Criminal Defense Attorney Madison WI
If you have been arrested and are now facing criminal charges, you need a skilled attorney to protect your interests. A conviction can leave you with a permanent record that can haunt you for the rest of your life.
A criminal record can make obtaining gainful employment, finding suitable housing, serving in the military, or legally owning a firearm difficult. A criminal conviction can also make it difficult to attend the higher learning institution of your choice, preventing you from achieving your goals in life. Certain professions, including those in the legal community, education, and medical care, exclude those who have a criminal record.
One of the best steps to protect yourself is to hire a skilled criminal attorney to evaluate your case and build a solid legal strategy to safeguard your future. Contact Casper Mehlos Law Group of Madison, WI, and ask to schedule a free initial consultation immediately. An exceptional legal representation can provide you with a free case review and explain your legal options.
What Are the Benefits of Hiring a Madison Criminal Defense Lawyer?
Many individuals initially make the mistake of trying to navigate the criminal justice system independently, only to find out it is more complex than they initially believed. Some individuals consider using a public defender to defend them against criminal charges. Although a public defender is a qualified lawyer, they often have a heavy caseload that prevents them from spending the time needed to prepare for the case adequately.
If you have been arrested and charged with a felony or a misdemeanor, you need a criminal lawyer who can provide you with legal advice that will protect your interests. A defense attorney will evaluate the evidence against you and may be able to have your charges lowered or possibly dismissed.
Some of the factors involved in the case a defense attorney will analyze include:
- The defendant’s statement regarding what happened and why
- The credibility of witness statements
- The credibility and any errors that may be included in law enforcement reports
- Physical evidence and other information pertinent to the case
- Utilizing or challenging the credibility of expert witnesses
If you are facing federal criminal charges, it is even more imperative that you seek a qualified lawyer to represent you. A federal case differs significantly from state charges and comes with its own unique set of challenges. In addition, if convicted, you could face a significant amount of time in jail. For this reason, you will need an attorney qualified to defend a case in federal and state courts.
Regardless of the type of criminal offense you are facing, you must have an attorney on your side who can act as your legal advocate to help you obtain a favorable outcome for your situation.
What Types of Cases Do Wisconsin Criminal Defense Attorneys Handle?
When the general public hears the term “criminal defense attorney,” they automatically think of violent crimes. However, criminal defense lawyers typically defend clients in several practice areas, including white-collar crimes and immigration law.
Some of the criminal matters our law office assists clients with include:
- Domestic violence
- Drug crimes
- DUI defense
- Sexual assault
- Stalking charges
- Assault and battery
- Arson
- Burglary
If you have been charged with a crime, you must hire a Wisconsin attorney who will fight to safeguard your freedom and legal rights. Not every criminal defense attorney is qualified to represent clients in their criminal cases.
If you want to know more about the cases our criminal defense attorneys are qualified to represent, please contact our law office to schedule a meeting with a qualified legal team member who will gladly answer your questions.
Casper Mehlos Law Group has a proven track record of providing quality legal representation to our clients. Our criminal defense attorneys have extensive knowledge of criminal law and work tirelessly to help clients avoid jail time.
What Are Some of the Legal Strategies Criminal Defense Attorneys Use to Help Their Clients?
One of the most significant benefits of using a knowledgeable criminal defense attorney is their experience developing legal strategies to help clients obtain favorable results. Some of the most common legal strategies include but are not limited to:
- Proving the defendant has an alibi for the time the crime was committed by proving the accused was elsewhere and, therefore, could not have committed the offense
- Contending that the defendant is a victim of mistaken identity
- Arguing that the defendant is a victim of police entrapment and presenting evidence to substantiate their claim
- Demonstrating through evidence and defense witness testimony that the prosecution has not proven their case beyond a reasonable doubt
- Proving law enforcement lacked probable cause to stop, search, and make an arrest of the defendant. If it can be shown the police lacked probable cause, a defense attorney can file a “motion to suppress” evidence that was illegally obtained in the case
- Arguing that the defendant has been falsely accused of the charges. In many domestic violence and sexual assault cases, defendants are falsely accused to try to win a divorce or child custody case
If you are facing criminal charges, a well-trained attorney can analyze the facts and evidence the state presents to determine what legal strategies will best suit you.
