Frequently Asked Questions
Criminal charges raise a lot of questions. Below are answers to common questions people have about criminal cases in Wisconsin. If you need advice about your specific situation, contact Raff Law for a confidential consultation.
Arrest and Investigation
If you are arrested, stay calm and do not resist the officers. You have the right to remain silent and the right to ask for an attorney. It is usually best not to answer questions about the incident until you have spoken with a lawyer. Anything you say can potentially be used against you in court. Contacting a criminal defense attorney as soon as possible can help you understand your rights and the next steps in the process.
No. You have a constitutional right to remain silent and you are not required to answer questions from law enforcement. Many people believe they can explain their way out of trouble, but statements made to police can often be used later as evidence. Even innocent comments can sometimes be misunderstood or taken out of context. If you are questioned by police, you can politely say that you would like to speak with a lawyer before answering any questions.
In many situations, police need a warrant to search property, but there are exceptions when it comes to vehicles. Officers may be able to search a car if they have probable cause to believe it contains evidence of a crime. They may also search a vehicle if you give consent or in certain situations following an arrest. Because these rules can be complicated, whether a search was lawful often depends on the specific facts of the situation.
Criminal Charges
The main difference between a misdemeanor and a felony is the seriousness of the offense and the potential penalties. Misdemeanors generally carry a maximum penalty of up to one year in jail. Felonies are more serious crimes and can result in longer prison sentences. Felony convictions can also have greater long-term consequences, including effects on employment opportunities and certain civil rights.
An initial appearance is usually the first court hearing after criminal charges are filed. At this hearing, the judge informs the defendant of the charges and explains their rights. The court also addresses bail and any conditions of release. Future court dates are typically scheduled at this stage of the case.
A preliminary hearing is a court hearing in felony cases where a judge determines whether there is probable cause to believe the defendant committed a felony. The prosecutor presents evidence and may call witnesses to support the charges. The defense has the opportunity to cross-examine those witnesses but typically does not present its own evidence. If the judge finds probable cause, the case moves forward to the next stage of the criminal process.
The length of a criminal case can vary depending on the type of charge and the complexity of the case. Some cases resolve in a few months, while others may take a year or longer if there are hearings, negotiations, or a trial. Court schedules and the amount of evidence involved can also affect the timeline.
Bail and Pretrial Release
Bail refers to the conditions set by a court that allow a person charged with a crime to remain out of jail while the case is pending. These conditions may include paying money, signing a bond, or following certain restrictions. Courts often impose rules such as avoiding new criminal activity or having no contact with certain individuals. The purpose of bail is to ensure that the defendant returns to court and follows the law while the case is ongoing.
Violating bail conditions can lead to additional criminal charges. In Wisconsin, this is often referred to as bail jumping. Depending on the situation, bail jumping may be charged as either a misdemeanor or a felony. The court may also revoke the defendant’s release and order them back into custody while the case is pending.
Yes, bail conditions can sometimes be modified. A defendant or their attorney may request a bail modification hearing and ask the court to change certain restrictions. The judge will consider factors such as public safety, the seriousness of the charges, and the defendant’s history of following court orders. Not all requests are granted, but courts do have the authority to adjust bail conditions when appropriate.
Case Outcomes
A plea deal, also called a plea agreement, is a negotiated resolution between the defense and the prosecution. In many cases, the defendant agrees to plead guilty or no contest to certain charges. In return, the prosecutor may agree to reduce charges or make a particular sentencing recommendation. Plea agreements resolve many criminal cases without the need for a trial. The decision whether to accept a plea deal ultimately belongs to the defendant.
Yes, criminal charges can sometimes be dismissed. Dismissals may occur if there are legal problems with the evidence, weaknesses in the prosecution’s case, or violations of a defendant’s rights. In some cases, charges may also be dismissed as part of a negotiated resolution. Whether dismissal is possible depends on the specific facts and circumstances of the case.
At trial, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. The prosecutor presents evidence and calls witnesses to support the charges. The defense has the opportunity to challenge that evidence through cross-examination and by presenting its own witnesses or arguments. At the end of the trial, a judge or jury determines whether the defendant is guilty or not guilty.
A deferred prosecution agreement allows a criminal case to be paused while the defendant completes certain conditions, such as counseling, treatment, or remaining law-abiding. If the conditions are successfully completed, the charges are usually dismissed. If the conditions are violated, the prosecutor can resume the case and move forward with the charges. Whether a deferred prosecution agreement is available depends on the facts of the case and the prosecutor’s discretion.
In some cases, Wisconsin law allows certain criminal convictions to be expunged, which means the record can be removed from public view after the sentence is successfully completed. Expungement is generally limited to certain offenses committed before the age of 25 and must usually be ordered by the judge at the time of sentencing. Not all crimes qualify, and the decision to grant expungement is up to the court. If expungement is ordered, the conviction may be sealed once all conditions of the sentence have been satisfied. Because the rules are specific and must often be addressed early in a case, it is important to discuss the possibility of expungement with a defense attorney.
Hiring a Lawyer
It is usually best to speak with a criminal defense attorney as early as possible. Early legal advice can help protect your rights and prevent mistakes that could affect your case. An attorney can also help you understand the charges and what to expect from the legal process. Getting legal guidance early often leads to better preparation and stronger defense strategies.
The cost of a criminal defense attorney depends on factors such as the type of charge, the complexity of the case, and how much time and investigation may be required. At Raff Law, most cases are handled using a flat fee so clients know the cost upfront rather than worrying about hourly billing. The total fee is typically divided into two payments: 50% is due when the case begins, and the remaining balance is due 90 days later. This structure allows clients to plan for the cost of their defense while ensuring their case receives the time and preparation it deserves. During a consultation, we can explain the expected fee for your specific situation.
In many criminal cases, the defendant will need to appear in court for certain hearings. These may include the initial appearance, motion hearings, and possibly a trial if the case does not resolve beforehand. In some situations, a lawyer may be able to appear on a client’s behalf for certain proceedings, but this depends on the type of charge and the stage of the case. Courts often require the defendant to be present for important hearings where rights are explained or decisions are made about the case.
When choosing a criminal defense lawyer, it is important to look for someone with experience handling cases similar to yours and who regularly practices in criminal court. A lawyer who is familiar with the local courts, judges, and procedures can often navigate the process more effectively. You should also look for someone who communicates clearly, answers your questions, and takes the time to explain your options. Criminal cases can have serious consequences, so it is important to hire an attorney who is thorough, prepared, and focused on protecting your rights. A consultation can help you determine whether the lawyer is the right fit for your situation.