Criminal Defense Lawyers in Madison and Middleton, Wisconsin

No. You have the right to remain silent, and you should use it. Politely tell officers you want to speak with a lawyer, and do not answer questions about where you were, what you had to drink, or what happened until your attorney is present. Anything you say can be used against you, and you cannot be punished for choosing to stay silent.

The initial appearance is your first court date after an arrest or charge. The judge or court commissioner tells you the charges against you, sets bail and any conditions of release, and confirms your right to an attorney. It is an early stage, but an important one — the conditions set here can affect your freedom for the rest of the case, so it helps to have a lawyer involved as soon as possible.

In Wisconsin, a misdemeanor is punishable by time in county jail and a felony by time in Wisconsin state prison. Misdemeanors range from Class C (up to 30 days) to Class A (up to 9 months and/or a $10,000 fine). Felonies range from Class I (up to 3.5 years) up to Class A (life imprisonment). The class of the charge sets the maximum penalty you face, which is why an early, accurate read of the charges matters.

Not necessarily. Whether you face jail depends on the class of the charge, your prior record, and the facts of the case. Many first-time misdemeanor charges are resolved with probation, fines, or other alternatives rather than jail time, while serious felonies carry the risk of significant prison time. Because the class of the charge sets your maximum exposure, an early, accurate assessment of the charges is critical.

A preliminary hearing happens only in felony cases. At this hearing the State must show there is probable cause to believe a felony was committed and that you committed it; if it cannot, the charge can be dismissed or reduced. Misdemeanor cases skip this step. A preliminary hearing is also an early opportunity for your attorney to test the strength of the State’s evidence.

It depends on the charge and whether the case resolves by plea or goes to trial, but the path is predictable: an initial appearance, then a preliminary hearing (for felonies), arraignment, pretrial motions, and finally trial. Wisconsin law also provides for a speedy trial — within 60 days of the initial appearance for a misdemeanor, or within 90 days of a demand for a felony (Wis. Stat. § 971.10) — though either side may seek a continuance.

It is rarely a good idea to plead guilty before speaking with a lawyer. A guilty plea is a conviction — it gives up your right to a trial and to challenge the State’s evidence, and it can carry consequences you may not expect, from a permanent record to effects on your job, license, or immigration status. An attorney can review whether the evidence actually supports the charge and often negotiate a better outcome.

Look for an attorney who focuses on criminal defense, knows the local Dane County courts and prosecutors, and has real trial experience — not just a willingness to plead cases out. Attorney Stephen E. Mays, who founded Mays Law Office, is a former Dane County prosecutor who has handled cases from the municipal level to the Wisconsin Supreme Court, so he understands how the State builds a case and how to take it apart.

Cost depends on the seriousness of the charge, the complexity of the case, how much motion work is required, and whether the case goes to trial. Many criminal defense attorneys charge a flat fee for a given case, while others bill hourly. The best way to understand the cost for your situation is a consultation, where the attorney can explain the fee structure and what your defense will involve.