Withheld sentences vs. imposed and stayed sentences: When the court places the defendant on probation it also determines what to do with the underlying sentence.  Should the court announce a penalty on the front end for a failure of probation?  Or should the court wait and only sentence the defendant if he fails probation?  That’s…

The timing of the preliminary hearing in felony cases: Section 970.03(2) of the Wisconsin Statutes describes the timing involved.  The preliminary hearing must be conducted within 20 days after the initial appearance if the defendant was released from custody.  It must be held within 10 days after the initial appearance if the defendant’s bail was…

What’s the actual definition of a misdemeanor? Section 939.60 of the Wisconsin Statutes provides us the actual definition of misdemeanor: A crime punishable by imprisonment in the Wisconsin state prisons is a felony.  Every other crime is a misdemeanor. We certainly believe that the focus on time is easier to understand.  By this definition, a…

Felonies carry a variety of sentences: A 12 month sentence is much different than a life sentence.  One is painful.  The other is a complete restriction of our liberty for the rest of your life.  So, how do we break down felonies? Felonies range from Class A to Class I and carry different penalties.  Section…