Criminal Trial Proceedings

In a criminal case the prosecutor must show evidence that proves to the jury hearing the case that an accused defendant is guilty "beyond reasonable doubt" before a guilty verdict can be taken back. When it comes to law, unless proven guilty they are considered innocent. Accused people are usually assumed to be guilty so proof is needed to avoid an inaccurate conviction.

´Criminal law´ is a phrase that references all the laws of a city, state, or the federal government that are present to prevent crimes or the violation of the rules of society. ´Criminal law´ can also refer to the act of providing legal representation to people who are suspected, accused, or convicted of a crime. Even though it has criminal in its name, ´criminal law´ includes both criminal and noncriminal laws.

What is a Crime?
A crime is any action that is forbidden by law and is punishable by fines or jail time, or both. On the other hand, a noncriminal action is conduct that is forbidden by law, but the punishment is forfeiture (property or fines). The codified laws spell to what needs to happen in order for a crime to have occurred and what punishments can be handed out. The United States Constitution offers protection to people who are accused of crimes including the right to not incriminate yourself and the right to legal representation.

Who is your Attorney?
The person charged with a crime is the "defendant." The person who is representing the defendant is the "criminal defense attorney." The criminal defense attorney assesses the charges that have been brought against you, tries to get the charges dropped or at least reduced it that´s an option, proposes to the court that evidence should be suppressed if that is necessary, and most importantly explains to you all of your options. Your criminal defense attorney will do everything to make sure that your rights are protected.

You are up against the government and their attorneys:
In a criminal case the "plaintiff" is the state or Federal government and is represented by the off of the District Attorney, which assigns a "prosecutor." Members of the justice system include the judge, bailiff, district attorney, prosecutors, and the police. The prosecutor tries to prove the case against the defendant in a court of law. The ´case´ is made up of evidence, facts, forensic lab findings, witness testimony, and the police investigation. It is not the job of the justice system to help you comprehend the written law, the defense process, how to dismiss charges, or how to suppress evidence. The entire criminal justice system exists to investigate suspects, charge suspects, compile evidence, prove guilt, and punish the convicted on behalf of the public for the crime committed.

Criminal Justice System:
The criminal justice system is made up of a large association of crime labs, forensics specialists, the police, judges, prosecutors, public defenders, and correctional facilities. The criminal defense process is an extremely complicated process with a series of complex rules.

Juvenile Justice System:
When any person under the age of 18 year commits a crime it is known as a ´juvenile crime´ and is classified as ´juvenile law´, which is under authority of the juvenile justice system. The procedures in the juvenile court system are much less proper. Some juvenile justice systems have alternative sentencing programs, such as voluntary probation sentences.

Criminal Charges and Noncriminal Charges:
Charges are accusations and allegations, which are not convictions. Criminal charges are an accusation that a person violated a state or Federal law, and the allegations must be proven by the prosecuting attorney in court or confessed to by the defendant, regardless of any evidence gathered.

A noncriminal charge is an accusation that a person violated a noncriminal state or federal law or a city ordinance. Speeding is a common noncriminal charge.

It is said that charges are "brought against this person" at the moment they are officially registered with the department of the justice system (most times the district attorney office), then the person is said to be "formally charged" or "charged" with an explicit crime or crimes. Before any of the charges are brought on the person, they are "suspected" of committing a crime. An indictment is when the state files official charges against a person. Once a person is indicted, it is the prosecutors job to prove that the person is guilty, this is known as prosecuting the case, on the other hand the criminal defense attorney attempts to defend the accused against the charges. The defense tries to purport the charges by raising "reasonable doubt." If the judge or jury finds the defendant guilty they are "convicted," if they are found innocent of the crime they are "acquitted."

Wisconsin´s noncriminal and criminal offenses:
You are a suspect if you under any type of investigation, regardless of whether or not you have been questioned. If the police question you, no matter what they say, one of your rights is to have your attorney present. If the police think you have evidence in your control, they can either ask you to allow them into your house or they can ask a judge for a search warrant. If they enter your home and they don´t have your permission, or don´t have a search warrant, they could be committing an illegal search. There are specific instances where an officer can enter your residence without your permission or a warrant. If any property is taken from your home while the police commit an illegal search they are doing an illegal seizure.

In order for a judge to issue a warrant for your arrest, the authorities have to collect sufficient evidence to prove to the judge that you either committed the crime or were a party to the criminal act. Once the police get the arrest warrant they will take you into custody regardless of the charges and whether or not you´re innocent. The charges against you determine the form and amount of the bone, and in some cases whether a bond is even set.

Some cases are very complicated and the investigations can take a long time, these include rape, theft, computer crimes, drug crimes, white collar crimes, fraud, embezzlement, child pornography, identity theft, property crimes, and homicide. No matter what you are accused of, getting in touch with your attorney early in the investigation process is extremely helpful.

Police do not always need a warrant to arrest people, this is very common for drunk driving cases, in which a person is pulled over and fails a sobriety test and is arrested. When police are answering a call for burglary, vandalism, reckless driver, assault, violent dispute, domestic dispute, or a drug sale they will arrest the offenders if they have believe that the person committed the crime. In these instances you do not have any warning about your impending arrest.

Felony, Misdemeanor, Forfeiture:
According to the Wisconsin law criminal and noncriminal crimes are categorized into 3 sections according to the severity of the action. The categories are Felony, Misdemeanor, and Forfeiture. The most severe charges are felonies, they carry at least a year of imprisonment in a state prison, or fines, or both. All crimes that are not felonies are misdemeanors, they carry a sentence of less than a year in a county jail or fines, or both. Forfeitures are property seizures and fines; they are not crimes. There is a possibility your attorney can negotiate with the prosecution to reduce or drop some or all of the charges brought against you.

Indictment or Information:
An indictment can include any number of charges against you, and the charges may even be further broken down into the severity of each crime. There are some crimes that can increase the severity of the sentencing, sometimes the charges for these crimes are negotiable, and that is a question for your attorney.

Wisconsin´s "open records" law:
The open records law in Wisconsin allows the public to see people´s criminal records in Wisconsin, with the exception of juvenile records. You can access these records at http://wccawicourts.gov, this is contingent on the county where the person was charged participates in the program. Some of the things published on the Circuit Court´s website include criminal charges and civil infractions, also, most sex crimes require mandatory reporting on the sex offender registration.