1. Christopher T. Van Wagner, S.C.
Practice Focus: Criminal defense, sex crimes defense, OWI/DUI defense, white collar crimes, homicide defense
Case Types Handled: Sex offenses (sexual assault, child sexual assault), homicide, drug crimes, OWI/DUI (including first offense through felony), white collar crimes, theft, assault, domestic violence, weapons charges, federal crimes
Legal Services: Trial defense, jury trials, motion practice, preliminary hearings, plea negotiations, appeals, post-conviction relief
Background: Christopher Van Wagner has practiced criminal defense for over 30 years. He began his career as a prosecutor in New Jersey and later served as a federal prosecutor in Wisconsin, which provides him with direct insight into how prosecutors build cases. He earned his law degree and has been admitted to practice before Wisconsin state courts and federal courts. He has been selected to Super Lawyers multiple times, including 2024. His trial record includes numerous acquittals in serious cases, including multiple child sexual assault cases where defendants were found not guilty. The firm provides 24/7 availability for criminal matters.
Location: 1 South Pinckney Street, Suite 700, Madison, WI 53703
Contact: (608) 284-1200 | (608) 620-6239 | https://www.vanwagnerlaw.com/
Consultation: Free case evaluation available, 24/7 availability
2. Tracey Wood & Associates
Practice Focus: OWI/DUI defense, criminal defense, drug crimes, traffic offenses
Case Types Handled: OWI/DUI (all offense levels), drug offenses, felonies, misdemeanors, traffic violations, license revocation matters, refusal hearings
Legal Services: Trial defense, DMV hearings, implied consent hearings, motion practice, jury trials, plea negotiations, appeals
Background: Tracey Wood is the founder and managing attorney of Tracey Wood & Associates. She is a published author on criminal and OWI defense topics and is frequently cited by criminal defense attorneys, prosecutors, and judges in legal publications. The firm has earned recognition for its track record of obtaining dismissals and reduced charges in OWI and criminal cases. The attorneys use a team approach, providing clients access to multiple attorneys at the firm. The firm has been featured in news and media coverage for handling high-profile criminal defense cases in Wisconsin.
Location: 1 South Pinckney Street, Suite 950, Madison, WI 53703
Contact: (608) 661-6300 | https://www.traceywood.com/
Consultation: Free case evaluation available
3. Jasti, Zehawi & Johnson, LLC
Practice Focus: Criminal defense, felony defense, homicide defense, sex crime defense, federal criminal defense
Case Types Handled: First-degree intentional homicide, sexual assault, drug crimes, domestic violence, assault, federal crimes, white collar crimes, disorderly conduct, felonies, misdemeanors
Legal Services: Trial defense, federal court representation, motion practice, preliminary hearings, plea negotiations, constitutional rights litigation
Background: The firm’s founding attorneys have more than 50 years of combined experience in criminal defense. Dailey M. Johnson is a distinguished criminal defense attorney who was selected to Rising Stars by Super Lawyers for 2024. The firm has represented clients on charges ranging from disorderly conduct to first-degree intentional homicide, with extensive experience in drug-related cases and matters involving mental health and addiction issues. The attorneys are known for their in-depth legal knowledge and strategic approach to complex criminal cases.
Location: 131 West Wilson Street, Suite 1200, Madison, WI 53703
Contact: (608) 620-0018 | https://jzjlawyers.com/
Consultation: Free consultation available
4. Chirafisi Law Office
Practice Focus: Criminal defense, homicide defense, sexual assault defense, OWI defense
Case Types Handled: Homicide, sexual assault, drug offenses, OWI/DUI, violent crimes, theft, white collar crimes, felonies, misdemeanors
Legal Services: Trial defense, jury trials, motion practice, preliminary hearings, plea negotiations, appeals
Background: Corey Chirafisi has earned recognition from Super Lawyers for his performance in criminal defense. He is known in Wisconsin as an accomplished criminal defense attorney who handles cases involving both state and federal law. He has represented clients on every type of criminal charge and all levels of drunk driving charges. Attorney Chris Covey practices at the firm with experience in all aspects of criminal defense, with particular focus on homicide and sexual assault cases. The firm has handled multiple high-profile cases in Wisconsin.
Location: 1 East Main Street, Suite 400, Madison, WI 53703
Contact: (608) 310-2200 | https://chirafisilawoffice.com/
Consultation: Consultation available by appointment
5. Mays Law Office, LLC
Practice Focus: Criminal defense, OWI/DUI defense, traffic offenses
Case Types Handled: OWI/DUI (all offense levels), traffic violations, drug charges, assault, domestic violence, theft, felonies, misdemeanors
Legal Services: Trial defense, DMV hearings, occupational license petitions, motion practice, plea negotiations, administrative hearings
Background: Stephen Mays has been named to the Wisconsin Super Lawyers list for criminal defense attorneys, an honor received by only the top 2 percent of attorneys in the state. He has also been named one of Madison’s Top Lawyers in defending against traffic citation and drunk driving charges by Madison Magazine. The firm’s attorneys have over 60 years of combined legal experience representing clients in Madison and throughout Wisconsin. The firm emphasizes making clients comfortable and providing service in a relaxed environment.
Location: 7609 Elmwood Avenue, Suite 101, Middleton, WI 53562 (also serves Madison)
Contact: (608) 833-8333 | https://www.mayslaw.net/
Consultation: Consultation available by appointment
Criminal Defense Regulations in Wisconsin
Attorneys in Wisconsin must be licensed by the Wisconsin Supreme Court and must be members of the State Bar of Wisconsin. The Wisconsin Board of Bar Examiners administers the bar examination and determines eligibility for licensure.
