The Sixth Amendment of the U.S. Constitution guarantees individuals accused of a crime the right to, among other things, a speedy and public trial, an impartial jury and a lawyer. Criminal defense lawyers specialize in representing individuals and entities charged or about to be charged with crimes. Many hold expertise in one or more areas of criminal law.
Wisconsin recognizes two types of crimes: felonies, usually punishable by fines and imprisonment in state prison for at least one year, and misdemeanors, which may be punishable by fines and imprisonment in a county jail for up to a year.
Felony crimes in Wisconsin include:
· Armed robbery
· Assault and battery
· Burglary
· Computer-related offenses
· Drug charges
· Drunk driving
· Fraud
· Homicide
· Money laundering
· Sexual assault
Misdemeanor crimes in Wisconsin include:
· Intentional damage or attempt to damage a natural resource
· Intoxicated operation of an all-terrain vehicle
· Failure to file income taxes
· Employer failure to pay wages due
· Sale of alcohol to an intoxicated person
· Use of firearms near a public park
What Does a Criminal Defense Attorney Do?
If you are charged with a felony or misdemeanor in Milwaukee, you should consider finding the best criminal attorney for your situation. A criminal defense attorney will:
- Interview their client and witnesses to gather information
- Research to develop a defense
- Analyze evidence presented against their clients
- Draft, file and argue motions in court on behalf of their clients
- Contact and prepare witnesses to testify
- Negotiate potential plea bargains with the prosecution
Public Defenders vs. Private Criminal Attorneys
A criminal defense attorney may be a private attorney, such as those listed in this article, or a public defender provided by the state of Wisconsin. All attorneys must adhere to the Wisconsin State Bar’s Client’s Bill of Rights, which details clients’ rights in the attorney-client relationship.
Wisconsin licensed attorneys must pledge to honor promises such as:
- Confidentiality. With some exceptions, an attorney and their staff cannot reveal most of what clients or prospective clients say or show them.
- Full fee disclosure. An attorney must disclose all information about their billing procedures. Some attorneys do not charge for initial consultations.
- Regular updates on the case. Though attorneys handle multiple cases simultaneously, they must still answer your questions and return calls within a reasonable amount of time. An attorney must also inform clients of new developments like settlement offers.
Private Attorney’s Fees
Private attorneys generally bill clients using one of four fee arrangements:
- Hourly fee. Lawyers can charge hourly, so more extensive cases will be more costly than shorter, simpler cases.
- Contingency fee. The client agrees to pay the attorney a percentage of the total amount recovered in a trial or settlement. While you do not pay the attorney fees if the lawyer loses your case, you may still pay administrative costs.
- Flat fee. The parties agree on a flat fee for a specific legal service.
- Statutory fee. This is a fee the state sets in certain areas of law, such as worker’s compensation cases.
Public Defenders
Private criminal defense attorneys may not be affordable for everyone. The Wisconsin State public defender’s office (SPD) assigns qualified attorneys to eligible applicants who specialize in criminal defense. Public defenders are held to the same professional standards as private attorneys. However, public defenders usually have a much larger caseload than private attorneys.
The SPD determines an applicant’s financial eligibility for a public defender based on factors like family size, income, assets and the type of case for which the applicant seeks representation. Wisconsin state law mandates that clients pay the SPD fees for representation based on the statute the client is charged with.
During initial consultations, SPD staff inform clients of their assessed fee amount. If a client is charged under more than one statute, they will be assessed more than one fee accordingly. Fees are not waived based on a client’s financial situation, but repayment can be deferred.
Should You Represent Yourself In a Criminal Case?
Because hiring a private attorney or working with a public defender can be expensive, some people opt to represent themselves in court. In criminal defense cases, however, the stakes can be high, and a conviction may result in hefty fines and prison time.
Individuals considering representing themselves in court need to understand the responsibilities involved. Self-represented defendants must:
- Adhere to the same standards and rules as attorneys. Self-represented defendants must appear in court and file paperwork on time. Failure to do so could result in an unfavorable ruling.
- Understand the legal process. Legal proceedings are complex and involve making many decisions that can affect the case’s outcome. Attorneys with thorough knowledge of the legal system will represent the prosecution.
- Do all the legwork. Mounting a defense involves gathering evidence, formatting this evidence properly, completing detailed legal forms and researching applicable statutes and rules of procedure. While court staff can answer procedural questions, they cannot give legal advice.
- Represent themselves at court hearings. Defendants representing themselves must attend all hearings and present their case clearly and logically before a judge and/or jury.