1. Kim & LaVoy, S.C.
Practice Focus: DUI/OWI defense, drug offenses, sex offenses, internet crimes, domestic violence, white collar crimes, felonies, misdemeanors
Case Types Handled: Felonies, misdemeanors, drunk driving (OWI/DUI), drug offenses, sex crimes, domestic violence, disorderly conduct, battery, homicide, white collar crimes, internet crimes, traffic violations
Legal Services: Trial defense, motion hearings, plea negotiations, license restoration, administrative hearings, jury trials, case investigation, evidence suppression motions, bail hearings
Background: Attorney Julius Kim serves as managing partner. He is a former Assistant District Attorney for Milwaukee County with over 100 jury trials litigated. J.D. from Marquette University Law School (1997). Admitted to Wisconsin State Bar (1997), U.S. District Court Eastern District of Wisconsin, U.S. Court of Appeals Seventh Circuit, and U.S. Supreme Court. AV Preeminent rating from Martindale-Hubbell. Client Distinction Award recipient. Member of Wisconsin Association of Criminal Defense Lawyers, National Association of Criminal Defense Lawyers, Milwaukee Bar Association. Attorney Jonathan LaVoy is partner with similar credentials. Both attorneys recognized as Wisconsin Super Lawyers for seven consecutive years.
Location: 2360 North 124th Street, Suite 200, Wauwatosa, WI 53226 (also serving Milwaukee County)
Contact: (414) 257-2100 | (262) 796-1400 | https://www.kimandlavoy.com
Consultation: Free initial consultation available
2. Van Severen Law Office, S.C.
Practice Focus: Criminal defense exclusively, DUI/OWI, drug crimes, violent crimes, sex offenses, homicide, weapons charges, felonies, misdemeanors
Case Types Handled: Felonies, misdemeanors, homicide, sexual assault, drug crimes, firearms offenses, OWI/DUI, domestic violence, theft, assault and battery, murder, parole and probation violations, expungement
Legal Services: Trial defense, motion practice, plea negotiations, jury trials, evidence suppression, appeals, expungement petitions, bail hearings, pretrial motions
Background: Attorney Benjamin T. Van Severen founded the firm and focuses exclusively on criminal defense. J.D. from Marquette University Law School (2013), B.A. from Marquette University (2010) in Political Science and Criminology. Admitted to Wisconsin State Bar (2013). Member of Wisconsin Association of Criminal Defense Lawyers, National Association of Criminal Defense Lawyers, Milwaukee Bar Association, American Bar Association, Eastern District of Wisconsin Bar Association. Selected to Super Lawyers Rising Stars. Avvo Client’s Choice Award recipient. Reports an acquittal rate three times the state average.
Location: 316 N. Milwaukee Street, Suite 200, Milwaukee, WI 53202
Contact: (414) 270-0202 | https://milwaukee-criminal-lawyer.com
Consultation: Free consultation available
3. Gimbel, Reilly, Guerin & Brown, LLP
Practice Focus: White collar criminal defense, federal criminal defense, state criminal defense, regulatory investigations, professional discipline defense, civil rights, appeals
Case Types Handled: Federal crimes, white collar crimes, drug trafficking, homicide, sexual assault, DUI/OWI, regulatory violations, professional licensing matters, appeals, postconviction relief, habeas corpus
Legal Services: Trial defense, federal court representation, appeals, postconviction motions, sentence modifications, pardon applications, grand jury representation, regulatory defense, professional discipline defense
Background: Attorney Raymond M. Dall’Osto is of counsel to the firm with over 47 years of experience. J.D. from Marquette University Law School (1977), B.A. cum laude from Marquette University (1974). Former Legal Director of ACLU of Wisconsin and former felony trial attorney and director of the State Public Defender’s Milwaukee office. Admitted to Wisconsin, Illinois, U.S. District Courts Eastern and Western Districts of Wisconsin, U.S. Court of Appeals Seventh Circuit, U.S. Supreme Court. Listed in Best Lawyers in America for Criminal Defense (White-Collar and General), Civil Rights, Ethics. Wisconsin Super Lawyers selection 2005-present. AV Preeminent rating from Martindale-Hubbell. Served on State Bar of Wisconsin Board of Governors (2010-2014). Member of Wisconsin Legislature’s Wrongful Conviction Task Force.
