Criminal Procedure in Wisconsin

"What happens after I get arrested?"

Being Charged with a Crime

The criminal process begins when a prosecutor files a complaint alleging that a defendant has committed some type of crime. This is often referred to as "being charged with a crime". The prosecutor typically charges someone with a crime based on either the arrest of that individual or an on-going investigation by the police or another law enforcement agency, like the DEA or FBI.

Initial Appearance & Bail / Bond

The first step in criminal procedure is the initial appearance. At the initial appearance, the defendant is advised of the crimes that he or she is being accused of and bail/bond conditions are set. Bail/bond conditions may be a signature bond, cash bond, that the defendant shall commit no crimes while on
bail, orders that the defendant cannot be in certain area and that the defendant not have any contact with another person (often co-defendants or alleged victims of the crimes charged).

For felony cases, the next step is to proceed to a preliminary hearing.

Preliminary Hearing

At a preliminary hearing, the prosecutor must prove that the defendant "probably committed a crime." If the prosecutor is able to convince a judge that the defendant probably committed any type of felony (not just the ones the defendant is originally charged with), then the defendant must be arraigned.

Arraignment

The defendant is arraigned at a hearing called an arraignment. In many counties, the arraignment is held immediately after the preliminary hearing. At the arraignment, the defendant is formally advised that the crimes he or she is charged with will now be sent to a circuit court for trial.

After the arraignment, a defense attorney will consider many types of motions to file, including motions to dismiss, motions to suppress evidence because of illegal search and seizure, failure to read a defendant his or her Miranda rights, and many other motions designed to protect the defendant's constitutional rights.

Preparing for a Criminal Trial

Next, the defendant will prepare for a trial. There are two types of trials that a defendant can choose to have: the first is a jury trial, the second is a bench trial (where a trial is held before a judge instead of a jury).

Plea Bargains & Agreements

Often and prior to trial a defendant will choose to enter into an agreement with the prosecutor whereby the defendant will enter a plea in order to receive a plea bargain. A plea bargain results in the defendant entering a plea of guilty or no contest. A plea bargain should be carefully considered depending on the facts of each case.

For misdemeanor cases, after the initial appearance, the case is sent to a circuit court and set for trial. There is no preliminary hearing or an arraignment, but the rest of the case proceeds similarly to a felony case.

Trial

At a trial, the prosecutor puts on his or her case and seeks to prove that the defendant is guilty beyond a reasonable doubt. If the prosecutor is successful in proving that the defendant's acts resulted in him or her being able to prove the defendant is guilty, then the case will go to sentencing. If the prosecutor does not prove that the defendant is guilty, then the defendant is acquitted and the case is over.

Criminal Sentencing

At sentencing, the judge will hear from both the prosecutor and the defense and consider how to sentence the defendant. It is the defense attorney's job to argue that the defendant should be sentenced to the least possible penalty, whether probation, extended supervision, or in some cases jail or prison.