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Cafferty & Scheidegger, S.C.
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Wisconsin Federal Crime Defense Lawyer

Looking for a Wisconsin Federal Criminal Defense attorney? Cafferty & Scheidegger, S.C. provides expert legal assistance for high level crimes

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Looking for a Federal Criminal Defense Lawyer?

Cafferty & Scheidegger, S.C., is a Racine and Kenosha, Wisconsin, law firm that provides efficient and effective defense to individuals who face charges for federal crimes including:

Our Wisconsin Federal Crime Defense Attorney

Patrick Cafferty has been selected to the Wisconsin Super Lawyers list every consecutive year since 2008 and holds an AV Preeminent rating from Martindale-Hubbell. Federal work rewards preparation, judgment, and timing. The earlier defense counsel is involved, the more room there is to influence charging, detention, discovery, cooperation decisions, and guideline exposure.

The Governing Federal Statutes

Federal criminal law is codified across multiple titles of the United States Code. The offenses most commonly charged in the Eastern District of Wisconsin fall under:

Federal practice differs from state practice in ways that matter to the outcome. The Speedy Trial Act sets a 70-day clock, the U.S. Sentencing Guidelines produce an advisory sentencing range the court considers alongside the § 3553(a) factors, and the grand jury process at charging gives the defense limited visibility. An experienced federal criminal defense attorney navigates those differences from day one.

Federal process

Where federal defense work changes the case

Federal criminal cases move differently than Racine, Kenosha, or Walworth state cases. A target letter, subpoena, search warrant, or agent interview can be the first sign that a grand jury investigation is already underway. Early defense work may affect whether a case is charged, how detention is handled, what discovery is preserved, and how sentencing exposure is calculated.

Investigation and charging

Federal cases often begin with grand jury subpoenas, search warrants, wire records, financial records, phone downloads, and agent interviews. Never make a statement to FBI, DEA, ATF, IRS-CI, HSI, or other federal agents without counsel.

Initial appearance and detention

Release or detention is governed by 18 U.S.C. § 3142. Certain drug, firearm, violence, and minor-victim cases can trigger a detention presumption that must be rebutted quickly.

Guidelines and sentencing

The U.S. Sentencing Guidelines are advisory, but they shape nearly every negotiation. Loss amount, drug weight, role, obstruction, acceptance, criminal history, restitution, and mandatory minimums must be calculated before plea decisions are made.

  • Do not accept an agent interview as "informal" or "off the record."
  • Preserve phones, emails, bank records, business records, medical records, and travel records before subpoenas or warrants create gaps.
  • Analyze detention, mandatory minimums, guideline range, forfeiture, restitution, firearm rights, immigration, and professional-license consequences together.
  • Coordinate related state charges, probation holds, or county cases so one case does not damage the other.
18 U.S.C. § 3142Federal release and detention 18 U.S.C. § 3161Speedy Trial Act time limits 18 U.S.C. § 3553Federal sentencing factors USSC GuidelinesCurrent Sentencing Guidelines manuals

Most criminal defense work happens in state court. Federal court has different rules, different deadlines, different discovery rhythms, and different sentencing math. A case can become federal because it involves federal agencies, interstate activity, federal benefits programs, banks, firearms, immigration, postal or wire communications, tax records, large drug quantities, or a multi-county investigation.

If you are facing federal charges, retain experienced federal criminal defense counsel immediately. The timing of the first statement, first detention hearing, first proffer, and first guideline calculation can shape the rest of the case.

Why Hire Cafferty & Scheidegger?

Pat and the entire staff at Cafferty & Scheidegger, S.C., take the time to understand the individual circumstances of each client so they can accomplish the best result. Our regular office hours are Monday through Friday from 8 a.m. to 5 p.m. with evening and weekend appointments available. You are welcome to call or text us 24 hours a day at 262-632-5000. We will travel to see you, if necessary. Contact us online or by calling 262-632-5000 to speak with a lawyer.

