Wisconsin Criminal Defense — Free 24/7 Legal Hotline

Criminal Defense in Wisconsin — what to do right now

Right now, do one thing: stop talking to police and invoke your rights out loud — say 'I am going to remain silent and I want a lawyer,' then stop. In Wisconsin, after a warrantless arrest a judge must determine probable cause within 48 hours, and your first court date (the initial appearance under Wis. Stat. § 970.01) is where bail and release conditions get set — so you want to understand your exposure before you stand there. Don't post bond or sign anything until you know the charge class. Call 1-844-690-0555 free, around the clock, and get the facts for your exact situation before the next hearing.

The law in Wisconsin: Criminal Defense

Wisconsin runs every adult criminal case — from a Class C misdemeanor to a homicide — through one trial court: the Wisconsin Circuit Court in the county where the charge is filed. There is no separate 'misdemeanor court' and 'felony court'; busy counties like Milwaukee and Dane simply staff a Criminal Division. A court commissioner often handles the first steps — the initial appearance under Wis. Stat. § 970.01, setting bail and conditions of release under Wis. Stat. § 969.01, and sometimes the preliminary examination. Appeals go to the Wisconsin Court of Appeals (four districts), with discretionary final review by the Wisconsin Supreme Court.

Whether you're charged with a misdemeanor or a felony decides almost everything that follows. Misdemeanors are graded into three classes under Wis. Stat. § 939.51 — Class A tops out at 9 months and $10,000, Class C at 30 days and $500. Felonies are graded into nine classes (A through I) under Wis. Stat. § 939.50, which sets the statutory maximum prison and fine for each — Class A is life, Class I tops out at 3 years 6 months. Felonies trigger a probable-cause hearing called the preliminary examination under Wis. Stat. § 970.03; misdemeanors do not. If you're in custody with bail fixed over $500, that prelim must commence within 10 days of the initial appearance; if you've been released, within 20 days.

What you actually face is rarely the raw statutory maximum. Wisconsin is a Truth-in-Sentencing state under Wis. Stat. § 973.01: every felony prison sentence is bifurcated into a term of initial confinement plus a term of extended supervision, and under § 973.01(6) there is no parole — the confinement number is served in full before supervision begins. On top of that, the 'repeater' enhancer under Wis. Stat. § 939.62 can add years to the maximum if you have a prior felony within five years, or three separate misdemeanors within five years — and that five-year clock pauses while you're incarcerated.

If you can't afford a lawyer, the Wisconsin State Public Defender (a state agency under Wis. Stat. ch. 977, not a court) screens for indigency and assigns counsel — but the income and asset limits are strict, so apply early. Juveniles under 18 are handled on a separate track in the Circuit Court's juvenile system under Wis. Stat. ch. 938. None of this is legal advice and a call to us creates no attorney-client relationship — but understanding which class, which court, and which deadline applies to you is exactly what the free hotline is built to explain. Call 1-844-690-0555.

Key Statutes

Wis. Stat. § 939.50 — nine felony classes (A–I) and their maximum prison/fine
Wis. Stat. § 939.51 — three misdemeanor classes (A, B, C)
Wis. Stat. § 973.01 — bifurcated 'Truth-in-Sentencing': confinement + extended supervision, no parole
Wis. Stat. § 939.62 — the 'repeater' habitual-criminality enhancer
Wis. Stat. § 973.015 — expunction (must be ordered at sentencing; offense max 6 years, under-25 cap)

Courts & Agencies

Wisconsin Circuit Court — single trial court for all adult criminal cases (bail, prelims, trials, sentencing)
Court commissioners — often run the initial appearance and set bail
Wisconsin Court of Appeals / Wisconsin Supreme Court — appellate review
Wisconsin State Public Defender (ch. 977) — screens indigency, assigns counsel
Circuit Court juvenile system (ch. 938) — for those under 18

Penalties & Deadlines

48 hours — judicial probable-cause determination after a warrantless arrest
10 days (in custody, bail over $500) / 20 days (released) — preliminary examination (§ 970.03)
20 days after sentencing — notice of intent to pursue postconviction relief / appeal (Wis. Stat. § 809.30)
Class A misdemeanor — up to 9 months jail and/or $10,000; Class I felony — up to 3 yrs 6 mo and/or $10,000
Expunction must be ordered AT sentencing — there is no later petition under current law

In Wisconsin, expunction happens at sentencing — or it never happens at all

Most people assume they can clean up a record 'later, once life settles down.' In Wisconsin, that assumption is a trap. Under Wis. Stat. § 973.015, a judge can order expunction only at the original sentencing hearing — you cannot come back months or years afterward and petition. Miss that moment and the record is permanent. The eligibility is narrow too: the offense maximum must be six years or less (so misdemeanors plus Class H and Class I felonies, with carve-outs for certain violent offenses), and you must have been under 25 when you committed the crime. Bipartisan reform to allow a later petition was stripped from the 2025–27 state budget (signed as 2025 Wisconsin Act 15), so the at-sentencing rule still governs in 2026. If sentencing is anywhere on your horizon, call 1-844-690-0555 before that hearing — not after.

