The Importance of Pre-Charge Representation in Criminal Defense

When facing the possibility of criminal charges, many people feel overwhelmed and unsure of their next steps. A common misconception is that legal representation is only necessary after being formally charged with a crime. However, *pre-charge representation* can be a critical step in protecting your rights, potentially avoiding charges altogether, and mitigating future legal consequences.

What is Pre-Charge Representation?

Pre-charge representation refers to legal assistance provided before formal criminal charges are filed. This often occurs during the investigation phase of a criminal case, when law enforcement is gathering evidence, conducting interviews, and determining whether to bring charges against a suspect. During this time, prosecutors and police may already be considering a case against you, even if you haven’t been arrested or formally accused.

A skilled criminal defense attorney can intervene at this early stage, advising you on your rights, guiding your interactions with investigators, and working to prevent charges from being filed.

Why Is Pre-Charge Representation Important?

1. Protect Your Rights
   Law enforcement officers are trained to gather evidence and build cases, and they may attempt to question you without informing you of your rights. A criminal defense attorney can ensure you don’t unintentionally incriminate yourself during questioning or give law enforcement unnecessary information. They can also prevent unlawful searches or seizures of your property, safeguarding your Fourth Amendment rights. Further, by invoking your Fifth Amendment right to counsel, you are likely to dissuade law enforcement from further attempts to interact with you.
2. Early Case Intervention
   A defense attorney can intervene before charges are filed, potentially influencing the prosecutor’s decision to pursue or drop the case. This could involve presenting exculpatory evidence or arguing that the investigation lacks probable cause or sufficient evidence to bring a successful prosecution and that further pursuing the matter would be a waste of time and resources. By addressing weaknesses in the prosecution’s case early, an attorney may convince prosecutors not to pursue charges or seek lesser charges. In many counties in Wisconsin there are programs for what it known as a deferred prosecution. This involves taking responsibility for any potentially unlawful conduct and abiding by terms of an agreement for a period of time after which a charge may be dismissed. This may be done after formal charges have been filed and the case has wound its way through the criminal justice system. This, of course, involves fully retaining an attorney and paying a substantial fee. By being proactive and hiring an attorney before charges are filed at a reduced fee, a pre-charged deferral is one possibility to avoid criminal charges altogether. Such a positive and swift outcome can not only spare our clients the stress and expense of defending against formal criminal charges, but can also spare them the humiliation of having an easily accessible public court record of a criminal prosecution having been brought against them no matter the outcome.
3. Guidance on Cooperation
   Pre-charge representation helps you navigate how much, if any, cooperation is in your best interest. In some cases, cooperation with law enforcement can lead to favorable outcomes, such as immunity or reduced charges. In other cases, it may expose you to unnecessary risk. An attorney can guide you on the best course of action for your specific situation. Attempting to handle such complex circumstances without the benefit of years of experience in gauging likely outcomes of varying degrees of cooperation could likely run a significant risk of greater legal jeopardy.
4. Negotiating Terms
   If charges are likely to be filed, a defense attorney can negotiate the terms of your surrender, reducing the chances of a public arrest or other disruptive actions. They may also be able to arrange for a signature bond rather than substantial cash bail or other conditions that minimize the impact of a potential arrest.
5. Mitigating Public Relations Consequences
   Criminal investigations can become public knowledge, potentially harming your reputation, career, or personal life. Having an attorney involved early can help manage any media attention or public scrutiny. They can work to protect your privacy and advise on how to handle any necessary public relations aspects of the case.

Examples of Pre-Charge Scenarios

White-Collar Crimes: When suspected of fraud or embezzlement, financial records may be under scrutiny before you are even aware of an investigation. An attorney can work with accountants and financial experts to present a strong defense during this stage.

Drug Crimes: In drug-related investigations, law enforcement may rely on confidential informants or other means of surveillance ranging anywhere from intercepted phone records to GPS monitoring of vehicles. An attorney can assess the legality of such actions and challenge the constitutionality of improper police procedures.

