If you have been arrested and charged with a crime, you will be facing a lengthy and difficult legal process. It is important for you to understand what you are facing and how a criminal defense attorney can help you every step of the way. They will explain both how the law works and your legal rights in the situation. A criminal defense lawyer at Hogan Eickhoff would work to protect your legal rights and seek the best possible outcome in your case. Here are the steps in the legal process after you have been charged with a crime in Wisconsin.
Arrest and Booking
The legal process begins at the moment you have been arrested or charged with a crime.
You may have been arrested in one of several ways:
- On the spot by officers based on probable cause
- After an indictment and pursuant to a warrant for your arrest
Law enforcement would read your rights at the time you have been arrested. You would be taken to a police station, where you would be booked and fingerprinted and usually held in custody until the time that you could appear before a judge.
Initial Appearance / Arraignment
You would make your initial appearance in front of a judge shortly after the arrest. Law enforcement cannot postpone your initial appearance because you are held in custody prior to that point. At the initial appearance, you would be formally informed of the charges that you are facing.
The judge would make sure that you know your rights. The judge would typically make a decision about whether bail should be set or whether you can be released on your own recognizance. Depending on the circumstances, the judge may even order that you continue to be held. You would enter a plea, which is usually not guilty. You should have a criminal defense lawyer representing you for your initial appearance in court, especially if there are issues pertaining to bail.
Pretrial Proceedings
Much of what happens in your legal case would occur in the time before your trial. At some point, the prosecutor would share all of the evidence that they intend to use against you in court with your criminal defense attorney. It is a requirement that they inform you of all of this evidence in advance so there are no surprises at trial. The prosecutor cannot use evidence that they have not shared with you. A criminal defense attorney could decide to challenge certain pieces of evidence if there is an issue, such as the fact that they were illegally seized.
Both your attorney and the prosecutor may also file certain pretrial motions that the judge would need to rule upon before your case goes to trial. The judge may decide to suppress evidence if it was illegally seized. Your criminal defense lawyer could also seek to have some or all of the charges dismissed if they are not sufficiently supported by the evidence.
During the pretrial phase, there may be negotiations between your lawyer and the prosecutor. You may elect to seek a plea bargain, and your attorney could work with the prosecutor. Negotiations are very common during this phase.
Trial
If the charges have not been resolved, your case will proceed to trial. As the defendant, you have the right to elect for either a jury trial or one that occurs in front of a judge. Each side would have the opportunity to present their evidence after they have made opening statements. The prosecutor would have the first chance to present their case, calling their witnesses to testify. Your criminal defense lawyer has the right to cross-examine the witnesses under the Sixth Amendment to the United States Constitution.
Once the prosecutor has rested their case, your attorney would begin to present yours. Depending on the advice of your attorney, you may be called to testify in your own defense.
After each side has rested their case, the jury would deliberate on the charges. They would reach a verdict on each charge that you are facing (or the judge would make a decision if you have chosen a bench trial).
Sentencing
If you have been convicted of the crime, the judge will set a sentencing date. They would consider various factors in determining the sentence that they would impose. For example, the judge may consider your criminal history, the severity of the charge, and whether there are any aggravating or mitigating factors. The judge could decide whether to impose fines, jail time, probation, or community service (or a combination of these).
The judge could also consider whether there is an alternative form of sentencing that could apply to your case.
Appeal and Post-Conviction Relief
If you believe that there were any mistakes of fact or law in your case, you would have the right to file an appeal. The strongest type of appeal is one that alleges a mistake of law by the judge, such as allowing your rights to be violated or allowing a certain piece of evidence that should have been suppressed. The appeals court would typically not rehear your case from the beginning. Instead, they would review whichever issue you claim to be an error and decide whether a mistake was made and if it tainted your case.
Contact an Appleton Criminal Defense Attorney
It is crucial that you have legal counsel from a criminal defense lawyer at every step of the process. Your legal rights are on the line at every minute. If they are violated, it can have dramatic consequences for you, including the loss of your freedom. Reach out to a criminal defense attorney at Hogan Eickhoff as soon as you have been arrested. We can provide you with vigorous legal representation throughout the criminal justice process. You can schedule a free initial consultation with a criminal defense attorney by contacting us online or by calling us today at (920) 450-9800. Our team has defended various misdemeanors and felonies including property crimes, domestic violence, sex offenses, drug offenses, and violent crimes.