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 federal 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.
How a criminal case moves through Wisconsin court
Wisconsin’s criminal procedure is its own animal, and the milestones do not always match what clients have seen on television. After arrest, you are entitled to an initial appearance in front of a court commissioner, typically within 48 hours, where bail is set and counsel is appointed if needed. For felony cases there is then a preliminary hearing within roughly 10 days of the initial appearance - the State must show probable cause that you committed the felony, or the case is dismissed. Misdemeanors skip that step. After bind-over, the case moves to arraignment, where the formal information is read and a plea entered. Then comes the long middle: status conferences, motion practice (motions to suppress evidence, motions to dismiss, motions in limine), plea negotiation, and trial preparation. Most cases resolve before trial; a smaller share go to a jury. The full clock from arrest to verdict is commonly nine months for a felony, three to six for a misdemeanor.
What is different about Wisconsin
A few features of Wisconsin law shape strategy in nearly every case we handle:
- OWI is criminal starting at the second offense. First-offense OWI is a civil ordinance forfeiture in most counties - but the lookback window is lifetime. A 1998 first OWI counts toward enhancement on a 2026 OWI. We read every prior carefully.
- No plea bargaining of OWI. § 967.055 bars prosecutors from amending an OWI charge to a non-OWI charge except in narrow circumstances. That changes the negotiation surface compared to other felonies and misdemeanors.
- Repeater enhancements. § 939.62 lets the State add additional prison exposure on most felonies if the defendant has prior convictions within a five-year window. Whether to challenge the enhancement notice early is a tactical decision that affects every plea offer.
- Expungement is narrow. § 973.015 allows expungement only for offenders under 25 at the time of the offense, only at the discretion of the sentencing judge, and only when expungement is ordered at sentencing. Wisconsin has no general post-sentence expungement remedy. If you are facing charges and you are under 25, this is a critical issue to raise at sentencing - not after.
- Marsy’s Law. Article I, Section 9m of the Wisconsin Constitution (ratified 2020) gave crime victims an expanded set of rights that intersect with our case strategy on discovery, plea negotiation, and sentencing.
Federal charges in Wisconsin
The Eastern District of Wisconsin covers Racine, Kenosha, Walworth, Milwaukee, and the surrounding counties. We regularly defend federal charges in the Milwaukee federal courthouse: drug conspiracy, federal firearms charges (felon-in-possession, straw purchases, ATF-related cases), wire and mail fraud, healthcare fraud, and tax matters. Federal cases run on different timelines and different sentencing rules - the U.S. Sentencing Guidelines, mandatory minimums, and the limited role of the judge in fixing the sentence. If your case involves a federal agency or a federal grand jury, your defense needs to be built around those mechanics from day one.