Arrested in Sun Prairie? First thing to understand: your criminal case will not stay in Sun Prairie.

• Sun Prairie Municipal Court (300 E. Main St.) handles only municipal matters — ordinance violations and civil citations.
• Every misdemeanor and felony goes downtown: the Dane County Circuit Court, 215 S. Hamilton St., Madison.
• The Dane County District Attorney’s Office — not the city — decides the charges.
• In-custody? Booking happens at the Public Safety Building in downtown Madison, and bail gets set at your initial appearance.

That process moves with or without a lawyer. Mays Law Office defends misdemeanor and felony charges for Sun Prairie residents from our Middleton office — in the Dane County courtrooms where these cases are actually decided. Call 608-305-4518 for a free consultation before you answer anyone’s questions.

Criminal Defense Attorneys Serving Sun Prairie, WI

Attorney Stephen E. Mays has practiced law in Wisconsin since 1995. He was named a 2025 Wisconsin Super Lawyer in DUI/DWI defense. His memberships include:

• National Association of Criminal Defense Lawyers
• Wisconsin Association of Criminal Defense Lawyers
• Dane County Criminal Defense Lawyers Association
• State Bar of Wisconsin

Why the Dane County membership matters: a Sun Prairie arrest may start with the Sun Prairie Police Department, but the case is prosecuted by the Dane County DA’s office and heard by Dane County judges. Knowing how those courtrooms run is part of the defense.

The job itself: 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 at the first phone call.

When to Call Our Sun Prairie, WI Criminal Defense Lawyers

Call right away if any of these fits your situation:

• Someone you love is in custody. In-custody defendants in Dane County get initial appearances on weekday afternoons before a court commissioner at the Public Safety Building. Bail is set there. Get counsel in place first.
• Police want to “just talk.” Miranda warnings are required only 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 your words 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 arrest in defined circumstances once police find reasonable grounds — even if the other person asked them not to. A 72-hour no-contact provision starts automatically; only a written waiver signed by the alleged victim lifts it early. Violating it while in force is a separate crime.
• You’re facing a felony. You have the right to a preliminary hearing where the State must show probable cause. It can be waived — but used well, it’s 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 that charge.
• You’re under 25 and want the conviction kept off your public record. Wisconsin expungement is narrow — it depends on age, offense, and record — and the judge must grant it at the sentencing hearing itself. If it isn’t raised there, the chance is gone permanently.

Wisconsin Misdemeanor and Felony Penalties

Wisconsin uses three misdemeanor classes and nine felony classes. The class on your charge sets your maximum exposure.

Misdemeanors (Wis. Stat. § 939.51) — county jail:

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

Felonies (Wis. Stat. § 939.50) — state prison:

• Class I: up to 3 years and 6 months and a $10,000 fine
• Class H: up to 6 years and a $10,000 fine
• Class G: up to 10 years and a $25,000 fine
• Class F: up to 12 years and 6 months and a $25,000 fine
• Class E: up to 15 years and a $50,000 fine
• Class D: up to 25 years and a $100,000 fine
• Class C: up to 40 years and a $100,000 fine
• Class B: up to 60 years
• Class A: life imprisonment

Two more things to know under Wisconsin’s truth-in-sentencing system:

• A felony prison sentence is bifurcated — initial confinement, then mandatory extended supervision in the community. There is 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. Time already spent in the community generally does not reduce that exposure.

Criminal Charges We Defend in Sun Prairie

Our criminal defense practice covers the charges Sun Prairie residents actually face:

• Disorderly conduct (Wis. Stat. § 947.01). The catch-all Class B misdemeanor. The State must prove 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. 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. A second possession offense of any drug is a Class I felony. So is first-offense possession of a Schedule I or II narcotic drug or methamphetamine. Possession-with-intent charges are all felonies graded by weight — and “intent” is often built 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. It escalates by value up 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. The State must prove an intentional violation, and alleged violations often don’t hold up.

One local note: Sun Prairie sits on the US-151 corridor, where the Sun Prairie Police Department, the Dane County Sheriff’s Office, and the Wisconsin State Patrol are all active — and the Dane County Traffic Safety Commission has flagged crash hotspots in the city that draw targeted, multi-agency patrols. A routine stop on 151 can escalate fast. What happens in those first minutes is often what we litigate later.

