Misdemeanors and Felonies

Misdemeanor and felony offenses in Wisconsin are both crimes.  Being charged with a misdemeanor or felony is serious.  If you are charged with a misdemeanor, the government can fine you up to $10,000 and you could be imprisoned for months.  A felony is even more serious and the government can fine you up to $100,000 and you could be imprisoned for one or more years.  A felony conviction can also limit your ability to work, vote or own a fire arm. If you are charged with a misdemeanor or felony, your constitutional rights need to be protected.  Our firm has the experience to aggressively protect your legal rights in the event you are arrested.

We defend people charged with the following crimes:

• Arson
• Assault / Battery
• Burglary
• Computer Crime
• Credit / Debit Card Fraud
• Criminal Contempt of Court
• Disorderly Conduct
• Domestic Violence
• Embezzlement
• Forgery
• Fraud
• Harassment
• Hate Crimes
• Homicide
• Probation Violation
• Robbery
• Shoplifting
• Theft / Larceny
• Vandalism
• White Collar Crimes

A roadmap if you are arrested
What happens if you're charged with crime?
Usually you'll be taken into custody when you're arrested. The police will read you your rights, photograph you and take your fingerprints.Remember that you have two important rights: the right to remain silent and the right to an attorney. If you are unable to hire an attorney, an attorney from the State public Defender's office will be appointed. Police may not ask you any more questions if you claim either or both of these basic rights. If you are unable to communicate with the court or your attorney because of a disability or a language barrier, an interpreter will be provided for you.To be released from custody after your arrest, you must post bail. In some cases, you can do this by a signature bond (a written promise to appear in court). In other cases, you may be required to provide either a secured surety bond (you put up property, such as a car or house), or cash (which may be posted by you or someone else). In addition, the judge may impose other conditions on you that he or she deems reasonable to assure your appearance or protect members of the community.If you're charged with a misdemeanor, the maximum imprisonment is one year. Any "time" you serve will be in the county jail or house of correction. A felony charge is much more serious, because it can mean a year or more in prison. In either case, it's very wise to consult an attorney. If you can't afford one, the judge will refer you to the State Public Defender's Office.

What are the steps in a criminal case?
In either a misdemeanor or a felony case, you'll have an initial appearance. At this appearance or before it, you'll be served with a criminal complaint that outlines the charge(s), and the penalty. In a misdemeanor case, you'll also enter a plea at the initial appearance. If you plead "not guilty" to a misdemeanor, you'll be given a pre-trial date, and then trial date, if necessary.For a felony, the next step is the preliminary hearing. At this hearing, the prosecution must present enough evidence to convince the judge that you should stand trial for a felony offense. If it's decided that your case will go to trial, you then attend an arraignment. At the arraignment, the district attorney will serve you with formal charges for a particular felony called the “Information”. At this time, you must enter a plea.
In both misdemeanor and felony cases, you have the right to a jury trial. The jury verdict must be unanimous.

How does plea negotiation work?
In most cases, your attorney and the prosecutor will meet to discuss your case before it goes to trial. The prosecutor may offer to negotiate with your attorney.There are many possible types of "plea agreements". The prosecutor may offer a reduced charge. Or, if you're charged with several offenses, the offer may be to dismiss one or more charges or "read in" a charge (this means that you won't plead guilty to that charge, but the charge may be considered for sentencing). In return, you'll be expected to plead guilty or no contest to at least one offense. Sometimes, the plea agreement will be a recommendation for a particular sentence, or it may be an agreement that the prosecutor will make no sentence recommendation.In any event, the judge does not have to honor the plea agreement. Your attorney and the judge must explain this to you. They must also explain all the possible results of a plea of guilty or no contest. The judge will usually pronounce sentence immediately in a misdemeanor case. In a felony case, the judge may order a pre-sentence investigation and set a separate sentencing date.

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This information is intended to be viewed as general information. Your individual situation or needs require consultation with the advice of an attorney. We are here to help you today.