Wisconsin Criminal Defense FAQ

"The man who represents himself has a fool for a client" is an adage with a solid basis in truth. Criminal law is a highly specialized area, and even attorneys do not typically represent themselves when charged with any crime. The best thing to do if you are facing criminal charges is to retain an experienced criminal defense lawyer with a proven record of success. Bear in mind that you have a lot at stake when you are charged with a crime. Working with an attorney who knows the court system and has handled cases like yours in the past could increase your chances for the best resolution.

Yes, it is possible to be charged and convicted of a crime for drugs that were not found on your person. Under the "doctrine of constructive possession" (as opposed to actual possession), an individual who knew where drugs were located and had the intention of exerting physical control over them in the future (such as smoking, consuming or transporting them) may be charged with a drug crime. It is up to the prosecution to prove that the knowledge and intention existed, and up to your defense lawyer to dispute aggressively any false allegations.

Whether you are being investigated in a criminal case or have already been arrested and charged, it is important to remember these two basic rights: the right to remain silent and the right to an attorney. Politely inform the police that you would like to have an attorney present during any discussion, and then consult with a knowledgeable criminal defense lawyer as soon as possible. If you are a suspect or are facing criminal charges, law enforcement is not your friend, and anything you say to them can and will be used against you.

The answer is absolutely not. Depending on the crime, a misdemeanor could carry heavy penalties, including jail time. A criminal record could have a negative impact on your future prospects for employment, housing, education and relationships. Whether you are charged with a misdemeanor or a felony, it is important to retain an experienced criminal defense lawyer to protect your rights.

That depends on the circumstances. Police do not have to read you your Miranda rights if you are not in custody and they do not interrogate or question you. However, the law does require police officers to inform you of your Miranda rights before questioning or interrogation begins if you are in custody. Failure to do so would be a violation by the police of your constitutional rights. It would give your attorney cause to file a motion to suppress evidence with the court. If the motion was granted, any statement or confession you made after your arrest could be inadmissible in court and invalid as evidence against you.

Conversations about a case between a client and lawyer are protected under attorney-client privilege. That means that anything you tell attorney Patrick Cafferty will be confidential. You can feel free to speak openly about the circumstances of your case, both during your free consultation and when you retain our firm to represent you.

Plea bargains are often negotiated between the prosecuting attorney and the defense lawyer. Depending on the facts and evidence in your case, the prosecutor may offer you the option of pleading guilty to a lesser charge with a lighter sentence. That way, you would avoid a trial and the possibility of conviction of the original charge. If the prosecution offers a plea bargain, your attorney can advise you and discuss your options, based on the strength of the case, your wishes and other factors.

That depends on the crimes involved and how long ago they occurred. Prior convictions are a significant factor in Wisconsin OWI cases. Second, third or fourth OWI convictions carry mandatory jail time, and a fifth arrest is filed as a felony. A prior conviction for possession of certain controlled substances can cause a second and any subsequent offense to be charged as a felony and carry penalties that are more severe.

We offer a free consultation to prospective clients. As fees vary from case to case, we can discuss our fee arrangement for your particular case at that initial meeting. Many criminal charges carry heavy fines in addition to other penalties such as prison time. A criminal record can have a negative impact on future employment and income and the ability to retain a professional license. Attorney Patrick Cafferty has been practicing criminal defense since 1994 and has a history of success for his clients. Retaining our firm to represent you may be the most cost-effective decision you could make.

Bring any documents you have received relating to your arrest and criminal charges. Write down any questions you need to ask your attorney and bring them along, too. Try to have the sequence of events and facts of your case clear in your mind, and make sure to share all relevant information. The consultation will be covered by attorney-client privilege, and the more Attorney Cafferty knows about your situation, the better he can advise and represent you.

If you are arrested, invoke two rights before you do anything else: the right to remain silent and the right to an attorney. Tell officers clearly that you are exercising both rights, then stop talking about your case (even casual conversation in a squad car, holding cell, or jail phone call can be recorded and used against you). Contact our firm as soon as possible so an attorney can appear with you at the initial appearance and begin shaping your defense from the earliest stage, when it matters most. We answer the phone 24/7 at (262) 632-5000 because the hours immediately after an arrest are when the most damaging mistakes are made.

There is no universal answer. A misdemeanor resolved through a negotiated plea may conclude in a few months, while a felony that goes to jury trial can take a year or more. The Racine, Kenosha, and Walworth County circuit courts each have their own scheduling tendencies, and the complexity of the evidence, the availability of witnesses, and the volume of motions filed all affect the pace. In our experience, rushing a case is rarely in a client's interest; deliberate pacing often creates opportunities for dismissals, reductions, or favorable plea terms that pressure would not produce. Schedule a free consultation and we can give you a realistic timeline based on your specific charge and county.

