Wisconsin Criminal Law Blog
Case updates, statute changes, and plain-English guides to Wisconsin criminal defense, written by the attorneys who handle these matters every week in Racine, Kenosha, and Walworth County courts.
Latest Wisconsin Marijuana Law in 2026: What Is Still a Crime
· 9 min read
Is marijuana legal in Wisconsin now? No. What the 2026 federal rescheduling did and did not do, what possession actually carries, and the border problem.
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Can the Police Legally Lie to You in Wisconsin? Yes. What That Means Inside an Interview Room
· 11 min
Wisconsin police may lawfully lie during an interrogation. What Miranda does not cover, how to invoke counsel so it actually counts, and who gets recorded.
Charged With a Crime in Wisconsin? What It Actually Does to Your Professional License
· 13 min
How a Wisconsin criminal charge affects a DSPS credential: the substantially-related test, the 48-hour report duty, predetermination, and what expungement fixes.
Probable Reasons for Police to Pull You Over
· 5 min
Police need a lawful reason to stop your car. If the stop was not justified, what came after it may be challenged. Common reasons, and where they fail.
Arrested on a Domestic Charge in Wisconsin? The First 72 Hours, Your Kids, and Who Actually Controls the Case
· 16 min
Wisconsin's 72-hour no-contact rule, why the alleged victim cannot drop the charges, and what a domestic case does to custody and firearm rights.
What Actually Changes When a Wisconsin Charge Is a Class A or Class B Felony
· 12 min
Wisconsin grades felonies A through I. What changes at the top two tiers: mandatory life, a 60-year maximum, no expungement, and how the defense work differs.
Racine Criminal Defense Lawyer - Racine County, WI
· 4 min
Charged with a crime in Racine County? What happens at your first court date, what you are facing, and how to get help. Free, confidential consult.
ICE Detainers in Wisconsin Jails: What a 48-Hour Hold Actually Means
· 10 min
An ICE detainer holds you up to 48 hours after your case ends, and weekends and holidays do not count. What it is, where it applies locally, what to do.
"Released Without Bail" Does Not Mean What You Think It Means
· 7 min
A signature bond is still a bond. Breaking one condition is bail jumping: a Class A misdemeanor or a Class H felony, and the counts stack. Wisconsin bail law.
New 2026 Wisconsin IID Laws: Faster Licenses, But Harder Penalties for Violations
· 10 min
Wisconsin Act 210 (signed April 8 2026) overhauls IID rules: kills the 30/45-day occ-license waits, adds 180-day extensions and a new §343.302 misdemeanor.
Drive Sober or Get Pulled Over 2026: The Labor Day Enforcement Window
· 6 min
Drive Sober or Get Pulled Over 2026 runs Aug. 19 to Sept. 7. What Labor Day OWI saturation patrols mean in Racine, Kenosha, and Walworth counties.
How Does Wisconsin Rank for Drunk Driving?
· 5 min
A record 1,313 people entered Wisconsin prisons for OWI in 2023, and 2,750 were still incarcerated for it in December 2025. What the numbers actually mean.
Racine county criminal cases, by the numbers
· 2 min
The end of the year is always a great time to look back at the past year and take the time to reflect.
Domestic Abusers and Gun Rights: Voisine, Rahimi, and Wisconsin Practice
· 5 min
Voisine (2016) and U.S. v. Rahimi (2024) both upheld federal gun bans tied to domestic violence. What that means for Wisconsin firearm-surrender practice.
To Charge or Not to Charge? Possession of Marijuana in Racine County, Wisconsin
· 2 min
Possession of marijuana carries the penalty of a criminal conviction, fines of up to a $1,000, 6 months jail, and 5yr revocation of driver’s license.
Wisconsin Cell Phone Driving Laws: What's Actually Illegal in 2026
· 6 min
Wisconsin's real cell-phone-driving rules under § 346.89: the statewide texting ban, the work-zone phone ban, and why the 2026 hands-free bill died.
Wisconsin Gun Crimes and Laws After Bruen and Rahimi
· 7 min
How NYSRPA v. Bruen (2022) and U.S. v. Rahimi (2024) reshaped Wisconsin gun-charge defense: felon-in-possession under § 941.29, and the current CCW rules.
When Can Wisconsin Police View Your Snapchat or Phone Content Without a Warrant?
· 11 min
State v. Gasper (2026 WI 3): the Wisconsin Supreme Court says an automated Snapchat scan can let police view flagged content without a warrant. What it means.
