If the defendant qualifies for bail, Wisconsin law states that the defendant is “eligible for release under reasonable conditions designed to assure his or her appearance in court, protect members of the community from serious harm, and prevent the intimidation of witnesses.” In practice, you may need to fight for reasonable pretrial conditions or even to be released at all.
You may be more familiar with another term for an initial appearance – an arraignment. The initial appearance is exactly what its name implies – it is your first time in front of a judge in your criminal case.
Being arrested and charged with a crime already puts you in enough legal jeopardy. There are things that you can do that can actually make your own legal situation worse. Nearly all of these mistakes are made by people who do not have an experienced criminal defense attorney. The longer you go without legal representation, the more likely you are to make an error that can handicap your criminal defense. What follows are common mistakes that defendants make that may increase the chances of being convicted or can lead to stiffer penalties when they are sentenced. You should retain counsel immediately to avoid making them. Speaking to Law Enforcement (Especially Without an Attorney Present) Some people may think that they can just give their side of the story to law enforcement and talk their way out of trouble. Talking is perhaps the worst thing that you can do after you … Continued
When defendants are charged with a crime, remaining at home while they await trial is not always a given. Defendants must be released pending trial, and in some cases, judges may order that they be held in custody while they are awaiting trial. The bail hearing is one of the most important moments in the early stages of the criminal justice process.
Law enforcement does not have a legal right to hold a defendant indefinitely without them being able to go in front of a judge. Otherwise, it would be a violation of the defendant’s rights that could jeopardize the prosecution. The initial appearance in front of a judge is called an arraignment. There are several substantive things that will happen in an arraignment that provide an introduction of sorts to the case.
Bail is an important – and often misunderstood – part of criminal cases. Bail can mean the difference between spending months (or years) behind bars while you await trial and spending that time at home and working. It is always important to have the assistance and representation of an experienced criminal defense attorney who can work to ensure you receive fair bail – or even no bail at all. The following are some frequently asked questions about bail in Wisconsin. What is Bail? Bail is a legal concept that has been in practice across the world since before the year 1000. In today’s society, there are often conditions set for a criminal defendant that allow them to be released from jail prior to trial, and bail generally refers to cash or property they must “put up” to be released. If the defendant appears in court as promised, the bail is … Continued