What Legal Rights Do I Have After I Have Been Arrested?
If you are arrested, you have certain legal rights that you should be aware of that will help you in the long run. For example, you have the right not to answer questions or make written statements. You must understand that any information you provide can be used against you in court.
If you do decide to answer questions, you also have the right to stop at any time. When you tell police that you do not wish to continue, all questioning should cease at that moment.
You also have the legal right to remain silent or ask that a lawyer be present during questioning. Unfortunately, many defendants make the mistake of speaking with the police and divulging information that may make it more challenging to build a defense case.
Therefore, politely inform the police officer that you do not wish to answer any questions without your lawyer being present. Do not be combative, and make sure to cooperate with their commands.
Additionally, you have the right to know why you are being arrested. Furthermore, after the police have finished booking you, you also have the right to communicate with a lawyer, bondsman, or family member.
If you have been arrested, you must contact a qualified criminal defense lawyer who can advise you of your legal rights. Contact Casper Mehlos Law Group immediately and ask to speak with one of our highly qualified criminal defense lawyers.
When Can Criminal Charges Be Reduced or Dismissed?
One of our clients’ most common questions is whether criminal charges can be dismissed or reduced. The prosecution takes all criminal cases seriously because of its commitment to public safety. Nevertheless, certain cases have a greater chance of being reduced or possibly dismissed. However, it is essential to remember that all criminal offenses and outcomes vary based on the facts and circumstances involved in the case.
Many defendants are unaware that most cases in Dane County are settled out of court through negotiations between criminal defense lawyers and state prosecutors. For this reason, anyone charged in a criminal case must hire a skilled defense attorney who will work to negotiate a fair deal on their behalf.
Some criminal cases that stand a better chance of being resolved out of court include misdemeanor charges. Common examples of misdemeanor charges that can be negotiated include some drug offenses and OWI charges.
Drug Offenses
There are several reasons why drug charges may be reduced or dismissed. In some instances, charges are dropped because the state feels they lack the evidence to win a conviction should the case go to trial. In other instances, defense attorneys can make a strong case that evidence was obtained improperly and is, therefore, inadmissible.
Some other common reasons charges may be dropped include police officers being overzealous when charging defendants with drug crimes. For example, law enforcement officials who make drug busts often arrest everyone present at the location without just cause.
OWI Charges
Operating while under the influence (OWI) is a serious offense in Wisconsin. However, drunk driving cases are often reduced or dismissed for several reasons, including:
- The arresting officer did not have probable cause to stop the defendant
- The officer did not perform field sobriety tests (FST) properly
- The breathalyzer or other testing equipment was not calibrated correctly and produced inaccurate results
- The police waited too long to take blood, breath, or urine for chemical testing to determine a defendant’s blood alcohol concentration (BAC)
Disorderly conduct and traffic violations are other charges that may be reduced or dismissed. Regardless of your charges and legal needs, contact our Madison, WI, law office to learn more about how our criminal defense team can assist you.
What Are the Criminal Penalties If Convicted of a Felony in Wisconsin?
Wisconsin criminal law has steep penalties for individuals convicted of felony charges. Typically, these individuals face spending significant time in prison and steep fines.
