Best Criminal Defense Lawyers in Wisconsin

About Criminal Defense Law in Wisconsin, United States

Criminal defense law in Wisconsin refers to the area of law that focuses on protecting the rights of individuals accused of committing crimes. The criminal justice system in Wisconsin is designed to enforce state laws, and anyone accused of a crime faces the power of the state in prosecution. Criminal defense lawyers play a crucial role in ensuring their clients receive a fair trial and proper legal representation. The process typically involves investigation, negotiation, and, if necessary, trial. Crimes in Wisconsin can range from minor misdemeanors to serious felonies, each carrying potential consequences such as fines, jail time, probation, and a permanent criminal record.

Why You May Need a Lawyer

There are many situations where individuals may require legal help related to criminal defense in Wisconsin. Even a seemingly minor criminal charge can have serious life consequences. Here are some common reasons why people seek criminal defense lawyers:

• They have been arrested or charged with a crime, such as theft, assault, DUI, or drug possession.
• They are under investigation by law enforcement agencies.
• They have been served with a summons or subpoena to appear in court.
• They want to clear or expunge their criminal record.
• They need help navigating plea bargains or negotiating with prosecutors.
• They wish to protect their rights during police questioning or searches.
• They seek guidance for juvenile offenders or crimes involving minors.
• They are facing probation violations or parole revocations.
• They are at risk of losing driving privileges due to criminal charges.
• They need to mount an appeal after conviction.

Having an experienced criminal defense lawyer can make a significant difference in the outcome of a case, from reducing charges to securing dismissals or acquittals.

Local Laws Overview

Wisconsin criminal law is primarily governed by the Wisconsin Statutes Chapters 939 to 948, which define crimes and penalties. Certain aspects of criminal defense law are particularly relevant in Wisconsin:

• OWI Laws: Operating While Intoxicated (OWI) is Wisconsin's term for drunk driving. Even first-time offenders may face heavy fines, license suspension, and mandatory alcohol assessment.
• Felony and Misdemeanor Distinction: Crimes are categorized as felonies or misdemeanors, with felonies carrying harsher penalties and longer incarceration times.
• Sentencing Guidelines: Wisconsin uses sentencing guidelines that account for the nature of the offense and a defendant's criminal record.
• Mandatory Reporting and DNA Collection: Convictions for certain offenses, particularly sexual or violent crimes, may require the offender to submit DNA samples and register with authorities.
• Bail and Bond: Defendants have the right to bail in most cases, with judges setting bail amounts or conditions for release based on risk factors.
• Expungement: Some offenses may be eligible for expungement, especially for young or first-time offenders, subject to judicial approval.
• Right to Counsel: Defendants have the right to an attorney. Those who cannot afford one may qualify for a public defender.
• Juvenile Justice: Wisconsin has a separate juvenile justice system for offenders under the age of 17, focusing more on rehabilitation than punishment.

Anyone facing criminal charges should familiarize themselves with local laws and procedures, as laws can change and may be interpreted differently in various counties or municipalities across Wisconsin.

Frequently Asked Questions

What should I do if I am arrested in Wisconsin?

Remain calm and do not resist arrest. Politely state that you wish to remain silent and request to speak with an attorney before answering any questions. Do not discuss your case with police or other detainees.

Can I represent myself in a criminal case?

Yes, you have the right to represent yourself, but doing so is risky. Criminal law is complex, and mistakes can have serious consequences. It is strongly recommended to have a lawyer represent you, especially in felony cases.

What is the difference between a felony and a misdemeanor in Wisconsin?

Misdemeanors are less serious offenses, generally punishable by up to one year in jail. Felonies are more serious offenses and can result in imprisonment for more than one year, along with other long-term consequences.

What happens at an initial appearance or arraignment?

An initial appearance is the first court step after arrest. The charges are read, bail may be set, and you are informed of your rights. An arraignment is where you formally enter a plea of guilty, not guilty, or no contest.

What is a plea bargain?

A plea bargain is an agreement between the defendant and prosecutor to resolve a case without trial. Generally, it involves pleading guilty to a lesser charge or receiving a lighter sentence.

Will a criminal charge stay on my record?

Most criminal convictions in Wisconsin remain on your record permanently unless eligible for expungement. Some juvenile or first-offense cases may qualify for removal from the record.

Can a lawyer help me avoid jail time?

Yes. Effective legal representation can help reduce charges, negotiate plea deals, and argue for alternative sentencing, such as probation, community service, or treatment programs.

Am I required to take a breathalyzer or field sobriety test if stopped for OWI?

Wisconsin's implied consent law requires drivers to submit to chemical tests after arrest for OWI. Refusing can result in license suspension and other penalties, even if you are not convicted of OWI.

What should I do if I missed my court date?

Contact your attorney or the court as soon as possible. Missing a court date can result in a warrant for your arrest and additional charges. Your lawyer may be able to help you resolve the issue and avoid further penalties.

Can I talk to the police without a lawyer present?

You have the right to remain silent and the right to have a lawyer present during questioning. It is generally recommended not to speak with police about your case without consulting a lawyer first.

Additional Resources

Here are some helpful resources for those seeking information or assistance related to criminal defense in Wisconsin:

• Wisconsin State Public Defender's Office: Provides legal representation for individuals who cannot afford to hire a lawyer.
• Wisconsin Court System: Offers information about criminal procedures, court forms, and self-help resources.
• Legal Action of Wisconsin: Offers free legal services for low-income individuals in certain cases.
• Wisconsin Department of Justice: Shares information on state laws, victim services, and public safety resources.
• Wisconsin Bar Association - Lawyer Referral and Information Service: Helps connect people with qualified criminal defense lawyers in their area.
• County Clerk of Courts: Each county's court office can provide case information, schedules, and forms.

Next Steps

If you are facing criminal charges or believe you may be under investigation, it is important to act quickly and protect your rights. Here are steps you should consider:

• Do not discuss your situation with anyone other than your lawyer.
• Contact a qualified criminal defense attorney as soon as possible to discuss your case and potential defenses.
• Gather and organize any documents, evidence, or information related to your arrest or charges.
• Attend all scheduled court appearances or hearings on time and follow your lawyer's advice closely.
• Use available resources, such as public defender services or local bar associations, if you need help finding legal representation.
• Stay informed about your legal rights and responsibilities throughout the case.

The consequences of a criminal conviction can affect your freedom, reputation, and future opportunities. Taking immediate action to secure the proper legal help is essential for the best possible outcome in your criminal defense case.