DUI Charges: If you are involved in an accident and suspected of driving under the influence, pre-charge representation can help ensure proper protocols are followed and provide sound and experienced advice on steps to minimize suspicion and avoid disclosing incriminating information to law enforcement.

When Should You Seek Pre-Charge Representation?

If you are aware that you are being investigated for a crime, or if you believe you may be under suspicion, it is crucial to consult with an attorney as soon as possible. Some common indicators that pre-charge representation may be needed include:

• Law enforcement contacts you for questioning.
• You receive a subpoena or search warrant.
• You are aware of an internal investigation at your workplace.
• You believe you may have been implicated in a crime by someone else.

Conclusion

Pre-charge representation can make the difference between being charged with a crime and avoiding prosecution altogether. By involving an experienced criminal defense attorney at the earliest stages of an investigation, you are taking proactive steps to protect your rights, defend your reputation, and reduce the potential consequences of criminal charges.
If you suspect you are under investigation or have been contacted by law enforcement, don’t wait until it’s too late. Reach out to the experienced and qualified criminal defense attorneys at Mays Law Office, LLC. at (608)257-0440, for pre-charge representation and protect yourself from the outset.

If you are facing a drunk driving charge in Wisconsin (either an OWI or a PAC), it is critical to ensure that you are making informed decisions about your defense. This includes making informed decisions about your legal representation. While it is expected to have concerns about the costs of hiring a lawyer, the reality is that it can be far more costly to try to handle your OWI or PAC case on your own.

For several reasons, putting an experienced OWI/PAC lawyer on your side makes financial sense. There are many other reasons to hire a professional lawyer as well. As a result, trying to handle your case on your own isn’t worth it.

Why You Need Experienced Legal Representation for Your Wisconsin OWI or PAC

Why shouldn’t you try to represent yourself in your Wisconsin OWI or PAC case?

Here are ten reasons (among many more) why you will want an experienced lawyer on your side:

1. You Are Facing Substantial Penalties

Under Wisconsin law, OWI and PAC charges both carry substantial penalties. Regardless of your blood alcohol concentration (BAC) and your prior record (if any), a conviction could lead to fines, surcharges, and loss of your driving privileges. If your BAC was 0.15% or above, or if you have a prior OWI or PAC conviction, you may also be required to install an ignition interlock device (at your expense) if you get convicted.

2. OWI and PAC Convictions Have Other Consequences As Well

Along with Wisconsin’s statutory penalties for OWI and PAC charges, convictions can also have other consequences. These include increased auto insurance premiums, loss of job opportunities, academic outcomes, professional consequences, and immigration consequences—among others. As a result, for many people, the costs of an OWI or PAC conviction far surpass the fines and surcharges they incur in court.

3. No One Else is On Your Side

If you don’t hire a lawyer, no one involved in your OWI or PAC case will be on your side. The prosecutor’s job is to convict you, and the judge’s job is to enforce the law. If the prosecutor presents evidence that warrants a conviction—and if you don’t do anything to challenge it—the judge will have no choice but to find you guilty of OWI or PAC.

4. An OWI or PAC Conviction is a Very Real Possibility

To be abundantly clear, an OWI or PAC conviction is a very real possibility regardless of the facts of your case. If you do not defend yourself successfully, you will almost certainly face the life-altering consequences of a drunk driving conviction.

5. You May Have Several Defenses, and It is Critical to Choose the Right One(s)

While a conviction is a very real risk, there are also several ways to defend against OWI and PAC charges under Wisconsin law. The key is to choose and present the right defense (or defenses) based on the facts of your case. Keep in mind that asserting one defense might not be enough. For example, even if your blood alcohol concentration (BAC) reading is unreliable, the prosecutor may still be able to use other evidence to convict you.

6. Fighting Your OWI or PAC in Court May Not Be Your Only (or Best) Option

Another important fact to remember is that fighting your OWI or PAC in court may not be your only (or best) option. For example, if prosecutors have the evidence they need to convict you, your best approach may be to seek a plea bargain that minimizes the consequences of your arrest.

