Wisconsin Criminal Defense Attorneys

At DearLegal, we connect you with experienced Wisconsin criminal defense attorneys who navigate the Class A-I felony framework, Deferred Prosecution Agreements (DPA), Truth-in-Sentencing, Wisconsin’s Operating While Intoxicated (OWI) laws, and the state’s nationally-recognized expungement framework. Whether your case is in Milwaukee, Madison (Dane), Green Bay (Brown), Kenosha, Racine, Waukesha, Appleton, or anywhere across Wisconsin’s 72 counties, we’ll match you with the right attorney — at no cost to get started.

No. Politely decline and ask for an attorney. Wisconsin State Patrol, DCI (Division of Criminal Investigation), Milwaukee PD, Madison PD, and local sheriffs use trained interrogation. Anything you say is admissible. Invoke your Fifth Amendment right to silence and Wis. Const. Art. I, § 8 right against self-incrimination.

Yes. Wisconsin Class A misdemeanors carry up to 9 months and $10,000 fine; Class B up to 90 days and $1,000. Deferred Prosecution Agreement (DPA, § 971.39, 971.40) — completion = dismissal — and expungement under § 973.015 (must be requested at sentencing) make early counsel critical. DV (§ 968.075) and OWI convictions trigger major collateral consequences.

State cases go through Wisconsin Circuit Court. Federal cases go to U.S. District Court for the Eastern (Milwaukee, Green Bay) or Western (Madison) District of Wisconsin under the U.S. Sentencing Guidelines. Federal cases commonly involve drug trafficking (I-94 corridor, Milwaukee), § 922(g) firearm cases, wire fraud, healthcare fraud, and federal program fraud.

Wisconsin plea agreements under Wis. Stat. § 971.08 are negotiated between the district attorney and defense. Pleas can include charge reductions, Deferred Prosecution Agreement (§ 971.39, 971.40 — completion = dismissal), drug court entry, mental health court entry, OWI court (Treatment Court), veterans court, and stipulated sentence recommendations within TIS framework.

Wisconsin expungement is uniquely narrow — § 973.015 requires the court to grant expungement at sentencing (not later) for defendants under age 25 with maximum sentence 6 years or less, on offenses not statutorily excluded (violent offenses, sex offenses, OWI, certain others excluded). The 2024 reforms expanded eligibility. Juvenile expungement under § 938.355(4m). If expungement was not ordered at sentencing for an eligible offense, it cannot be obtained later.

Wisconsin handles juveniles under 17 in Children’s Court under Wis. Stat. Ch. 938 (17-year-olds prosecuted as adults — Wisconsin is one of few states that have not raised the age to 18, though "Raise the Age" reform efforts continue). Juvenile records confidential. Expungement of juvenile records under § 938.355(4m). Transfer to adult court for 10+ for serious offenses under § 938.18; certain offenses for 10+ have automatic adult jurisdiction under § 938.183.

Wisconsin Operating While Intoxicated (OWI) under Wis. Stat. § 346.63: BAC .08+ adult, .02 under 21 (Not a Drop), .04 CDL. First OWI: non-criminal forfeiture (civil) $150-$300, license revocation 6-9 months — unless first OWI involved injury, child passenger, or BAC .15+ (which can be criminal). Second OWI within lifetime: Class A misdemeanor, mandatory 5 days jail. Third OWI: Class I felony, mandatory 45 days. Fourth and subsequent: Class H felony or higher. OWI-related Homicide (§ 940.09) Class D felony. Implied consent under § 343.305 — refusal triggers 1-year administrative license revocation. Wisconsin is one of only two states (with DC) where first OWI is non-criminal.

Why Do You Need a Criminal Defense Attorney in Wisconsin?

Wisconsin classifies crimes under Wis. Stat. Chapters 939-948. Felonies are Class A (life without parole), Class B (60 years), Class C (40 years and/or $100,000), Class D (25 years and/or $100,000), Class E (15 years and/or $50,000), Class F (12.5 years and/or $25,000), Class G (10 years and/or $25,000), Class H (6 years and/or $10,000), Class I (3.5 years and/or $10,000) under Wis. Stat. § 939.50. Misdemeanors are Class A (9 months, $10,000), Class B (90 days, $1,000), Class C (30 days, $500). Wisconsin abolished the death penalty in 1853 (second state to do so) and never reinstated it. Wisconsin marijuana remains strictly criminalized: simple possession misdemeanor first offense (Wis. Stat. § 961.41(3g)(e)) up to $1,000 fine plus 6 months; second or subsequent offense Class I felony. No medical or recreational marijuana statewide. Wisconsin uses Truth-in-Sentencing (TIS) under Wis. Stat. § 973.01 — bifurcated sentence (initial confinement + extended supervision) with no parole (parole was eliminated for offenses committed after Dec. 31, 1999). Deferred Prosecution Agreements (Wis. Stat. § 971.39, 971.40) are widely used — completion = dismissal. Wisconsin OWI law is famously strict — first OWI is non-criminal forfeiture (civil), but penalties escalate aggressively with priors. Expungement under Wis. Stat. § 973.015 is unique: must be ordered at sentencing for eligible defendants under age 25 with sentences not exceeding 6 years.