It's 4/20. Wisconsin Is Still Surrounded. Here's What That Means in 2026.
· 7 min
Illinois, Michigan, and Minnesota legalized adult-use marijuana. Wisconsin has not. A 4/20 update on the law, arrest counts, and cross-border traps.
Can You Refuse the New Roadside Saliva Test in Racine? What Every Driver Needs to Know
· 12 min
Wisconsin Act 99 authorizes oral-fluid roadside screening. Refusing the preliminary swab is different from refusing a post-arrest implied-consent test.
Criminal Convictions and Immigration Consequences
· 4 min
In addition to the usual concerns that a person may have when they are charged with a crime, many people fail to realize the impact that a conviction may.
The Civil Consequences of a Criminal Conviction - Part 1 (Employment)
· 4 min
Often when a person is charged with a crime they are filled with anxiety and concern about what is going to happen in the near term, civil consequences also.
The Civil Consequences of a Criminal Conviction - Part 2 Collateral Consequences
· 3 min
Beyond the courtroom: how a Wisconsin criminal conviction reshapes housing, professional licensing, immigration status, and access to public benefits.
Wisconsin Expungement Series Part II Arrest Records
· 3 min
Wisconsin Expungement Series Part Two - Arrest Records In our last blog post on Wisconsin Expungement we explained the general concept, and the process one.
Boating Under The Influence? Know the Risks
· 3 min
You have no doubt heard many public awareness appeals about the dangers of drinking and driving and the harsh penalties you could face if arrested for DUI /.
Spring Break, Drug Charges, and Student Consequences
· 1 min
A Wisconsin drug charge still affects college discipline, housing, scholarships, internships, and immigration even after FAFSA dropped its drug penalty.
All About IIDs - What if you have a Tesla?
· 6 min
Wisconsin requires an ignition interlock after some OWI convictions, and EVs complicate installation. What Tesla, Rivian, and Lucid owners need to know.
Consequences of Underage Drinking in WI
· 4 min
Quite often people assume that underage drinking is not a major offense and as such there is no need to hire a lawyer.
Disorderly conduct, criminal or ordinance violation in Wisconsin?
· 4 min
Whether your disorderly conduct case is charged as a crime under § 947.01 or as a city ordinance decides if you end up with a record. Here is how to tell.
Wisconsin Criminal Defense FAQ
· 1 min
20 answers to the most common Wisconsin criminal defense questions: arrests, OWI, bail, expungement, domestic violence, gun rights.
Juvenile Justice
· 5 min
The Juvenile Justice Reform Act includes policy recommendations that are aimed at reducing the number of youth being incarcerated.
Second Chance Employment at Dave's Killer Bread, and What Wisconsin Law Says About Hiring People With a Record
· 7 min
Dave's Killer Bread built a brand on hiring people with records. What Wisconsin Fair Employment, expungement, and Fair Chance laws really do for re-entry.
The Christmas Conflict: Navigating Domestic Abuse Charges in Wisconsin
· 3 min
Holiday domestic abuse arrests in Wisconsin trigger mandatory arrest under § 968.075 and a 72-hour no-contact order. What to expect and how to fight back.
Wisconsin Criminal Defense Lawyer
· 4 min
Speak to a Wisconsin criminal defense lawyer at Cafferty, Scheidegger & Johnson, S.C. to learn more about your best defense against the charges you are facing.
Best of Racine: Five-Time Journal Times Reader's Choice Winner (2020-2025)
· 4 min
Cafferty, Scheidegger & Johnson, voted Best of Racine five times by Journal Times readers: Patrick Cafferty 2020, the firm in 2021, 2022, 2023, and 2025.
Mark Jensen Retrial: Vacated Conviction, 2023 Verdict, and Second Life Sentence
· 4 min
Mark Jensen retrial timeline: 2008 first conviction, 2021 Wisconsin Supreme Court reversal over the 'letter from the grave', 2023 second life sentence.
Patrick Cafferty on TMJ4: Overturned Conviction Could Open Door for Other Defendants
· 3 min
Patrick Cafferty on TMJ4 Lighthouse: a Racine murder conviction was vacated after the jury was never told of credibility problems with the lead detective.
4th Of July 2020 - The year you want to avoid an OWI.
· 2 min
2020 has been a difficult year for all of us. We know, we all need a reason to relax and celebrate this year.
4th of July 2021 - Without Driving Intoxicated
· 3 min
4t of July almost always includes alcohol. In order to avoid driving intoxicated, smart decisions should be made prior to consuming alcohol.
4th Of July - Don’t Go Out With A (OWI) Kaboom!