The following is a breakdown of the different classes of felonies and their penalties:
- Class A felony: Life imprisonment
- Class B felony: 60 years in prison
- Class C felony: 40 years in prison and a fine ranging up to $100,000.00 or both
- Class D felony: 25 years in prison and a fine ranging up to $100,000.00 or both
- Class E felony: 15 years in prison and a fine ranging up to $50,000.00 or both
- Class F felony: 12 years and 6 months in prison and a fine of up to $25,000.00 or both
- Class G felony: 10 years in prison and a fine of up to $25,000.00 or both
- Class H felony: 6 years in prison and a fine of up to $10,000 or both
- Class I felony: 3 years and 6 months in prison and a fine of up to $10,000.00 or both
Being convicted of a felony in Wisconsin can cause a defendant to spend a significant amount of time in prison. For this reason, those charged with a felony criminal offense must contact an experienced criminal lawyer immediately to protect their freedom.
In some cases, our criminal defense lawyers have been able to have felony charges dropped or reduced. However, the process to try and have felony charges thrown out or charges reduced is overly complex and requires the help of a skilled criminal defense attorney.
Our criminal defense attorneys have a proven track record of obtaining favorable client results. Do not leave your future to chance and risk being convicted of a felony or other charge that will remain on your criminal record.
Our legal team would be honored to review the facts of your case and create a solid legal strategy in your defense. We can also work alongside prosecutors to try and negotiate a deal that will be favorable to you. A deal may include community service, probation, or paying a fine. Of course, every case is unique, and any potential outcome will depend on the facts and circumstances of the case.
Why Should I Consider Hiring Your Criminal Defense Law Firm?
Being arrested and charged with a felony or misdemeanor offense is frightening for individuals, as they are uncertain about what will happen next in the criminal justice process. Many defendants wonder if they should just plead guilty to get it over with and try to resume their lives.
However, if you have been charged with a crime, you must first consult with a highly experienced criminal defense attorney. In many cases, the prosecution’s case may be very weak. As a result, our skilled attorneys can use their legal knowledge to poke holes in the case and ask that your charges be dismissed.
However, suppose your criminal charges do not qualify to be dropped or dismissed. In that case, our attorneys will work alongside the assistant district attorney to negotiate a plea to help you avoid a jury trial or a lengthy prison sentence.
Additionally, our Wisconsin criminal defense lawyers can review your case and file an appeal on your behalf if it can be determined that you previously had ineffective counsel or if new evidence is discovered. Our Wisconsin criminal defense lawyers are passionately committed to seeking justice for our clients and will work diligently to protect your legal rights.
Book a Free Consultation Today
Casper Mehlos Law Group, of Madison, Wisconsin, is a criminal defense law firm that believes individuals may make poor decisions, but everyone deserves a second chance. We will gladly sit down, listen to your side of the story, and answer your legal questions. If our Wisconsin criminal defense attorneys decide to take your case, we will vigorously advocate on your behalf to reach a favorable resolution.
Contact our law office and ask to schedule a free, no-obligation consultation to discuss your case and learn about your legal options.
Frequently Asked Questions
Can I Be Charged with a Crime in Both State and Federal Courts?
Yes. Certain offenses, particularly drug charges, sex crimes, fraud, and firearms violations, can be prosecuted in both Wisconsin state courts and federal courts simultaneously. Federal cases carry different sentencing guidelines and often involve harsher penalties. If your case involves federal charges, you need a criminal defense attorney with experience navigating both court systems. Our Madison, WI attorneys have defended clients in Wisconsin courtrooms and federal courts throughout the surrounding area.
What Should I Do If I’m Under Investigation but Haven’t Been Arrested Yet?
Do not speak with police or investigators without a criminal defense lawyer present. Many people make the mistake of cooperating fully during an investigation, believing it will help their situation. In reality, anything you say can become evidence used to build a case against you. If you learn you’re under investigation for any criminal offense, whether it involves drug charges, domestic abuse, sexual assault, or fraud, contact our law offices immediately. Early legal intervention can sometimes prevent charges from being filed at all.
How Is First-Degree Sexual Assault Different from Other Sex Crimes in Wisconsin?
