Criminal Court Process & Procedures

The help and cooperation of victims and witnesses is critical to our criminal justice system. When you report a crime and/or testify, you make our community a safer place. The following information explains the criminal court process.

POSSIBLE OUTCOMES OF PROSECUTION

Several possible resolutions or dispositions of a criminal case or charge exist. A case may be deferred, resulting in a dismissal of the charge if the person successfully completes a deferred prosecution agreement. Deferred prosecution avoids a trial and finding regarding guilt. In contrast, a trial will result in a finding of guilty or not guilty. A person may be convicted upon a plea of guilty or no contest, or by a finding of guilt after a trial before a judge or jury. A person will be sentenced only upon conviction.

When imposing a sentence a judge considers a range of punishments established by law, including, but not limited to fines, imprisonment and probation. A judge may order probation when a sentence is withheld or stayed, and may also impose other conditions such as treatment and personal conduct limitations. When an offender violates probation and probation is revoked, the offender returns to court for sentencing or begins to serve the stayed or withheld period of imprisonment.

Many cases and charges result in a guilty plea after negotiations between the prosecutor and the defendant and/or defendant’s counsel. Guilty pleas involve complete or partial agreement between the parties regarding the final outcome of the case. The Parties present the agreement to the Court for approval, thought a judge is not bound by the terms of the agreement. In the absence of a guilty plea or other agreement, the case will move to trial by jury or judge.

All persons convicted of a crime possess the right to appeal the conviction.

Felony Court Procedure Explained

A felony is a crime that may be punishable by confinement for more than a year in a state prison.
The steps of a felony case follow:

INITIAL APPEARANCE: This is a defendant’s first appearance in court. The court informs the defendant of the charges and penalties, establishes bail or bond, and sets a date for the preliminary hearing.

PRELIMINARY HEARING: A judge hears testimony to decide whether the court has probable cause to believe a crime was committed and the defendant committed it. If the judge finds probable cause exists, the case continues and is “bound over” for trial.

ARRAIGNMENT: The defendant pleads guilty, not guilty, or no contest. If there is a plea of guilty or no contest, the court sets a date for the sentencing hearing.

MOTIONS: A verbal or written request that asks the judge to decide a legal question made by the prosecutor or the defense counsel before, during, or after trial.

IN-PERSON STATUS CONFERENCE: A court hearing for the parties to discuss whether an agreement can be reached before the trial. If an agreement is reached, it may become a plea and sentencing hearing.

TRIAL: An official hearing in which either a jury (jury trial) or judge (bench trial) hears the facts of the case. Through physical evidence and testimony of witnesses, the prosecutor attempts to prove the defendant’s guilt beyond a reasonable doubt. If the defendant is found guilty, the judge may sentence the defendant immediately or set the case for a sentencing hearing.

SENTENCING: A court hearing in which the judge decides the punishment for the defendant. A sentencing hearing follows a plea of guilty or no contest plea or a finding of guilty by a jury or judge.

Misdemeanor Court Procedure Explained

A misdemeanor is a crime that may be punishable by confinement to a county jail for one year or less.
The steps of a misdemeanor follow:

INITIAL APPEARANCE: This is a defendant's first appearance in court. The court informs the defendant of the charges and penalties, establishes bail or bond, and the defendant enters a plea of guilty, not guilty, or no contest. In many cases the prosecutor provides the defendant with an offer describing a potential resolution of the case. If the defendant desires to accept the offer or plead guilty or no contest, the matter will be set with the judge for sentencing, potentially on the same day. If the plea is not guilty, the court will set a return date and date for a trial.

RETURN DATE OR IN-PERSON STATUS CONFERENCE: These hearings inform the judge whether the case will proceed to trial or the parties reached an agreement. If the parties concluded an agreement, the hearing may proceed to plea and sentencing.

MOTIONS: A motions hearing addresses legal questions submitted by either party before, during, or after the trial.

TRIAL: A jury (jury trial) or judge (bench trial) hears the facts of the case. Through physical evidence and testimony of witnesses, the prosecutor attempts to prove the defendant’s guilt beyond a reasonable doubt. If the defendant is found guilty, the judge may sentence the defendant immediately or set the case for a sentencing hearing.

PLEA/SENTENCING: The judge decides the defendant’s punishment. A sentencing hearing follows a plea of guilty or no contest, or a finding of guilt by a jury or judge.

Dodge County, WI

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Criminal Court Process & Procedures