· 3 min
Suffice it to say celebrations across Wisconsin will include alcohol. OWI is a serious problem and holidays like the Fourth of July
5 Ways to Avoid an OWI on St. Patrick’s Day
· 4 min
Our OWI lawyers share safety tips to help you avoid getting charged with an OWI, or worse, getting injured or killed in a drunk driving crash
OWI vs. DUI - What’s the Difference?
· 4 min
OWI vs. DUI in Wisconsin: the state uses OWI (operating while intoxicated). The distinction shapes license penalties and prior-conviction lookback.
Speeding - What's Your Hurry?
· 3 min
Speeding is the most ticketed traffic offense in Wisconsin. ‘unreasonable & imprudent speed’ too fast for conditions is related
Thanksgiving Is A Terrible Time For A OWI (DUI / DWI)
· 4 min
Thanksgiving is a Terrible Time for an OWI Many people’s celebrations include turkey and a few alcoholic drinks.
Traffic Tickets & Costs in Wisconsin & Habitual Traffic Offender Law
· 5 min
Wisconsin's habitual traffic offender law: 4 major or 12 minor convictions in 5 years triggers a 5-year revocation. Fight the ticket before it stacks up.
Patrick Cafferty - Expert Legal Analyst
· 9 min
Tune into TMJ4 10 PM news tonight, and every weekday morning for an update from Patrick Cafferty on Live at Daybreak throughout the trial.
A Thanksgiving Full of Gratitude for Our Racine Community
· 4 min
As Thanksgiving approaches, we at Cafferty, Scheidegger & Johnson are taking time to reflect on what we are truly thankful for.
Voted Best of Racine 2025!
· 3 min
Cafferty, Scheidegger & Johnson voted Best of Racine 2025 by Journal Times readers. The firm's fifth Best of Racine win and continued vote of community trust.
Different Types of Attorneys
· 4 min
You find yourself needing legal advice. How do you know what kind of attorney to call? Here’s a shortlist of attorneys and what they do.
Fighting for Veterans in the Criminal Justice System
· 6 min
Wisconsin veterans facing criminal charges have unique defenses: PTSD mitigation, veterans treatment courts, and VA-informed sentencing in Racine and Kenosha.
Thanksgiving Turkey: Keep the Focus on Your Feast
· 6 min
Thanksgiving is a time to celebrate with family and friends, but it can also be a time when crime rates increase.
Attorney Carl Johnson secures critical dismissal
· 4 min
“The state alleges he made the threat because he lost his federal lawsuit, which was untrue.” - Attorney Carl Johnson
Dismissal of Charges for Carthage College Student
· 4 min
How we secured the dismissal of criminal charges against a Carthage College student, and how precise pretrial work changes outcomes in Kenosha.
Kenosha Teen Jail Release: Home for Thanksgiving
· 3 min
Martel Lee, the Kenosha teen whose sexual assault conviction was set aside by a judge last week, was released from jail Tuesday morning, pending a possible.
Racine Man Sentenced to Probation for Shooting Mother’s Ex-Boyfriend
· 4 min
RACINE, WI, A Racine man who shot his mother’s ex-boyfriend, claiming he was protecting her, has been sentenced to five years of probation.
Welcome Attorney Ramirez
· 3 min
We welcome Juan S. Ramirez, a bilingual Wisconsin criminal defense attorney serving clients across Racine, Kenosha, and Walworth counties.
HoHoHo🎅 from Cafferty, Scheidegger & Johnson
· 4 min
As 2023 comes to an end, we want to thank all of our clients, friends, and colleagues for a wonderful year. Happy holidays from our firm.
What is Attorney-Client Privilege and How Does It Work? -
· 3 min
What is Attorney-Client Privilege and How Does It Work in Kenosha, Racine and Walworth criminal legal cases?
Happy Holidays 2022
· 3 min
For the 3rd yr, we have won Best of Racine. It’s thanks to our clients who put their trust in us during the most difficult time of their life
Wisconsin Weed Legalization?
· 3 min
Proponents of legalizing medical marijuana in Wisconsin made their case at a public hearing last month. Unintentionally but appropriately on 4/20.
Happy Saint Patrick's Day!
· 4 min
as Wisconsinites, we celebrate Saint Patrick's day mostly as an excuse to drink. Green beer and Irish whiskey are common at the pub crawl.
2021 - a brief lookback
· 4 min
Voted Best Law Office of Racine County for the 2nd year in a row. We earned places in the Best Lawyers in America®2012-2021
Case Dismissed?
