Tag: criminal procedure

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…

Jury trials in Wisconsin If you don’t settle your case through plea negotiations you have the right to a jury trial. In Wisconsin, all 12 members of the jury (potentially a jury of 6 in misdemeanor cases) must agree unanimously that you are guilty or not guilty of each element of the offense beyond a…

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. …