Representative Outcomes, Anonymized
These are representative matters from our practice. Names are withheld; facts are described to the minimum extent needed to illustrate the defense work. Every case is different, and past results do not guarantee future outcomes. But they do illustrate how we approach matters that others would plead.
Homicide and serious felony
First-degree intentional homicide
Cafferty tried a murder case in Racine County Circuit Court where the State relied on a contested confession and a single cooperating witness. Motion to suppress the confession was briefed and heard pre-trial; a portion of the statement was excluded. At trial, cross-examination of the cooperator revealed undisclosed sentencing consideration. Jury acquitted after approximately two days of deliberation.
Drug-delivery first-degree reckless homicide, reduced to Class D
Overdose death case. The State initially charged § 940.02(2) drug-delivery first-degree reckless. Defense toxicology showed multiple substances in the decedent's system. Post-preliminary-hearing negotiation reduced the charge to § 940.06 second-degree reckless, dropping the exposure by half.
Homicide by intoxicated use of vehicle, § 940.09(2) defense prevailed
OWI-fatality case. Accident reconstruction demonstrated that the decedent crossed the center line. Defense engaged a reconstruction expert, developed the § 940.09(2) "would have occurred anyway" defense, and the case resolved with dismissal of the homicide count. A separate OWI with injury count was pled to a reduced felony with probation.
OWI and DUI
3rd-offense OWI → 2nd-offense misdemeanor
Kenosha County. Prior Illinois DUI conviction did not qualify under § 343.307 as a Wisconsin countable prior; we traced the Illinois statute and confirmed the element discrepancy. Third-offense charge reduced to second-offense misdemeanor.
1st-offense OWI with child passenger, § 346.65(2)(f) challenge
Racine County. The State sought the §(2)(f) elevation (passenger under 16). Defense argued the age-at-time-of-offense question was contested and the child's DOB could not be established by admissible evidence. Elevation was withdrawn; resolution was a standard first-offense civil forfeiture.
4th-offense OWI felony, probable-cause suppression
Walworth County. Pretextual stop for a lane-deviation issue. Dash-cam review showed the deviation was within statutory tolerance. Motion to suppress granted; BAC excluded; case dismissed.
CDL-OWI, federal disqualification avoided
Client held a HAZMAT CDL. First-offense OWI reduced to a non-qualifying wet-reckless alternative at plea. Three-year federal disqualification under 49 CFR § 383.51(b)(2) avoided; employment preserved.
Drug charges
Methamphetamine delivery, federal search warrant suppressed
Federal case, Eastern District of Wisconsin. Staleness and informant-basis challenges to the search warrant. Court granted suppression of the evidence obtained in execution; government dismissed the § 841 count.
Federal cocaine conspiracy, § 851 enhancer withdrawn
Client facing mandatory life with two prior drug-felony enhancers. Collateral-attack brief on one of the predicate convictions; government withdrew one of the § 851 notices. Sentencing exposure reduced from mandatory life to a substantially lower guidelines range.
PWID marijuana (2.5 lbs), reduced to simple possession
Racine County. Weight-threshold challenge combined with a constructive-possession defense involving multi-occupant vehicle. State agreed to amendment to simple possession; no felony conviction.
Weapons
Felon in possession § 922(g)(1)
Federal case. Defendant sincerely believed his rights had been restored after a state-level pardon. Successful Rehaif motion raised significant doubt on the knowledge-of-prohibited-status element. Case resolved with time-served plea to a lesser offense.
CCW under § 941.23, bench trial
Racine County. Defense argued the firearm was not concealed within the meaning of the statute given its partial visibility in the vehicle. Court agreed. Not guilty.
Theft and property crime
Armed robbery, reduced to theft from person
Walworth County. Weapon was a pellet gun that had been misidentified as a firearm in the initial report; forensic examination confirmed. Armed element struck; reduced charge; probation-eligible disposition.
Retail theft ($1,200 value), failed preliminary hearing
Kenosha County. Store-loss-prevention video did not capture the alleged concealment. State failed to establish the knowingly-take element at preliminary hearing. Dismissed.
Traffic defense (also see racineticket.com)
Reckless driving criminal charge, amended to civil forfeiture
Charge under § 346.62 amended to a § 346.89 inattentive-driving forfeiture. No criminal record; insurance impact minimized.
6-point speeding in CDL vehicle, disqualification avoided
Commercial vehicle, 20 mph over. Defense negotiated amendment to a non-serious-violation forfeiture. CDL unaffected.
Habitual traffic offender revocation, occupational license granted
Client revoked under § 351.02. Successful petition for a work-purposes occupational license; client retained employment.
About these numbers
Cafferty & Scheidegger has handled more than 50 homicide trials and hundreds of felony matters since 1994. Our aggregate Google review rating is 4.9 / 5 across 609 reviews. We are rated AV Preeminent by Martindale-Hubbell, and Patrick Cafferty has been named a Wisconsin Super Lawyer for 18 consecutive years (2008 to 2026).
If you want to discuss whether an outcome like one of these is realistic in your case, call or text (262) 632-5000 or request a free, confidential consultation.
Past results do not guarantee future outcomes. Every case presents different facts, law, and procedural posture. These summaries are illustrative only and should not be read as a promise of a particular result in any other matter.