Investigation

When a crime is reported, the police are responsible for conducting an investigation. After completing their investigation, the police may submit their reports to the District Attorney’s Office. A prosecuting attorney then reviews the case and decides whether to charge an individual with a crime, send the individual to the Court Diversion Program or decline charges.

When a defendant (suspect) is arrested and taken to jail, the defendant may be allowed release upon signing a bond promising to appear in court as ordered. Sometimes, release will not be allowed unless money is deposited with the jail at the time the bond is signed. Frequently, the conditions of the bond include not having any contact with the victim of the crime. A bond will remain in effect until the court case is concluded.

Filing of Criminal Charges

A criminal case begins when the District Attorney’s Office files with the court a document called a Criminal Complaint against the defendant. That document sets forth the crimes with which the defendant is being charged, the maximum penalties for each crime charged, which determines if the crime charged is a felony or misdemeanor, and sworn information setting forth facts supporting the crimes charged.

Criminal Court Process

Initial Appearance

The initial appearance is the first court appearance after a defendant is arrested, served with a summons, or issued a citation. At the initial appearance, the defendant is formally advised of the criminal charges filed and the amount of bond necessary to ensure future court appearances will be determined. In misdemeanor cases, a plea may be entered at the time of the initial appearance. In felony cases, a plea may not be entered until after the preliminary hearing takes place.

Preliminary Hearing

If a person remains in custody and is required to post in excess of $500 to be released, as the result of new charges, they have a right to have a preliminary hearing within 10 days of the initial appearance. Otherwise, a person has the right to a preliminary hearing within 20 days of the initial appearance. A preliminary hearing occurs only in felony cases. At a preliminary hearing, the State must present evidence to show that a felony has been committed and that the defendant is likely the person who committed the felony. A defendant may waive this hearing and proceed to Arraignment.

Arraignment

An arraignment occurs only in felony cases and only if the court determines that the state has shown sufficient evidence at the preliminary hearing to allow the case to proceed. At the arraignment, the defendant is formally advised of the criminal charges in a document called an Information. A plea will be entered by the defendant at the arraignment.

Entering a Plea

If the defendant enters a plea of not guilty, future court proceedings will be set. It is usually several months before a trial takes place, and the trial may be reset several times. If the case goes to trial, victims and witnesses will be subpoenaed to testify.

If the defendant enters a guilty plea, the defendant may be sentenced at the time of the plea, or the sentencing may be scheduled for a later date to allow the victims to attend if they have so requested.

Pretrial Conference / Motions / Final Pretrial / Status Conference

Prior to the resolution of a case by guilty plea or trial, several other proceedings may occur. Hearings may be conducted by a judge to determine what types of evidence will be heard by the jury should the case be tried. Pretrial hearings may be scheduled at which time the parties will discuss possible settlement. A status or scheduling conference may occur to determine what type of proceedings should be scheduled.

Sentencing

The sentencing is the final step in the prosecution, after the defendant has been convicted at trial or by entering a guilty plea. The sentence is the punishment imposed on the defendant and is determined by the judge. The three primary sentencing factors considered by the judge at sentencing are the gravity of the offense, the character of the offender, and the need for public protection The District Attorney’s Office and the victim can make recommendations, but the judge is the final authority. The majority of defendants who are sentenced each year receive probation. Conditions of probation frequently include counseling, restitution, community service and payment of court costs. Many are ordered to domestic violence specific programming. Some defendants receive only a fine or are sentenced to the county jail. Others are sentenced to prison.

Since February 2003, the Truth in Sentencing law mandates when a prison sentence is imposed that it be composed of two elements. The first element is a period of confinement (in a prison) and the second element is a period of extended supervision. Both periods are for a fixed period of time. The total of the period of confinement and the period of extended supervision is the term of imprisonment. For example, a term of imprisonment could be three years in length with a period of confinement of one year and two years of extended supervision. In the preceding example, the defendant must serve one year in prison. Once the year is served, the defendant will be on extended supervision (with conditions of release) for two years. If a violation of the condition of release occurs, a portion of the period of extended supervision may be converted to a period of confinement and the defendant would be returned to prison. Parole does not exist for cases subject to Truth in Sentencing.

Appeal

After sentencing, a defendant may appeal his/her conviction and sentence. Appeals from Marathon County cases are submitted to the Third District Court of Appeals. The time it takes to decide an appeal varies greatly, depending on the number of issues raised and the complexity of the case. In some cases, the appeal may continue on to the Wisconsin Supreme Court.

For information on specific criminal cases, please refer to the Wisconsin Circuit Court Access Program (CCAP) website.

For more information on specific Supreme Court and Appeals Court cases, please refer to the Wisconsin Supreme Court and Court of Appeals Access (WSCCA) website.