The criminal justice system in Wisconsin can be confusing. Here’s Van Severen Law Office’s criminal procedure primer:
We agree – the criminal justice system seems complex to an individual who doesn’t interact with it on a regular basis. That’s one of the reasons we created this page. Terms that we, as criminal defense attorneys, use on a regular basis might sound like a different language to you. Sometimes it’s helpful to break those words down in a way that makes them more understandable for individuals moving through the criminal justice system. Although the facts in cases are different, the way in which they move through the criminal justice system is generally the same.
Below you’ll find links to specific pages dealing with a few of the important points of a criminal case. These points range from the initial appearance, which is your first court appearance, through sentencing, where a criminal case typically ends, and we finish by briefly discussing appeals. While your case might not proceed to appeal, you maintain the option to do so.
Below, you’ll find various hearings or important points that criminal cases in Wisconsin encounter:
Initial Appearance – This is your first court date. You’re provided a copy of the criminal complaint and informed of your charge. Bail is generally set at this hearing.
Preliminary Hearing / Arraignment – A preliminary hearing is used in felony cases to determine whether there is probable cause for the case to continue. An arraignment is an entry of a “not guilty” plea. It occurs at the initial appearance for misdemeanor charges, and after the filing of the information in felony cases.
Receipt of Discovery – Discovery refers to all police reports, expert reports, photographs, videos, and other evidence used against you in a criminal case. We obtain this information after filing a demand for discovery. Generally this isn’t a contentious issue in criminal proceedings, but can quickly become so when prosecutors try to hide evidence.
Pre-Trial Motions – Pre-trial motions take all kinds of different forms. A motion requests that the court take a specific action. A motion to dismiss requests that the court dismiss the case against the defendant. Similarly, a motion to suppress evidence requests that evidence, or a statement, that we believe was obtained illegally cannot be used to prosecute the defendant. There are dozens of other motions, but these two are pretty common.
Plea Bargaining – A plea offer is the government’s offer to resolve your criminal case short of trial. While many counties provide an automatic offer, frequently we ask for more, and engage in plea bargaining. This work often occurs while we’re also preparing to fight your case at trial.
Trial – The culmination of your criminal case. Juries hear most criminal cases in Wisconsin. Prosecutors attempt to prove, beyond a reasonable doubt, that you committed a crime. We defend you and argue against such a result.
Court Trial – A court trial is an alternative to a jury trial. Prosecutors argue your case (and we defend you) to a judge, rather than a jury.
Sentencing – A sentencing hearing occurs after (if at all) the defendant is convicted of committing a crime. This occurs after a plea deal or a trial loss. Sentencing never occurs if we beat your case.
Appeal – Do you feel something illegal or unconstitutional occurred in your case, and your trial attorney failed to address it? Generally speaking, an appeal addresses this. Appeals happen (with the exception of a rare interlocutory appeal) after your case has been resolved at the trial court level. The Court of Appeals and the Supreme Court of Wisconsin hear criminal appeals in our state.
For the best defense, don’t simply rely on an online guide. Contact our Wisconsin criminal defense lawyers immediately for help dealing with criminal procedure.
The criminal defense attorneys at Van Severen Law Office, S.C. represent Wisconsinites facing criminal charges every day. Although we recognize that criminal procedure may be confusing to you, it’s something we intimately understand. This knowledge is foundational for any criminal defense attorney that represents clients in this state.
No matter the hearing – an initial appearance, a preliminary hearing, a plea hearing, a motion hearing, or a trial – the consequences for screwing up could be disastrous if handled improperly. The constitution entitles you to defend yourself. But, should the first contested preliminary hearing you fight be your own? Could a proper criminal defense attorney have won the hearing? What about a bail argument at an initial appearance? Do you know the factors that matter to the judge? (I didn’t do it isn’t one of them.)
While the information provided on this page is purely educational (and not legal advice), if you’re seeking a criminal defense attorney to fight your case, give us a call. At Van Severen Law Office, S.C., we’re criminal defense experts. Call us at (414) 270-0202 to discuss your case and figure out whether we’d be a good team.
