In Wisconsin, a bail bond hearing, typically conducted at the Initial Appearance, is when the judge hears the charges and imposes financial or non-financial conditions of release pending trial. Nevertheless, this does not ensure freedom or low prices. Understanding what a bail bond hearing is in Wisconsin is essential to the bail process. The law is governed by Chapter 969 of the Wisconsin Statutes, and it assumes release on reasonable terms, but recent constitutional changes force judges to weigh the safety of the people, and this makes the process more complicated. Read along to understand how bail is determined, what factors judges consider, and how you can navigate the process effectively.
Understanding Bail Bond Hearings in Wisconsin
The first significant courtroom event you will encounter when you are charged with a crime in Wisconsin is the Initial Appearance or bail hearing. This is sometimes called an arraignment, which is critical in the legal process. During this hearing, the court officially charges you and discusses the issue of bail, which directly impacts whether you will be held in custody or released pending trial.
When the bail is too high or the conditions are too strict, it can be a few weeks or months behind bars awaiting trial. Conversely, the favorable conditions of the bail can enable you to stay free, work, and help your lawyer to prepare your defense.
The State of Wisconsin files the criminal complaint at the Initial Appearance. This document forms the basis of the case brought by the prosecution. It outlines:
- Your name and details
- The crimes that you are alleged to have committed
- The probable cause is the factual basis of those charges
The judge will read the complaint so you can know the charges and the potential punishment. You will receive a copy of this at this hearing if you have not received one. It is essential to understand the complaint. It provides the precise evidence that the prosecution must demonstrate and gives you an idea of how your defense will proceed.
Entering a Plea
During a bail hearing, you must formally plead to the charges. In nearly every case, your defense counsel will advise entering a plea of not guilty to protect your rights and allow time to review the evidence.
This plea does not mean you are declaring innocence or guilt. Instead, it upholds your constitutional rights and gives your attorney the time necessary to thoroughly examine the evidence, police reports, and witness statements. The longer your defense team has time, the more time they can determine the most appropriate approach before proceeding with the legal process.
How the Judge Determines Bail
The most significant part of the bail hearing is the judge's decision on bail. The law of Wisconsin says it is plain that bail is not to punish you. Bail, on the contrary, has two uses:
- To keep you coming back to all the scheduled court appearances
- To defend the community until your trial
The court must impose minimum restrictive conditions to realize these objectives. The judge is expected to look at your personal circumstances and then decide whether you should be released on a cash bond, own recognizance, or other terms.
The judge can review and adjust the bail amount even if it was initially set at the police station during your arrest. With the help of your attorney, a bail hearing is your chance to request fair and reasonable conditions for release.
The amount and type of bail a judge imposes are not arbitrary. Several statutory factors must be taken into account. To see the stakes, it is helpful to find out what a bail bond hearing in Wisconsin is and how judges consider each case.
Assuring Court Appearance
The judge will consider the presence of a flight risk on your part. Good community relationships, including permanent jobs, homeownership, or close family ties, are to your advantage.
If you work as a temporary worker, are jobless, or have no connection to the region, the judge can impose a higher bail to deter your escape.
Protecting Public Safety
The Wisconsin law has recently been amended to allow judges more discretion in the consideration of public safety in setting bail. When a violent crime is alleged against you, the judge can look at your criminal history, particularly violent offenses in the past.
The intention is to safeguard the community and eliminate activities such as intimidation of witnesses or additional violence. Dangerous defendants are usually charged with higher cash bail, or in extreme cases, they may not be offered bail.
The Nature of the Charges
Bail is also directly influenced by the severity of the charges:
- For misdemeanors, Wisconsin limits cash bail to the maximum fine that the crime would incur
- For felonies, the bail amount is not limited, and it can be extremely high depending on the case
The bail can be stacked with several charges, making the release more expensive.
Minor offenses can lead to signature bonds, but serious felonies almost always entail large amounts of cash bail.
Cash Bonds vs. Signature Bond
After the judge decides you need to be bonded, you should determine what kind of bond to use. There are two main types in Wisconsin: cash bonds and signature bonds. They both have terms that have to be adhered to.
Definition of Cash Bond
With a cash bond, you or someone on your behalf must pay the full bail amount to the court before your pretrial release. If you attend every hearing and comply with all the bail conditions, the money will be returned at the conclusion of your case.
If convicted, the court subtracts fines, costs, and restitution from this before refunding any balance. Failure to attend court hearings will result in a loss of the entire sum.
Definition of Signature Bond
A personal recognizance bond, or a signature bond, does not need an initial payment. Instead, you sign an agreement that you will attend court proceedings and abide by all terms.
The judge sets a bail amount (for example, $5,000 signature bond). The money is only due when you breach the agreement. The signature bonds are typically provided to the low-risk defendants.
Exploring Bail Bond Conditions in Wisconsin
Whichever the kind of bond, there are rules that the judges set when you are released. These conditions may include:
- Complete sobriety (no drugs or alcohol)
- No contact with alleged victims
- Surrendering firearms
- Maintaining employment
Violation of these conditions may lead to a second charge called bail jumping. Bail jumping is a felony. A conviction has its own penalties and usually revokes your bail, returning you to jail.
The Bail Bond Process in Wisconsin
Sometimes, the bail amount may be set too high for you to pay the whole amount up front. This is where a bail bond comes in. You do not actually pay the entire amount to the court, but instead you pay a non-refundable premium to a Wisconsin bail bondsman, typically a small percentage (10%) of the total bail.
The bondsman then puts up a surety bond in the entire amount to ensure you appear in court. As an example, when the bail is $10,000, you can deposit $1000 with a bondsman. This will enable you to be free quickly without raising the entire amount.
Find Reliable Wisconsin Bail Bonds Services Near Me
The bail hearing in Wisconsin is essential to determine whether you are released on a signature bond or cash bail. Now that you understand what a bail bond hearing is in Wisconsin, remember the court’s goal is ensuring your return to norm and protecting the community. Bail conditions should be strictly followed to prevent punishments such as bail jumping. Cash bail is not an option? Call Mr. Nice Guy Bail Bonds 24/7 at 844-400-2245 to obtain your pretrial release quickly.
