Criminal Defense Lawyers in Wisconsin

A single lapse in judgment or simple misunderstanding can quickly end in criminal charges. Whether you went through self-checkout and forgot an item at the bottom of the cart or you’re facing more serious charges, such as aggravated battery or sexual assault, you need to understand your charges and what you’re up against.

When you’re facing the full weight of the criminal justice system in Wisconsin and your future and freedom are on the line, you need a Wisconsin attorney who understands the law and can advocate for your rights. West & Dunn is a criminal defense law firm that helps those in Waunakee and the surrounding areas who have been charged with misdemeanor or felony criminal offenses.

What Rights Do You Have If You Are Accused of a Crime?

In the United States, people are guaranteed certain rights when they are charged with a crime. Most people are familiar with some of these from popular legal TV shows, such as the right to remain silent, but it’s important to understand what these rights actually mean.

For example, when you are arrested for a crime, you have the right not to speak. This means that police officers cannot force you to talk to them or answer any questions if you don’t want to. It also means that this can’t be held against you later at trial. Read more: The Right to Remain Silent

Another is the right to due process. This is a more complicated one, but it means that you can’t be held in custody or be “deprived of life or property” without legal grounds. In Wisconsin, you cannot be held for longer than 72 hours in police custody without being formally charged. Once you are charged, you have the right to a “speedy trial.” In general, trials start within 60 days for misdemeanors and 90 days for felonies.

You also have the right to an attorney throughout the entire process, from being questioned by police to standing trial in the state and federal courts. If you tell police officers that you want to exercise your right to have an attorney, they must stop questioning you until the attorney is there. If you cannot afford an attorney, one must be provided for you.

What Is the Difference Between a Felony and a Misdemeanor?

Criminal charges are organized into two categories: felonies and misdemeanors. Misdemeanors are generally seen as less serious crimes than felonies. This also means that the penalties are less severe.

For example, misdemeanor crimes involve shorter potential sentences — less than 9 months — while some felonies, such as first-degree intentional homicide, can result in life in prison.

Felony charges also generally involve larger fines, which can easily be in the tens of thousands of dollars, depending on the crime.

Misdemeanor charges also generally have less of an impact on your life after your sentence has been served. If you are convicted of a second drunk driving offense, for example, this is a misdemeanor. After you serve your sentence, which can include jail time, fines, and a license suspension, you can basically return to normal life.

However, if you are convicted of a felony, you may have to notify your employer, and it could prevent you from being able to work in certain industries, such as with children or vulnerable populations like the elderly. The longer prison sentences associated with felony convictions can also make it harder to maintain relationships with your family and friends. Read more: How Does Being Charged with a Felony Impact Your Civil Rights?

OWI/DUI Defense in Wisconsin

Drunk driving charges are among the most common criminal matters in Wisconsin — and among the most time-sensitive. A first-offense OWI is not a criminal charge; it is a civil forfeiture. But the consequences are serious: fines of $800–$1,100, a mandatory alcohol assessment, and a 6–9 month driver’s license revocation. A second or subsequent OWI becomes a criminal misdemeanor or felony.

One of the most important deadlines after an OWI arrest is the 10–13 day window to contest the administrative license suspension. Missing it results in an automatic six-month suspension. An attorney can immediately challenge that process and begin building a defense against the underlying charge.

Related reading:

• Arrested for Drunk Driving? Navigating the Consequences and Options
• First-Offense OWI Penalties in Wisconsin: What You Need to Know
• Implied Consent in Wisconsin: What It Means for Your OWI Case

What Does a Criminal Defense Attorney Do?

A criminal and traffic defense attorney is your legal representative as you navigate the complexities of the court system. Criminal defense lawyers’ primary focus is on protecting your rights and ensuring that you receive the strongest possible defense, regardless of the charges or circumstances you face. These attorneys are skilled in understanding the intricacies of the criminal justice system and are committed to advocating for their clients.

