How Preliminary Hearings Work in Wisconsin
Preliminary Hearings are an important part of the criminal justice process in Wisconsin. They are only available for felony level criminal charges. The purpose of this hearing is to determine whether there is enough evidence to show that a felony has likely been committed and that the defendant likely committed that felony. The hearing is held in front of a court commissioner, and the prosecution must present their case to show that there is probable cause to believe that the defendant committed the crime. The defense is also given the opportunity to question and cross examine the prosecution’s witnesses.
The commissioner will consider the evidence presented during the preliminary hearing and make a determination based on the standard of probable cause, which is a lower standard than proof beyond a reasonable doubt that is required for a conviction at trial. If the commissioner determines that there is enough evidence to support the charges, the defendant will be bound over for trial. It is important to remember that this does not mean that a trial is inevitable - it only means that the case will continue forward.
During the preliminary hearing, the prosecution will typically present evidence in the form of witness testimony, physical evidence, or both. The prosecution does not have to prove guilt beyond a reasonable doubt at this point, but they do have to show that there is enough evidence to proceed to trial. If the commissioner determines that there is not enough evidence, the case may be dismissed.
It’s important to note that a preliminary hearing is not the same as a trial. At a trial, the prosecution must prove guilt beyond a reasonable doubt to secure a conviction. At a preliminary hearing, the standard of proof is lower – the prosecution only needs to show that there is probable cause to believe that the defendant committed the crime. This means that a defendant may still have a strong defense even if the prosecution is successful at the preliminary hearing.
There are a few possible outcomes of a preliminary hearing in Wisconsin. If the commissioner determines that there is enough evidence to proceed, the case will be bound over for trial at a later date. If the commissioner determines that there is not enough evidence, the case may be dismissed. In some cases, the commissioner may also reduce the charges against the defendant if they determine that there is not enough evidence to support the original charges.
It’s also worth noting that a defendant may waive their right to a preliminary hearing. This is often done if the defendant and their attorney believe that the evidence against them is strong enough to overcome any benefit of the hearing. Waiving the preliminary hearing only means that the defendant is giving up an opportunity to challenge the evidence against them at the preliminary hearing. There can be benefits to waiving a preliminary hearing that should be discussed with a qualified attorney.
While a decision to proceed to the trial court after a preliminary hearing indicates that the court believes there is enough evidence to support the charges, it does not mean that a trial is the only option or that a trial will necessarily occur. The defendant and their attorney may choose to negotiate a plea deal with the prosecution, in which the defendant agrees to plead guilty in exchange for a reduced sentence or a lesser charge.
In fact, the vast majority of criminal cases are resolved through plea bargaining rather than going to trial. The decision by the commissioner to bind the defendant over for trial after a preliminary hearing simply means that the prosecution has met the initial burden of demonstrating probable cause to support the charges against the defendant, but it does not prevent the defendant from seeking other options for resolving their case.
Preliminary hearings are an important step in the criminal justice process in Wisconsin. They provide an opportunity for the prosecution to present evidence and for the commissioner to determine whether there is enough evidence to proceed with the case. It’s important for defendants to understand their rights during this process and to work with an experienced criminal defense attorney to develop a strong defense. Ultimately, the outcome of a preliminary hearing, or the decision to waive the hearing, can have a significant impact on the defendant’s case, so it’s important to take this step seriously.
Please note that the information provided in this article is for general informational purposes only and is not intended to be legal advice. The content of this article may not reflect the most current legal developments, verdicts or settlements, and should not be taken as an indication of future results. The reader should not consider this article to be a substitute for legal advice from a licensed attorney. If you have specific questions regarding any legal matter, you should consult your attorney or other professional legal services provider.
Furthermore, please be aware that reading this article does not create an attorney/client relationship between the reader and the author or publisher. The author and publisher expressly disclaim any and all liability in respect to actions taken or not taken based on any or all the contents of this article.