If you were arrested in Madison — or you got the call that someone you love is sitting in the Dane County Jail — the case is already moving. Booking happens at the Public Safety Building downtown, the Dane County District Attorney’s Office reviews the police reports and decides what to charge, and an initial appearance gets scheduled whether you have a lawyer yet or not. What you say to police before that first hearing can shape everything that follows.

Mays Law Office defends misdemeanor and felony charges throughout Madison and Dane County from our office in neighboring Middleton, a short drive from the Dane County Courthouse at 215 S. Hamilton St. in downtown Madison. Call 608-305-4518 for a free consultation before you talk to anyone else about your case.

Criminal Defense Attorneys in Madison, WI

Attorney Stephen E. Mays has practiced law in Wisconsin since 1995 and was named a 2025 Wisconsin Super Lawyer in DUI/DWI defense. He is a member of the National Association of Criminal Defense Lawyers, the Wisconsin Association of Criminal Defense Lawyers, the Dane County Criminal Defense Lawyers Association, and the State Bar of Wisconsin. That local membership matters: a Madison criminal case is charged by the Dane County DA’s office and heard by Dane County judges, and knowing how those courtrooms actually run is part of the defense.

A criminal defense lawyer’s job is to hold the State to its burden on every element of every charge: was the stop lawful, was the questioning constitutional, does the evidence prove what the complaint alleges. We start asking those questions at the first phone call.

When to Call Our Madison, WI Criminal Defense Lawyers

Call us right away if any of the following applies to you:

• You or a family member is in custody. In-custody defendants in Dane County have their initial appearances weekday afternoons before a court commissioner at the Public Safety Building. Bail gets set at that hearing — counsel should be in place before it happens.
• Police want to “ask you a few questions.” Miranda warnings are only required during custodial interrogation — if a reasonable person in your position would not consider the situation the equivalent of formal arrest, no warning is required, and what you say can still be used against you (though other challenges, like voluntariness, may apply).
• You were arrested after a domestic incident. Wisconsin’s mandatory-arrest law (Wis. Stat. § 968.075) generally requires that arrest in defined circumstances once police find reasonable grounds, even if the other person begged them not to. A 72-hour no-contact provision kicks in automatically unless the alleged victim signs a written waiver; violating it while it is in force is a separate crime.
• You’re charged with a felony. You’re entitled to a preliminary hearing where the State must show probable cause — a stage the defense can use for early discovery.
• You’re out on bond. Intentionally violating a bond condition is bail jumping under Wis. Stat. § 946.49 — a Class A misdemeanor on a misdemeanor case, a Class H felony carrying up to 6 years on a felony case. It stacks on top of the original charge even if you’re later acquitted of it.
• You’re under 25 and hoping to keep your record clean. Expungement eligibility in Wisconsin is limited — it depends on your age, the offense, and your record — and it must be granted at the moment of sentencing, not after. If the court doesn’t take it up at that hearing, the opportunity is gone for good.

Wisconsin Misdemeanor and Felony Penalties

Wisconsin sorts crimes into three misdemeanor classes and nine felony classes, and the class attached to your charge sets the maximum exposure.

Misdemeanors (Wis. Stat. § 939.51) are punishable by county jail time:

• Class A misdemeanor: up to 9 months in jail and a $10,000 fine.
• Class B misdemeanor: up to 90 days and a $1,000 fine.
• Class C misdemeanor: up to 30 days and a $500 fine.

Felonies (Wis. Stat. § 939.50) are punishable by state prison and run from Class I — up to 3 years and 6 months and a $10,000 fine — through Class H (6 years, $10,000), Class G (10 years, $25,000), Class F (12 years and 6 months, $25,000), Class E (15 years, $50,000), Class D (25 years, $100,000), Class C (40 years, $100,000), Class B (60 years), up to Class A, which carries life imprisonment.

