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ADAM Y. GEROL
District Attorney
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A felony is a crime that
may be punishable by confinement for more than a year in a state
prison. The steps through a felony case are as follows:
INITIAL APPEARANCE:
A defendant’s first appearance in court. At this court
appearance, the defendant is informed of the charges and
penalties, bail is set and a date for a preliminary hearing is
set.
PRELIMINARY HEARING:
A judge hears testimony at which time the (Asst) District
Attorney must prove to the judge that there is enough evidence
to believe the defendant committed a felony. If the judge
feels there is enough evidence to have the defendant stand
trial, 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, a date is set for the
sentencing hearing.
If the plea is not guilty, the retained defense attorney or pro
se’ defendant may request in writing discovery (reports) from
the District Attorney’s Office and the attorney or defendant
will receive a letter of the State’s sentencing recommendation
(pretrial offer) for possible settlement and also receive a
Pretrial notice to meet at the scheduled date and time with the
prosecuting attorney to discuss the case further if necessary.
MOTIONS: A verbal or
written request that asks the judge to decide a legal question
made by the prosecutor or the defense attorney before, during or
after the trial.
STATUS CONFERENCE OR
FURTHER PROCEEDINGS HEARING:
A court hearing set to inform the Judge if the matter will be
proceeding to trial or if an agreement has been reached, it
could become a plea and sentencing hearing if there is not a
victim involved in the case.
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 by witnesses, the prosecutor attempts to
prove beyond a reasonable doubt the defendant’s guilt. 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 how to punish and
rehabilitate the defendant. A sentencing hearing follows a
plea of guilty or no contest plea or a finding of guilty by a
jury or judge.
OTHER TERMS:
- 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.
- Decline: The prosecuting attorney decides not to issue any criminal
charges.
- Dismissal: The charge or charges against the defendant are dismissed. No conviction.
- Restitution: An amount of money set by the court to be paid to the victim of crime for property losses or injuries incurred by the crime.
- 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.
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121 W Main St P.O. Box 994 -
Port Washington WI 53074 -
General Phone
262-284-9411