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Understanding Wisconsin Bail: How Does the System Work?

 Posted on November 23, 2020 in Criminal Law

New Berlin criminal defense lawyerWhen you are arrested for a crime, there are only two ways you can hope to get out any time soon: by having the charges against you dropped or by being able to post bail or have someone else post bail for you. Bail is a crucial part of criminal cases because it often means the difference between spending months or years in jail awaiting trial and spending that time living at home and continuing to work. No two bail determinations are the same and there is no guarantee that you will even be granted bail during your trial. A Wisconsin criminal defense attorney with knowledge of the bail system can advocate on your behalf for your release.

What Is Bail?

The idea of bail is not a novel one. In nearly all state and local governments, there is some type of system for releasing certain individuals who have been arrested and charged with committing crimes. The purpose of bail is to ensure the defendant returns to court at the times that are required of them and works by requiring something to be offered up in collateral. The defendant or a close friend or relative of the defendant must pay a specified monetary amount before the defendant is released. If the defendant does not appear in court, the money is forfeited. If the defendant does appear in court, most of the money is typically returned. 

Does Everyone Get Bail?

Bail is not a guaranteed benefit of the criminal justice system in Wisconsin or anywhere in the Country, for that matter. Unfortunately, there are many situations in which defendants are not eligible for bail or that the judge does not grant them bail. Wisconsin law states that defendants charged with certain crimes are not eligible for bail. These crimes include:

  • First-degree intentional homicide

  • First or second-degree sexual assault of a child

  • Repeated acts of sexual assault on the same child

  • Sexual assault of a child who was in temporary care

  • Violent crimes or attempted violent crimes, such as aggravated battery, mayhem, reckless injury, and similar offenses

Discuss Your Case With a Waukesha County Criminal Defense Attorney Today

When a person is arrested immediately after being charged with a crime, it can be confusing and stressful for everyone involved. If you or a loved one has been arrested and charged with a crime, you should immediately get in contact with a skilled New Berlin criminal defense lawyer. At Bucher, Wolff & Sonderhouse, LLP, we will aggressively advocate for the freedom you deserve and fight for a fair and reasonable bail agreement. To schedule a free consultation, call our office today at 262-232-6699.



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