Michael Hayes

Michael M. Hayes was a founding partner of the Milwaukee law firm of Hayes & Rothstein, 1983-2019.

A Milwaukee native, Mr. Hayes earned his Juris Doctor law degree in 1981 from Marquette University Law School, where he was the Lead Articles Editor on the Law Review. During this time, he also served as a Judicial Intern for Wisconsin Court of Appeals Chief Judge John Decker. His undergraduate studies were completed at the University of Notre Dame and the University of Wisconsin-Madison, where he graduated in 1977. Within 3 years he was listed in Best Lawyers in America after founding what had become the largest consumer Chapter 7 law firm in Wisconsin.

Michael Hayes provides for his extensive network of former and existing clients and their families valuable legal assistance beyond his practice areas. He is always willing to discuss a wide variety of legal concerns, including family law and bankruptcy law questions dating back to his extensive experience over the last 30 years. He can evaluate your situation and provide a referral to a well-respected attorney. His clients consider him a knowledgeable and trusted advisor for legal and practical advice on a wide range of issues.


Bar admissions
Wisconsin, 1981
U.S. District Court, Eastern and Western Districts of Wisconsin, 1981
Education
Marquette University, Juris Doctor, 1981
Law Review Lead Articles Editor
University of Wisconsin-Madison, Bachelor of Science, 1977
University of Notre Dame
Memberships
State Bar of Wisconsin
National Association of Criminal Defense Lawyers
Honors and Awards
AV® Preeminent™ Peer Review Rating? from Martindale-Hubbell®
Wisconsin SuperLawyer
Seminar Moderator and Presenter at Strategies in Handling OWI Cases in
The National Trial Lawyers Top 100 Trial Lawyers
Avvo Rating 10.0 out of 10, Superb
Presenter of “Illinois Residents Arrested for OWI in Wisconsin” at 2019 Lake County Annual Bar Ass’n Meeting
Featured speaker at Lorman event Live Webinar

• Free Consultation
• Credit Cards Accepted
• Contingent Fees

Wisconsin

Wisconsin Court System

ID Number: 1014796

Since 1981

U.S. District Court, Eastern and Western Districts of Wisconsin

Since 1981

Attorney At Law

Law Office of Michael Hayes LLC

2020 - Current

Attorney

Hayes & Rothstein, S.C.

1981 - 2022

President, May 1981 - Mar 2022.

Marquette University Law School

J.D. (1981) | Law

1981

University of Wisconsin - Madison

B.S. (1977) | Bachelor of Science

1977

AV® Preeminent™ Peer Review Rating?

Martindale-Hubbell®

SuperLawyer

Wisconsin SuperLawyer

10.0 out of 10, Superb

Avvo Rating 10.0 out of 10, Superb

Wisconsin State Bar  # 1014796

Member

Current

Seminar Moderator and Presenter at Strategies in Handling OWI Cases in Wisconsin

Featured speaker at Lorman event Live Webinar, October 29, 2015

Presenter of “Illinois Residents Arrested for OWI in Wisconsin”, 2019 Lake County Annual Bar Ass’n Meeting

Q. My name is Clara and I'm assisting someone with a legal situation. I would appreciate your help very much.

April 27, 2020

A: The applicable range of penalty for an offense is determined by the violation date, not the conviction date. The arrest record correctly shows a Class G Felony, punishable by a fine not to exceed $25,000 or Imprisonment not to exceed 10 years, or both. Section 939.50(3)(g). The initial confinement can not exceed five years.

You mention the OWI arrest being in 2012 and you state the penalties became more severe in 2016, with the reclassification of OWI 7th to be a Class F Felony.

2019 Wisconsin Act 106 provides that an OWI arrest on or after March 1, 2019 for an individual with six prior pertinent convictions, shall be charged with the Class F Felony, with statutory language requiring a mandatory minimum three-year period of initial confinement.

You want to know which “sentencing guidelines” will be in effect when he is sentenced. This depends on which Judicial District includes the county where the case is pending. Whichever guidelines are in effect, the date of the violation determines which guidelines should be considered. The judge at sentencing is not required to confine a sentence within the range as set forth in the guidelines, but the judge may not exceed the maximum penalty of five years initial confinement followed by five years extended supervision, section 973.01(2). ... Read More

Q. Getting a license reinstated in another state

April 13, 2020

A: Section 343.38(1) of the Wisconsin Statutes requires you to comply with the reinstatement requirements, including paying a $200 reinstatement fee. The court ordered that the DMV revoke your operating privilege for 2 years, but this does not mean your privilege to drive is automatically reinstated. The revocation continues indefinitely until you comply with all reinstatement requirements.

When you apply for an Illinois driver license, the Illinois Secretary of State will check with the National Driver Registry Problem Pointer System to see if your operating privilege is suspended, revoked or cancelled in any other state, and if so, you will not be eligible for issuance of a driver license in Illinois or any other state. Therefore, you must reinstate your operating privilege in Wisconsin to be eligible for a driver license in Illinois. ... Read More

Q. If I dont except the district attorneys deal can I be charged with bail jumping?

March 24, 2020

A: No. The conditions of bail are not violated by declining to accept an offer made by the District Attorney. You have the right to fight the case, which includes having motion hearings and a jury trial. You have the absolute right to advise the District Attorney that you are rejecting the offer.