Wisconsin’s Mandatory Continuing Legal Education (MCLE) requirements mandate that attorneys complete 30 hours of CLE every two-year reporting period, including at least 3 hours of ethics or professional responsibility. The State Bar of Wisconsin administers the MCLE program.
Wisconsin does not have a formal board certification program for criminal law specialists. However, attorneys may demonstrate their experience through membership in organizations such as the Wisconsin Association of Criminal Defense Lawyers (WACDL).
The Wisconsin State Public Defender (SPD) provides representation to indigent defendants who cannot afford private counsel. Eligibility is determined by financial screening based on income guidelines. The SPD employs staff attorneys and also contracts with private attorneys to represent indigent defendants. Wisconsin guarantees the right to counsel at the first court appearance.
Wisconsin classifies felonies into nine classes (A through I), with Class A being the most serious (life imprisonment) and Class I being the least serious (up to 3.5 years imprisonment and/or $10,000 fine). Misdemeanors are classified into three classes (A, B, and C), with Class A being the most serious (up to 9 months imprisonment and/or $10,000 fine) and Class C being the least serious (up to 30 days imprisonment and/or $500 fine).
Wisconsin uses a Truth in Sentencing system for offenses committed on or after December 31, 1999. Sentences consist of a period of confinement followed by a period of extended supervision. There is no parole for offenses committed after this date.
Wisconsin does not have the death penalty. The state abolished capital punishment in 1853.
Wisconsin’s expungement law (Wis. Stat. § 973.015) allows expungement of certain criminal records for individuals who were under age 25 at the time of the offense and who successfully completed the terms of their sentence. The court must order expungement at the time of sentencing; it cannot be requested later. Eligible offenses are generally misdemeanors and certain felonies that carry a maximum imprisonment of 6 years or less. Recent legislative changes have expanded expungement eligibility to include some offenses committed before age 25 for which expungement was not ordered at sentencing.
Wisconsin’s OWI (Operating While Intoxicated) laws include penalties that escalate with each offense. A first offense is a civil forfeiture (not a crime) unless a passenger under age 16 is in the vehicle. Second and subsequent offenses are criminal misdemeanors or felonies. Fourth offense and beyond are felonies.
Bail in Wisconsin is governed by Wis. Stat. § 969.01. Judges consider the need to ensure appearance at trial, protect the community, and prevent witness intimidation. Cash bail, signature bonds, and surety bonds are available options. Wisconsin’s constitution prohibits excessive bail.
Frequently Asked Questions
What happens at a first court appearance in Dane County?
After arrest in Dane County, defendants typically appear before a court commissioner or judge within 48 hours (or 72 hours if the arrest occurs on a weekend or holiday). At the initial appearance, the defendant is informed of the charges, advised of constitutional rights (including the right to counsel), and bail or bond conditions are determined. If the defendant cannot afford an attorney, the court will refer the case to the State Public Defender for an eligibility determination. For felony cases, a preliminary hearing must be held within 10 days (20 days if the defendant is not in custody) unless waived. The Dane County Courthouse is located at 215 South Hamilton Street in Madison.
How does bail work in Wisconsin?
Wisconsin’s bail system requires consideration of the defendant’s ability to pay while also ensuring appearance at trial and community safety. Options include: signature bond (no payment required unless defendant fails to appear), cash bond (full amount paid to the court), surety bond (payment through a bail bondsman), and property bond. For most offenses, there is a presumption in favor of release on the least restrictive conditions necessary. However, for certain serious offenses (including crimes charged with domestic abuse), the court must impose a mandatory 72-hour no-contact period. Judges cannot impose bail solely based on ability to pay. Bond can be modified by motion if circumstances change.
What are the penalties for a first OWI in Wisconsin?
A first OWI offense in Wisconsin is a civil forfeiture (not a criminal offense) unless a passenger under age 16 was in the vehicle, which elevates it to a misdemeanor. Penalties for a first OWI include: a fine of $150 to $300 (plus court costs and surcharges), driver’s license revocation for 6 to 9 months, mandatory alcohol assessment, and possible ignition interlock device requirement if BAC was 0.15 or higher. An occupational license (allowing driving for work, school, and other essential activities) is usually available after 30 days. If a minor under 16 was in the vehicle, penalties include up to 6 months in jail and a fine of up to $1,100. Wisconsin has a 10-year lookback period for counting prior offenses.
Can I get my criminal record expunged in Wisconsin?
Wisconsin’s expungement law is more limited than many other states. Traditionally, expungement must be ordered by the court at the time of sentencing and applies only to individuals who were under age 25 at the time of the offense, committed a misdemeanor or certain lower-level felonies, and successfully completed the sentence. Recent legislative changes (2023) have expanded eligibility to allow individuals to petition for expungement of certain offenses committed before age 25 even if expungement was not ordered at sentencing. Certain offenses, including sex offenses requiring registration and violent felonies, are not eligible for expungement. An expunged record is not destroyed but is sealed from public view in most circumstances.
What pretrial diversion programs are available in Dane County?
Dane County offers several alternatives to traditional prosecution. The Dane County District Attorney’s Office operates a deferred prosecution program for eligible first-time offenders, allowing charges to be dismissed upon successful completion of conditions. Drug Court provides intensive supervision and treatment for defendants with substance abuse issues facing drug-related charges. Veterans Treatment Court serves eligible veterans. Mental Health Court addresses defendants whose offenses are related to mental health conditions. OWI Court provides treatment-focused intervention for repeat OWI offenders. Teen Court handles certain juvenile offenses through peer adjudication. Eligibility for these programs depends on the specific charges, criminal history, and other factors determined by the District Attorney. Participation typically requires admission of responsibility and compliance with program requirements.