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Practice Areas
DUI Defense Misdemeanors Traffic / Ordinance Violations |
Being accused of a criminal offense can have serious repercussions and can impact your life forever. For example, a criminal conviction may have an adverse affect on your employment opportunities, ability to retain or obtain a professional license, right to vote, ability to receive student financial aid, passport eligibility, etc. Therefore, it is important to consult with an attorney to make sure your rights are protected.
Wisconsin Criminal Court Process Overview Arrest. For most people a criminal case against them is started by an arrest at the scene of an alleged crime followed by criminal charges being brought against them. For others, they may be charged with a crime before they are arrested. In this instance, a judge will issue a warrant for their arrest which will then be executed by the police. Either way, once you are arrested you will usually be taken into custody and transported to the local police department where you will be "booked". This process may entail taking your fingerprints, photograph, and completing other procedural requirements. If you were arrested without a warrant, a judge must determine if there is enough probable cause to charge you and this determination usually must be done within 48 hours after your arrest. However, if you have been arrested by a warrant the 48 hour rule does not apply since a judge has already determined enough probable cause exists in order to issue the warrant. Initial Appearance. This is the defendant's first appearance in court in a criminal case. At this hearing, the judge will inform the defendant of the charges, provide them a copy of the complaint, inform them of their right to a lawyer (if defendant is unrepresented), and set bail. However, in misdemeanor cases the initial appearance also functions as the arraignment where the defendant is formally charged and allowed to enter an initial plea. Preliminary Hearing (Felony). The purpose of this hearing is to determine whether or not the prosecution can prove to a judge there is enough probable cause to believe the defendant actually committed a felony and to go forward with the criminal charges in order to bind the case over for trial. Although a preliminary hearing is required in felony cases, in certain circumstances it may be waived on the recommendation of your attorney. A preliminary hearing is somewhat similar to a trial in that witnesses usually are called and both the prosecution and defense present parts of their case. Arraignment (Felony). At this court hearing the defendant is formally charged and receives a copy of the information. The information is similar to the complaint however the information must be consistent with the information that was presented at the preliminary hearing. The defendant will once again be advised of their right to have an attorney and they will enter a plea. Pretrial Conference. At the pretrial conference the defense attorney and prosecutor meet to discuss the strengths, weaknesses, and potential outcome of the case. This is usually the point in time when plea negotiations will take place. The majority of criminal cases in the United States end with some sort of plea agreement. This saves the time, work, and money of going through an entire trial but a plea agreement should not be taken lightly as it can still carry dire consequences. It is important that the defendant discuss with their defense attorney all of their options and the affect those would have. Pretrial Motions. There may be many motion hearings before a trial. A motion may be written or oral and requests court action regarding a particular legal issue. There are many motions that can be made including but not limited to continuances, limiting testimony, admissibility of evidence, and so on. Trial. A hearing for presenting physical and testimonial evidence to a judge or jury for a determination of whether the defendant is guilty "beyond a reasonable doubt" or not guilty of the crimes charged. The prosecution starts first and presents any evidence of guilt is has. Then the defendant gets a chance to present their own evidence and challenge the prosecutions evidence. A defendant may be found guilty of all, some, or none of the charges. If a defendant is found guilty of all or some of the charges, they will then be sentenced by the judge at that time or at a later hearing. However, if the defendant is found not guilty of the charges, then the case is dismissed. Sentencing. When someone is found or pleads guilty they will subsequently be sentenced by the court. It is up to the judge's discretion with the guidance of Wisconsin statutes in determining the appropriate sentence. Back to top Have you been charged with a Noncriminal Offense? Most of the time county, city, or town ordinance violations are not criminal offenses. The same goes for many traffic related offenses like speeding for example. If you have been charged with an ordinance or a non criminal traffic offense you will be given a citation. The citation will usually give you the option to pay a monetary penalty (called a civil forfeiture) or going to court. Even though on its face these types of violations may not seem serious, they should not be taken lightly as they can still have severe consequences if you do not act appropriately. For example, if you fail to pay the forfeiture by the deadline given on the citation or you choose to go to court and are found guilty, you could be jailed or ordered to perform community service. Furthermore, if the violation is for a traffic offense, your drivers license may be suspended. Also traffic offenses may not be as simple as just paying a fine. In Wisconsin for every traffic offense you are charged with you will receive Demerit Points. The accumulation of these points can add up and as a result your driving privileges may be suspended or even revoked. If you accumulate more than 12 demerit points in a year your drivers license will be suspended. The number of demerit points given is not the same for every offense or violation. For example, you are given 6 demerit points for speeding 20mph or more over the limit but for a failure to give proper signal you are only given 3 demerit points. However, as you can see even a few small citations can accumulate and get you dangerously close to getting your drivers license suspended. Please note that even though you may be able to reduce 3 points off your total by attending a traffic safety course, this can only be done once every 3 years. Back to top |
