Wisconsin Criminal Law: The Role of Bail and Bond

In Wisconsin criminal law, the concepts of bail and bond play a crucial role in the legal process. Understanding these components is essential for anyone involved in the criminal justice system, whether as a defendant, family member, or legal professional.

Bail is defined as a sum of money or property given to the court to ensure that a defendant returns for their scheduled court appearances. In Wisconsin, the primary purpose of bail is to protect public safety and to guarantee that an accused individual will not flee from justice. The court considers several factors when determining the bail amount, including the severity of the crime, the defendant’s criminal history, and the potential flight risk.

In Wisconsin, bail can take various forms, including cash bail, surety bond, and property bond. Cash bail requires the defendant or a third party to pay a specific amount in cash directly to the court. If the defendant appears at all scheduled court dates, the cash will typically be refunded at the conclusion of the case.

A surety bond, on the other hand, involves a third-party company, called a bail bondsman, which provides a promise to the court that the defendant will appear in court. The defendant or their family pays a percentage of the total bail amount (usually around 10%) to the bondsman as a non-refundable fee. If the defendant fails to appear, the bondsman is responsible for paying the full bail amount to the court.

Lastly, a property bond allows defendants to use their property as collateral for their release. In this case, the property must be valued at or above the bail amount, and a lien may be placed on the property until the court case is resolved.

It is important for defendants to know that while the court sets bail, they have the right to request a review if the bail amount is deemed excessive or unreasonable. A defense attorney can help petition for a reduction of bail by demonstrating that the defendant poses minimal flight risk or threat to public safety.

Additionally, Wisconsin law allows for various alternatives to bail, such as release on recognizance (ROR), where defendants are released with a promise to appear in court without having to pay bail. This option is often considered for first-time offenders or in non-violent cases.

Overall, understanding the role of bail and bond in Wisconsin criminal law is vital for navigating the complexities of the legal system. It ensures defendants have the opportunity to remain free while awaiting trial, ultimately preserving their presumption of innocence.