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…

If a defendant is convicted he may appeal his conviction by filing a Motion for Post-Conviction Relief with the trial court, or by filing an appeal directly with the Court of Appeals.  The conviction will be either reversed or upheld. When a conviction is reversed, a new trial will be held unless the State decides…

Sentencing: When you learn what, if any, punishment you’ll receive. If the defendant enters a plea or is found guilty at trial, the actual punishment is determined by the judge at a sentencing hearing. The judge is required to consider the severity of the offense, the character of the defendant, and the need to protect…

Court trials in Wisconsin In certain circumstances the defense will conduct a trial without a jury.  A court trial involves the judge making all decisions in the case, including what evidence is relevant and whether the defendant is guilty beyond a reasonable doubt.  Each side presents its case to the judge, just as they would…

Do I still need an attorney if I’m just looking to enter a plea in my case? In short, yes.  Because so many cases are settled, it’s crucial that your attorney have the ability to effectively negotiate a plea.  The effectiveness of your lawyer relies on numerous factors, but we believe the most important is…

Preliminary hearings occur in felony cases.  At the preliminary hearing, a judge/court commissioner determines whether the defendant probably committed a felony. When there is not probable cause to proceed, the court must dismiss the charges against you.  Alternatively, when the court finds probable cause, they “bind over” the defendant and the case proceeds to trial. …