Here are some key responsibilities of a criminal defense attorney:

• Case Analysis: Review all aspects of the case, including police reports, evidence, and witness statements, to identify strengths and weaknesses.
• Legal Advice: Provide sound legal advice to help clients understand their rights and the potential outcomes of their case.
• Plea Negotiations: Engage in discussions with prosecutors to negotiate plea deals that may result in reduced charges or lighter sentences.
• Trial Preparation: Develop a robust defense strategy, including preparing opening statements, examining witnesses, and presenting evidence in court.
• Client Representation: Advocate for the client in court, ensuring their rights are protected and that they receive a fair trial.
• Confidential Communication: Maintain attorney-client privilege, allowing clients to speak freely and honestly about their case without fear of disclosure.
• Appeals: If necessary, file appeals to challenge convictions or sentences that are believed to be unjust.

Remember, anything you say to your criminal defense lawyer is protected by attorney-client privilege. This means you should be completely honest and transparent about the events surrounding your case. Your criminal lawyers needs a full understanding of what happened before, during, and after the incident to effectively defend you.

What Should You Do If You’ve Been Charged With a Crime?

When you’re arrested and charged with a crime, how you act and the decisions you make directly after can have a significant impact on your case. It’s important to be cooperative with officers during the arrest but not to say anything that might harm your defense. Read more: What Happens if I Am Arrested?

You can ask what you’ve been charged with if you are actually being arrested and not just detained. In general, the only other time you should speak with officers during an arrest is when providing your name and asking for an attorney.

The sooner you get a criminal defense attorney involved, the better — especially if your case involves the federal and state courts. An attorney can help determine if you’ve been arrested or are just being detained. They can also sit with you while answering questions from the police to ensure that the officers follow the proper procedures and that you don’t answer anything that could potentially harm your case later.

It’s also important to let a friend or family member know that you’ve been arrested so that they can take care of any obligations you have, such as children or pets. You may also need to let your employer know that you won’t be able to come to work if you are going to be held for more than a few days.

If you are given the option and can afford it, you can choose to post bail as soon as possible so that you don’t have to stay in custody and can continue on with your normal life until your case is settled. Read more: How Does Bail Work in Wisconsin?

The most important thing you can do for your defense is to work with an experienced criminal defense attorney. It’s important to find a criminal law firm with Wisconsin criminal defense lawyers who have successfully worked on criminal offense cases similar to yours before and can explain what your options are and what to expect from the process.

At West & Dunn, we help defendants in Wisconsin address a wide range of criminal charges. Get help with your case by calling 608-535-6420.

Criminal Defense Attorney Wisconsin Can Help With:

