When defendants are charged with a crime, remaining at home while they await trial is not always a given. Defendants must be released pending trial, and in some cases, judges may order that they be held in custody while they are awaiting trial. The bail hearing is one of the most important moments in the early stages of the criminal justice process.
An arraignment is your initial appearance in court for your criminal defense case. It is one of your constitutional rights to be presented with the charges against you. It is one of the defendant’s first chances to appear in front of the judge, even though your case will not be won at an arraignment. However, do not make the mistake of thinking that the arraignment is a formality.
Law enforcement does not have a legal right to hold a defendant indefinitely without them being able to go in front of a judge. Otherwise, it would be a violation of the defendant’s rights that could jeopardize the prosecution. The initial appearance in front of a judge is called an arraignment. There are several substantive things that will happen in an arraignment that provide an introduction of sorts to the case.
Many people associate stiff drug possession penalties with illegal narcotics such as heroin and cocaine. However, the law defines illegal possession of drugs differently. For the most part, Wisconsin law groups drugs into categories for purposes of illegal possession. Some types of prescription drugs can fall into buckets where illegal possession can merit serious jail time. Either way, you need to take drug possession charges seriously from the very first minute.
If you have been charged with a felony offense, you have a legal right to a preliminary hearing in your case. In felony cases, a preliminary hearing is the court appearance that follows the initial appearance hearing. In misdemeanor criminal cases, there is no preliminary hearing. Preliminary hearings are also known as preliminary examinations, probable cause hearings, or simply as ‘prelims.’ As the individual who is accused of committing a criminal offense, you do not have a right to testify at a preliminary hearing. In other words, you cannot take the witness stand and talk about your version of events. However, your lawyer has the right cross-examine any witnesses, including police officers and others, whom the prosecuting attorney calls as a witness. The court will then make a determination about whether probable cause exists to charge you with the felony offense. If you are facing a felony criminal charge, it … Continued
We all make mistakes, but sometimes those mistakes come with felony-level consequences. Many defendants want to accept responsibility for their actions but wish to avoid jail time. Age, medical issues, or family needs may leave many offenders worried about the collateral consequences of incarceration. In some cases, a qualified Appleton criminal defense attorney at Hogan Eickhoff might help you stay out of prison following a felony conviction. Discuss your concerns with our skilled legal advocates by calling (920) 450-9800 or contacting us online to schedule your free sentencing consultation.