Location: 330 East Kilbourn Avenue, Suite 1170, Milwaukee, WI 53202
Contact: (414) 271-1440 | [email protected] | https://www.grgblaw.com
Consultation: Initial consultation available by appointment
4. Schiro Criminal Defense
Practice Focus: Criminal defense exclusively, OWI/DUI defense, sex crimes, drug crimes, domestic violence, white collar crimes, appeals, internet crimes
Case Types Handled: Felonies, misdemeanors, OWI/DUI, drug crimes, sex offenses, domestic violence, assault, homicide, internet crimes, white collar crimes, traffic violations, appeals
Legal Services: Trial defense, plea negotiations, motion practice, appeals, sentence modifications, jury trials, evidence analysis, forensic chromatography analysis for alcohol and drug cases
Background: Attorney John S. Schiro has over 40 years of criminal defense experience since 1980. Founding member of Wisconsin Association of Criminal Defense Lawyers. President’s Club Member of National Association of Criminal Defense Lawyers. Member of National College of DUI Defense Attorneys. Received certificate in forensic chromatography from American Chemical Society (2014) for blood science expertise in alcohol and drug cases. Selected to Wisconsin Super Lawyers in Criminal Defense.
Location: 161 S. 1st Street, Suite 200, Milwaukee, WI 53204 (and 111 East Wisconsin Avenue, Suite 1925, Milwaukee, WI 53202)
Contact: (414) 277-9696 | https://www.schirocriminaldefense.com
Consultation: Phone consultation available
5. Law Offices of Christopher J. Cherella
Practice Focus: Criminal defense, OWI/DUI defense, drug crimes, sex crimes, federal criminal defense, domestic violence, violent crimes
Case Types Handled: Felonies, misdemeanors, federal crimes, OWI/DUI, drug possession and distribution, sex offenses, domestic violence, assault, homicide, internet crimes, theft, weapons charges, white collar crimes, juvenile offenses, traffic defense
Legal Services: Trial defense, federal court representation, appeals, motion practice, plea negotiations, jury trials, evidence analysis
Background: Attorney Christopher J. Cherella has practiced law since 1991 with over 30 years of criminal defense experience. Former municipal prosecutor for the City of Milwaukee (1998-2001). J.D. earned in 1991. Admitted to practice in Wisconsin state courts and U.S. District Court for the Eastern District of Wisconsin. Has handled thousands of criminal cases and defended hundreds of clients in federal court. Avvo Client’s Choice Award recipient. Handles cases personally from start to finish.
Location: 111 East Wisconsin Avenue, Suite 1925, Milwaukee, WI 53202
Contact: (414) 347-9334 | https://www.wicriminaldefense.com
Consultation: Free consultation available, 24/7 availability
Criminal Defense Regulations in Wisconsin
Wisconsin requires all attorneys to be admitted to the Wisconsin Supreme Court and join the State Bar of Wisconsin as a condition of practicing law. The Board of Bar Examiners oversees the admission process, which requires graduation from an ABA-accredited law school, passing the bar examination, and satisfying character and fitness requirements. Veterans may qualify for fee waivers for bar admission and examination fees through the Wisconsin Department of Veterans Affairs.
Wisconsin operates a statewide public defender system through the Office of the State Public Defender, which provides representation to indigent defendants. Eligibility is based on financial need, typically requiring income at or below 115% of the federal poverty guidelines.
The Minnesota State Bar Association offers Criminal Law Specialist certification, but Wisconsin does not have a comparable state-specific certification program. However, attorneys may pursue certifications through national organizations such as the National Board of Trial Advocacy (Criminal Trial Law) or the National College for DUI Defense (DUI Defense Law).
Attorney advertising in Wisconsin is governed by Supreme Court Rules Chapter 20, which requires all communications about legal services to be truthful and not misleading. Solicitation rules prohibit direct in-person contact with prospective clients when a significant motive is pecuniary gain.
Attorney-client privilege in Wisconsin is codified in Wisconsin Statute Section 905.03, which protects confidential communications between attorneys and clients made for the purpose of obtaining legal services.
Continuing legal education in Wisconsin requires attorneys to complete 30 credits every two years, including at least three credits in professional responsibility and ethics.
