Frequently Asked Questions

In some less serious cases, you will simply be booked (fingerprints and photos taken) then released and given a court date to appear. In other cases, you will be held in jail until a court can see you and set a bond. A bond is your promise to appear for all court dates, not commit any crimes while you are released and may include other conditions specific to your case including limits on certain types of conduct like contact with certain persons, places or the use of substances.

A signature bond includes a monetary amount (for example, a $10,000 signature bond) but you are not required to pay that amount before being released - you simply sign the bond. If you violate the terms of your signature bond, the court may require you to pay up to the amount ordered. If the court orders a cash bond, you must pay the money before you can be released. That money remains with the clerk of court during your case. Fees, fines and restitution may be taken from that amount at the conclusion of the case if you are convicted, but the remainder will be returned to the person who posted it when your case is resolved. Wisconsin does not allow the posting of only a percentage of the bond and does not use bail/bondsmen who post bonds for you like some neighboring states.

Bond is meant to ensure your attendance in court and make sure that the public is protected during the time the case is pending. At a bond hearing, arguments will be made by both sides regarding the type, amount and conditions of bond. The court will decide between a signature bond or a cash bond, determine the amount of the bond as well as the conditions. There are some conditions of bond that are standard, meaning that every bond has them and there are some conditions that may be requested which are specific to your case such as no contact with certain people or places or restrictions on the use of substances. The prosecuting attorney can make arguments for why they think conditions should be ordered and we will make arguments against any conditions that are unreasonable or may impact you unnecessarily during the time your case is pending. It is important to pay close attention to all conditions of your bond once it is set. Violations may result in new charges or proposed changes to your bond including restricting your liberty and can make it more challenging for us to resolve your case to your best benefit. We understand that for most people the setting of bond is one of the most frightening and critical stages of the case because it has the potential to deprive you of your liberty, cause you to face financial hardship and seriously disrupt every aspect of your life. We understand your fears and concerns and we will be there to argue on your behalf and protect your interests at this crucial point in the proceedings.

You can make a request for changes to your bond after it is set but it is important to be strategic about the frequency and content of new requests to maximize the chances of being successful. These requests must be made formally in writing and be set for a hearing with notice to the other party. We will work with you to do everything we can to make sure that the conditions of your bond set you up for success in your case.

In some counties, your first appearance will only involve setting bond (explained above) and then the matter will be set for an Initial Appearance. In other counties, your first court date will include both the bond hearing and the Initial Appearance. At an Initial Appearance the court will check to make sure that you have received a copy of the criminal complaint, review the charges with you and ensure that you understand what you are charged with and the possible penalties that could be imposed if you are convicted. They will also review all of your Constitutional rights with you. In misdemeanor and criminal traffic cases you will have an opportunity to enter a plea of Not Guilty, in felony cases the matter will be set for a Preliminary Hearing. We will make sure we have enough information about you to make informed arguments regarding bond and we’ll be right there with you to explain everything including the charges and your rights.

A Preliminary Hearing is held in felony cases to determine if there’s probable cause for the case to move forward. The state will present a witness, usually an officer, in an attempt to provide enough information to establish that you may have committed a felony. The defense then has an opportunity to cross-examine the witness, to both challenge probable cause and also refine the details of the evidence provided. You have an opportunity to decide whether having the Preliminary Hearing is strategically the right choice for you. It is important to have an attorney with the skills, experience, and knowledge to give good advice about whether to proceed with the Preliminary Hearing as well as the ability to capitalize on the potential opportunities it can present. It is usually quite difficult to get a case dismissed for lack of probable cause at the Preliminary Hearing but in some cases it is possible and we have the experience and track record to show we can do it when it can be done. If a case is dismissed at this stage, the state may be able to charge it again so it is important to discuss strategy with your attorney prior to any Preliminary Hearing.

The difference is the amount of time that you can be deprived of your liberty. For misdemeanors, the maximum penalties are anything up to one year in the county jail. For felonies, the maximum penalties exceed one year which means that you could be sentenced to a term in a state prison of more than a year. State prisons are located in various places across the state but if you are sentenced to prison you are likely to be housed further away from home than if you were in a county jail. Felony convictions carry other collateral consequences as well, including losing the ability to possess a firearm and losing the ability to vote in an election until your civil rights are restored (usually after you are done with supervision or serving other aspects of your sentence).

The length of a case depends largely on the complexity, the amount of evidence to be reviewed, the number of witnesses involved and how much pretrial litigation is needed (usually motions, experts and arguments about evidence). The time needed can also be heavily influenced by the court’s calendar, meaning how long it takes to get a hearing on the court’s calendar, particularly enough time if it needs to go to trial. This can vary widely in different jurisdictions depending on a judge’s caseload and scheduling practices. Prosecutors can also delay cases if the court does not require them to keep moving. Cases typically span several months but can sometimes take much longer. More time sometimes benefits the defense, as it gives us the chance to build a stronger strategy but we will always work with you to understand your goals including the need for a speedy resolution if applicable.

A Pretrial Conference, also called a status conference, is an opportunity for us to meet with both the prosecutor and the court to begin working on a resolution of your case. It usually includes a meeting with the prosecutor to determine all possible avenues for resolution. Sometimes an offer may be conveyed in writing prior to the Pretrial Conference, even if it is, the Pretrial Conference can be an important time to connect with the prosecutor to negotiate and refine offers. That is then followed by a time to provide updates to the court including the status of discovery, any negotiations, and what motions need to be scheduled for a hearing. Pretrial conferences are important in keeping your case moving towards resolution. It is our job to understand your needs and do what we can to keep your case moving in a way that meets your goals.

How you resolve your case is always your decision. Only you can decide what is right for you as you review your options. Plea agreements can frequently provide a degree of certainty and a reduction in risk to individuals regarding the outcome of their case. In most plea agreements, the prosecution and defense come to an agreement on which charges will have convictions and what the recommendations to the court will be for sentencing. It often results in some charges being dismissed and limits being placed on the prosecutor’s sentencing argument. The judge cannot participate in these negotiations and they are not required to follow plea agreements, but they tend to give weight to agreements where the parties have agreed to an outcome or are only arguing specific areas of dispute. A plea agreement may remove some of the risk of going to trial and can be attractive in some circumstances. If you decide that a plea agreement is not for you, you always have the ability to exercise your right to a trial. In order to have the best options available to you, you need an attorney that is both an excellent trial attorney and pretrial litigator but you also need someone with the skills to negotiate a good plea offer in order to keep all of your options available to you.

Sometimes it can. We work hard to help the prosecution see the weaknesses in their case and understand the reasons why they will not be successful if the case goes to trial. Sometimes we are able to suppress evidence which leaves them unable to prove their case at trial. Either way, we will make every attempt to make it difficult or impossible for the state to proceed to trial. In some cases, once we have done our part, they are able to reach the conclusion on their own that going to trial is not in the interest of justice and they will dismiss their case.

You are entitled to have access to all of the discovery that is provided in your case (though sometimes there are fees involved to obtain copies). Discovery will be provided to your attorney and you can have your own copy as well as review all of the evidence with your attorney. You can also find information about your case and court dates through the Wisconsin Circuit Court Access Program which is online at https://wcca.wicourts.gov/case.html. Court dates and case numbers are available there as well as case information and minutes from every hearing.