The Criminal Court Process

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

POSSIBLE OUTCOMES OF PROSECUTION

There are a number of possible resolutions or dispositions of a criminal case or charge. A case may be deferred, resulting in a dismissal of the charge if the person successfully completes a deferred prosecution agreement. Or, a case may proceed to conviction and sentencing. A person can be sentenced only if convicted. A person can be convicted only on his/her plea of guilty, or by a finding of guilt after a trial to a judge or jury.

There are a variety of sentencing possibilities. The range of possibilities is set by law. However, within that range the judge determines the sentence. An option the court has in most cases is probation. Probation may be ordered when a sentence is withheld or stayed. When probation is ordered, the judge may also order that the probationer comply with certain conditions that may include jail, treatment, no contact with victims, and others. If the offender violates probation and probation is revoked, the offender is returned to court for sentencing, or a term of imprisonment previously stayed is then imposed.

Other sentencing options available to the court are fines, jail and imprisonment. As stated earlier, the maximums available to the court for the crime are set by law, but the court determines sentence within that range.

Most convictions are the result of a plea of guilty by the defendant. Many of these guilty pleas are the product of negotiations between the prosecutor representing the State and the defendant. Negotiations may result in complete or partial agreement between the parties regarding the final outcome of the case. This agreement is then presented to the judge for approval. When all or some of the final outcome is not agreed to by the parties, both sides have the opportunity to present their positions to the judge, who then makes a final sentencing decision. A person convicted of a crime, even one who enters a plea of guilty, has the right to appeal his or her conviction. Most persons convicted of crime do not elect to do so, however. If your case is appealed, information about this process can be made available to you.

DEFERRED PROSECUTION

Deferred prosecution is a program authorized by Wisconsin law, whereby a person facing criminal charges or charged with crime is diverted from the criminal court process. To be eligible to participate in deferred prosecution an offender usually has no prior criminal record, must accept responsibility for their offense, and must be willing to participate. In addition, participation is allowed only with the consent of the assistant district attorney. A person facing criminal charges can be referred to the program by the district attorney before or after charges are issued.

Participants are required to acknowledge responsibility for the criminal conduct and to sign a contract. The contract may require them to attend classes, pay restitution, engage in community service, and obtain counseling as needed. The contract is designed to require the participant to take appropriate measures to diminish the likelihood of further criminal behavior.

Successful completion of the program results in the dismissal of criminal charges against the person. If the person violates the contract or becomes involved in further criminal behavior, their case is returned to the district attorney or court for prosecution in criminal court.

GLOSSARY

• Arraignment - A court appearance at which the defendant is formally charged and is asked to enter a plea of guilty, not guilty or no contest. In felony cases, an arraignment follows a preliminary hearing.
• Bound Over - At the completion of the preliminary hearing, if the judge finds that it is reasonable to believe that the defendant committed a felony, the defendant is sent to Court to stand trial.
• Complaint - A legal document prepared by the DA based on police reports. It lists the charges and some of the evidence against the defendant. The complaint is filed in Court.
• Defendant - The person accused of or charged with a criminal offense. This is the person alleged to have committed a particular crime.
• Deferred Prosecution - See back panel.
• Decline - The office of the District Attorney decides not to issue any criminal charges.
• Dismissal - The charge or charges against the defendant are dismissed. No conviction.
• District Attorney - Under state law, the prosecuting attorney who represents the state in each county.
• Assistant District Attorney - An attorney who acts on the District Attorney's behalf.
• Felony - A crime punishable by confinement in a state prison, for one year or more.
• Final Pretrial Conference - Final hearing before a case proceeds to jury trial. The parties discuss a case and either settle it or ask that it be scheduled for trial.
• Initial Appearance - A defendant's first appearance in court. A judge may read the charges, sets bail (either cash or personal recognizance and determines the conditions of release if any). In felony cases, a date is set for a preliminary hearing. In misdemeanors, the initial appearance is also the arraignment where the defendant enters an initial plea.
• Misdemeanor - A crime punishable by confinement in a county jail, for one year or less.
• Motions - Oral or written requests about legal questions made by the prosecutor or the defendant before, during or after a trial. Motions ask the court to issue a ruling or order regarding the case.
• Plea - A person accused admits or denies commission of a crime by pleading guilty (no contest) or not guilty. The accused can be convicted on his/her plea of guilty (no contest).
• Preliminary Hearing - In felony cases, an evidentiary hearing at which the state must prove to the judge that there is enough evidence to believe the defendant committed a felony.
• Pretrial Conference - A conference between attorneys to see if the case can be settled without going to trial.
• Probable Cause - A judicial determination that there is sufficient evidence for the case to proceed to trial.
• Restitution - An amount of money set by the court to be paid to the victim of a crime for property losses or injuries caused by the crime.
• Sentencing - The hearing at which the court imposes sentence. Sentencing follows a guilty plea or a finding of guilt by a jury or judge.
• Subpoena - A written order requiring a person to appear in court to testify. The subpoena states the date, time, place and proceeding at which the witness must appear.
• Trial - A hearing for presenting physical and testimonial evidence to a judge or jury for a determination of whether an accused is guilty beyond a reasonable doubt or not guilty of the crime(s) charged. A defendant may be found guilty of all, some, or none of the charges. If the defendant is found guilty, s/he can then be sentenced for that crime by the judge at that time or at a later hearing; if the defendant is found not guilty of a crime, the charge is dismissed.

Revised: August 29, 2006.