Likely outcomes & penalties

Real Wisconsin exposure depends on the offense class, the bifurcated confinement-plus-supervision structure, and any repeater allegation — not just the headline maximum. These ranges show how the § 939.50/§ 939.51 grid actually works.

Class A misdemeanor (e.g. many theft, battery, and disorderly-conduct-with-priors charges)

Up to 9 months in county jail and/or up to $10,000 — the most serious misdemeanor tier under § 939.51. Often resolved by negotiated plea, deferred-prosecution agreement, or probation rather than the maximum.

Lower felonies — Class H and Class I

Class H: up to 6 years and/or $10,000. Class I: up to 3 years 6 months and/or $10,000. Under § 973.01 any prison term splits into initial confinement (served in full) plus extended supervision — and these are the only felony classes low enough (6-year max) to still be expunged if you were under 25.

Mid and upper felonies — Class C through F

Maximums climb steeply: Class F up to 12 yrs 6 mo / $25,000; Class E up to 15 yrs / $50,000; Class D up to 25 yrs / $100,000; Class C up to 40 yrs / $100,000. The confinement portion is served with no parole.

Repeater enhancement (§ 939.62)

A prior felony within 5 years — or three separate misdemeanors within 5 years — can lift the maximum term by up to 2, 4, or 6 years depending on the base penalty, and the 5-year window pauses during any time you spent incarcerated. A repeater allegation is charged in the complaint, so it can be on the table from day one.

Mistakes to avoid

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Assuming a 'misdemeanor' is no big deal — a Class A misdemeanor in Wisconsin still carries up to 9 months in jail and a $10,000 fine, and the conviction can later count toward the repeater enhancer on your next charge.

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Talking to detectives 'to clear it up' before the initial appearance, instead of staying silent and asking for a lawyer — what you say in those first 48 hours is often the strongest evidence the State has.

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Waiting to ask about expunction until after sentencing, not realizing that under § 973.015 a Wisconsin judge can only order it at the sentencing hearing itself — miss it and the record is permanent.

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Treating the preliminary examination as a rubber stamp and letting the 10-day (in custody) or 20-day (released) window pass, when a prelim is where the State has to show probable cause for the felony bind-over.

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Pleading or posting bond without understanding the felony class — so you never learn that a Truth-in-Sentencing prison term is served in full with no parole, or that a repeater allegation has quietly inflated your maximum.

How it works

Call 1-844-690-0555 — free, 24/7. No income test, no web form, no waiting for business hours. Call from the jail phone, the parking lot, or your kitchen table. You'll reach a free AI legal assistant the moment you need it, in plain English (and Spanish where needed).

Get answers grounded in Wisconsin + federal law. The assistant is trained on Wisconsin's criminal code, the single Circuit Court process, the 48-hour and 10/20-day clocks, the A–I felony grid, the repeater enhancer, and your federal constitutional rights. It gives you legal information — not legal advice — so you understand the charge, the deadlines, and your options. This call creates no attorney-client relationship.

Get matched with a Wisconsin criminal defense attorney if you want one. If your situation calls for a defense lawyer, we can help you book a paid consultation with a Wisconsin-licensed criminal defense attorney. You decide whether to take that step — there's no pressure and no obligation.

Free & low-cost Criminal Defense help in Wisconsin

If money is tight, Wisconsin has real, free or low-cost help for criminal matters and records — start here. The free hotline at 1-844-690-0555 can help you figure out which of these fits your situation.

Wisconsin State Public Defender (SPD)

The state agency that screens for indigency under Wis. Stat. ch. 977 and appoints defense counsel for those who qualify. Eligibility is tied to income and assets, so apply as early as possible after arrest.

State Bar of Wisconsin Lawyer Referral & Information Service (LRIS)

The official State Bar referral service connects you with a Wisconsin attorney; if you mention the referral, your first 30-minute consultation is capped at $20, after which the lawyer sets normal fees. It also runs a Modest Means Program. Toll-free (800) 362-9082; Madison/out-of-state (608) 257-4666.

Marquette University Law School Legal Clinics

Milwaukee-based law-school clinics, including expungement and criminal-record work — practical help with clearing eligible records and re-entry barriers.

UW Law School — Frank J. Remington Center / LAIP

The University of Wisconsin Law School's postconviction, re-entry, and Legal Assistance to Institutionalized Persons projects, serving people in the criminal-justice system and in custody.

Legal Action of Wisconsin

The state's largest civil legal-aid firm (Judicare merged in on Jan 1, 2026, making it fully statewide). Criminal-adjacent help with re-entry, record/expungement barriers, and benefits affected by a conviction. Statewide intake (855) 947-2529.

