Over recent months, the news has contained a significant amount of stories relating to a grand jury. However, these stories often provide little information as to the function of the grand jury. The jurors who attend the grand jury are similar to trial jurors in that they are randomly selected from the community and they listen to the evidence. […]
Many criminal cases, including drunk driving charges, are resolved out of court through the process of plea bargaining. Plea bargaining moves cases through the criminal justice system without going through the lengthy trial process. A plea bargain, or deal, is an agreement between the defendant and the prosecutor. The defendant pleads guilty to the main charge […]
The sentencing phase takes place after you are convicted of a crime. This phase occurs immediately after you enter a guilty plea, or as a result of a jury or bench trial verdict. Depending on the seriousness of the crime you were charged with, the judge determines the appropriate punishment. Many states, including Wisconsin, group crimes into […]
In all criminal prosecutions, including drug cases, you have a right to a speedy trial. This prevents the state or prosecution from keeping you in jail for an indefinite period of time without trial. However, the right to a speedy trial does not apply to every single stage of a criminal case. It will only arise […]
Many states, including Wisconsin, require preliminary hearings to be held when you are facing felony charges and plead not guilty at arraignment, also known as the “initial appearance.” Depending on the circumstances of your case, you may decide to waive the preliminary hearing, give up your right to have one and proceed to trial. However, there are […]
Through each stage of the criminal justice system you have rights that must be protected. The Fifth and Sixth Amendments to the United States Constitution grant you many rights, including the right to an attorney in most stages of criminal proceedings. These rights ensure that your trial is fair and that you do not unjustly get sent […]
In many murder or homicide cases, defendants argue the case of mistaken identity—the prosecution charged the wrong person for the wrongful death of another. When you are facing murder charges for a crime that you did not commit, an alibi defense could be the key to dismissing the charges against you. The alibi defense is based on the underlying […]
Depending on the facts surrounding your criminal case, there may be several defenses available. One of these defenses is the “insanity defense.” When a defendant asserts the insanity defense, the defendant is arguing that he or she was not criminally responsible for his or her actions. The insanity defense is one of the most famous defenses […]
Making the decision to plead guilty to a crime is never an easy task for anyone to do. You are forced to stand up in front of a judge and admit the allegations recited by the prosecutor. Commonly, those that plead guilty often regret their decision later on. The lingering question in the mind of people in […]
Throughout history, theft has been interchangeably identified as larceny. Under Wisconsin law, a larceny or theft is committed when an individual intentionally “takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the other’s consent and with intent to deprive the owner permanently of possession of such property.” If you or someone you […]