Where Sun Prairie Criminal Cases Are Heard

The path runs through two very different buildings:

• Sun Prairie Municipal Court — 300 E. Main St., Sun Prairie. Municipal ordinance and civil matters only. No misdemeanors. No felonies.
• Dane County Circuit Court — 215 S. Hamilton St., downtown Madison. Every criminal charge from Sun Prairie is filed here and prosecuted by the Dane County District Attorney’s Office.

How a case typically moves:

1. Arrest and booking — in-custody defendants are processed at the Public Safety Building, adjacent to the courthouse.

2. Charging decision — the DA’s office reviews the police reports and decides whether to file a criminal complaint; some cases begin by summons or citation, and prosecutors can decline or amend charges on review.

3. Initial appearance — the court states the charges, advises you of your right to counsel, and sets bail. Out-of-custody misdemeanor defendants generally report to Courtroom 1A; in-custody defendants appear before a court commissioner at the Public Safety Building.

4. Bail — Wisconsin prohibits commercial bail bondsmen; release is by signature bond or cash bond posted directly with the court. 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.

5. Felony track — felonies generally proceed to a preliminary hearing (unless waived), where the State must show probable cause before an Information is filed and the case goes to arraignment. Misdemeanor arraignments typically happen at the initial appearance itself.

6. Litigation — discovery, pre-trial motions (suppression chief among them), plea negotiations. No resolution? Trial, where the State must prove every element beyond a reasonable doubt.

Dane County also offers two diversion paths:

• Community Restorative Court — pre-charge, for 17-to-25-year-olds facing certain low-level misdemeanors; can end with no charges ever filed.
• Deferred Prosecution Program — a 6-to-36-month agreement that, for defendants the DA’s office accepts, can end in charges reduced or dismissed.

Diversion or fight the charge? A judgment call we make with you, based on the evidence.

How We Defend Criminal Charges

Every case gets pressure-tested on three fronts:

• The search and the seizure. Warrantless searches are presumptively unreasonable under the Fourth Amendment, and Wisconsin’s appellate courts keep redrawing the lines — home entries, blood draws, cell phone extractions. If police overstepped, a motion to suppress can take the evidence out of the case.
• The questioning. Miranda protects you only during custodial interrogation, so the fight is usually over whether you were actually “in custody” when you talked. Suppress the statement, and many cases lose their spine.
• The State’s proof. Every element, beyond a reasonable doubt. Disorderly conduct requires more than rudeness. Battery and theft require intent. “Intent to deliver” built on 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 past the verdict, because convictions carry collateral weight:

• A felony conviction ends firearm rights — only a governor’s pardon restores them.
• Convictions in categories like drug offenses, domestic violence, or crimes involving moral turpitude can complicate immigration status.
• Employers may act on a record that “substantially relates” to the job.

Those stakes shape charge-bargaining strategy from day one.

Sun Prairie Criminal Defense FAQs

I got a notice from Sun Prairie Municipal Court. Is that where my criminal case will be?

No. The municipal court at 300 E. Main St. handles only municipal ordinance and civil matters. Any misdemeanor or felony — even from the same incident as a city citation — is filed in the Dane County Circuit Court in downtown Madison and prosecuted by the Dane County District Attorney’s Office. Check which court is on each document; you may have matters in both.

The police never read me my rights. Does my case get thrown out?

Rarely on that basis alone. Miranda applies only to custodial interrogation, and the usual remedy for a violation is suppression of the statement — not dismissal. That said, a suppressed confession can gut the State’s evidence. It’s one of the first things we evaluate.

How do I post bail for someone in the Dane County Jail?

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

The other person wants the domestic abuse charge dropped. Will it be?

Not automatically. The charging decision belongs to the District Attorney — not the alleged victim. That’s 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 arrest; it lifts early only if the alleged victim signs a written waiver, and violating it while in force is a new crime. Work through it with counsel — never around it.

Can I get this expunged down the road?

Only if the groundwork is laid at sentencing. Wisconsin’s expungement statute (Wis. Stat. § 973.015) requires all of the following:

• You were under 25 at the time of the offense.
• The charge carried a maximum of 6 years or less — with extra restrictions for Class H and I felonies and certain excluded offenses.
• The court found expungement would benefit you without harming society.
• 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.

Get a Free Consultation

Se Habla Español — Call 608-305-4518

The earliest days after a Sun Prairie arrest are when a defense takes shape — before the DA’s charging decision hardens and before you say something the State can use. 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.