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Berghahn, Marcus J.

Marcus J. Berghahn - Madison, WI

Attorney at Hurley Burish, SC

White Collar Criminal Defense Lawyers in Madison, WI

33 East Main Street Suite 400 Madison, WI 53703

  • Free Consultation
  • 1 Super Lawyers®
  • 30 Years 
    Experience

Madison White Collar Criminal Defense Lawyer

Updated: 03/10/2026

Areas of Practice

  • White Collar Criminal Defense
  • Appeals
  • Victom Advocacy
  • Internal Investigations
  • University Disciplinary Proceedings

Litigation: 100%

Attorney Information

Overview

Marcus Berghahn defends individuals and businesses accused of criminal misconduct. His practice encompasses all types of criminal cases at all stages of criminal proceedings-investigation, pre-charging negotiation, practice before a Grand Jury or a John Doe magistrate, motion hearings, jury trial, sentencing-on through to appeal. Because of the depth of his experience, Marcus also counsels witnesses and victims when they are involved in criminal proceedings. Marcus takes pride in helping clients through a very difficult time in their lives and delivers on what he believes are three core client needs: "Helping clients understand exactly what will happen at each stage of their case and what that means for them; having compassion for the stress and anxiety attendant to criminal cases; and listening to a client's concerns and priorities in order to deliver the best advice possible, leading to the best result possible."

Marcus lectures regularly on topics of criminal law at continuing legal education seminars. He is an adjunct professor at the University of Wisconsin Law School where he teaches a seminar on constitutional and criminal law. Marcus is a double Badger, completing both undergraduate and law school at the University of Wisconsin-Madison.


Awards and Honors

Super Lawyers® Selectees

SuperLawyers

Marcus J. Berghahn included in a Super Lawyers® list

Honors

  • 2007 Dane County Bar Association Pro Bono Superstar, 2007
  • AV Preeminent Rated – Martindale Hubbell®
  • "Rising Star" - Super Lawyers and Rising Stars®/Milwaukee Magazine, 2006 - 2008
  • Wisconsin Association of Trial Lawyers Nathan Heffernan Award, Excellence in Trial Advocacy, Co-recipient
  • The Best Lawyers In America®, 2016 Criminal Defense: White Collar
  • Super Lawyer—Super Lawyers and Rising Stars®/Milwaukee Magazine
  • Super Lawyer – Top 25 Madison Area 2016
  • Super Lawyer – Criminal Defense 2016
  • 10.0 Superb Avvo™ Rating (Top Attorney Criminal Defense)

Other Sources of Feedback About Marcus J. Berghahn

Included on the 2025 Wisconsin Super Lawyers list


Past Lists

  • 2024 Wisconsin Super Lawyers list
  • 2023 Wisconsin Super Lawyers list
  • 2022 Wisconsin Super Lawyers list
  • 2021 Wisconsin Super Lawyers list
  • 2020 Wisconsin Super Lawyers list
  • 2019 Wisconsin Super Lawyers list
  • 2018 Wisconsin Super Lawyers list
  • 2017 Wisconsin Super Lawyers list
  • 2016 Wisconsin Super Lawyers list
  • 2015 Wisconsin Super Lawyers list
  • 2014 Wisconsin Super Lawyers list
  • 2013 Wisconsin Super Lawyers list
  • 2012 Wisconsin Super Lawyers list
  • 2011 Wisconsin Super Lawyers list
  • 2009 Wisconsin Super Lawyers list
  • 2008 Wisconsin Super Lawyers list
  • 2007 Wisconsin Super Lawyers list
  • 2006 Wisconsin Super Lawyers list

Education

  • Legal Education

    • University of Wisconsin Law School, Madison, Wisconsin, 1996
      J.D.
  • Non Legal Education

    • University of Wisconsin, Madison, Wisconsin, 1990
      B.A.
      Major: German Literature

Current Employment Position(s)