Frequently Asked Questions

What is the difference between state and federal criminal charges in Wisconsin?
Federal cases carry no parole, the 85% time-served rule applies under 18 U.S.C. § 3624(b), the U.S. Sentencing Guidelines drive offense level (with the § 3553(a) factors as a sentencing-court check), the grand jury process limits pre-indictment discovery, and the Speedy Trial Act sets a 70-day clock under 18 U.S.C. § 3161. Wisconsin state cases follow a bifurcated initial-confinement plus extended-supervision structure under § 973.01 and rely on a probable-cause complaint rather than a grand jury.
How long do you go to federal prison for federal crimes?
Maximums vary by statute. Wire fraud and mail fraud carry up to 20 years per count (30 if a financial institution is affected). Healthcare fraud under 18 U.S.C. § 1347 is up to 10 years (20 with serious bodily injury, life with death). Money laundering under 18 U.S.C. § 1956 is up to 20 years. Federal drug offenses under 21 U.S.C. § 841 carry mandatory minimums based on drug type and quantity. Actual sentences are driven by USSG calculations, not the statutory maximum.
Is there parole in federal prison?
No. Federal parole was abolished by the Sentencing Reform Act of 1984 for offenses committed after November 1, 1987. Federal inmates serve their full sentence less up to 15% good-time credit under 18 U.S.C. § 3624(b), commonly called the 85% rule. There is no early release through parole the way state prisoners receive in many jurisdictions. The First Step Act provides limited additional credits for some non-violent offenders.
What are the U.S. Sentencing Guidelines?
The U.S. Sentencing Guidelines (USSG) produce an advisory sentencing range based on offense level (driven by loss amount, drug quantity, role, victim impact, and other factors) and criminal history category (I through VI). Under United States v. Booker, the guidelines are advisory; the sentencing court considers them alongside the 18 U.S.C. § 3553(a) factors. In practice they remain the most important determinant of federal sentences.
What is the federal Safety Valve?
The Safety Valve under 18 U.S.C. § 3553(f) allows certain non-violent drug defendants to be sentenced below the otherwise-mandatory minimum if they meet five criteria: limited criminal history, no violence or weapons, not an organizer or leader, no death or serious bodily injury caused, and full truthful disclosure to the government. The First Step Act expanded eligibility somewhat, but it remains drug-offense specific.
What does the government have to prove for federal conspiracy?
Federal conspiracy under 18 U.S.C. § 371 (general) or 21 U.S.C. § 846 (drug conspiracy) requires proof of an agreement between two or more persons to commit a federal offense and knowing voluntary participation in that agreement. For § 371 the government must also prove an overt act in furtherance; for drug conspiracies under § 846 no overt act is required. Mere presence at the scene or association with conspirators is not enough.
Can federal charges be reduced through cooperation?
Often yes. Federal sentencing under USSG § 5K1.1 allows the government to file a substantial-assistance motion that lets the court depart below the guideline range. Rule 35(b) allows post-sentence reductions for continuing cooperation. Cooperation is high-stakes and high-risk; proffer agreements and queen-for-a-day protections must be negotiated carefully through experienced federal counsel before any disclosure to the government.
Should I talk to FBI or other federal agents if they want to interview me?
Not without a federal defense lawyer present. Statements to federal agents can themselves be charged under 18 U.S.C. § 1001 (false statements, up to 5 years per count) even when no other charge ultimately results. Federal investigations frequently begin with what feels like a casual interview; the right answer is to politely decline and call experienced federal counsel before any contact with federal law enforcement.
How long does a federal conviction stay on your record?
Permanently. Federal felony convictions are not expungeable in the way some state convictions are; presidential pardon is the only route to removal. The conviction surfaces on every background check for life, costs federal firearm rights under 18 U.S.C. § 922(g)(1), bars federal employment, triggers professional licensing discipline, and is treated as an aggravated felony for immigration purposes for many offenses.
Can a federal indictment be dismissed before trial?
Sometimes. Pre-trial motions can challenge the indictment for failure to state a federal offense, suppress evidence obtained through unlawful searches or improper grand jury subpoenas, sever counts or codefendants, dismiss for selective or vindictive prosecution, or assert statute-of-limitations defenses. Pre-indictment defense work occasionally persuades the U.S. Attorney to decline prosecution, especially when intent evidence is weak.
Why does federal court require a federal defense attorney?
Most criminal trials happen in state court, so most criminal defense attorneys do not regularly practice in federal court. Federal practice has different rules of procedure, different evidentiary standards, the Sentencing Guidelines, the grand jury process, the Speedy Trial Act, and a different culture of plea bargaining. An attorney without recent federal experience faces a steep learning curve at the worst possible moment.
How much does a federal criminal defense lawyer cost in Wisconsin?
Generally flat-fee for charging and pre-trial work, with trial fees scoped separately given document and witness volume in federal cases. The range tracks discovery size (often terabytes), codefendant complexity, anticipated motion practice, forensic needs (accounting, digital, medical), and whether the case sets for trial. Free initial consultation produces a scoped quote against the actual indictment or investigation.

Why Choose Cafferty

Free Consultation

From our offices in Racine and Kenosha Wisconsin, the criminal defense lawyers at Cafferty & Scheidegger defend the rights of people charged with state and federal criminal offenses throughout Southeastern Wisconsin (Racine, Kenosha, Walworth). If you or a loved one is charged with a crime, contact us today to arrange a free initial consultation with an experienced Racine criminal defense attorney right away. For urgent matters, you are welcome to call or text us 24 hours a day at (262) 632-5000.

We Defend You

The attorneys at Cafferty & Scheidegger have excellent knowledge of the state and federal court system throughout Southeastern Wisconsin. They are aggressive trial lawyers that are recognized for integrity and hard work. Our law firm’s strength lies in our exceptional pre-trial investigation and case preparation. We come to the prosecutor’s office prepared with the facts and ready to help you get the best possible outcome for your charges. Our priority is always to keep you out of jail and avoid a conviction on your record, whenever possible.

Proven Experience

The dedication of the team at Cafferty & Scheidegger to client service and their record of success has earned them listings as Wisconsin Super Lawyer® from 2008 - 2026. In addition, their reputation for high standards has earned them an AV Distinguished rating by Martindale-Hubbell. Cafferty & Scheidegger is backed by more than 32 years of trial skills and courtroom experience.

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