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FELONY CASE– DEFENSE PERSPECTIVE
Incident and Investigation
- Police investigate an alleged felony offense.
- Defense Focus: Your attorney can begin protecting your rights and advising you early.
Criminal Complaint Filed
- The State formally files charges outlining the allegations.
- Defense Focus: Your attorney reviews the complaint for legal and factual weaknesses.
Initial Appearance
- The judge sets bond, explains rights, and schedules future hearings; no plea is entered.
- Defense Focus: Your attorney argues for reasonable bond and conditions.
Preliminary Hearing
- The judge decides whether there is enough evidence to move the case forward.
- Defense Focus: Your attorney challenges probable cause and tests the State’s evidence.
Information Filed
- The State files the formal charging document after the preliminary hearing.
- Defense Focus: Your attorney evaluates whether charges can be reduced or dismissed.
Arraignment
- A not guilty plea is entered, and the case moves into pretrial litigation.
- Defense Focus: Your attorney formally contests the charges on your behalf.
Pretrial Phase
- Evidence is exchanged, motions are filed, and negotiations occur.
- Defense Focus: Your attorney files motions, challenges evidence, and negotiates outcomes.
Resolution
- The case may resolve by dismissal, plea agreement, or proceed to trial.
- Defense Focus: Your attorney advises you on risks and protects your long-term interests.
Trial
- The case is presented to a judge or jury for a verdict.
- Defense Focus: Your attorney presents defenses and holds the State to its burden.
Sentencing
- If there is a conviction, the judge imposes penalties under Wisconsin law.
- Defense Focus: Your attorney argues for the least severe and most appropriate sentence.
Post-Conviction Options
- Appeals, sentence modification, or expungement eligibility may be considered.
- Defense Focus: Your attorney explores options to reduce long-term consequences