An accessory after the fact is someone who helps a felon avoid arrest or trial after the crime has been committed. This usually applies to felony cases. Penalties for accessories are generally less severe than those for principals or accomplices.

Common law used terms like “principal in the first degree” for the person who committed the crime, and “principal in the second degree” or “aider and abettor” for someone who helped on-site, like a lookout. An “accessory before the fact” helped but wasn’t present. While some states still use these terms, most treat all participants equally—whether they committed the crime or assisted—when it comes to punishment.

Judges may order unpaid community service as part of a sentence, allowing defendants to repay society for their offense. It’s often combined with other penalties like probation, fines, or restitution.

Conspirators are individuals who agree to commit a crime together. Unlike accomplices, each conspirator is considered a principal. Conspiracy charges can apply even if the crime isn’t carried out, making it punishable based on intent. To prevent convictions based solely on thoughts, most states require at least one conspirator to take an “overt act” that moves the plan forward.

To convict someone, the prosecution must prove guilt beyond a reasonable doubt. Defendants can present various defenses, such as denying involvement or claiming impaired judgment. Some defenses argue the crime didn’t happen, while others admit it but explain the circumstances. Below are some of the most common strategies used in criminal cases.

Some cases can be diverted from the criminal system, allowing charges to be dropped if the defendant completes a treatment or rehab program. Diversion helps avoid a criminal record and is often offered for nonviolent misdemeanors or drug- and alcohol-related offenses. In some areas, it may also apply to domestic violence, child neglect, traffic violations, or writing bad checks. Prosecutors may offer diversion, or defense attorneys can request it—even before charges are filed.

Entrapment occurs when the government persuades someone to commit a crime, then seeks to punish them for it. However, if the person was already inclined to commit the crime, they can still be found guilty—even if a government agent was involved. This defense is especially tough for those with prior convictions for similar offenses.

Fines are a common punishment for minor offenses, especially for first-time offenders. They’re often used for violations like small-scale drug possession, shoplifting, traffic infractions, or fish and game violations. For more serious crimes or repeat offenders, fines may be combined with other penalties such as jail time, probation, or community service.

A forfeiture is similar to a fine, but paid in a civil ordinance violation, such as a speeding ticket, county disorderly ticket or, on in Wisconsin, an OWI 1st.

Courts may impose creative alternatives to jail time, especially for OWI and nonviolent offenses. These can include installing a breathalyzer in a vehicle, attending treatment programs, giving educational talks, or serving house arrest with an ankle monitor. Availability depends on local jail policies and is not guaranteed by the court.

Anyone who intentionally helps commit a crime—before, during, or after—can be held legally responsible. People may assist in different ways, such as carrying out the act, acting as a lookout, or helping with the escape. All can face charges under accomplice liability.

The main person who commits a crime is called the principal. Anyone who intentionally helps before or after the crime is considered an accomplice and can be equally liable. Even if they don’t commit the act themselves, their assistance—like disabling alarms, providing tools, or helping with logistics—can result in the same charges. To prove accomplice liability, it must be shown that the person knowingly helped the crime succeed.

To convict a defendant, the prosecution must prove guilt beyond a reasonable doubt—a high legal standard. Judges and jurors must interpret any uncertainty in favor of the defendant. As a result, many defenses focus on showing that reasonable doubt exists.

Fines are paid to the government, while restitution compensates victims directly or through a state fund. Defendants may be ordered to repay stolen property, cover medical or funeral costs, or reimburse fraud losses. Restitution is often part of a broader sentence that may also include jail, probation, or community service.

Self-defense is often used in violent crime cases like assault or murder. The defendant admits to the act but claims it was necessary to prevent harm. Key questions include: who was the aggressor, was the threat real and immediate, and was the force used reasonable? A person doesn’t have to wait to be attacked—if a reasonable person would feel threatened, they may act first, but excessive force can still lead to criminal charges.

Not all convictions lead to prison. Sentences may include jail time, probation, restitution, or community service. In Wisconsin, “Truth in Sentencing” laws require determinate sentences—fixed terms set by a judge, such as “30 days in jail” or “5 years in prison.” Unlike some states, Wisconsin does not use indeterminate sentencing, where prison officials decide release dates based on a range set by law.

