The Sixth Amendment to the United States Constitution entitles you to a jury trial in a criminal case. You will have your proverbial “day in court,” where the prosecution will present the evidence against you in the form of witnesses. You will also have the right to put on your own case. Here is what you can expect at a criminal trial in Wisconsin.
If you have been convicted of a crime in Wisconsin, it is far from the end of the legal story in your case. The law gives the judge the discretion to impose a sentence in your case. There is a wide range of potential that could range from probation to the maximum possible period of incarceration under the law. The judge may consider a number of factors before they reach their decision. Two defendants could receive entirely different sentences based on their own personal situations, both in life and surrounding the crime that was committed. One key concern in any sentencing proceedings is mitigating factors.
There are high stakes involved when you are facing any type of domestic violence charges in Wisconsin. If you are convicted, there will be immediate impacts. You cannot and should not face the legal system alone. Otherwise, you may be subject to a rush to judgment, and you can do damage to your own case. You should always contact a criminal defense attorney as soon as you are arrested or you learn that you are being investigated.
Most criminal cases do not end up at trial. Either the charges are dropped, or the defendant reaches a plea agreement with the prosecutor. Your criminal defense attorney may look for a way to get the charges dropped if it is at all possible. In some cases, the charges are dropped when you successfully fight and stand up for your legal rights. In other cases, the charges may be dropped as part of a deal with the prosecutor.
Once you have been charged with a crime, your first major decision is whether to hire a lawyer in your case. There is no question that you should retain an attorney to represent you. Your legal rights and perhaps even your freedom are at risk. You are then faced with a choice of whether to hire a private criminal defense lawyer or a public defender. It is worth the investment to get your own private lawyer. Public defenders are simply too overloaded and under-resourced to fight as effectively as a private lawyer can.
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.
Some criminal defendants in Wisconsin are faced with a choice of whether to pay for their own attorney or have a public attorney appointed for them. For some defendants, a public defender is an absolute necessity. However, if you have the ability to hire a private attorney in any way, you should strongly consider doing so. There are substantive differences in both the experience of working with your lawyer and the results that they will obtain for you.
Very few criminal cases will actually go to trial. Most cases result in a plea agreement with the prosecutor, where the defendant pleads guilty in exchange for a lighter sentence or lesser charges. However, you can and should fight the charges against you all the way to trial if the prosecutor does not have the evidence to prove your guilt. Here is what is in store for you if your Wisconsin criminal case goes to trial.
What you do once you learn you are being investigated or have been criminally charged can affect the outcome of your case. There is little that you can do on your own to make your situation better. Unfortunately, there are many mistakes that you can make that can make your situation worse. Law enforcement will do everything that they can to win a conviction, and your mistakes can make their life easier. The way to avoid making crucial errors that can muddy your legal situation is to contact an attorney. Your lawyer will advise you about what not to do, and they will deal with the prosecutor on your behalf.
Sentencing is when the court imposes a punishment on the defendant after they have been found guilty at trial or has pled guilty to a crime. A judge will hold a hearing before they render their decision about the criminal sanctions for the defendant. The sentencing hearing is a tremendously stressful proceeding for the defendant because they literally learn their own fate. The defendant has a right to be heard before the judge hands down a sentence.