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.
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