Misdemeanor Criminal Court – Madison, Dane County, Wisconsin

Criminal Cases

In Wisconsin misdemeanors are criminal charges handled in Circuit Court. Unless a person is charged as an habitual offender, the maximum confinement penalty for a misdemeanor is a year in the county jail. Most misdemeanors have maximum penalties much less. Maximum penalties are rare. Some misdemeanors have only a fine as a penalty. The maximum fine is $10,000 or less for most misdemeanors. All criminal cases give the defendant (and the government) the right to a jury trial.

An ordinance violation carries only a monetary penalty and is not a crime. Many misdemeanors can instead be charged as ordinance violations.

Virtually all felonies have maximum penalties that include potential time in state prison. Prison and jail are not the same.

Either felonies or misdemeanors can result in probation, sometimes with time in jail.

This page is about misdemeanor court procedure in Dane County, Wisconsin. Procedures in other counties will be somewhat different; in other states they will be very different.

See also: Frequently Asked Questions about Criminal & Traffic Court  

Arrest on a Misdemeanor in Dane County (Madison) Wisconsin

Often a misdemeanor charge starts with an arrest. An arrest can be made if the officer has “probable cause” to believe a crime was committed. That can be based on physical evidence, claims of witnesses, or statements the officer claims were made by the defendant.

Bail in a Misdemeanor Case in Dane County (Madison) Wisconsin

Bail can be posted without a court appearance on misdemeanor charges. Often a person arrested will be released without bail and given a date and time to report to court. Bail can be posted using cash, a debit or credit card, or a cashiers check – no personal checks. If bail is returned it will be sent back to the person who posted it. See below for more on bail return. If the defendant does not show up, a warrant for his/her arrest will be issued by the court.

Misdemeanor Citation in Dane County (Madison) Wisconsin

Rather than arrest someone for a misdemeanor an officer can give that person a misdemeanor citation (ticket). This will almost never happen if the charge involves a domestic dispute. The citation tells the defendant when to show up for court. If the defendant does not show up, a warrant for his/her arrest will be issued by the court.

Summons and Complaint for a Misdemeanor in Dane County (Madison) Wisconsin

Rather than making an arrest, an officer can refer a case to the prosecutor. If the prosecutor decides the case merits prosecution, a criminal complaint based on the police reports. It will be accompanied by a summons giving a date and time to appear.  If the defendant does not show up, you’ve got it, a warrant for his/her arrest will be issued by the court.

Initial Court Appearance for a Misdemeanor in Dane County (Madison) Wisconsin

The first appearance in court is called the “Initial Appearance” or “Arraignment.” In Dane County this is where you get the formal charge, called a “Criminal Complaint” and bail is set. The Criminal Complaint is a formal document signed by a police officer under oath before a prosecutor. It tells the court which crime(s) the defendant is charged with and gives enough facts to support those charges. It tells the defendant what the maximum (and minimum) penalties for the offense are. The complaint may charge the crime for which the defendant was arrested or something different.

The bail is almost always a “signature bond” where you promise to pay an amount of money if you miss court or if you violate other conditions of your bond. Usual conditions include not committing any crime, showing up for court, notifying the court of any address change, and avoiding contact with victims or witnesses. If a victim or witness is a family member or coworker this can cause life problems. People innocent of their original charge sometimes end up convicted of bail jumping for violating bond conditions.

The court automatically enters a “not guilty” plea at this appearance. If for any reason you were not fingerprinted when initially arrested, the court will order that you go to the Public Safety Building and be booked. If there have been problems in the past with compliance with bond conditions, some cash bail may be required. If cash bail is required, the defendant is held in custody until it is posted. Again, a requirement to post cash is unusual when people come into court without having been arrested and held to get them there. If a signature bond is set and cash was previously posted the court will order the bail returned to the person who posted it.

At the Initial Appearance the prosecutor will usually know very little about the case or the defendant. They are not usually in a position to make any kind of sentencing recommendation. The Court Commissioner presiding will know even less. The prosecutor at initial appearances will have been handed a box of files on the way into court; he or she will not have read the police reports and did not draft the Criminal Complaint.

If the defendant does not have a lawyer at this hearing information and directions to the State Public Defender’s Office will be given.

At the initial appearance in Dane County the defendant (defendant’s attorney) is usually given a copy of the police reports and served with a copy of a motion for “discovery” requesting information from the defense. Also included is a paper authorizing police agencies to release video or photographic evidence to the defense. An experienced attorney may demand additional information from the prosecution. When the defendant signs the bail bond, he/she is usually given a notice of the next court hearing – the Settlement Conference. If the case involves a domestic or other violent crime the police reports are not given immediately and the settlement conference is skipped.

The Settlement Conference for a Misdemeanor in Dane County (Madison) Wisconsin

The Settlement Conference will be set for a morning four to six weeks after the initial appearance. During settlement conferences the prosecutor actually handling the case should be in one of the conference rooms available. The defendant and attorneys are told which prosecutor is where. The meetings are usually brief but include some sort of offer from the prosecution as to what a recommended sentence will be if the defendant pleads guilty to one or more charges. Judges are not required to follow prosecutor recommendations and do not always do so.

