When you have been charged with a crime, your freedom while you are awaiting the final outcome of your case is not guaranteed. The judge would have to decide whether you can be released before you were to stand trial or whether you must remain in jail while you await trial. Before the judge can make this decision, you are entitled to due process and the right to be heard. Below, we will talk through what you can anticipate before a trial and how a criminal defense attorney at the firm of Hogan Eikhoff can represent you at any pre-trial hearings.

Bail Hearings Try to Balance Your Rights with Those of the Public
Wisconsin law aims to balance your interests and rights with the fair and safe administration of the criminal justice system. The law does not want you to be imprisoned unnecessarily, yet it also wants to ensure that you do not flee and make your required appearance in court. At the same time, the law also wants to ensure the physical safety of witnesses who may be lined up to testify against you and also to protect society from any potential harm that you are feared to be able to commit. Accordingly, you may be released under certain circumstances, while you may be ordered to remain in jail under other circumstances.
The Potential Outcomes of a Bail Hearing
The court must make a decision about your freedom while you are awaiting trial at an early point in your case. In general, the judge would have three options available to them when deciding what happens in advance of your trial:
- You could be released on your own recognizance and not required to post any bail at all
- You could be released after posting a certain amount of bail as ordered by the judge
- Bail could be denied altogether, and you could remain in prison while you are awaiting trial
Bail Would Be Determined at a Pre-Detention Hearing
Wisconsin law requires that you are afforded a pre-trial detention hearing within ten days of the time when you have been arrested or charged. Here, the court would make the decision about whether you are to be released or whether you must remain in prison. Remember that there is no guarantee that you will be released on bail. The judge would weigh a number of factors before making a decision in your case. You have the right to be heard at this hearing because your freedom is on the line.
There are very serious charges that may keep you from being released on bail. For example, if you are accused of murder or sexual assault, you may be held in jail while you are awaiting trial.
Pre-trial hearings would involve arguments from both your criminal defense attorney and the prosecutor about the conditions of your release and whether you may present a danger of flight or to witnesses in the case. Both sides may be able to present their own witness testimony to support their case. Any witness who testifies in court can be confronted through cross-examination. You may even be called to testify on your own behalf, although anything that is said in this hearing cannot be used as evidence against you in your criminal trial. Your testimony in a pre-trial hearing would have no bearing on the determination of your guilt.
The judge may also hear evidence about your potential risk of flight. For example, if you have a considerable amount of means at your disposal or you have extensive ties to a foreign country, a judge could consider you to be at a higher risk of flight. Not only is the judge deciding whether to grant bail, but they must also determine the amount that is necessary to ensure your appearance. The judge must be satisfied that you would appear at trial, imposing bail in a high enough amount that would ensure that you faced the charges against you.
The state is the one that has the burden of proof to show that you have committed a serious crime or that you still present a danger to the community. They must make this showing by clear and convincing evidence. You have the ability and right to try to rebut this evidence.
Bail Cannot Be Set at an Excessive Amount
If a judge decides to release you on bail, they will set an amount that you need to post. Although the United States Constitution prohibits excessive bail, there is nothing to say that the judge may not order a high amount if they believe it is necessary to ensure your appearance at trial in light of the crime you are charged with and your specific circumstances. If the court denies bail, you can be held for a period of 60 additional days. The court would need to conduct another hearing if the prosecution argues that you should continue to be held without bail. If bail is denied in your case, the court would need to schedule an expedited trial so as not to hold you for an unreasonable amount of time. If the court has decided to grant bail, there would be other conditions of release that could restrict many of your freedoms.
It is in your interest to have a criminal defense attorney representing you at a pre-trial hearing. You want to present your strongest and most organized case to the judge so you have a chance at pre-trial release under reasonable conditions. Since you have the right to confront witnesses who are testifying against you, it is essential that you have a criminal defense attorney to conduct this cross-examination of these witnesses.
Contact an Eau Claire Criminal Defense Attorney Today
If you are facing criminal charges, you need legal representation immediately to protect your legal rights. Schedule a free initial consultation with the experienced criminal defense attorneys at Hogan Eickhoff. Our lawyers will review your case and explain your legal options. You can speak with one of our criminal defense attorneys by calling us today at 920-450-9800, or you can contact us online.