• Drug Offenses — Representation for charges involving possession, trafficking, or distribution of illegal substances, ensuring fair treatment in court. See also: Understanding Wisconsin’s Drug Possession Laws
• DUI/OWI Defense — Assistance with driving under the influence or driving while intoxicated charges, including navigating the legal complexities of testing and penalties.
• Theft and Burglary — Defense for individuals accused of theft, burglary, robbery, or shoplifting, focusing on protecting rights and challenging evidence.
• Domestic Violence — Legal representation for domestic violence accusations, from initial investigation to trial, aimed at minimizing consequences.
• Assault and Battery — Defense against charges of physical harm or threats, including aggravated assault or simple battery, ensuring a fair defense.
• Sex Crimes — Expertise in defending clients accused of sexual assault, harassment, exploitation, or other sexual offenses, with a focus on privacy and justice.
• Homicide — Representation in cases involving murder or manslaughter, working to ensure a thorough investigation and vigorous defense.
• White-Collar Crimes — Legal help for fraud, embezzlement, money laundering, or other financial crimes, with a focus on evidence-based defense strategies.
• Weapon Offenses — Defense for charges related to illegal possession of firearms, assault with a weapon, or unlawful use of weapons.
• Juvenile Offenses — Specialized defense for minors facing charges, ensuring a fair process and mitigating long-term consequences.
• Vandalism and Criminal Mischief — Legal support for those facing charges of property damage or vandalism, defending against wrongful accusations and minimizing penalties.
• Probation Violations — Representation for individuals accused of violating probation conditions, including the potential for revoked probation and imprisonment.
• Child Abuse and Neglect — Defense for parents or guardians accused of child abuse or neglect, focusing on protecting family rights and ensuring a fair trial.
• Fraud and Identity Theft — Legal defense against charges of fraudulent activities or identity theft, including credit card fraud or insurance fraud, ensuring thorough investigation and appropriate action.
• Public Disorder Offenses — Defense for minor offenses like disorderly conduct, public intoxication, and disturbing the peace, aiming to clear clients’ names and prevent further consequences.
• Battery and Domestic Assault — Assistance for individuals charged with physical harm within family relationships, including allegations of spousal or partner abuse.
• Stalking and Harassment — Representation for those accused of stalking, harassment, or cyberstalking, working to minimize the impact on their personal and professional lives.
• Driving Offenses — Help with a wide range of driving-related offenses beyond DUI, including reckless driving, driving without a license, or hit-and-run incidents.
• Rape and Sexual Assault — Skilled defense against accusations of rape or sexual assault, ensuring protection of constitutional rights and thorough legal representation.
• Federal Crimes — Legal assistance for those facing federal criminal charges such as drug trafficking, tax evasion, or conspiracy, involving more complex legal processes.
• Tax Evasion and Tax Fraud — Representation in cases involving allegations of tax evasion or fraud, defending individuals or businesses accused of underreporting taxes or misleading authorities.
• Animal Cruelty — Defense for charges related to animal cruelty, neglect, or illegal breeding, ensuring a balanced and fair defense process.
• Conspiracy Charges — Defense for those accused of being involved in criminal conspiracies, focusing on evidence and intent in complex criminal cases.
• RICO Violations — Legal assistance for individuals facing charges under the Racketeer Influenced and Corrupt Organizations (RICO) Act, typically involving organized crime.
• Drug Manufacturing and Distribution — Defense for individuals charged with producing or distributing illegal substances, including meth, heroin, or marijuana, focusing on minimizing sentences.
• Internet Crimes — Help with charges related to cybercrimes, including hacking, online fraud, identity theft, and distribution of child pornography.
• Criminal Appeals — Representation in criminal appeals, working to overturn convictions or reduce sentences based on legal errors or new evidence.
• Bail Hearings — Legal representation for clients seeking to post bail, ensuring a fair hearing and arguing for reasonable bond conditions.
• Expungement and Record Sealing — Assistance with seeking expungement or sealing of criminal records, helping clients move forward by clearing their past criminal history.
• Immigration Crimes — Defense for individuals facing criminal charges related to immigration violations, including illegal entry, overstaying visas, or working without authorization.

Criminal Lawyers in Wisconsin

Criminal defense cases in Wisconsin require skilled legal counsel to navigate the complexities of the criminal justice system. Whether you are facing serious criminal charges such as drug possession, armed robbery, or other felony cases, having an experienced criminal defense lawyer is crucial to protect your rights and fight for the best possible outcome.

In Dane County and the Madison area, criminal defense lawyers are known for aggressive advocacy and a proven track record of successfully defending clients against a wide range of charges. From misdemeanor offenses to complex felony cases, these attorneys understand the importance of early intervention, especially before your preliminary hearing or court date.

Understanding your rights, the charges against you, and the legal strategies available is the first step in mounting a strong defense. If you are in the Madison area or surrounding regions, it is important to seek counsel promptly to ensure your case is handled effectively and to fight for a similar outcome to that of past clients who have successfully defended their cases.

Contact a qualified criminal defense lawyer today to protect your future and navigate the challenges of criminal defense cases in Wisconsin.