7. You Need to Protect Your Right to Appeal

Protecting your right to appeal will be critical if you decide to take your drunk driving case to trial. Several issues can justify appeals—and if you get convicted, filing an appeal could be the next step. But, if you don’t protect your right to appeal during your OWI or PAC trial, you can lose it.

8. Mistakes and Assumptions Can Prove Very Costly

In addition to failing to protect your right to appeal, many other mistakes can prove very costly when you are facing an OWI or PAC charge in Wisconsin. Assumptions can prove extremely costly as well. To avoid making these mistakes and assumptions, you will need an experienced Wisconsin OWI/PAC lawyer on your side.

9. Successfully Defending Against an OWI or PAC Charge is Not Easy

If it’s not abundantly clear, successfully defending against an OWI or PAC charge in Wisconsin is not easy. Regardless of the facts of your case, if you are not extremely careful, there is an excellent chance that you will end up facing unnecessary consequences.

10. Successfully Defending Against an OWI or PAC Charge is Extremely Important

While successfully defending against an OWI or PAC charge is not easy, it is imperative. From the court-imposed penalties to the collateral consequences of having an OWI or PAC on your record, a conviction can impact your life for years to come. You owe it to yourself to avoid these consequences if possible, and, at this stage, hiring an experienced lawyer is the most cost-effective option.

Schedule a Free, No-Obligation Consultation with a Wisconsin OWI/PAC Lawyer Today

We invite you to contact us if you would like more information about hiring a lawyer to fight your OWI or PAC charge in Wisconsin. Call 608-291-7609 or contact us online for a free, no-obligation consultation.

The mark of a good attorney is when she finds a way to use her opponent’s evidence against them. August 2024 brought Attorney Lisa Pierobon Mays’ client K.K. (initials used to preserve client’s anonymity) a successful settlement by intimidating opposing counsel with his own medical expert’s report.

KK worked for a machine fabricator which required him to repeatedly lift 50-pound parts when fabricating grain shoots. From July 23 thru July 26, 2022, KK was tasked to repeatedly bend at the waist from floor to chest to lift, load, and unload heavy parts into a machine. In doing so, he felt a pop and pain sensation in his low back with ongoing throbbing pain. Realizing that this was more than a pulled muscle, KK promptly informed his supervisor of his pain who instructed him to go home to rest, apply ice, and medicate. The next day, KK had worsening pain, so he went to urgent care and then follow-up with his primary doctor. He was prescribed strong pain medication and physical therapy. Despite weeks of therapy, KK had no improvement so his doctor ordered MRI imaging of his spinal cord in October 2022. The 2022 MRI showed a disk herniation in his low back requiring surgery. The surgery was performed in July 2023.

Before the disk herniation discovery, the workers compensation carrier accepted responsibility for the claim, meaning they were paying workers compensation benefits and agreed that the injury occurred at work. However, once the insurance carrier got notice that an MRI showed a serious disk herniation, they scheduled KK for a medical examination with a doctor of their choosing. The insurance carrier self-named this examination an “independent medical examination,” however nothing could be further from the truth as such examinations are far from independent, complete or even honest.

The so-called Independent Medical Examiner met with KK only once in April 2023 and from that he declared that his work-injury was no more than a lumbar strain and that all he needed was a four-week course of physical therapy.  With this, all benefits were denied, and KK was left to fend for himself in terms of his finances and medical treatment expenses.  This was devastating for KK and his family; KK had never suffered pre-existing issues with any part of his back.  He did everything his employer asked of him repeatedly, over days, lifting heavy 50-pound material causing injury.  He reported his injury immediately, sought medical treatment, and tried everything to get better.  When he became too expensive with an upcoming surgery, the workers compensation carrier found a hack doctor to deny his claim arguing that he suffered no more than a strain when an MRI indicated a disk herniation.

With the insurance denial, KK was forced to find legal counsel to fight for him.  He contacted Mays Law Office and hired Attorney Lisa Pierobon Mays in May 2023 before his July 2023 surgery.  The surgery was successful, and the surgical findings were consistent with the MRI for a disk herniation.  KK was able to return to work and is now working without restrictions.