When Do You Need a Criminal Defense Attorney in Wisconsin?

Our network includes Wisconsin criminal defense attorneys who handle every kind of case, including:

Types of Criminal Defense Cases in Wisconsin

From the moment you connect with a Wisconsin criminal defense attorney, they go to work protecting your claim. The most common case types we handle:

Talking to WSP, DCI, Milwaukee PD, Madison PD, or any Wisconsin officer without an attorney

Consenting to a search when Wis. Const. Art. I, § 11 may require a warrant

Missing a Wisconsin court date — bench warrants and bond forfeiture follow

Posting about the case on social media — Wisconsin DAs subpoena platforms aggressively

Deleting messages or photos from your phone — Obstruction (§ 946.41) is a Class A misdemeanor; tampering with evidence offenses can be felonies

Accepting the DA’s first plea offer without exploring DPA, drug court, mental health court, OWI Treatment Court, veterans court, or charge reduction — AND failing to request expungement at sentencing for eligible offenders under 25

Talking to WSP, DCI, Milwaukee PD, Madison PD, or any Wisconsin officer without an attorney

Consenting to a search when Wis. Const. Art. I, § 11 may require a warrant

Missing a Wisconsin court date — bench warrants and bond forfeiture follow

Posting about the case on social media — Wisconsin DAs subpoena platforms aggressively

Deleting messages or photos from your phone — Obstruction (§ 946.41) is a Class A misdemeanor; tampering with evidence offenses can be felonies

Common Wisconsin Criminal Defense Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Wisconsin Criminal Defense Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Criminal defense attorneys in Wisconsin work on hourly or flat-fee retainers — contingency fees are prohibited in criminal cases under Wis. SCR 20:1.5(d) and ABA Model Rule 1.5(d). Misdemeanors and most felonies are flat-fee; complex cases (federal, white-collar, OWI defenses) use hourly billing. The Wisconsin State Public Defender system represents indigent defendants statewide.

What Can Your Wisconsin Criminal Defense Compensation Include?

Charge Dismissal

Outright dismissal through motion to suppress, motion to dismiss for insufficient evidence, DA dismissal, or speedy trial dismissal.

Charge Reduction

Reduction from felony to misdemeanor, from higher Class to lower (Class A to Class I), removal of mandatory minimum and firearm enhancement allegations.

Deferred Prosecution / Diversion

Deferred Prosecution Agreement (§ 971.39, 971.40) — completion = dismissal. Drug court, mental health court, OWI Treatment Court, veterans court. Expungement at sentencing under § 973.015 for eligible offenders under 25 (must be raised at sentencing).

Plea Agreement

Negotiated resolution under § 971.08. Includes charge reductions, dismissed counts, sentencing within Truth-in-Sentencing framework (bifurcated: initial confinement + extended supervision), and probation in lieu of incarceration.

Trial Acquittal

Not guilty verdict by Wisconsin jury or judge. Wisconsin criminal juries are 12 for felonies (waivable to 6+ by stipulation), 6 for misdemeanors, and must be unanimous (Wis. Const. Art. I, § 7).

Post-Conviction Relief

Wisconsin post-conviction motions under § 974.02 (during direct appeal), § 974.06 (after direct appeal). No fixed filing window for § 974.06 but successor petitions restricted. Newly discovered evidence motions under § 805.15 / § 974.06.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Wisconsin Criminal Defense Attorneys

Why Do You Need a Criminal Defense Attorney in Wisconsin?

When Do You Need a Criminal Defense Attorney in Wisconsin?

Types of Criminal Defense Cases in Wisconsin

Common Wisconsin Criminal Defense Mistakes

How Much Do Wisconsin Criminal Defense Attorneys Cost?

What Can Your Wisconsin Criminal Defense Compensation Include?

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