· 4 min
Case Dismissed? The best criminal case is a dismissed one. Our own Carl Johnson recently secured a significant case dismissal.
Attorney Patrick Cafferty on WTTW PBS Chicago tonight
· 2 min
Attorney Cafferty appeared on WTTW PBS Chicago tonight to discuss the Kyle Rittenhouse trial as the Jury finishes day one deliberations
The Police & Prosecutors 💖 Social Media
· 4 min
Social media platforms such as the Big 3 (Facebook, Twitter, & Instagram) will cooperate with law enforcement on investigations
Wisconsin's Relationship with Alcohol
· 3 min
Drinking to excess is heavily ingrained in Wi culture. Attending a birthday party with an open bar, pub crawls, weddings, etc
Journal Times - Best of Racine County 2021
· 2 min
Voting is open for 2021! Nominate Cafferty, Scheidegger & Johnson for the Journal Times Best of Racine County 2021 and help us get into the finals
You made it through a Pandemic, stay safe on Memorial Day.
· 4 min
You made it through a Pandemic, stay safe this Memorial Day. If you do get a ticket or OWI charge, call the team at Cafferty, Scheidegger & Johnson
Not guilty: Former Mayor of Racine at Jury Trial
· 2 min
Cafferty, Scheidegger & Johnson client the Former Mayor of Racine, WI John Dickert, found not guilty at jury trial. Represented by Patrick K. Cafferty
"I'm not a Cat" - Funny, but what if you were facing a serious charge? -
· 3 min
If you are facing serious charges Contact Cafferty, Scheidegger & Johnson. *But* It's 2021... and even the most serious firm around found this funny!
Wisconsin SB 135 Permanently revokes driving privilege
· 2 min
SB 135 Person convicted of 4 or more Operating While Intoxicated (OWI) shall face a lifetime revocation of their driving privileges
INFOGRAPHIC - Criminal Defense and Social Media
· 2 min
How social media posts, DMs, and metadata become evidence in Wisconsin criminal cases. Visual guide to the police-and-prosecutor digital playbook.
Jacob Blake
· 2 min
Today was the initial court appearance for Jacob Blake related to the charges filed against him for a domestic incident on May 3, 2020.
Support for Sentencing Reform Appears to be Growing
· 3 min
An epidemic of heroin use in Wisconsin and around the country is prompting changes in the way the criminal justice system deals with drug users.
Why You Should Never Talk to the Police
· 5 min
Many people see no problem in talking to the police about a crime case, particularly when they have done nothing wrong.
Accused of A White Collar Crime? What You Need to Know
· 2 min
Accused of a white collar crime? An experienced Racine defense attorney can help reduce or drop the charges. Here is what to do first.
Types of White Collar Crimes
· 2 min
What are the various types of white collar crimes? Let an experienced Racine defense attorney advise you. Free consultations are available.
What Is White Collar Crime
· 2 min
Do you know what a white collar crime is? Our Racine defense attorneys explain the types of white collar crime. Call for a free consultation.
End of the Year Blog Post: 2017 in review
· 2 min
In keeping with the tradition of the past few years, we are ending the year with a blog post reflecting on the previous year.
Jail for Racine Juveniles? Held based on Risk Assessment tool like Milwaukee, Waukesha, and Rock.
· 3 min
Under Wisconsin law, juveniles between the ages of 10-16 are subject to the jurisdiction of juvenile court when they commit a crime.
Kenosha News report on Attorney Cafferty Dismissal
· 2 min
Kenosha News covers Patrick Cafferty securing the dismissal of charges in a high-profile Wisconsin criminal case. Cafferty, Scheidegger & Johnson defense work.
Next Generation Smartphones in Drug Dealing.
· 2 min
Encrypted smartphones, burner apps, and ephemeral messaging are reshaping Wisconsin drug-conspiracy cases. How prosecutors and defense lawyers respond.
Police May Use Evidence Found After Illegal Stops
· 2 min
In a recent 5-to-3 decision, the Supreme Court ruled that evidence found by police officers following an illegal stop may be used in court if the officers.
Posting on Social Media? The Police See You
· 3 min
Posting on social media after a Wisconsin arrest? Police, prosecutors, and judges read every post. How DMs, photos, and check-ins become trial evidence.
The Fourth Amendment isn’t Dead
· 3 min
The Fourth Amendment provides “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and.
The New Year is a time for reflection
· 2 min
Happy New Year! As we start 2019, it’s important to look at years past and learn from how we have made a difference.
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