Defense of Wisconsin and federal child pornography charges, including CyberTipline investigations, digital forensics, and Fourth Amendment litigation.
Practice
Representation in direct appeals from criminal convictions in Wisconsin state courts, addressing trial errors, evidentiary issues, and constitutional violations.
Preparation and argument of petitions to the Wisconsin Supreme Court, seeking review of Court of Appeals decisions in criminal cases.
Challenges to a conviction filed after an unsuccessful direct appeal or after the timeline for a direct appeal has expired.
Motions seeking reduction or modification of criminal sentences based on new factors or changed circumstances.
Petitions for writ of habeas corpus in the Wisconsin Court of Appeals challenging ineffective assistance of appellate counsel in criminal cases.
Representation in direct appeals from federal criminal convictions and sentences in the United States Court of Appeals for the Seventh Circuit.
Motions under 28 U.S.C. § 2255 challenging federal convictions and sentences based on constitutional violations, including ineffective assistance of counsel.
Federal habeas corpus petitions under 28 U.S.C. § 2254 challenging Wisconsin state convictions on federal constitutional grounds.
Preparation of petitions for writ of certiorari seeking United States Supreme Court review of state and federal criminal cases.
Defense of Wisconsin and federal child pornography charges, including CyberTipline investigations, digital forensics, and Fourth Amendment litigation.
National defense representation, consulting, and training in child pornography cases arising from the anonymous peer-to-peer network Freenet/Hyphanet.
Guidance on Wisconsin expungement eligibility and the steps required to seal court records after successful completion of a sentence.
Representation of victims of domestic abuse, stalking, and harassment in Wisconsin injunction proceedings on a case-by-case basis.
Novreske Law Office defends individuals charged with — or under investigation for — possession, receipt, or distribution of child pornography, also referred to as child sexual abuse material (CSAM), in Wisconsin state courts and in federal courts. These cases carry severe penalties: Wisconsin charges possession under Wis. Stat. § 948.12 as a felony carrying a 3-year mandatory minimum term of confinement, with each image routinely charged as a separate count, and federal charges under 18 U.S.C. §§ 2252 and 2252A carry lengthy guideline ranges and, for receipt and distribution, mandatory minimum prison sentences. A conviction in either system also brings sex offender registration and long terms of supervision. The stakes could not be higher, and the defense of these cases demands both legal and technical fluency.
These cases routinely arise from an internet service provider submitting a CyberTipline Report to the National Center for Missing and Exploited Children (NCMEC), which forwards the information to state or federal law enforcement, often through an Internet Crimes Against Children (ICAC) task force. Brad is at the forefront of this developing area of law and has litigated Fourth Amendment issues surrounding the cooperation between internet providers, NCMEC, and state or local law enforcement — including whether searches conducted through that pipeline required a warrant, and whether the warrants that followed were supported by accurate and sufficient information.
How the government builds these cases matters as much as what it alleges. Brad is well-versed in the technical aspects of these cases and recognizes the important role of forensic analysis of phones, computers, and other devices in defending these allegations. The forensic record often tells a more complicated story than the criminal complaint: questions of who actually used a device, whether files were knowingly possessed or automatically cached, how peer-to-peer software actually behaved, and whether the government's examiner overstated conclusions are frequently where these cases are won. Brad recently secured a new trial for a client convicted of possession of child pornography based on the trial attorney's failure to recognize and develop significant weaknesses in the State's case apparent from the forensic analysis.
A niche part of this practice involves cases arising from the anonymous peer-to-peer network Freenet, now known as Hyphanet, in which Brad is a leading defense expert and consultant for attorneys nationwide.
Representation is available at every stage: pre-charge investigation, trial, sentencing, direct appeal, and postconviction litigation — including cases where prior counsel failed to challenge the search or develop the forensic evidence. All consultations are confidential, and these matters are handled with the discretion they require.
To discuss your case confidentially, contact Novreske Law Office.