Everyone is familiar with the courtroom scene where the lawyer stands up and says, “Objection, your honor.” The judge then rules on the objection, deciding whether to sustain it or overrule it. If the judge sustains the objection, opposing counsel cannot continue with that line of questioning. Your lawyer must be quick on their feet, or else you would lose the right to object. In other words, silence amounts to a waiver of the objection.
An arraignment is your initial appearance in court for your criminal defense case. It is one of your constitutional rights to be presented with the charges against you. It is one of the defendant’s first chances to appear in front of the judge, even though your case will not be won at an arraignment. However, do not make the mistake of thinking that the arraignment is a formality.
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.
If you have been charged with a felony offense, you have a legal right to a preliminary hearing in your case. In felony cases, a preliminary hearing is the court appearance that follows the initial appearance hearing. In misdemeanor criminal cases, there is no preliminary hearing. Preliminary hearings are also known as preliminary examinations, probable cause hearings, or simply as ‘prelims.’ As the individual who is accused of committing a criminal offense, you do not have a right to testify at a preliminary hearing. In other words, you cannot take the witness stand and talk about your version of events. However, your lawyer has the right cross-examine any witnesses, including police officers and others, whom the prosecuting attorney calls as a witness. The court will then make a determination about whether probable cause exists to charge you with the felony offense. If you are facing a felony criminal charge, it … Continued
If you have been charged with committing a crime in the State of Wisconsin, your first court appearance will be an initial appearance hearing. In some courts, this initial proceeding is referred to as an arraignment proceeding.
We all make mistakes, but sometimes those mistakes come with felony-level consequences. Many defendants want to accept responsibility for their actions but wish to avoid jail time. Age, medical issues, or family needs may leave many offenders worried about the collateral consequences of incarceration. In some cases, a qualified Appleton criminal defense attorney at Hogan Eickhoff might help you stay out of prison following a felony conviction. Discuss your concerns with our skilled legal advocates by calling (920) 450-9800 or contacting us online to schedule your free sentencing consultation.