Internet Sex Crimes Attorney Milwaukee, Wisconsin

Once you’re formally charged, the case moves through the court process. First comes an arraignment, where you enter your plea. Then come hearings, evidence review, and potential negotiations. You have the opportunity to respond to the allegations and challenge the evidence the state relies on. At Kim & LaVoy S.C., we focus on helping you understand what’s happening at each stage so you’re not left guessing, and we start building your strategy early so you’re never caught off guard.

In some cases, yes, depending on the evidence, the exact allegations against you, and how the case develops. Not every situation is suited to negotiation, but there are times when it can reduce your exposure to more serious penalties. At Kim & LaVoy S.C., we carefully assess whether negotiating or moving forward to trial gives you the strongest position, and we walk you through that decision with clarity.

Evidence plays a critical role in any successful defense, particularly in cases involving digital files, computers, or a hard drive. The state must prove you knowingly possessed or accessed the material, which isn’t always as straightforward as it sounds. [Wis. Stat. § 948.12(1m)] The presence of a file on a device doesn’t always mean a person knowingly accessed it.

Our attorneys review IP addresses, chat logs, and hard drive data for errors or inconsistencies. In some cases, expert testimony can show that a file was automatically downloaded by malware or a virus rather than deliberately obtained. Mistaken identity is also a real issue when multiple people had access to the same device or Wi-Fi network. We examine how the evidence was collected and where the state’s proof has gaps, because that’s often where a case gets won or lost.

Yes, Wisconsin’s child exploitation laws cover more than distribution, including possession and online solicitation so that you can face charges even without a direct exchange. [Wis. Stat. § 948.12]

Situations involving sexting or online conversations can sometimes be interpreted differently by police and prosecutors than they were intended. Factors like age, knowledge, and what actually occurred on the other end of the interaction, for example, whether the other party misrepresented who they were, can all affect how a case is handled. In online solicitation cases specifically, an entrapment defense may apply if an officer or informant induced the conduct and the person had no reason to believe they were communicating with a minor. [Wis. JI-Criminal 780] We help you understand which of these defenses actually fit your situation, and which ones don’t.

Consequences vary by charge. A conviction for use of a computer to facilitate a child sex crime carries a mandatory minimum of five years in prison, while a conviction for possession of child pornography carries a mandatory minimum of three years. [Wis. Stat. § 939.617(1)] Both are followed by extended supervision once the prison term ends. Judges consider the exact charge, the evidence, and the circumstances when a sentence is handed down, though the mandatory minimums above still set the floor in most cases.

Most convictions also trigger sex offender registration, which is public and can include your name, photo, and general location. [Wis. Stat. § 301.45] Registration can also lead to community notification, where local law enforcement notifies schools, neighbors, and the broader community where you plan to live or work. Judges consider the specific charge, the evidence, and the circumstances when a sentence is handed down. However, many of these penalties are set by statute rather than left open to discretion. Beyond the legal penalties, a conviction can affect employment, housing, and relationships for the rest of your life. At Kim & LaVoy S.C., we understand how much is at stake, and we fight for the best possible outcome, whether that means contesting the prosecution’s case or negotiating the most favorable resolution available.

Several. The Fourth Amendment, along with Article I, Section 11 of the Wisconsin Constitution, protects you against illegal searches of your devices. [U.S. Const. amend. IV] [Wis. Const. art. I, § 11] Law enforcement generally needs a warrant or a recognized exception before searching your computer or phone. The Fifth Amendment gives you the right against self-incrimination. [U.S. Const. amend. V] You aren’t required to answer police questions without a lawyer present, and staying silent is never held against you in the way people fear.

Digital forensic capability has improved a great deal in recent years. Law enforcement can now recover deleted images and trace activity that once seemed harder to find, so assuming a device is “clean” isn’t a safe defense strategy on its own. This applies whether the allegation involves possession, internet solicitation of a minor, or another type of internet sex crime. That’s also why it matters to speak with one of our lawyers before you speak with police, and before you ever sit alone in a holding cell answering questions.