In Wisconsin, a misdemeanor is any crime with a maximum sentence of less than one year in a county jail. Common misdemeanors include theft, disorderly conduct, battery, possession of marijuana, trespassing, DUI, hit and run, and obstructing or resisting an officer. Wisconsin law provides three categories of misdemeanors. The maximum sentences for misdemeanors are as follows: 

Class A Misdemeanor:  9 months in jail and a $10,000 fine

Class B Misdemeanor:  90 days in jail and a $1,000 fine

Class C Misdemeanor:  30 days in jail and a $500 fine 

If you or a loved one is facing misdemeanor charges in Wisconsin, call or email Attorney Andrew Walter for a free consultation today. 

Protecting Your Freedom and Record 

There are several alternatives available to avoid jail and a permanent criminal record. A skilled criminal defense lawyer may be able to negotiate with the District Attorney for a reduction to a non-criminal offense, called a forfeiture. A forfeiture resolution means you will not have a criminal record that could haunt you when applying for employment or professional licenses. You will not serve jail time for a forfeiture level offense. 

A deferred prosecution agreement between the defendant and District Attorney allows for dismissal of the charges if the defendant complies with certain conditions, typically staying out of trouble for a certain period and attending treatment. In a deferred adjudication, the defendant will enter a guilty plea but the court then stops the case pending the defendant’s completion of certain conditions. If the defendant meets all conditions, the court will dismiss the case. 

Probation is available as an alternative to jail for most misdemeanor convictions. If the court places you on probation, you will have to meet with your probation agent and comply with a set of rules designed to ensure that you do not re-offend. Common conditions include full time employment or school, abstain from alcohol and drug use, comply with all laws, and pay any fines and restitution in a timely manner. 

Expungement is available for many misdemeanors at the discretion of the judge. Expungement means that the court seals the record after you complete certain conditions, usually successful completion of probation. An expunged record is not available to the public, although law enforcement and the courts still have access to expunged records. 

You may wish to decline any plea agreement offers and exercise your right to a jury trial. You should not be afraid to go to trial if you have defenses or the District Attorney does not offer a satisfactory plea agreement.  

The Misdemeanor Court Process 

The first important issue after an arrest or summons is setting the bond or bail. The judge or court commissioner will determine whether to release you during your case and the conditions of your release. The judge can allow a signature bond, which requires that you pledge to pay a certain amount of money if you do not obey the requirements of your bond. The judge may order you to pay cash bail to secure your release. Whether to order a signature bond or require cash bail depends upon your prior record, ties to the community, history of missed court dates or fleeing police, danger to the community, and the seriousness of the charges. If possible, you should consult with a criminal defense lawyer before your bond hearing so that the lawyer can prepare an argument for a less restrictive signature bond. If you already have a bond, a lawyer can file a motion to reduce your cash bail or eliminate any restrictive conditions.  

Initial Appearance or Intake Court 

The purpose of the Initial Appearance is to ensure your identity and that you understand the charges against you. The Initial Appearance also serves as the Arraignment, where you will enter a plea of either guilty or not guilty. You should have an attorney before your Initial Appearance to ensure that you do not waive any defenses or defects in the case. 

Motion Hearing or Status Hearing 

Hearings after the Arraignment include hearings to determine motions and Status Hearings to determine the status and future scheduling of the case. A Motion Hearing is where the judge decides on any motions filed by your attorney or the District Attorney. These hearings often involve witnesses and presentation of exhibits. The outcome of a Motion Hearing often critically influences the outcome of the case. The main purpose of Status Hearings is determining if the case is likely to settle or go to trial. If your attorney negotiates a satisfactory plea agreement, you will enter the agreement at a Status Hearing. 

Jury Trial or Bench Trial 

You are entitled to a 12-person jury trial. The District Attorney must prove the case against you beyond a reasonable doubt. The jury must reach a unanimous verdict. In the alternative, you may choose a bench trial, which is trial without a jury. The judge determines the outcome of your case in a bench trial. Whether to choose a jury trial or bench trial requires the expertise of an experienced criminal defense lawyer. 

Sentencing 

Upon any conviction, whether because of a plea agreement or conviction at trial, the judge will impose your sentence. Even if you have an agreement with the District Attorney, the judge has the final decision. Your lawyer should prepare evidence regarding your character, the seriousness of the offense, and whether you present a risk to the community. The judge may sentence you to jail, give you a fine, or place you on probation.  

What You Can Do 

You should meet with your attorney as soon as possible to discuss the evidence in your case. You should tell your attorney about witnesses or documents that you have or know about that may help your defense. Attorney Walter talks to all clients about the need to document positive contributions to the community. Whether arguing for reduced charges or probation, you want to give the judge and District Attorney enough information to see that you are not a risk to the community. We will make a list of all evidence of your good character including your education, your employment history, any volunteer work, helping friends and neighbors, and anything else that suggests you are a good citizen who made a mistake. We are all flawed, but the criminal justice system is mainly about future protection for the community. Andrew also discusses treatment or counseling with many clients, particularly anyone involved in a drunk driving or drug case. In these cases, Andrew’s experience is that judges recognize and reward anyone who recognizes a problem and takes positive action to make sure they do not return to criminal court.