Wisconsin follows truth-in-sentencing guidelines implemented in 2003. Felonies are classified from Class A (life imprisonment) through Class I (up to 3.5 years imprisonment and $10,000 fine). Class A felonies include first-degree intentional homicide and are punishable by life imprisonment. Class B felonies carry up to 60 years imprisonment. Class C felonies carry up to 40 years imprisonment and $100,000 fine. Class D felonies carry up to 25 years and $100,000 fine. Class E felonies carry up to 15 years and $50,000 fine. Class F felonies carry up to 12.5 years and $25,000 fine. Class G felonies carry up to 10 years and $25,000 fine. Class H felonies carry up to 6 years and $10,000 fine. Class I felonies carry up to 3.5 years and $10,000 fine.
Wisconsin abolished the death penalty in 1853 and does not have capital punishment.
Expungement in Wisconsin is limited to “youthful offenders” under age 25 at the time of the offense for misdemeanors and certain non-violent Class H and I felonies. The judge must order expungement at the time of sentencing, not after sentence completion. Wisconsin is the only state requiring expungement decisions at sentencing. Violent felonies, sexual offenses, and crimes against children are ineligible. Defendants with prior felony convictions are ineligible for felony expungement.
Wisconsin has habitual offender enhancement laws that increase penalties for repeat offenders. Defendants with prior felonies within ten years face up to six additional years of imprisonment. The state also has two-strikes and three-strikes laws for repeat child sex offenders and serious repeat felony offenders, which can require life sentences without parole.
Bail in Wisconsin is governed by Wisconsin Statute Section 969, which requires courts to consider the nature of the offense, defendant’s character and community ties, and risk of flight or danger when setting conditions of release.
Frequently Asked Questions
Q: What happens at an arraignment in Milwaukee County?
A: At arraignment in Milwaukee County Circuit Court, the judge reads the formal charges against you and asks how you plead (guilty, not guilty, or no contest). The court also addresses bail or bond conditions. For misdemeanors, arraignment may occur at your first court appearance. For felonies in Wisconsin, a preliminary hearing typically occurs first to determine if probable cause exists, followed by arraignment after the information is filed. You have the right to have an attorney present. If you cannot afford counsel, you may request a public defender at this stage.
Q: How does the Milwaukee County Jail handle bail and release?
A: At the Milwaukee County Jail (Criminal Justice Facility), defendants may post cash bail directly at the jail’s booking area or through a licensed bail bondsman. Wisconsin uses cash bail rather than commercial bail bonds in most cases, meaning defendants typically pay 10% of the bail amount to the court. If bail is set at arraignment, release processing occurs after payment is verified. The Milwaukee County Sheriff’s Department processes releases, which can take several hours depending on jail population and staffing. Weekend and holiday arrests may experience longer processing times.
Q: What are the penalties for a first-offense OWI in Wisconsin?
A: Wisconsin is unique in that a first-offense OWI (Operating While Intoxicated) is typically a civil forfeiture (non-criminal) rather than a misdemeanor, unless it involves a passenger under 16 years old or causes injury. Penalties include a fine of $150 to $300, a mandatory alcohol assessment, license revocation of 6 to 9 months, and possible installation of an ignition interlock device. However, a first OWI still appears on your driving record permanently and counts as a prior offense for any subsequent OWI charges. Second and subsequent offenses are criminal misdemeanors or felonies with mandatory jail time.
Q: Does Milwaukee County have diversion or deferred prosecution programs?
A: Yes. Milwaukee County offers several diversion programs. The Milwaukee County District Attorney’s Office operates a Deferred Prosecution Program for certain non-violent first-time offenders, allowing charges to be dismissed upon successful completion of conditions. The Treatment Alternatives and Diversion (TAD) Program provides treatment-based alternatives for defendants with substance abuse issues. Drug Treatment Court is available for eligible defendants with addiction-related offenses. Veterans Treatment Court serves veterans facing criminal charges. Community Service Program may be available as an alternative to incarceration. Eligibility depends on the nature of the offense, criminal history, and prosecutor approval.
Q: Can I get my criminal record expunged in Wisconsin?
A: Wisconsin has restrictive expungement laws. You may be eligible only if you committed the offense before age 25, were convicted of a misdemeanor or non-violent Class H or I felony, the judge ordered expungement eligibility at sentencing, you have no prior felony convictions (for felony expungement), and you successfully completed your entire sentence including probation. Critically, the judge must order expungement at the time of sentencing in Wisconsin. If the judge did not include expungement in your original sentence, you generally cannot petition for it later. Violent crimes, sexual offenses, stalking, physical abuse of a child, and crimes against children are never eligible. Expungement seals court records but does not erase records held by law enforcement agencies, prosecutors, or the Wisconsin Department of Justice.