Frequently Asked Questions
- Our Location
Madison, WI
- Free Consultations
(608) 204-5807
At DK Anderson, S.C., we know that facing criminal charges in Wisconsin can be stressful and overwhelming. Below, we’ve compiled answers to common legal questions about OWI, domestic violence, and general criminal defense to help you understand your rights and options.
General Criminal Defense FAQs
What should I do if I am arrested in Wisconsin?
- Remain silent – Do not answer questions without a lawyer present.
- Request an attorney – Politely state, “I want to speak to my attorney.”
- Do not consent to searches – Unless police have a warrant, you are not required to allow a search.
- Stay calm and compliant – Resisting arrest can lead to additional charges.
How can DK Anderson, S.C. help me if I am charged with a crime?
We provide aggressive legal defense across Southern Wisconsin including Dane, Rock, Iowa, Green, Columbia, Jefferson, and Sauk Counties. Our team:
- Analyzes the prosecution’s evidence for weaknesses
- Challenges illegal searches, arrests, and unreliable testimony
- Negotiates for reduced charges or case dismissals
- Represents you in court and at trial if necessary
What are my rights if I am under investigation but haven’t been charged?
Even if you haven’t been charged, you have the right to remain silent and consult an attorney. Anything you say can be used against you, so it’s crucial to speak with a lawyer before answering police questions.
Wisconsin OWI (DUI) Defense FAQs
What happens after an OWI arrest in Wisconsin?
- You will be taken into custody and may be required to post bond, however, you maybe released to a sober party.
- Your driver’s license may be suspended if your BAC is above the legal limit (you have 10 days to contest this).
- You will receive a court date for your initial appearance.
What are the penalties for OWI in Wisconsin?
Penalties depend on the number of offenses and your BAC level:
- First offense: Fine and costs that can total up to $1,000, 6-9 months license revocation, potential ignition interlock device (IID) requirement, and the mandatory AODA assessment.
- Second offense: Mandatory jail time, higher fines, and a 12-18 month license revocation and IID, mandatory AODA.
- Third offenses: up to a year in jail, even higher fines, and 24-36 months license revocation and IID, mandatory AODA.
- Fourth offenses: minimum 60 days jail up to six years imprisonment, minimum fine of $600 up to $10,000, lifetime revocation of your license, and mandatory AODA.
- Fifth offense and higher: mandatory prison, large fines and lifetime license revocation.
Can I refuse a breathalyzer test?
Wisconsin has implied consent laws. Refusing a breath or blood test after arrest can result in an automatic driver’s license revocation and additional penalties.
How can I fight an OWI charge?
Our defense strategies include:
- Challenging the legality of the traffic stop
- Questioning the accuracy of breath and blood tests
- Reviewing police procedures for rights violations
Ask our Virtual Legal Assistant
Our Virtual Legal Assistant is designed to offer you immediate, accessible insights into Wisconsin law and procedures, guiding you through the initial stages of navigating the criminal justice system. Here’s what makes our virtual assistant an invaluable tool:
- Immediate Answers to Legal Queries: Get quick, straightforward responses to basic questions about Wisconsin law and criminal procedures, anytime, anywhere.
- Guidance on Legal Processes: Understand the steps involved in your case, from initial charges to court appearances, with easy-to-follow explanations.
- Confidential and Convenient: Use our secure platform to obtain general information without the need for immediate in-person consultations, ensuring your privacy and convenience.
This tool is your first step towards clarity in your legal journey, providing essential information at your fingertips. The Virtual Legal Assistant is not an attorney and you should not rely on this information to make any legal decisions. Contact DK Anderson, S.C. for more in-depth and case specific information.
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Domestic Violence Defense FAQs
What is considered domestic violence in Wisconsin?
Domestic violence charges apply to crimes committed against a:
- Spouse or ex-spouse
- Adult Roommate
- Family member
Common domestic violence-related charges include battery, disorderly conduct, and false imprisonment.
Can I be arrested for domestic violence even if the alleged victim doesn’t press charges?
Yes. Wisconsin has mandatory arrest laws for domestic violence cases. If police determine there is probable cause, they must make an arrest. Prosecutors can move forward with the case even if the alleged victim does not cooperate.
What are the penalties for a domestic violence conviction?
Penalties may include:
- Fines and jail time
- No-contact orders or restraining orders
- Loss of firearm rights
- Required domestic abuse counseling
How can I defend against a domestic violence charge?
Possible defenses include:
- False accusations (proving the claim was made out of anger, revenge, or manipulation)
- Lack of evidence (challenging unreliable testimony or inconsistencies)
- Self-defense (showing you were protecting yourself or another person)
Court Process & Legal Representation FAQs
What happens at my first court appearance?
Your initial appearance is where:
- You acknowledge receipt of the criminal complaint
- You enter a not guilty plea
- Bail and pretrial conditions may be set
Should I take a plea deal or go to trial?
It depends on the evidence and your case. We analyze plea offers to determine if they’re in your best interest or if we should fight the charges at trial.
What if I already have a criminal record?
If you have prior convictions, penalties may be more severe. However, we explore:
- Expungement options (if eligible)
- Alternative sentencing programs
- Mitigation strategies to reduce penalties
Hiring DK Anderson, S.C. for Your Defense
Why should I choose DK Anderson, S.C. as my defense attorney?
- 10+ years of courtroom experience
- Aggressive, strategic defense tailored to your case
- Deep knowledge of Wisconsin courts, judges, and prosecutors
How do I schedule a consultation?
📞 Call (608) 204-5807 or schedule a 30-minute call below!
Our Practice Areas
Drunk Driving
Whether you are charged with a first offense, or a fifth offense, our Wisconsin OWI attorneys can help.
Violent Crimes
A conviction for any one of Wisconsin's violent crimes will have significant consequences.
Drug Charges
Our Wisconsin Drug charge attorneys know the law and how to apply that law in the court room.
Domestic Violence
A conviction for a domestic violence charge in Wisconsin has additional consequences.
Property Crimes
Wisconsin property crimes include theft, forgery, and criminal damage to property.
Sex Offenses
Not much will change your life like a conviction for one of Wisconsin's sex offense charges.
Traffic Citations
Although less serious than a criminal charge, a traffic citation can effect your driver's license.