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Criminal Defense Attorney in Madison, WI

When facing a criminal charge, your future is too important to entrust it with just anyone, and the police are not on your side. If you have been accused of a crime in Dane County or the surrounding area in Wisconsin, you need a criminal defense attorney who will take forceful action on your behalf.

If you are looking for a criminal defense lawyer in Madison, this is the place to start. At the law office of Nicholson Goetz & Otis, S.C., defending clients against state and federal prosecution and criminal charges is all we do.
By focusing primarily on Wisconsin criminal defense law, our criminal attorneys have developed in-depth knowledge of Wisconsin criminal defense statutes, case law and criminal defense procedures used in the local courts. We know the local players as well — the judges, prosecutors, investigators and other professionals whose work will impact your case and criminal charges.
We also know how to protect your constitutional rights and the actions that prosecutors may take to violate those rights. We don’t let that happen to our clients. As part of a serious criminal defense, we will take every action possible within the bounds of the law to protect your rights and your freedom.

Criminal Cases We Handle in Wisconsin

Our criminal defense lawyers and criminal defense attorneys in Madison, Wisconsin, handle a full range of misdemeanor and felony charges in state courts, including:

Affirmative Defense

Referring to self-defense, defense for criminal acts while imminent danger is present, and a review of Wisconsin’s “Castle Doctrine.”

Child Abuse

Child Abuse including neglect, sexual assault, and child enticement

Domestic Violence

Domestic violence crimes involve several layers of charges and restraining orders

Drug Offenses

Drug offenses from minor in possession to manufacturing and trafficking charges

DUI/ OWI Charges 

DUI/OWI charges and other drunk driving charges, or those related to driving without a license, reckless homicide, and routine traffic offenses

Head Trauma

Head Trauma including Shaken Baby Syndrome, abusive head trauma, and child abuse

Homicides

Homicides including deaths that result from car accidents, drug overdoses, felony murder, and intentional homicide

Human Trafficking

Human trafficking a serious offense that involves promoting individuals for labor or prostitution against their will

Misdemeanors

Misdemeanors including disorderly conduct and other minor offenses, that still impact your life

Ssx Crimes

Sex crimes including sexual assault, statutory rape, child pornography and college Title IX hearings

Skilled Throughout Criminal Defense

We also represent clients in juvenile criminal defense court matters. We have in-depth knowledge of the juvenile justice system and help minors achieve the best possible results when facing criminal allegations.

Minors accused of crimes such as shoplifting, possession of a fake ID, vandalism, DWI, and minor in possession are treated differently from adults.

In more serious matters such as homicide, rape and sexual assault, however, juveniles can be tried as adults. We have the knowledge, experience and resources to handle even the most serious matters.

including sexual assault, statutory rape, child pornography and college Title IX hearings

including deaths that result from car accidents, drug overdoses, felony murder and intentional homicide
including battery, manslaughter and sexual assault
involving several layers of charges and restraining orders
from minor in possession to manufacturing and trafficking charges
and other drunk driving charges, or those related to driving without a license, reckless homicide and routine traffic offenses
including disorderly conduct and other minor offenses that still impact your life
a serious offense that involves promoting individuals for labor or prostitution against their will
complex crimes that require a sensitive touch and a thorough knowledge of the law to avoid heavy penalties
Referring to self-defense, defense for criminal acts while imminent danger is present, and a review of Wisconsin’s “Castle Doctrine”

There are many misconceptions when it comes to the criminal defense process and criminal justice in general. Our criminal defense attorneys are here to dispel those misconceptions and provide you with the knowledge that your case is in the hands of a skilled representative and officer of the law.

Learn What Makes Our Firm A Top Contender For One Of The Best Criminal Defense Lawyers Madison, WI

When you talk with one of our criminal lawyers during your free 30-minute initial consultation, we will review any paperwork you have received and get your side of the story. We will then walk you through the procedural steps of a criminal case in Wisconsin court. We will explain what needs to be done and when — helping you understand your choices and the best strategies to beat your case.
Cases can be resolved in many ways. You may be eligible for a first offenders program (often called deferred prosecution). While we have a reputation for resolving matters effectively at trial, we understand the stress that trials can place on defendants and their families. Depending on your goals, we may focus our approach on aggressive pretrial litigation. Our Madison criminal defense attorneys may be able to file motions to suppress evidence or pursue other pretrial litigation tactics to resolve your case.
We have won dismissals prior to trial on charges of disorderly conduct, hit-and-run, manufacturing/delivering THC and cocaine, second-degree sexual assault/use of force, second-degree sexual assault/intoxicated victim, fourth-degree sexual assault, OARs, and various municipal violations.

Wisconsin Criminal Defense (FAQ)

If you’re under investigation or were charged with a crime, you’ve probably got plenty of questions—and we’ve got the answers.

What should I do if the police want to question me?

You have the right to remain silent. That means you’re not required to answer police questions without a lawyer present—and you shouldn’t. Even if you believe you can explain or clear things up, it’s easy to make statements that prosecutors later use against you.

If an officer contacts you or stops you, politely decline to discuss anything. Tell them that you want to speak with your attorney. Once you request a lawyer, questioning must stop. Even if it doesn’t, anything you say after that point can still be used in court, so it’s best not to speak at all. Let your lawyer handle law enforcement.

Finally, don’t post anything on social media. Your posts and even your private messages can be collected and used as evidence. Discuss your case only with your attorney and avoid sharing details with friends or family. Even casual comments can hurt your defense.

Can the police search my home or car without a warrant?

Generally, no—but there are exceptions. Searches generally require a warrant issued by a judge based on probable cause. Probable cause means they believe a crime occurred and that you were involved. There are exceptions, such as when you give consent, when evidence is in plain view, or during certain emergencies.

Vehicle searches have additional exceptions, especially if the officer claims to smell drugs or see other contraband. If you believe the police searched without proper authority, we can file a motion to suppress (exclude) that evidence from your case.

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

Misdemeanors are generally punishable by up to one year in county jail, while felonies carry potential prison sentences. The classification and penalties for felonies depend on which class the crime is in. For example, a Class H felony can result in up to six years in prison and a $10,000 fine.

However, even a minor conviction can have long-term consequences. You could lose your gun rights and have difficulty with housing, jobs, and maintaining a professional license.

Can my case be dismissed before trial?

Yes. There are several procedural tools your lawyer can use to challenge the charges. A motion to suppress may remove evidence obtained illegally. A motion to dismiss can argue that the complaint doesn’t meet the legal requirements or that the evidence is too weak to move forward. Skilled pretrial litigation often leads to better results without the stress of a full trial.

Can I clear my record after a conviction?

In some cases, yes. Expungement removes the case from the public record, but it’s not available for all crimes. Typically, your conviction must have happened when you were under 25 and carried a maximum penalty of six years or less.

If expungement isn’t an option, we may be able to help you apply for a pardon through the Governor’s Office or assist with sealing certain court records.

What’s the difference between probation and parole?

Probation is a sentence that lets you stay in the community under supervision instead of serving jail time. Parole, on the other hand, applies to inmates released from prison under supervision. Probation or parole violations can result in additional penalties, including revocation hearings. Having a lawyer during these hearings is important. You have the right to challenge the alleged violations and present evidence in your defense. Your attorney will help you present evidence and make a compelling argument for why you should stay out of jail.

Contact Our Criminal Defense Trial Lawyers

If you have been accused of a crime, contact our criminal defense attorneys in Madison, Wisconsin at 608-237-6854 or contact us online for a free 30-minute initial consultation. Off-site, evening and weekend meetings are available by appointment.