  • Partner

Languages

  • English
  • German

Classes and Seminars

  • Do You Cyber[Law]?: Facebook and the First Amendment, ACLU of Wisconsin Membership and Activist Conference, September 27, 2008
  • Adam Walsh Act: Sex Offender Registry For Youths & Adults, Wisconsin State Public Defender 2007 Conference, October 11, 2007
  • Adam Walsh Act: Implementation, Implications and Challenges, Federal Defender Services of Wisconsin, Inc., April 5, 2007
  • Don't Get Arrested Over Spring Break!, UW-Madison Students for a Sensible Drug Policy and ACLU-UW, March 22, 2007
  • Preventing and Defending School Disciplinary Proceedings, Advocacy Institute for Racial Equality, March 10, 2007
  • Thoughts on Best Sentencing Practices, Wisconsin Association of Criminal Defense Lawyers, June 15, 2006
  • Defending a Child Pornography Case, Professional Education Systems Inc., February 15, 2005
  • CJA Panel Training Seminar, Pretrial Motions, Federal Defender Service of Wisconsin, Inc., January 25, 2005
  • Sections on Pretrial Release, Pretrial Motions and Relevant Conduct, U.S. District Court for the Western District of Wisconsin CJA Federal Defender Introductory Panel Training Seminar, May 7, 2004
  • UW-Madison Students for Sensible Drug Policy: A Student’s Guide to Criminal Law, April 14, 2004
  • Sections on Pretrial Release, Pretrial Motions and Relevant Conduct, U.S. District Court for the Western District of Wisconsin CJA Federal Defender Introductory Panel Training Seminar, May 7, 2004
  • UW-Madison Students for Sensible Drug Policy: Know Your Rights: A Student Guide to Police Contacts, April 16, 2003
  • College of Letters and Science: Individual Rights and Responsibilities: Your Rights, UW-Madison, Alcohol Behavior, Culture & Science 111, March 3, 2003
  • Lawyering Skills Course Faculty Member Criminal Proceedings Week, University of Wisconsin Law School, January 27, 2003 - January 30, 2003
  • UW-Madison Students for Sensible Drug Policy: Drug Offenses and the Federal Sentencing Guidelines, November 12, 2002
  • UW-Madison Students for Sensible Drug Policy: Know Your Rights, April 24, 2002
  • Federal Grand Jury Practice, U.S. District Court for the Western District of Wisconsin CJA Federal Defender Training Seminar, January 28, 2002
  • Getting your Client released on Bail, U.S. District Court for the Western District of Wisconsin CJA Federal Defender Training Seminar, January 28, 2002
  • Negotiating a Plea with the U.S. Attorney, U.S. District Court for the Western District of Wisconsin CJA Federal Defender Training Seminar, January 28, 2002
  • Preparing for Sentencing – Effective Sentencing Practice, U.S. District Court for the Western District of Wisconsin CJA Federal Defender Training Seminar, January 28, 2002
  • General Practice Skills Course Faculty Member: Skills Intensive Training, University of Wisconsin Law School, March 30, 2001 - March 31, 2001
  • Effective Sentencing Practice, Dane County Criminal Defense Bar Association, March 13, 2001
  • Lessons from Federal Court, Dane County Criminal Defense Bar Association, March 13, 2001
  • A Student’s Guide to Police Contacts, University of Wisconsin-Madison ACLU Chapter and UW-Madison Students for Sensible Drug Policy, February 21, 2001
  • Pretrial Release – the Defense Perspective: Tools for Winning (at Trial and Sentencing), U.S. District Court for the Western District of Wisconsin CJA Federal Defender Training Seminar, November 2, 2000

Representative Cases

  • United States of America v. Joseph Schulte
    • Citation: 144 F.3d 1107
    • Court: 7th Cir.
    • Year: 1998
  • In the Interest of A.S.
    • Citation: 243 Wis. 2d 173, 626 N.W. 2d 712, 2001 WI 48
    • Year: 2001
  • State of Wisconsin v. Debra Head
    • Citation: 2002 WI 99
    • Year: 2002
  • United States of America v. Duane Pede & Jeffrey D'Ambrosia
    • Citation: 313 F.3d 987
    • Court: 7th Cir.
    • Year: 2002
  • State of Wisconsin v. John Powers
    • Citation: 2004 WI App 156
    • Court: Ct. App.
    • Year: 2004
  • State of Wisconsin ex rel. An Individual Subpoenaed To Appear At Waukesha County John Doe Case No. 2003 JD 001 v. The Honorable J. Mac Davis and State of Wisconsin
    • Citation: 2005 WI 70
    • Year: 2005
  • United States of America v. Georgia Thompson
    • Citation: 484 F.3d 877
    • Court: 7th Cir.
    • Year: 2007

Published Works

Articles

  • Frequently Asked Questions Upon Conviction in Federal Court
  • An Introduction to Federal Grand Jury Practice
  • Pretrial Release: The Foundation for Winning at Trial or Sentencing
  • The Attorney-Client Privilege: The Self Defense Exception To The Attorney-Client Privilege, Wisconsin Defender, December, 1998
  • Straw, Sticks or Bricks: How Strong is the Attorney-Client Privilege? A Cautionary Tale for Defense Counsel, Wisconsin Defender, June, 1998
  • Preventing and Defending School Discipline Proceedings
  • Potential Consequences Collateral to a Criminal Conviction
  • Admissibility of "Soft Science" Expert Testimony in Wisconsin and Techniques to Challenge its Use, Wisconsin Defender, December, 1998
  • Adam Walsh Act: The Federal Sex Offender Registry and So Much More
  • Adam Walsh Act & Sex Offender Registry for Youths and Adults
  • "Sharp Practice:" The Use of Section 908.01(4)(b) Admission by Party-Opponent to Hoist A Prosecutor By His Own Words, or the Lessons of State v. Cardenas-Hernandez, Wisconsin Defender, December , 1999
  • The Nuts and Bolts of the Adam Walsh Act: What SORNA Really Means
  • OWI Law: New Developments Under U.S. Supreme Court Decision
  • Miranda v. Arizona: 50 years later
  • Legal proceedings: What is a John Doe investigation anyway?
  • Best in Show: Admissibility of Police Dog Evidence
  • Attorney Marcus Berghahn Comments on Rental Cars and Criminal Law

Bar Admissions

  • Wisconsin, 1996
  • U.S. Court of Federal Claims, 2008
  • U.S. District Court Western District of Wisconsin, 1996
  • U.S. District Court Eastern District of Wisconsin, 1997
  • U.S. District Court Western District of Michigan, 2002
  • U.S. District Court Northern District of Illinois, 2004
  • U.S. Court of Appeals 7th Circuit, 1997

Other Affiliations

  • State Bar of Wisconsin (Member)
  • National Association of Criminal Defense Lawyers (NACDL) (Member)
  • Wisconsin Association of Criminal Defense Lawyers (WACDL) (Member)
  • Dane County Criminal Defense Bar Association (Member)
  • Dane County Bar Association (Member)
  • Western District of Wisconsin Bar Association (Member)
  • Wisconsin Bar Association, Western District (Member)

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Madison, WI

33 East Main Street
Suite 400
Madison, WI 53703

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Phone: 608-571-6166

Fax: (608) 257-5764

Email: Send a message

Website: http://www.hbslawfirm.com

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  • Free Consultations

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