A suspended sentence delays jail or prison time if the defendant meets certain conditions, like completing probation or treatment. If those conditions are violated, a judge may enforce the original sentence without a full trial. Probation comes with strict rules—such as obeying laws, reporting to a probation officer, avoiding drugs and alcohol, and staying within approved areas. Violating these terms can lead to a probation revocation hearing and possible jail time.

An alibi defense consists of evidence that a defendant was somewhere other than the scene of the crime at the time it was committed.

Sometimes a defendant can avoid punishment even if the prosecutor shows that that the defendant did, without a doubt, commit the act in question.

Most often defendants try to avoid punishment by claiming they did not commit the act in question.

The insanity defense argues that a defendant shouldn’t be punished if they couldn’t understand or control their actions due to mental illness. It’s rarely used and even less often successful. Definitions vary, but common standards include the McNaghten Rule (unable to tell right from wrong) and irresistible impulse (unable to control behavior). Defendants found not guilty by reason of insanity are usually placed in mental institutions, sometimes for longer than a prison sentence. The defense relies on psychiatric evaluations and requires the defendant to undergo psychological testing, which can be difficult and invasive.

Every defendant is presumed innocent until proven guilty. The prosecution must prove guilt beyond a reasonable doubt, and the defendant isn’t required to present a defense or testify. If the jury isn’t convinced, the defendant must be acquitted.

Defendants sometimes claim they were too impaired by drugs or alcohol to be held responsible. However, voluntary intoxication usually doesn’t excuse criminal behavior, since people are expected to know the risks. Some states allow a limited defense if the crime requires “specific intent”—arguing the defendant was too impaired to form that intent. In such cases, they may be convicted of a lesser offense that doesn’t require specific intent.

It’s illegal to drive while impaired by alcohol or drugs, even if you don’t feel “drunk.” In all states, a blood alcohol content (BAC) of 0.08% or higher is considered DUI for adults. For drivers under 21, the limit is much lower—typically 0.01% or 0.02%. Police may use breath, blood, or urine tests to check impairment. Refusing a test can have legal consequences, and while you can ask for a lawyer, you may not be entitled to one before testing. Roadblocks and questioning are generally legal if conducted properly. If charged, it’s wise to consult an attorney.

Police use three main methods to determine impairment:

• Observation: Erratic driving (swerving, speeding, etc.) may prompt a stop. Signs like slurred speech or alcohol odor can lead to further testing.

• Field Sobriety Tests: Officers may ask drivers to perform balance or coordination tasks and check eye movement for signs of intoxication.

• Chemical Tests: Breath, blood, or urine tests measure blood alcohol content (BAC). A BAC of 0.08% or higher typically results in a DUI charge. Some states allow test choice; others do not. Defense attorneys may challenge test accuracy, especially with breath or urine results.

You can refuse a breath, blood, or urine test during a DUI stop, but most states have “implied consent” laws. Refusal often leads to automatic license suspension (typically 3–12 months), even if you're later found not guilty. At trial, prosecutors may mention your refusal, which could suggest to the jury that you were trying to hide intoxication.

The answer depends on where you live. In Wisconsin, when you’re arrested for OWI, you are not entitled to speak with an attorney before deciding whether to take a breath, blood, or urine test. Wisconsin’s implied consent law treats your driver’s license as agreement to chemical testing if suspected of intoxication.

During a standard traffic stop where you're suspected of DUI/OWI, you’re not "in custody." Officers can ask about drinking or sobriety tests without issuing Miranda warnings. Once you’re formally arrested or your freedom is restrained as much as if under arrest (e.g., handcuffed or placed in squad car), and they question you further at a station, officers must read your Miranda rights before interrogation begins.

Defending against a drunk driving charge is complex. It requires knowledge of scientific and medical concepts and the ability to challenge witnesses like police officers and scientists. If you plan to fight a DUI/DWI charge, hire an attorney who specializes in these cases.

Winning is difficult if police have physical evidence (breathalyzer, blood, or urine tests), and penalties for DUI are fairly standard. If you’re guilty, a lawyer may not secure a better deal than you could on your own.

However, if there’s no chemical test evidence—such as when you refused testing—a skilled lawyer might negotiate a reduced charge like “wet reckless.” While it sounds less severe than DUI, it often carries similar fines and penalties.

Yes—if police follow a neutral plan (like stopping every car or every third car) and keep delays minimal. They can’t target your vehicle unless they have reasonable suspicion you’ve broken the law, such as driving under the influence.