Criminal Law

If you or a family member have potential criminal exposure, including drug charges, do not hesitate to call or email to arrange a consultation. There is no charge for this first meeting to review your situation. The sooner representation is secured the sooner your rights can be protected.

There are two types of court cases -- criminal and civil. A criminal case arises when the government seeks to punish an individual for an act that has been classified as a crime by the United States Congress or the Wisconsin Legislature. A civil case, on the other hand involves a dispute over the rights and duties that individuals and organizations legally owe to each other.

In a criminal case, a prosecutor who works for the government, not the victim, controls the case. The prosecutor may file criminal charges even if the victim of the crime does not approve, or refuse to file criminal charges despite the victim's desire that criminal charges be filed.

Under criminal law there are two types of cases: Misdemeanors, and Felonies.

1. Misdemeanors
A misdemeanor is a criminal offense. It is less serious than a felony and more serious than an infraction. Misdemeanors usually involve a fine and other punishments including probation, and jail time.

In Wisconsin, there are three types of misdemeanor cases: Class A, Class B, and Class C. Class C misdemeanors are punished less severely than Class A misdemeanors. While less serious than felonies, misdemeanors are still are considered criminal offenses and they will remain on the violator's criminal record.

Examples of misdemeanors include marijuana possession, operating while intoxicated (OWI), and basic assaults.

2. Felonies
A felony is a very serious criminal offense with severe punishments. Examples include such crimes as fraud, sexual assault, and robbery. In Wisconsin, the punishment for committed felonies can include a term in prison. Rights that can be taken include the right to vote, the right to bear arms, and the right to serve on a jury.

Wisconsin has nine separate classes of felonies, ranging from Class A (having the highest level of punishment, life in prison) to Class I (having the lowest level of punishment, a fine and several years in prison).

Summary

Misdemeanor and felony cases in Wisconsin involve many important stages. Because criminal cases involve constitutional rights and potentially significant penalties, they often require multiple court hearings and take several months to complete. The defendant must attend every court hearing, unless the judge excuses attendance and authorizes the attorney to appear in the defendant's place.

Ordinances
While not criminal cases, ordinance violations can be serious. Wisconsin's new seatbelt law and violations such as underage drinking and littering are examples. While punishment is less severe, infractions are worth discussing with an attorney.

To better understand your situation if you are arrested by law enforcement in Wisconsin, click HERE for more information. And for a brochure in .pdf format click HERE.