Under Wisconsin’s truth-in-sentencing system, a felony prison sentence is bifurcated: initial confinement followed by mandatory extended supervision in the community, with no traditional parole for offenses committed after 1999. If supervision is revoked for a rule violation, you can be reconfined for up to the time remaining on the bifurcated sentence — and time already spent in the community generally does not reduce that exposure.

Criminal Charges We Defend

Our Wisconsin criminal defense practice handles the charges Madison-area residents actually face:

• Disorderly conduct (Wis. Stat. § 947.01) — the catch-all Class B misdemeanor. The State must prove both the conduct and circumstances tending to provoke a disturbance; context and First Amendment defenses matter.
• Battery (Wis. Stat. § 940.60) — the charge scales with the injury: simple battery is a Class A misdemeanor, substantial battery a Class I felony, and aggravated battery a Class H or Class E felony depending on intent.
• Domestic abuse allegations — battery or disorderly conduct between spouses or former spouses, adults who live together or formerly lived together, or adults with a child in common can trigger mandatory arrest when the statutory conditions are met, and an arrest starts the 72-hour no-contact period (waivable only by the alleged victim, in writing).
• Drug possession and delivery (Wis. Stat. § 961.41) — first-offense marijuana possession is an unclassified misdemeanor (up to 6 months and a $1,000 fine), but a second possession offense of any drug is a Class I felony, and first-offense possession of a Schedule I or II narcotic drug (or methamphetamine) is a Class I felony. Possession-with-intent charges are all felonies graded by weight — and prosecutors often build “intent” on circumstantial evidence like baggies, a scale, or cash.
• Theft (Wis. Stat. § 943.20) — a Class A misdemeanor when the value is $2,500 or less, escalating by value to a Class G felony over $10,000; theft of a firearm is a Class H felony regardless of value.
• Bail jumping (Wis. Stat. § 946.49) — among the most frequently charged crimes in Wisconsin, and defensible when the alleged violation doesn’t hold up — the State still has to prove an intentional violation.

How Criminal Cases Move Through the Dane County Courts

Madison’s municipal court handles only non-criminal matters — ordinance violations, civil traffic citations, and first-offense OWI forfeitures. Every criminal charge — every misdemeanor and felony — is prosecuted by the Dane County District Attorney’s Office and heard in the Dane County Circuit Court at 215 S. Hamilton St. in downtown Madison.

Most cases follow a familiar pipeline. In the common path, after arrest and booking, the DA’s office reviews the police reports and decides whether to file a criminal complaint — some cases instead begin by summons or citation, and prosecutors can decline or amend charges on review. At the initial appearance, the court informs you of the charges, advises you of your right to counsel, and sets bail — out-of-custody misdemeanor defendants generally report to Courtroom 1A at the courthouse, while in-custody defendants appear before a court commissioner at the adjacent Public Safety Building. Wisconsin prohibits commercial bail bondsmen: release is by signature bond or cash bond posted directly with the court, and since the 2023 constitutional amendments, judges in violent-crime cases may weigh prior violent convictions and the need to protect the community from serious harm when setting bail.

Felony cases then generally proceed to a preliminary hearing (unless it is waived), where the State must show probable cause before an Information is filed and the case proceeds to arraignment; misdemeanor arraignments typically happen at the initial appearance itself. From there the case moves through discovery, pre-trial motions — suppression chief among them — and plea negotiations. If no resolution is reached, the case goes to trial, where the State must prove every element beyond a reasonable doubt.

Dane County also runs two diversion paths worth knowing about: the Community Restorative Court, a pre-charge program for 17-to-25-year-olds facing certain low-level misdemeanors that can end with no charges ever filed, and the Deferred Prosecution Program, a 6-to-36-month agreement that — for defendants the DA’s office accepts — can end in charges reduced or dismissed. Whether to pursue diversion or fight the charge is a judgment call we make with you, based on the evidence.