Wisconsin State Law Library

State-funded law library in Madison, with Milwaukee and Waukesha branches, offering free public legal-research help plus expungement and criminal-procedure forms and a curated legal-assistance directory.

Wisconsin Court System Self-Help

The official judiciary self-help resources and forms — useful for understanding Circuit Court procedure, deadlines, and what to expect at each stage if you're self-represented.

FAQ — Criminal Defense in Wisconsin

I was just arrested in Wisconsin and not charged yet — how long can they hold me?

After a warrantless arrest, a judge must make a probable-cause determination within 48 hours; past that window the State has to show a bona fide emergency or extraordinary circumstance. That clock moves fast and is easy to misread. Call 1-844-690-0555 and get the timeline explained for your county before it lapses.

What's the difference between a misdemeanor and a felony in Wisconsin?

Misdemeanors fall into three classes under § 939.51 (a Class A caps at 9 months jail, a Class C at 30 days); felonies fall into nine classes A–I under § 939.50, with maximums from life down to 3 years 6 months, and only felonies trigger a preliminary examination. Which one you're facing changes everything. Call 1-844-690-0555 free to find out where your charge sits.

How much prison time does a Class H felony carry in Wisconsin?

A Class H felony carries up to 6 years and/or a $10,000 fine — but because of Truth-in-Sentencing under § 973.01, any prison term is split into initial confinement (served in full, no parole) plus extended supervision. Your real exposure depends on the facts and any repeater allegation. Call 1-844-690-0555 to understand yours.

Do I qualify for a public defender in Wisconsin?

The State Public Defender screens for indigency under ch. 977, and the income and asset limits are strict — many working people don't qualify and end up needing private counsel or a referral. Apply early either way. Call 1-844-690-0555 and we'll help you understand your options if you fall over the line.

Can I expunge my Wisconsin record after the case is over?

Usually no — and this surprises people. Under § 973.015, a Wisconsin judge can only order expunction at the original sentencing hearing, and you must have been under 25 with an offense maxing at six years or less. There's no later petition under current law. Call 1-844-690-0555 before sentencing, while it can still be raised.

What is the 'repeater' enhancer and could it apply to me?

Under § 939.62, a prior felony within 5 years — or three separate misdemeanors within 5 years — lets prosecutors raise your maximum term by up to 2, 4, or 6 years, and the clock pauses while you're incarcerated. It's charged right in the complaint, so it can be on the table from day one. Call 1-844-690-0555 to check whether a repeater allegation is inflating your exposure.

My son was arrested in Wisconsin and he's under 18 — is that different?

Yes. Those under 18 are generally handled in the Circuit Court's juvenile system under ch. 938 — a separate track from adult criminal court, with different procedures and outcomes. Some serious cases can still be waived into adult court. Call 1-844-690-0555 and we'll explain how the Wisconsin juvenile process works.

There's a warrant out for my arrest in Wisconsin — what should I do?

An outstanding warrant doesn't expire on its own, and getting picked up unexpectedly is the worst-case version. Understanding the charge class and your options before you act matters a great deal. Call 1-844-690-0555 free, 24/7, to talk through what the warrant likely means and what steps make sense.

Does Wisconsin have a 'stand your ground' law if I defended myself?

No — Wisconsin is not a stand-your-ground state. Outside your home, vehicle, or business, a jury may weigh whether you could have retreated when judging whether your force was reasonable under § 939.48; the castle doctrine in § 939.48(1m) removes that retreat question only inside those places. It's a narrow protection. Call 1-844-690-0555 to understand how it applies to your facts.

How long do I have to appeal a Wisconsin conviction?

The deadlines are short and unforgiving — under Wis. Stat. § 809.30 you generally have only 20 days after sentencing to file a notice of intent to pursue postconviction relief or appeal, which starts the whole process. Miss it and your options narrow fast. Call 1-844-690-0555 to understand the postconviction clock before it runs.

Is the call really free, and are you a law firm or public defender?

The call is genuinely free, 24/7, with no income test. We are not a law firm and not the public defender — we give legal information, not legal advice, and the call creates no attorney-client relationship. If you want a lawyer, we can help you book a paid consultation with a Wisconsin-licensed attorney. Call 1-844-690-0555.

Are you a Wisconsin criminal defense attorney? Join our network.

We connect frightened, motivated Wisconsin defendants — people facing initial appearances, felony prelims, repeater allegations, and at-sentencing expunction deadlines — with licensed criminal defense counsel across Milwaukee, Madison, Green Bay, Kenosha, Racine, Appleton, Waukesha, Oshkosh, Eau Claire, La Crosse and statewide. If you're a Wisconsin-licensed criminal defense lawyer who wants vetted, ready-to-consult referrals, get in touch about joining our network. (This is for attorneys only — if you need help with a case, call 1-844-690-0555.)

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Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Arrested or charged in Wisconsin? Understand the next 48 hours before you say anything.