Attorney Lisa Pierobon Mays filed an appeal with the State for the workers compensation insurance carrier’s denial of benefits.  A hearing was scheduled for August 1, 2024.  Before this hearing, the insurance company expressed interest in settlement.  Attorney Pierobon Mays responded that while Client KK would be interested in settlement short of going to hearing, the settlement monies would have to be enticing if the insurance carrier wanted a closed file.  Attorney Pierobon Mays told opposing counsel that she would not discount the claim too much as she felt confident that she would win the claim at hearing.  Attorney Pierobon Mays noted to opposing counsel that the report of their doctor was poor.  First, the report pre-dated the July 2023 surgery, so it was missing any discussion of the July 2023 surgery and the surgical findings which proved that KK suffered more than a lumbar strain, and in fact had a disk herniation with stenosis.  So, the surgical findings substantiated the seriousness of the work injury and undermined the credibility of the insurance doctor.  Moreover, remember the insurance company’s doctor accepted that an injury had occurred at work and that physical therapy was necessary with a period of healing and restricted work.   Yet, the insurance carrier never paid the therapy bills nor did they pay KK a lost time benefit while he was unable to work without restriction.  Failure by an insurance company to pay conceded benefits is illegal in Wisconsin under our Workers Compensation Act.  Attorney Pierobon Mays made it clear to opposing counsel that, if a successful settlement was not reached prior to the August hearing then she would file a penalty claim (awardable up to $30,000) for failing to pay a conceded/undenied benefit.  Opposing counsel fought back very little because he knew that he was trapped due to the poor handling of the claim and the facts and evidence were in favor of a win for KK.

KK‘s workers compensation injury claim was settled before the hearing giving KK more money in his pocket than if he had gone to hearing and won!  Moreover, the insurance carrier was responsible for paying back the private health carrier and a large portion of the unpaid medical expense.  KK was very happy with the results that Attorney Lisa Pierobon Mays got for him.  He avoided having to testify at a hearing, got more money in his pocket, and did not have to worry about past medical treatment expense.  He has returned to work with no residual symptoms from his back injury and working without restriction.

Mays Law Office is proud to announce another successful representation and result for a Wisconsin injured worker who recovered workers compensation benefits.  Feeling frustrated too?  Call Mays Law Office at 608)291-9402.  Attorney Lisa Pierobon Mays is only a call away for a free consultation to answer all your questions

If you are facing an OWI charge in Wisconsin, there is a lot you need to know. While most people have a general understanding that OWI charges will land them in court, there are many more facts that most people don’t know about facing a drunk driving charge under Wisconsin law.

So, what do you need to know to protect yourself? Here are ten important facts that most people don’t know about facing an OWI in Wisconsin:

Fact #1: Drunk Driving Arrests Can Lead to Multiple Charges

One fact that many people don’t know is that a drunk driving arrest can potentially lead to a variety of different charges. For example, along with OWI, many people will also face charges for open container violations and implied consent violations—among other offenses.

Causing a severe or fatal accident while driving under the influence can lead to additional charges as well. When facing charges in Wisconsin, you must be aware of all the charges you need to defend against.

Fact #2: The Penalties for OWI Charges Can Be Severe

Even if we focus solely on “standard” OWI charges, the consequences of getting arrested for drunk driving in Wisconsin can be severe. First-time OWI offenders face hundreds of dollars in fines, surcharges, and a six- to nine-month driver’s license suspension. Those arrested with a blood alcohol concentration (BAC) of 0.15 percent or above also face mandatory ignition interlock device installation or participation in a 24/7 sobriety program for 12 months. For repeat offenders, Wisconsin’s OWI penalties are even more significant.

Fact #3: An OWI is a “Major Violation” Under Wisconsin’s Habitual Traffic Offender (HTO) Law

Another critical fact to be aware of is that an OWI is a “major violation” under Wisconsin’s habitual traffic offender (HTO) law. Under the HTO law, if you get convicted of (or plead guilty to) four significant violations in five years, you will lose your driver’s license for five years. If you get caught driving while your license is suspended under the HTO law, you can face up to $7,500 in fines and 18 months in jail, plus an extension of your driver’s license suspension.

