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.
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.
There are numerous things that must be considered before trial that are far more than just “housekeeping” items. The actual trial is where your freedom is at stake, and the court system takes it extremely seriously. Criminal trials are coordinated and planned to an extent to allow both the state and you to effectively present their case. The pretrial conference is a critical milestone in your case because it both sets the ground rules for the trial and could even facilitate a resolution of your case.
There is much that happens early in your case, well in advance of trial. In the beginning, you must learn of your legal rights and enter a plea (as you do in the initial appearance), and the basis for the case against you must be established. There is a screening process to weed out weak cases because forcing you to trial on a vague and unestablished case is inconsistent with your legal rights.
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.
Many people are often unaware of what happens in the early stages of a criminal case. Instead, they are focused on the trial itself. However, the initial appearances may set the groundwork for a successful defense of the charges or make it clear to the prosecutor that they have their own risk in taking a case forward to the jury.
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.
In our role as Appleton criminal defense attorneys, individuals regularly contact us with issues related to pretrial release – specifically cash bail and bond conditions. While these terms are often used interchangeably by lawyers, judges, and others in the criminal justice system, technically, bond refers to the conditions of pretrial release, and bail refers to a monetary condition of bond (money you put up to get out of jail). Once you have attended all court appearances and your case is disposed of, you should get any bail you posted back. The Eighth Amendment to the United States Constitution states that “excessive bail shall not be required.” In addition, when you have been arrested and are awaiting trial, Wisconsin law allows you to be released under “reasonable conditions.” These conditions are designed to: Assure your appearance in court Protect members of the community from serious bodily harm Prevent the intimidation of … Continued