How We Defend Criminal Charges

Every case gets examined on at least three fronts:

The search and the seizure. Warrantless searches are presumptively unreasonable under the Fourth Amendment, and Wisconsin’s appellate courts are continually redrawing the lines — on warrantless home entries, blood draws, and cell phone extractions. If police overstepped, a motion to suppress can take the resulting evidence out of the case.

The questioning. Miranda protects you only during custodial interrogation, so the fight is often over whether you were actually “in custody” when you talked. Statements taken in violation of your rights can be suppressed — and without the statement, many cases lose their spine.

The State’s proof. Every charge has statutory elements, and the State must prove each one beyond a reasonable doubt. Disorderly conduct requires more than rudeness; battery and theft require intent; “intent to deliver” built on circumstantial inference can be challenged. Where the facts support it, self-defense under Wis. Stat. § 939.48 comes into play — the bar for getting that instruction to a jury is low.

We also plan for what happens after the courtroom. A felony conviction ends firearm rights — only a governor’s pardon can restore them — convictions in categories like drug offenses, domestic violence, or crimes involving moral turpitude can complicate immigration status, and employers may act on a record that “substantially relates” to the job. Those stakes shape charge-bargaining strategy from day one.

Madison Criminal Defense Questions We Hear Most

What’s the difference between a misdemeanor and a felony in Wisconsin?

A felony is any crime punishable by state prison; everything else is a misdemeanor, punishable by county jail. Misdemeanors top out at 9 months (Class A); felonies run from a 3-year-6-month maximum (Class I) up to life imprisonment (Class A). The line also drives collateral consequences — a felony conviction means losing firearm rights, restorable only by a governor’s pardon.

The police didn’t read me my rights. Will my case be dismissed?

Usually not by itself. Miranda applies only to custodial interrogation, and a violation typically suppresses the statement — not the whole case. But losing a confession can gut the State’s evidence, so it’s one of the first things we evaluate.

How do I bail someone out of the Dane County Jail?

In person at the bail/release window on the ground floor of the Public Safety Building, 115 W. Doty St. — cash, money order, or cashier’s check, or by major credit card through a third-party vendor with a non-refundable 5% fee. Wisconsin has no bail bondsmen, and bail money is held by the court and may be applied to costs or restitution if there’s a conviction.

My partner doesn’t want to press charges. Will the domestic abuse case be dropped?

Not automatically. The charging decision belongs to the District Attorney, not the alleged victim — part of the same framework that required the arrest once officers found the statutory criteria met. The 72-hour no-contact provision takes effect automatically after the arrest — it can be lifted early only if the alleged victim signs a written waiver — and violating it while it’s in force is a new crime. Navigate this with counsel, not around it.

Can I get my record expunged later?

Only if the groundwork was laid at sentencing. Wisconsin’s expungement statute (Wis. Stat. § 973.015) requires that you were under 25 at the time of the offense, that the charge carried a maximum of 6 years or less (with extra restrictions for Class H and I felonies and certain excluded offenses), that the court found expungement would benefit you without harming society, and — critically — that the judge granted expungement eligibility at the sentencing hearing itself. Even then, expungement happens only after you successfully complete the sentence — and it seals the conviction from the public court record, not from everything: it can still appear on Department of Justice background checks, stays visible to law enforcement and certain licensing authorities, and does not restore firearm rights. Retroactive expungement is not allowed; miss the moment and the door closes permanently.

How long will my case take?

A typical misdemeanor resolves in roughly four to eight months from initial appearance to sentencing. Felonies — with the preliminary hearing, fuller discovery, and motion practice — frequently run past a year, especially if headed to trial. Diversion or early negotiation can move faster.

Get a Free Consultation

Se Habla Español — Call 608-305-4518

Whether it’s a misdemeanor citation or a felony complaint, the earliest days after arrest or charging are when a defense takes shape. Call 608-305-4518 or contact Mays Law Office online for a free consultation. Mays Law Office, LLC — 6405 Century Ave STE 103, Middleton, WI 53562.