If an agreement is reached, the prosecution and defendant will appear before the judge and a plea entered. Often even if there is an agreement, the matter will be set for another date for the plea and sentencing.

If no agreement is reached, the matter will be set for further court proceedings.

Motions

If there were things wrong with the arrest or other police or court procedures, the defense attorney may bring a request for a court order, called a motion, before the court. Both sides may ask the court for an order as to future procedures or trial rules. These motions will usually be set for a separate hearing. At that hearing there may be people testifying and other evidence introduced. Such motions are sometimes brought even if the attorney bringing them does not expect to get the order requested. This can be done for tactical reasons so long as there is a real basis for the motion. Suppression motions may be brought challenging the admissibility of statements or of results of a questionable search.

Pretrial Hearings

One or more court dates titled a “pretrial hearing” will be scheduled. Such hearings are for the defense attorney and prosecutor to bring the court up-to-date on the status of the case. They usually involve discussions of the case between the lawyers followed by a brief court appearance. Although the time before the judge is usually brief, a pretrial hearing can take several hours because of court scheduling. The scheduling notice for a pretrial hearing will often also contain scheduling information for jury selection and jury trial dates.

Jury Selection

Jury selection in Dane County is always done on a Monday morning. (If Monday is a legal holiday, Jury Selection for that week is done on Tuesday.) During Jury Selection both sides are allowed to ask questions of prospective jurors to assure that they can be fair. Neither side gets to pick who they want to be on the jury; instead each side can indicate some people from the panel that they do not want on the jury. In other counties, jury selection is usually done the morning of the trial. Many cases will be scheduled for jury selection in Dane County on the same day for the convenience of prospective jurors and the courts.

Jury Trial

Trial by jury is a constitutional right for the defendant (and a statutory right for the government). At a jury trial the government must prove beyond a reasonable doubt that the defendant committed the crime(s) charged. The defendant does not have to prove anything. The defendant has the right to testify and call witnesses but is not required to do so. Evidence presented by either side is subject to cross examination (questioning) by the other side. Jurors may be permitted to ask questions. Both sides get to give a brief statement at the beginning of the trial about what they expect the evidence to show and at the end of the case about what they believe the evidence did show. The judge explains the law to the jurors before they decide the case. All of the jurors must agree on any verdict in a criminal case (guilty or not guilty). If the jury finds the defendant “not guilty” of all charges, the case is dismissed. If the jury finds the defendant “guilty” of one or more charges, the judge will be required to sentence the defendant.

Sentencing

If the defendant is convicted by a jury or pleads guilty, the court will find the defendant guilty and sentence him/her for the crime(s) of conviction. Sentences are given within a range between the minimum and maximum penalty prescribed by the statute. Most misdemeanor charges have no minimum sentences. Even if both sides agree on what the sentence should be, the judge decides. Jail terms are usually served with work release (Huber) and may be served on electronic monitoring.

Other penalties may include loss of a drivers license.

Whether sentencing follows a trial or is after a plea of guilty, the judge will consider not only the crime of conviction but other factors in the defendant’s life. A major factor can be treatment for alcohol or drug problems or domestic violence counseling before sentencing. If there is a loss to a crime victim restitution may be ordered.

Collateral (Our-of-Court) Consequences of Convictions

Even if the sentence is a $10 fine, there can be enormous other consequences not imposed by the judge. These can include loss of employment opportunities, denial of child custody, loss of drivers license, and permanent loss of firearms rights. In DNR cases there is often loss of hunting and fishing privileges. For non-citizens deportation or exclusion from the country can result.

Appeal

If a person is convicted of a crime in Wisconsin there is a right to appeal. An appeal does not generally look at guilt or innocence, rather it looks at the procedures followed in reaching a decision. If an appeal is won, the result usually is that a new trial is granted. Other remedies are possible in unusual situations.

The right to appeal, though, is lost if not exercised in a timely manner. The trial attorney is responsible for starting an appeal with a “Notice of Intent” but will often not be the one to handle an appeal. That notice of appeal must be filed within 20 days of the sentencing.

Plea Bargaining

At any time prior to the entry of a jury verdict a defendant may enter a guilty or no contest plea to one or more charges. If this is a part of a plea bargain one or more other charges may be dismissed and there may be an agreement on a sentencing recommendation.

Warning – Use at your own risk.

This page is not intended to be legal advice or substitute for legal advice. It is intended to provide general information. Legal advice can only be given with a full understanding of the actual facts of a case, generally in a face-to-face consultation. Note that there are exceptions to many of the statements made here. No one should act or refrain from acting in court based on anything stated in this web page. My office does not give legal advice to non-clients over the phone or internet. Further, the law (and procedures) in criminal cases are changing rapidly. This page reflects procedures in place in Dane County, Wisconsin, on August 31, 2011.