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.
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 after you have been arrested and charged with a crime could dictate whether you face legal consequences and how serious they are. You can help or hurt your own criminal defense based on your own actions. Regardless of the charges against you, there are things that you can do to put yourself in the position to get the best possible legal outcome in your case. Here are four tips for you to consider as you seek to build the strongest possible criminal defense in your case. Hire an Experienced Attorney Immediately You should never try to face the criminal justice system on your own. Law enforcement has seemingly unlimited resources that they can use in your case. You are up against an experienced prosecutor who knows the process well. Although they may have many cases on their docket, they know how to move along the ones that … Continued
Many people think that the protections of the legal system are enough to keep an innocent person from being convicted of a crime. However, the mere fact that an innocent person is in the court system is a large problem in itself. They are subject to an extreme amount of pressure and stress. They must also expend large amounts of money on legal defense. Any time that someone is in the legal system, there is a risk of conviction and jail time. If you have been charged with a crime that you did not commit, you need an attorney immediately.
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.
The Wisconsin State Supreme Court recently issued a major decision affecting the rights of defendants in criminal cases in the state. In a 4-1 decision, the Supreme Court held that it was legal for the police officers to ask a motorist to exit the car and subject him to a search when the officer already had a citation in hand to issue for not wearing a seatbelt. If something similar to this happens to you, make sure to contact your criminal defense attorney right away.
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.