Recording Laws in Wisconsin

One-party consent. It is not unlawful for a person to record a phone call or an in-person (oral) conversation if the person is a party to it or one party has given prior consent, unless it is done to commit a criminal, tortious or other injurious act. Intercepting a wire, electronic or oral communication without that consent, or disclosing or using one known to be illegally intercepted, is a Class H felony: up to 6 years and/or $10,000. A person whose communication was illegally intercepted may sue for actual damages (at least $100 per day or $1,000, whichever is higher), punitive damages and attorney fees.

Wisconsin's rule on court-appointed lawyers: The Wisconsin State Public Defender determines whether a person is indigent and verifies income, assets, public assistance and expenses; applicants sign statements that the information is true and that they have not disposed of assets to qualify (knowingly false statements are a Class I felony). Under the statutory standard, assets are counted only if they exceed $2,500 in combined equity value (excluding up to $10,000 of equity in vehicles and the first $30,000 of homestead equity), and income is counted only if gross income exceeds 115 percent of the federal poverty guideline; a spouse's income and assets count unless the spouse is the alleged victim. A circuit court may review any indigency determination. The office collects payment for representation from persons able to pay, based on ability to pay and a board fee schedule. Wis. Stat. §§ 977.02(3), 977.06

Lawyers set their own fees, and Wisconsin has rules on how they may charge. See hiring a criminal defense lawyer in Wisconsin for fee rules, how to check a lawyer's license and free help.

How release before trial works in Wisconsin: A defendant arrested for a criminal offense is eligible for release under reasonable conditions designed to assure appearance in court, protect members of the community from serious harm, or prevent the intimidation of witnesses (subject to exceptions in ss. 969.035 and 971.14(1r)). Bail may be imposed at or after the initial appearance only if the court finds that bail is necessary to assure the defendant's appearance in court, or, for a defendant accused of a violent crime, that bail is necessary based on the totality of the circumstances (considering prior violent-crime convictions, likelihood of not appearing, the need to protect the community from serious harm and prevent witness intimidation, and potential affirmative defenses). When bail is set to assure appearance, it shall be only in the amount found necessary to assure appearance; when set for a violent crime, it may not be excessive. The court considers the ability of the arrested person to give bail, the nature, number and gravity of the offenses and potential penalty, whether the alleged acts were violent in nature, prior record, character, health, residence and reputation, the strength of the evidence, supervision status, pending release conditions, prior bail forfeitures, and the policy against unnecessary detention pending trial. Wis. Stat. § 969.01(1), (4) What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Wisconsin expungement and record sealing rules.