Fact #4: Prosecutors Don’t Need Your BAC to Secure an OWI Conviction

For many people, one of the most surprising facts about Wisconsin’s OWI laws is that prosecutors do not need their BAC to secure a conviction. In Wisconsin, it is against the law to operate a motor vehicle while “[u]nder the influence of an intoxicant . . . to a degree which renders [you] incapable of safely driving.” Proving that you were incapable of safely driving involves showing the effects of your alcohol consumption, not your level of blood alcohol concentration.

Fact #5: If Prosecutors Have Your BAC, They Don’t Need Other Evidence

However, if prosecutors have your BAC, this is all the evidence they need. This is because Wisconsin’s OWI laws also make it illegal to drive with a “prohibited alcohol concentration.” For non-commercial drivers age 21 and older, a prohibited alcohol concentration is a BAC of 0.08 percent. If prosecutors can prove that your BAC was over the legal limit, they do not also need to prove that you were “incapable of safely driving.” They only need to establish one or the other.

Fact #6: You Can Assert a Successful Defense Even if You Admitted to Driving Drunk

Let’s say you admitted to driving drunk during your traffic stop. This is a widespread mistake. If you acknowledged that you were under the influence, does this mean your case is already over?

The short answer is “No.” Even in this scenario, there are a variety of defenses that an experienced OWI lawyer may be able to assert on your behalf. If you are in this situation, we encourage you to read Why You Shouldn’t Plead Guilty Even If You Admitted to Driving Drunk in Wisconsin.

Fact #7: Successfully Defending Against an OWI Charge is Not Easy

While there are several ways to defend against OWI charges in Wisconsin, avoiding unnecessary consequences is difficult. To execute a successful defense strategy, you need to know how the law protects you and be able to use these protections effectively in court.

Fact #8: Pretrial Diversion is Not an Option in Wisconsin OWI Cases

Pretrial diversion is a program that allows first-time offenders to avoid the life-altering consequences of an OWI conviction. But there’s one problem: This program is not available in Wisconsin. While OWI defendants used to be able to divert their cases from trial in many instances, this is no longer an option. As a result, if you are facing an OWI charge, you must either focus on negotiating a plea deal or concentrate on fighting your charge in court.

Fact #9: The Costs of an OWI Conviction Can Far Exceed Your Fines and Surcharges

While the fines and surcharges for OWIs can be substantial, these are not the only costs you will incur if you get convicted. Your insurance premiums will increase substantially—almost certainly cost you hundreds (if not thousands) of dollars annually. From license reinstatement costs to the cost of losing your job as a result of your conviction (which can be a genuine possibility), OWIs can lead to a wide range of other expenses as well.

Fact #10: Hiring an Experienced OWI Lawyer Can Be Your Least Costly Option

Given these costs, hiring an experienced OWI lawyer can be your least costly option after a drunk driving arrest in Wisconsin. If your lawyer can help you avoid an OWI conviction (even if this means accepting a plea bargain), your legal fees will be well worth it.

Get Help from an Experienced OWI Lawyer in Madison, WI

Are you facing an OWI charge in Wisconsin? If so, we encourage you to contact us promptly for more information. For a free, no-obligation consultation, call 608-291-7609 or tell us how we can reach you online now.

The number one question asked of our attorneys in social settings is “Should I blow or not blow if stopped by the police?”  The cheap and easy response is blow if you know you will pass.  However, it’s more complicated than that in understanding your rights and the risks.

When pulled over under suspicion of operating while intoxicated (OWI) in Wisconsin, you might be faced with a crucial decision: whether or not to submit to an evidentiary chemical test of your blood, breath or urine. This decision can significantly impact your legal situation, and understanding both the legal and practical implications is essential.

Understanding the Legal Context

Wisconsin, like all states, has an Implied Consent Law. This means that by driving on public roads, you have implicitly consented to chemical testing (breath, blood, or urine) if an officer has probable cause to believe you are under the influence of alcohol, drugs or a combination thereof. Refusing to take an Implied Consent test has both immediate and long-term consequences.

