Wisconsin criminal courts can be intimidating and confusing for anyone facing criminal charges. An experienced criminal defense lawyer can help you navigate this difficult process and protect your rights. Attorney Andrew Walter has the experience dealing with  police, prosecutors, and judges in Walworth, Waukesha, and Racine to ensure that you get an equitable result. Due to his experience and competence, Andrew has been honored with nominations by local judges for various public service positions and chosen by local attorneys and judges to serve as trustee and receiver in complex court cases. Contact Andrew for a free consultation to discuss your case. 

Some cases require an aggressive trial defense, while others require sensitive plea negotiations. When your case begins, the only information about you available to the District Attorney is whatever is in the police report. A good criminal defense lawyer should change that fact; enlighten the District Attorney by giving your story. By documenting your good qualities, your contributions to friends, family, and the community, your education, your employment, and your dedication to treatment or counseling, a criminal defense lawyer can often negotiate reduced charges or some result that protects your liberty and future employability. Whether you are in college, have a career, or just want to protect your reputation, a good lawyer should understand that your case involves more than just the legal issues involved.     

The Wisconsin Criminal Court Process 

Setting the Bond or Bail 

The first important issue after an arrest or summons is setting the bond or bail. The judge or court commissioner will determine whether to release you during your case and the conditions of your release. The judge can allow a signature bond, which requires that you pledge to pay a certain amount of money if you do not obey the requirements of your bond. The judge may order you to pay cash bail to secure your release. Whether to order a signature bond or require cash bail depends upon your prior record, ties to the community, history of missed court dates or fleeing police, danger to the community, and the seriousness of the charges. If possible, you should consult with a criminal defense lawyer before your bond hearing so that the lawyer can prepare an argument for a less restrictive signature bond. If you already have a bond, a lawyer can file a motion to reduce your cash bail or eliminate any restrictive conditions.  

Initial Appearance or Intake Court 

This hearing is often your first appearance in criminal court. The purpose is to ensure your identity and that you understand the charges against you. The judge may review the criminal complaint to ensure probable cause, although most courts delay this step until your attorney files a written motion to dismiss. If your case is a misdemeanor, the Initial Appearance serves as the Arraignment, where you will enter a plea (usually not guilty), and the judge will schedule the next hearing in your case. In a felony case, you will not enter a plea at this time. Instead, you will schedule a Preliminary Hearing. You should have an attorney before your Initial Appearance to ensure that you do not waive any defenses or defects in the case. 

Preliminary Hearing (Felony Cases Only) 

In Wisconsin felony courts, the law requires a hearing to determine whether there is probable cause to believe that you committed a felony. The District Attorney must present evidence to convince the judge that there is probable cause. This is your first chance to see some or all of the witnesses testify against you. If the State fails to show probable cause, the judge will dismiss your case or order that the case proceed as a misdemeanor.  

Arraignment 

At Arraignment, you will enter a plea, usually not guilty unless a plea agreement is in place. The judge will schedule either a trial or other hearings depending on the circumstances of your case. 

Motion Hearing or Status Hearing 

Hearings after the Arraignment include hearings to determine motions and Status Hearings to determine the status and future scheduling of the case. A Motion Hearing is where the judge decides on any motions filed by your attorney or the District Attorney. These hearings often involve witnesses and presentation of exhibits. The outcome of a Motion Hearing often critically influences the outcome of the case. The main purpose of Status Hearings is determining if the case is likely to settle or go to trial. If your attorney negotiates a satisfactory plea agreement, you will enter the agreement at a Status Hearing. 

Jury Trial or Bench Trial 

If you are accused of a crime in Wisconsin, you are entitled to a 12 person jury trial. The District Attorney must prove the case against you beyond a reasonable doubt. The jury must reach a unanimous verdict. In the alternative, you may choose a bench trial, which is trial without a jury. The judge determines the outcome of your case in a bench trial. Whether to choose a jury trial or bench trial requires the expertise of an experienced criminal defense lawyer.

Sentencing 

Upon any conviction, whether because of a plea agreement or conviction at trial, the judge will impose your sentence. Even if you have an agreement with the District Attorney, the judge has the final decision. Your lawyer should prepare evidence regarding your character, the seriousness of the offense, and whether you present a risk to the community. The judge may sentence you to jail, give you a fine, or place you on probation.  

What You Can Do 

You should meet with your attorney as soon as possible to discuss the evidence in your case. You should tell your attorney about witnesses or documents that you have or know about that may help your defense. Attorney Walter talks to all clients about the need to document positive contributions to the community. Whether arguing for reduced charges or probation, you want to give the judge and District Attorney enough information to see that you are not a risk to the community. We will make a list of all evidence of your good character including your education, your employment history, any volunteer work, helping friends and neighbors, and anything else that suggests you are a good citizen who made a mistake. We are all flawed, but the criminal justice system is mainly about future protection for the community. Andrew also discusses treatment or counseling with many clients, particularly anyone involved in a drunk driving or drug case. In these cases, Andrew’s experience is that judges recognize and reward anyone who recognizes a problem and takes positive action to make sure they do not return to criminal court.