The Process

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The Process

Mullen, Schlough & Associates

How Cases Move Through Wisconsin Courts

Criminal and OWI cases in Wisconsin follow a structured process. It begins with arrest and citation, followed by an initial appearance where charges are read and bail is set. Next comes the pretrial phase, which may include motions, plea negotiations, and discovery. If no plea agreement is reached, the case proceeds to trial, where evidence is presented and a verdict is issued. For OWI cases, additional steps often include administrative license hearings and compliance with implied consent laws. Sentencing and possible appeals conclude the process.

Criminal Defense Process

Most Wisconsin misdemeanor criminal defense cases follow a focused process: after arrest you attend an initial appearance where charges and bond are set. If released, the pretrial phase begins, including discovery, plea discussions, and possible motions. Many cases resolve with a guilty plea, but if not, the case proceeds to trial before a judge or jury. Misdemeanor convictions—like Class A, B, and C offenses—carry up to 9 months, 90 days, or 30 days in jail, respectively, plus fines. Following a plea or verdict, sentencing occurs, and you may appeal if legal errors occurred.

Misdemeanor Case Timeline


  1. Arrest or Citation: Defendant is taken into custody or issued a ticket.
  2. Initial Appearance: Charges are read; bail or signature bond set.
  3. Pretrial Conference: Plea negotiations and motions.
  4. Plea or Trial: Defendant enters a plea or case proceeds to trial.
  5. Sentencing: If guilty, penalties imposed (fines, probation, short jail term).
  6. Appeal: Optional, if legal grounds exist.

Felony Case Timeline


  1. Arrest: Defendant taken into custody.
  2. Initial Appearance: Bail set; rights explained.
  3. Preliminary Hearing: Judge decides if enough evidence exists to proceed.
  4. Arraignment: Formal charges; plea entered.
  5. Pretrial Motions & Discovery: Evidence exchange, suppression motions.
  6. Trial: Jury or bench trial; verdict rendered.
  7. Sentencing: Prison time, fines, probation.
  8. Appeal: Possible review by higher court.

OWI Defense Process

Most Wisconsin misdemeanor criminal defense cases follow a focused process: after arrest you attend an initial appearance where charges and bond are set. If released, the pretrial phase begins, including discovery, plea discussions, and possible motions. Many cases resolve with a guilty plea, but if not, the case proceeds to trial before a judge or jury. Misdemeanor convictions—like Class A, B, and C offenses—carry up to 9 months, 90 days, or 30 days in jail, respectively, plus fines. Following a plea or verdict, sentencing occurs, and you may appeal if legal errors occurred.

1st OWI (Civil Offense)



  1. Traffic Stop & Arrest: Officer observes impairment or BAC over 0.08%.
  2. Chemical Test & Informing the Accused: Breath/blood test; rights explained.
  3. Citation Issued: OWI charged as a civil forfeiture.
  4. Initial Appearance: Defendant enters plea; fines and license suspension discussed.
  5. Administrative License Suspension: Begins shortly after arrest unless contested.
  6. Resolution: Usually resolved by plea; penalties include fine, license revocation (6–9 months), and alcohol assessment.

2nd OWI (Criminal Misdemeanor)


  1. Arrest & Testing: Same as first offense.
  2. Initial Appearance: Bail set; charges read.
  3. Pretrial Conference: Plea negotiations; possible motions.
  4. Trial or Plea: If no agreement, case goes to trial.
  5. Sentencing: Jail time (min 5 days), fines, longer license revocation, ignition interlock.

3rd OWI (Criminal Misdemeanor)


  1. Arrest & Testing: BAC evidence collected.
  2. Initial Appearance & Bai: Higher bail likely.
  3. Preliminary Hearing: Confirms probable cause.
  4. Pretrial Motions & Plea Talk: Discovery and negotiations.
  5. Trial or Plea: Jury trial possible.
  6. Sentencing: Mandatory jail (minimum 45 days), fines, 2–3 year license revocation, ignition interlock.

4th OWI (Felony)


  1. Arrest & Testing: BAC confirmed.
  2. Initial Appearance: Felony charges read; bail set.
  3. Preliminary Hearing: Judge determines probable cause.
  4. Arraignment: Formal plea entered.
  5. Pretrial & Trial: Motions, discovery, and jury trial if contested.
  6. Sentencing: Felony penalties: prison time (minimum 60 days, often years), fines, long-term license revocation, ignition interlock.