Immediate Consequences of Refusing

1. Automatic License Revocation: In Wisconsin, refusing to take an Implied Consent test results in the issuance of a Notice of Intent to Revoke Operating Privilege form which law enforcement will file with the applicable court. If you fail to request a hearing to contest the refusal allegation within 10 business days, adverse judgment will be entered against you and your license will be revoked commencing 30 days from the date of notice. For a first offense, the revocation period is one year with a 30-day wait period before you would be eligible for even an occupational license. For a second offense, the revocation period is two years with a 90-day wait period before you would be eligible for an occupational license. For a third offense or greater, the revocation period is three years with a 120-day wait period before you would be eligible for an occupational license. In all cases the court will order that any vehicle owned or operated by you be equipped with an Ignition Interlock Device (IID). The court will additionally order that you complete an Alcohol and Other Drug Abuse (AODA) assessment and complete any recommended education or counselling. Failure to do so will result in a separate non-compliance revocation and render you ineligible for an occupational license. This revocation is separate from any criminal charges or penalties that may arise from the underlying OWI arrest itself.
2. Potential for a Search Warrant: If you refuse any Implied Consent test, the arresting officer may, and in most cases will, obtain a search warrant to compel a blood test. This can lead to further complications and delays, and a blood test may be more incriminating if it shows a higher blood alcohol concentration (BAC) than what might have been indicated by a breath or urine test, in the event that one of those methods was what was originally requested. More importantly, if a compelled blood draw is performed, you will potentially have incurred the penalties for refusing in vain.
3. Evidentiary Concerns and Potentially Increased Penalties: Even if a compelled blood draw is not performed, the refusal itself can be used as evidence of guilt in court. Prosecutors may argue that your refusal indicates a consciousness of guilt. In other words, a judge or jury may presume that the reason you refused an implied consent test is that you knew that it would likely be incriminating. Recent U.S. Supreme Court rulings have held that an individual has a protected constitutional right to refuse a blood draw and cannot be criminally punished for exercising such a protected right. That said, the reality is that a sentencing judge will be aware of your lack of cooperation and while no express punishment is permissible, it is likely to influence his or her sentencing decision. And there is no such prohibition on increased penalties if a breath or urine test is originally requested.
4. Long-Term Considerations
   1. Impact on Legal Strategy: If you refuse an Implied Consent test, your defense attorney may have fewer options to challenge the evidence against you. For example, the burden of proof in a refusal hearing is significantly lower than the burden of proof in the underlying OWI.  This is particularly problematic in a first offense OWI, where the penalties for the refusal are more onerous than those of the underlying OWI. In other words, even if you have a winning strategy for a defense to the OWI, you may end up in a worse position if you are convicted of the refusal but avoid the OWI. On the other hand, if you agree to the test and your BAC is above the legal limit, the evidence against you is straightforward, but there might still be avenues to contest the legality of the stop, arrest or the administration of the test.
   2. Insurance and Driving Record: An OWI conviction, combined with a license revocation, can impact your driving record and insurance rates for years to come. A refusal can exacerbate these issues, leading to increased insurance premiums and potential difficulties in getting coverage.

When Might Refusal be Considered?

Refusing an Implied Consent test might be considered if you believe the test could lead to an inaccurate result, particularly if you have concerns about the test’s reliability or the potential for a false positive. Additionally, if you are aware that your BAC is significantly over the legal limit, some might argue that refusing the test could be a strategic move to avoid more compelling evidence of intoxication. However, as stated above, law enforcement will almost certainly obtain a search warrant for a compelled blood draw rendering the refusal futile. The reality is that refusing an Implied Consent test is a mistake in nearly every situation.

Consulting a Legal Professional

Given the complexities of OWI cases, consulting a DUI lawyer who specializes in Wisconsin law is crucial if you’ve been charged with a refusal and underlying OWI. Here at Mays Law Office, LLC, our experienced drunk driving attorneys can provide personalized advice based on your case specifics, help you understand the potential outcomes, guide you through the legal process, and develop and execute winning defense strategies.