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Reference Guide

How Much Does a Criminal Defense Lawyer Cost in Wisconsin?

Flat fees, hourly rates and retainers explained: what sets the price of a Wisconsin criminal defense lawyer and what a free consultation should tell you.

Start your case review Call (262) 632-5000

Why nobody publishes a price list, and what you can know anyway

Criminal defense fees are not secret, but they are not a menu either, because the same charge can be a two-hearing case or a two-week trial. What a lawyer can tell you at a free consultation, and should, is how the fee will be structured and what will move it. That is what this page covers. It does not quote dollar figures, because a number that fits one case misleads the next; it tells you how to get the right number for yours in one phone call.

What sets the fee

  1. The class of the charge. A municipal ordinance citation, a Class B misdemeanor, a Class H felony and a Class B homicide are different amounts of work with different stakes. Read misdemeanor vs. felony in Wisconsin to place your charge.
  2. How the case is likely to be fought. A case that will be resolved at a pretrial conference costs less than one that needs a preliminary hearing, a suppression motion and an evidentiary hearing, which costs less than a jury trial. Most flat-fee agreements are staged for exactly this reason.
  3. Experts and investigation. Blood and breath test challenges, cell-phone and computer forensics, accident reconstruction, DNA review and independent investigators are costs, usually separate from the attorney fee, and usually the difference between a case that can be won and one that cannot.
  4. The court and the county. Federal cases in the Eastern District of Wisconsin cost more than state cases. Among Racine, Kenosha and Walworth counties the differences are smaller, though travel time is real: a Milwaukee lawyer’s fee for a Kenosha case includes I-94.
  5. Timing. A lawyer hired the day of the arrest can shape bond, preserve video, and sometimes head off a charge. A lawyer hired the week before trial is doing a harder job in less time.

Flat fee, hourly, retainer: the three structures

The rule behind every fee agreement

Wisconsin Supreme Court Rule 20:1.5 governs lawyer fees. A fee must be reasonable, judged by the time and skill required, the customary charge in the locality, the amount involved and results obtained, and the experience of the lawyer. When the total cost will exceed $1,000, the scope of the representation and the basis or rate of the fee must be communicated to the client in writing before or within a reasonable time after the representation begins. If a lawyer’s agreement does not say what the fee covers and what happens if the case ends early, ask for one that does.

  • Flat fee. One price for a defined stage. The most common structure for state criminal cases in southeastern Wisconsin, and the one we use for almost all of ours. You know the cost before you commit; the lawyer has no incentive to run the clock.
  • Hourly. Billed against time actually spent, usually with an advance deposit. More common in federal, white-collar and appellate work where the scope genuinely cannot be predicted.
  • Retainer or advanced fee. Money paid up front, held in trust, and earned as work is done. Unearned amounts are refundable. The word “retainer” is used loosely; what matters is whether the agreement says the money is earned on receipt or earned as work is performed.

When the public defender is the right answer

The Wisconsin State Public Defender represents people who meet the financial standards in § 977.07, and its trial lawyers in Racine and Kenosha appear in the same courtrooms we do. Our attorney Juan S. Ramirez spent five years there before joining the firm. If you qualify, apply at the State Public Defender as soon as you are charged; if you are told you do not qualify, or you are in the wide band of people who earn too much for the SPD and too little to feel comfortable hiring counsel, call us and ask about a payment plan.

The cost that is not on the fee agreement

The number to weigh a legal fee against is not zero. It is the cost of the outcome the fee is meant to change: a conviction on Wisconsin Circuit Court Access for 20 or 50 years, an OWI revocation and insurance surcharge for three years, a domestic-abuse modifier that ends firearm rights for life, a felony that closes a professional license or an immigration path. Read how long a charge stays on your record and a criminal charge and your professional license with that arithmetic in mind.

Get the number

A free case review at (262) 632-5000, answered 24 hours a day in English and Spanish, ends with a quoted fee for your case, in writing. Our offices are at 840 Lake Avenue in Racine and 7001 30th Avenue in Kenosha.

Questions people actually ask

How much does a criminal defense lawyer cost in Wisconsin?
Most Wisconsin criminal defense lawyers, including Cafferty, Scheidegger & Johnson, S.C., charge a flat fee for a defined stage of the case rather than an hourly rate, and the fee is set by four things: the class of the charge (a municipal citation, a misdemeanor, a Class H felony and a homicide are different jobs), whether the case is likely to need motion hearings or a trial, whether experts are needed (blood-test analysts, digital forensics, accident reconstruction), and the court it is in. A first-offense OWI or a single misdemeanor sits at the low end; a felony with a preliminary hearing, suppression litigation and a jury trial sits at the high end, often several times more. Wisconsin Supreme Court Rule 20:1.5 requires the fee and its basis to be communicated in writing when the total is more than $1,000, so you should leave the consultation with a number. Ours is free: (262) 632-5000.
Is a flat fee or an hourly rate better for a criminal case?
For most people, a flat fee. You know the cost before you commit, the lawyer has no incentive to run the clock, and a case that takes longer than expected does not become a second bill. Flat fees are usually staged: one amount through the pretrial phase, a separate quoted amount if the case goes to trial, and sometimes a separate amount for an appeal. Ask what the fee covers, what triggers the next stage, and whether costs like expert witnesses, transcripts and investigators are included or billed separately. Hourly billing is more common in complex federal or white-collar matters where the amount of work genuinely cannot be predicted.
What is a retainer, and is it refundable?
A retainer is money paid up front. Whether any of it comes back depends on the fee agreement. An advanced fee is held in trust and earned as work is done, so unearned amounts are refundable if the representation ends early. A flat fee is earned when the agreed work is performed and is generally not refunded once that work is done, though Wisconsin Supreme Court Rule 20:1.5 still requires that any fee be reasonable and that unearned portions be returned. Read the agreement: it should say which kind of payment you are making and what happens if you change lawyers.
Do I qualify for a public defender in Wisconsin?
Possibly. The Wisconsin State Public Defender (wispd.gov) represents people charged with crimes who meet the financial eligibility standards in Wis. Stat. § 977.07, which look at income, assets and household size, and the court can also appoint counsel at county expense in some circumstances. Many working people in Racine and Kenosha earn too much to qualify and too little to feel comfortable hiring a lawyer. Ask about payment plans; ask whether a family member can pay; and remember that the cost of a conviction, in lost work, license consequences and a permanent record, is usually much larger than the fee to fight it.
Does the free consultation cost anything, and what should I learn from it?
Nothing, and it is not a sales call. In a free case review at Cafferty, Scheidegger & Johnson we read the complaint or citation with you, identify the class of each count and the maximum exposure, tell you what the next court date will decide, and quote a flat fee for the stage of the case in front of you. You should leave any consultation, with us or anyone else, knowing three things: what you are actually charged with, what the lawyer intends to do first, and what it costs. If a lawyer will not name a number, keep looking.
Are payment plans available for criminal defense fees?
Often, yes. Because the first weeks of a case are when the most important decisions are made, most Racine and Kenosha defense firms would rather start work on a partial payment than have a client appear alone at the initial appearance. Ask directly. Also ask about what happens if you cannot complete the plan; the answer should be in the written fee agreement, not a surprise later.