that sometimes it may be possible to raise defenses such asself-d...

    1 person found this Legal Guide helpful

  10. OWI -first consequence for Canada travel (Wisconsin issue)

    Written by attorney Michael Cohen, about 3 years ago.

    I have been asked many times about the consequences of an OWI-first conviction from WI on the ability of the convictee to go to Canada even though an OWI-first in WI is not a crime. The answer is that it isCanadas position that if the conviction elsewhere is for something that i...

    1 person found this Legal Guide helpful

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