Very few criminal cases will actually go to trial. Most cases result in a plea agreement with the prosecutor, where the defendant pleads guilty in exchange for a lighter sentence or lesser charges. However, you can and should fight the charges against you all the way to trial if the prosecutor does not have the evidence to prove your guilt. Here is what is in store for you if your Wisconsin criminal case goes to trial.
What you do once you learn you are being investigated or have been criminally charged can affect the outcome of your case. There is little that you can do on your own to make your situation better. Unfortunately, there are many mistakes that you can make that can make your situation worse. Law enforcement will do everything that they can to win a conviction, and your mistakes can make their life easier. The way to avoid making crucial errors that can muddy your legal situation is to contact an attorney. Your lawyer will advise you about what not to do, and they will deal with the prosecutor on your behalf.
Sentencing is when the court imposes a punishment on the defendant after they have been found guilty at trial or has pled guilty to a crime. A judge will hold a hearing before they render their decision about the criminal sanctions for the defendant. The sentencing hearing is a tremendously stressful proceeding for the defendant because they literally learn their own fate. The defendant has a right to be heard before the judge hands down a sentence.
There are numerous things that must be considered before trial that are far more than just “housekeeping” items. The actual trial is where your freedom is at stake, and the court system takes it extremely seriously. Criminal trials are coordinated and planned to an extent to allow both the state and you to effectively present their case. The pretrial conference is a critical milestone in your case because it both sets the ground rules for the trial and could even facilitate a resolution of your case.
There is much that happens early in your case, well in advance of trial. In the beginning, you must learn of your legal rights and enter a plea (as you do in the initial appearance), and the basis for the case against you must be established. There is a screening process to weed out weak cases because forcing you to trial on a vague and unestablished case is inconsistent with your legal rights.
You may be more familiar with another term for an initial appearance – an arraignment. The initial appearance is exactly what its name implies – it is your first time in front of a judge in your criminal case.
What you do after you have been arrested and charged with a crime could dictate whether you face legal consequences and how serious they are. You can help or hurt your own criminal defense based on your own actions. Regardless of the charges against you, there are things that you can do to put yourself in the position to get the best possible legal outcome in your case. Here are four tips for you to consider as you seek to build the strongest possible criminal defense in your case. Hire an Experienced Attorney Immediately You should never try to face the criminal justice system on your own. Law enforcement has seemingly unlimited resources that they can use in your case. You are up against an experienced prosecutor who knows the process well. Although they may have many cases on their docket, they know how to move along the ones that … Continued
Prescription drugs may have multiple uses. While you may need them for a certain purpose, others may have their own needs for them, some of which may be illegal. Something that is completely legal may cross a line if it is used incorrectly or illegally distributed. You can still face criminal charges for misusing prescription drugs even after your physician had written up a legitimate prescription – in some cases, even when the need was genuine. OWI for Operating a Vehicle Under the Influence It is important that you read the instructions that go along with your prescription drugs. Some may advise you that you should not operate any type of heavy machinery for a certain period of time after taking the medication. Heavy machinery, in this case, will include a car. Some prescriptions may have a similar impact on alcohol or drugs. Wisconsin OWI law is not just centered … Continued
Being arrested and charged with a crime already puts you in enough legal jeopardy. There are things that you can do that can actually make your own legal situation worse. Nearly all of these mistakes are made by people who do not have an experienced criminal defense attorney. The longer you go without legal representation, the more likely you are to make an error that can handicap your criminal defense. What follows are common mistakes that defendants make that may increase the chances of being convicted or can lead to stiffer penalties when they are sentenced. You should retain counsel immediately to avoid making them. Speaking to Law Enforcement (Especially Without an Attorney Present) Some people may think that they can just give their side of the story to law enforcement and talk their way out of trouble. Talking is perhaps the worst thing that you can do after you … Continued
Many people think that the protections of the legal system are enough to keep an innocent person from being convicted of a crime. However, the mere fact that an innocent person is in the court system is a large problem in itself. They are subject to an extreme amount of pressure and stress. They must also expend large amounts of money on legal defense. Any time that someone is in the legal system, there is a risk of conviction and jail time. If you have been charged with a crime that you did not commit, you need an attorney immediately.