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 presents challenges and numerous areas of your life. Besides your mental health and reputation, an arrest could challenge your finances. You will need to have money to pay for legal defense, so you must manage your finances during this time, as difficult as it may seem. You Cannot Spend as if Nothing Is Happening There are no two ways around the fact that you will need to cut back your spending until your case is resolved. If your case involves potential jail time, your family will need to survive while you are in prison. You will also need money to pay for your legal defense. You simply cannot continue to spend like you were before the arrest because a criminal defense costs money. You should inventory your expenses to figure out what you can eliminate or reduce. Ideally, you should reduce your expenditures to the bare minimum possible … Continued
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.
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.