Results
The Milwaukee criminal defense lawyers of Kohler and Hart have the capability and experience to defend their clients against a variety of charges. The firm’s lawyers are dedicated to helping their clients in a range of lawsuits including charges at both the state and federal levels as well as appellate courts. Listed below are examples of the types of cases resolved by the Milwaukee criminal attorneys of Kohler and Hart.
Acquittals / Dismissals
Homicide – Not Guilty by Reason of Mental Defect
Client was charged with one count of homicide and one count of attempted homicide. Based on the expert evidence presented by Brian Kinstler and Michael Hart, which included testimony from two national experts on post-partum psychosis and a specialist in forensic psychiatry, the court found that the woman was not criminally responsible for her actions because of her mental state. Client was found not guilty by reason of mental disease or defect.
1st-Degree Attempted Homicide – Not Guilty
Client was charged with attempting to kill a Deputy Sheriff while confined to a hospital room for heroin addiction recovery. Client admitted guilt on 5 other counts, including 1st-degree reckless endangerment, battery of a peace officer, and armed carjacking. Attorney Martin Kohler was able to show that client’s goal was escape, not murder; client as acquitted of 1st-degree attempted homicide.
1st-Degree Murder and Robbery – Not Guilty
Client was charged in the stabbing death of a recent acquaintance. Working the case as a public defender, Martin Kohler uncovered witness testimony that corroborated client’s account and laid blame on two other men for stabbing the victim during a robbery attempt. Client was acquitted of charges.
Homicide, Armed Burglary, Armed Robbery – Not Guilty
Client was accused of executing a store manager during an armed robbery. Client was arrested and charged based on testimony from his cousin, who was serving a life sentence for his part in the crime in question. Martin Kohler cast doubt on the reliability of that testimony, pointing out the witness’ demonstrated willingness to lie. Client was cleared of charges.
Arson, 3 Counts – Not Guilty by Reason of Mental Illness
Client was charged with setting fires in Marathon County. Attorney Brian Kinstler presented evidence showing client’s mental illness and need for treatment. Client was found not guilty by reason of mental illness.
Misconduct in a Public Office – Cleared of Charges
Client was charged with Misconduct in Public Office and three related charges. The attorneys of Kohler & Hart persuaded the court that there was no basis for two of the charges, and they were dismissed before trial. The client was acquitted after a jury trial on the two remaining charges.
Federal Bank Fraud – Criminal Charges Dismissed
Prominent Wisconsin CEO charged with federal bank fraud involving six-figure dollar amounts. The attorneys of Kohler & Hart had the criminal charges dismissed, and the corporation paid a civil fine.
Workplace Death & Safety Violations – Cleared of Allegations
Fortune 500 company investigated for workplace death and related safety violations. The attorneys of Kohler & Hart were able to have the company cleared of all allegations.
Campaign Finance Law Violations – Cleared of Charges
Lobbyist for major Wisconsin corporation retained the attorneys of Kohler & Hart, who were able to have all campaign finance violations cleared.
Probation and Minimized Sentences
Homicide – 5 Years Probation
Client was charged in connection with the fatal shooting of his close friend. Martin Kohler presented testimony to show that the shooting occurred as client was attempting to take a gun away from his friend in the interest of safety. Client received 5 years probation.
Embezzlement of $160,000 – 1 Year Incarceration & 11 Years Probation
Client was accused of embezzling approximately $160,000 from her employer over an 8-year period, and admitted to “misappropriation of funds.” Martin Kohler presented evidence of client’s remorse, efforts at restitution, lack of a criminal record, and emotional troubles; client received 1 year incarceration and 11 years of probation, despite the objections of her employer.
Felony Child Abuse – 6 Months Incarceration & 3 Years Probation
Client was a bus driver accused of physically abusing a 9-year old boy with Down syndrome. Prosecution presented evidence in the form of a voice-activated tape recorder with audio of the defendant threatening the child. Martin Kohler challenged the tape’s admissibility, but was only able to block its acceptance temporarily. Kohler also presented evidence of client’s remorse, inability to hold a steady job due to the abuse charges, lack of a criminal record, and history coaching softball with the Special Olympics of Wisconsin. Client received 6 months in jail and 3 years probation – far less than the state’s recommended sentence.
Homicide by Negligent Operation of a Vehicle – 12 Weeks Incarceration, 2 Years Probation & 250 Hours Community Service
Client was a truck driver charged with homicide by negligent operation of a vehicle and reckless driving causing great bodily harm in connection with a fatal crash. Martin Kohler was prepared to challenge the case based on the faulty design of the intersection. Client received 12 weeks incarceration & 2 years probation for negligent driving homicide; under a sentencing arrangement, client was also ordered to pay court costs, provide restitution to victims, and complete 250 hours community service in exchange for a reduction of the reckless driving charge and closure of the case.
Falsifying Crime Lab Records – 5 Years Probation
Client was a fingerprint technician accused of taking shortcuts in processing evidence and falsifying records to cover his tracks. Re-analysis of evidence revealed hundreds of fingerprints and dozens of palm prints, leading to 29 new suspects in cases. Martin Kohler pointed out client’s good reputation among law enforcement personnel and argued that the humiliating end to client’s career was punishment enough. Client received 5 years probation.
Multiple Drug Felonies – Probation
Client was charged with multiple drug felonies. The attorneys of Kohler & Hart took an aggressive negotiating position, and the case was eventually resolved by a guilty plea to the least serious charge. The client received probation without jail time and a $200.00 fine.
Possession with Intent to Deliver Marijuana – Probation
A client was arrested and charged with Possession with Intent to Deliver Marijuana. While cross-examining the police officers at a hearing, the attorneys of Kohler & Hart were able to raise significant questions about the legality of the police search. As a result, the client was able to plead guilty to misdemeanors, and received probation.
Felony Possession of Heroin –1 Year Probation
A college student was charged with Felony Possession of Heroin. The firm’s attorneys forced the State Crime Lab to retest the substance seized from the client’s home, which ultimately turned out to be only marijuana. The felony was amended to misdemeanor marijuana possession, and the client received one year of probation.
Vehicular Homicide on the Job – Probation
The attorneys of Kohler & Hart hired by Fortune 500 company to represent employee charged with vehicular homicide while on the job. Charges reduced to misdemeanors; client received probation.
Misappropriation of Federal & State Funds - $100 Fine
Client was target of federal criminal investigation for misappropriation of federal funds and related matters. Same client was under state investigation for similar matters. Client avoided federal prosecution. State charges were amended from a felony to a misdemeanor, and the client received a $100 fine.
Successful Appeals
Stalking Conviction Overturned
Client had been accused and convicted of stalking under previous representation. The attorneys of Kohler & Hart, LLP took over the case and uncovered evidence contradicting the accuser’s story. Client’s conviction was reversed.
Other Notable Results
Motion to Dismiss Praised by Judge
Martin Kohler presented a motion to dismiss on behalf of a man charged with killing an unborn fetus by allegedly beating his pregnant girlfriend. Kohler challenged a new Wisconsin feticide law on vague wording and on constitutional grounds. Though he declined to dismiss the charges, the presiding judge praised Kohler’s motion as one of the best he had ever seen.