Criminal Law in Wisconsin: What Happens After an Arrest?

Understanding the intricate process that follows an arrest is essential for anyone involved in the criminal justice system in Wisconsin. After an arrest, several critical steps take place that shape the legal journey ahead. This article will guide you through the key stages that follow an arrest in Wisconsin and what individuals can expect during this process.

1. Booking Process
Once an individual is arrested, they are taken to a police station or jail for booking. During this process, personal information such as name, address, and date of birth is recorded. The individual’s fingerprints and photographs (mugshots) are also taken. This information is crucial for creating a record of the arrest and is used for identifying the person in future legal proceedings.

2. Initial Appearance
After booking, the next step is the initial appearance, which typically occurs within 48 hours of the arrest. During this court hearing, the arrested individual is informed of the charges against them. The judge will also discuss bail options, allowing the accused to possibly secure release from jail while awaiting trial. It is vital to have legal representation during this phase to navigate the discussion of bail and other proceedings.

3. Bail Hearing
A bail hearing may occur at the initial appearance or shortly thereafter if the accused cannot afford bail. The purpose of this hearing is to determine whether the individual can be released from custody until their trial. Factors considered during this hearing include the severity of the charges, criminal history, and the risk of flight. In some cases, a personal recognizance bond may be granted, allowing the accused to be released without deposit.

4. Preliminary Hearing
If the charges are felony charges, a preliminary hearing will be held to determine if there is enough evidence to proceed to trial. This hearing typically occurs within 10 days if the individual is in custody. The prosecutor presents evidence and witnesses, while the defense has the opportunity to cross-examine. The judge will decide if there is sufficient cause to hold the accused for trial.

5. Arraignment
If the judge finds probable cause during the preliminary hearing, an arraignment will occur. At the arraignment, the accused formally responds to the charges by entering a plea – guilty, not guilty, or no contest. If a not guilty plea is entered, the case proceeds to the next stages, which may include discovery, pre-trial motions, and eventually a trial.

6. Trial Process
The trial process in Wisconsin follows the standard criminal procedure where evidence is presented in front of a judge and jury. Both the prosecution and defense have the opportunity to present their cases, call witnesses, and make arguments. After both sides have presented, the jury deliberates and reaches a verdict. If found guilty, the court will proceed to sentencing.

7. Sentencing
If convicted, the sentencing phase begins. Sentences can vary widely depending on the crime, prior convictions, and state sentencing guidelines. The court may impose fines, community service, probation, or incarceration. Understanding the implications of sentencing is critical as this greatly affects the life of the convicted individual.

8. Appeals
After sentencing, the convicted individual has the right to appeal the decision. This process involves reviewing the trial for legal errors that may have affected the verdict or sentence. The timeline for filing an appeal is strictly regulated, so it is essential to consult with an attorney immediately after sentencing to ensure the appeal is filed on time.

In conclusion, the process following an arrest in Wisconsin can be complex and overwhelming. It is crucial for individuals facing criminal charges to understand their rights and seek experienced legal counsel to guide them through the judicial system effectively. Navigating through these stages thoughtfully can significantly impact the outcome of a criminal case.