First-degree sexual assault is the most serious sex crime under Wisconsin law, classified as a Class B felony carrying up to 60 years in prison. It applies when sexual contact or intercourse occurs through the use or threat of force, causes injury, or involves a weapon. Other degrees of sexual assault charges carry lesser but still severe penalties. These cases require a defense attorney with specific expertise in challenging forensic evidence, witness credibility, and the prosecution’s narrative. Our criminal attorneys have defended clients against the full range of sex crimes accusations in Dane County and throughout Wisconsin communities.
Will My Criminal Record Be Public If Charges Are Dismissed?
Even dismissed charges may appear on your record unless you take steps to have them expunged. Wisconsin law allows expungement in limited circumstances, and the request must typically be made at sentencing for eligible offenses. A case dismissal does not automatically remove the arrest record from public databases. Our criminal defense attorneys can advise you on whether your situation qualifies for expungement and handle the process to protect your reputation and future.
Can Evidence Be Thrown Out of My Case?
Yes. If law enforcement violated your constitutional rights during the investigation or arrest, a defense attorney can file a motion to suppress illegally obtained evidence. Common grounds include searches conducted without a warrant or probable cause, improperly administered breath or blood tests in OWI charges, coerced confessions, and failure to read Miranda rights. Successfully challenged evidence can lead to reduced charges or complete dismissal.
How Soon After an Arrest Should I Hire a Criminal Defense Attorney?
Immediately. The hours and days following an arrest are critical. Evidence is being gathered, witnesses are being interviewed, and prosecutors are building their case. The sooner your criminal attorney begins reviewing evidence, identifying weaknesses in the prosecution’s case, and developing a defense strategy, the stronger your position. Our law firm offers a free consultation so you can get experienced criminal defense representation working for you without delay.
What Should I Do During an Initial Appearance in Dane County?
Your initial appearance is one of the most consequential early stages of a criminal case, and you should have an attorney present if at all possible. During an initial appearance in Dane County, a court commissioner will inform you of the charges filed against you, advise you of your constitutional rights, and make a determination regarding bail or conditions of release. In felony cases, you are not required to enter a plea at this stage. It is important to remain calm, speak only when directly addressed by the court, and avoid making any voluntary statements about the facts of your case. If you have not yet retained a defense attorney before your initial appearance, contact Casper Mehlos Law Group as soon as possible so that we can begin protecting your rights from the earliest stage of the process.
What Rights Do I Have If Police Want to Question Me?
You have the right to remain silent, and during custodial interrogation, the right to have an attorney present before and during questioning. These protections are grounded primarily in the Fifth Amendment, with Sixth Amendment protections applying after formal charges and only to the charged offense. You are not obligated to answer questions beyond providing basic identifying information in certain circumstances, and you may invoke your right to silence at any point during an interaction with law enforcement. Politely but clearly stating that you wish to speak with an attorney before answering questions is both your right and, in most situations, the wisest course of action. Once you invoke your right to counsel during custodial interrogation, police are required to stop questioning you until your attorney is present. Do not assume that being cooperative without a lawyer will result in more favorable treatment. Contact our Madison criminal defense attorneys immediately if police have approached you for questioning.
How Does a Criminal Charge Impact My Background Check in Wisconsin?
In Wisconsin, an arrest or criminal charge, even one that does not result in a conviction, can appear on background checks conducted by employers, landlords, licensing boards, and other parties. This is because criminal case records are often accessible through public court databases. A charge that is ultimately dismissed or resolved through a not-guilty verdict does not automatically disappear from these records. Depending on your age at the time of the offense and the nature of the charge, you may be eligible to petition for expungement under Wisconsin law, which can limit public access to the record. Beyond expungement, certain sealing procedures may apply in limited circumstances. The long-term consequences of a criminal charge on your background record make it essential to work with a skilled defense attorney from the beginning. Our legal team can advise you on both the defense of your case and the steps available to protect your record going forward.