Under Wisconsin Statute Wis. Stat. § 939.60, a felony is any crime punishable by confinement in state prison, while a misdemeanor is punishable only by a fine or county jail time. Felonies carry far more serious lifelong consequences, including loss of firearm rights, loss of voting rights while incarcerated, and significant barriers to employment, professional licensing, and housing. Some charges that appear minor (such as a fourth-offense OWI or certain drug possession charges with a prior conviction) are felonies in Wisconsin even when they would be misdemeanors elsewhere. Understanding exactly what class of crime you are facing is the first step in understanding what is at stake.

Yes, charges can be dropped or dismissed, but it almost never happens on its own. A skilled criminal defense lawyer can file motions to suppress evidence obtained through an unlawful search, arrest, or interrogation; challenge the sufficiency of the State's evidence at a preliminary hearing; or negotiate with the prosecutor based on weaknesses in their case. Attorney Patrick Cafferty has obtained outright dismissals, pretrial diversion, and reductions to non-criminal ordinance violations across hundreds of cases in southeastern Wisconsin. The sooner you retain counsel, the more angles remain available; waiting until after the preliminary hearing often forecloses options.

Your first court appearance is called the "initial appearance," and for most charges it happens within 48 to 72 hours of arrest. At that hearing, the judge will inform you of the charges, advise you of your rights, determine the amount and conditions of bail, and set the next court date (either a preliminary hearing for felonies or a status conference for misdemeanors). You are not expected to enter a plea or argue the facts of your case at this stage. Having an experienced attorney present matters: bail conditions set at the initial appearance, including no-contact orders and travel restrictions, can dramatically affect your life while the case is pending, and those conditions are much harder to modify later. If you have a court date coming up, contact us immediately.

Wisconsin is different from most states: we do not allow commercial bail bondsmen, meaning if the court sets a $5,000 cash bail, you or a family member must post the full $5,000, not a 10% premium to a bondsman. Alternatively, the judge may impose a "signature bond," in which you are released on your written promise to appear and no money changes hands unless you fail to return. Bail conditions almost always include more than money: common conditions include no contact with alleged victims, abstention from alcohol, and surrender of firearms. Violating any condition can result in your arrest, revocation of bail, and new charges, so it is critical to understand exactly what you have agreed to.

Wisconsin is the only state in the country where a first-offense OWI is treated as a non-criminal municipal ordinance violation rather than a crime, but the consequences are anything but minor. You can still face a driver's license revocation of 6 to 9 months, mandatory alcohol assessment, an ignition interlock device requirement, and total out-of-pocket costs often exceeding $10,000 once fines, surcharges, and insurance increases are counted. More importantly, a first OWI stays on your record forever and becomes the foundation for criminal penalties if you are ever charged again. Specific exceptions (a first OWI with a passenger under 16, or an OWI involving a minor under child endangerment statutes) are charged as criminal misdemeanors or felonies from the outset.

Wisconsin's expungement statute (Wis. Stat. § 973.015) is one of the most restrictive in the country. To be eligible, you must have been under 25 years old at the time of the offense, the crime must be a misdemeanor or Class H or I felony, the court must order expungement at the time of sentencing, and you must successfully complete all conditions of your sentence. If the sentencing judge did not grant expungement at sentencing, it cannot be added later. Because these rules are so narrow, the best expungement strategy is to secure the ruling from the sentencing judge the first time, something we advocate for aggressively in every eligible sentencing. For post-conviction options, see our appeals and post-conviction practice or contact our firm for a free case review.

A preliminary hearing is a mini-trial held in felony cases to determine whether the State has enough evidence for the case to proceed in circuit court. The standard is low (the prosecutor only has to show "probable cause" that a felony was committed and that you committed it) but the hearing is a valuable discovery opportunity for the defense and can occasionally result in charges being reduced or dismissed outright. You are required to attend unless the court specifically excuses you, and the hearing typically occurs within 10 to 20 days of the initial appearance. We rarely advise waiving the preliminary hearing without a strategic reason, because it is often the only pre-trial chance to cross-examine the State's witnesses under oath. Contact us before your preliminary hearing date.

Yes, and this is one of the most misunderstood consequences of a domestic violence case. In Wisconsin, "domestic abuse" under Wis. Stat. § 968.075 is not a standalone crime but a modifier attached to an underlying charge such as battery, disorderly conduct, or criminal damage to property. A conviction for any crime carrying the domestic abuse modifier triggers a lifetime federal firearm prohibition under 18 U.S.C. § 922(g)(9), regardless of whether the underlying charge was a misdemeanor or felony. Even a judge's temporary no-contact order at the initial appearance requires you to surrender your firearms. If you are a gun owner, talk to a firearms rights attorney as early in your case as possible: the stakes are significantly higher than they appear on the face of the charge.