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ADAM Y. GEROL
District Attorney
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A misdemeanor is a crime
that may be punishable by confinement to a county jail for one
year or less. The steps through a misdemeanor case are as
follows:
The District Attorney’s
Office receives a criminal referral (reports) for criminal
charges from a local law enforcement agency.
The criminal referral is assigned to the District
Attorney or an Assistant District Attorney.
The Attorney will review the reports and determine if
probable cause exists to file criminal charges.
If the Attorney decides charges are warranted, the
attorney will dictate a criminal complaint which in turn is
filed with the Clerk of Court’s Office.
A copy of the Criminal Complaint, the Summons and a
Notice of Hearing is sent by US mail to the defendant (the
accused). Failure to
appear at any court date will most likely result in the Judge
issuing a Bench Warrant for the defendant’s arrest.
[It is important to contact the Clerk of Court’s Office
or District Attorney’s Office of an address change during the
criminal process.]
INITIAL APPEARANCE:
A defendant's (the accused) first appearance in court. At this
court appearance the defendant may have a retained attorney
present. The
defendant is informed of the charges and penalties, bail is set
and a plea of guilty, not guilty, or no contest is normally
entered. If not guilty plea is entered, the defendant will
receive another Notice of Hearing date being set for usually
either a plea hearing, plea/disposition hearing, or a status
further proceedings hearing.
The defendant will also receive a letter from the DA’s
Office stating the State’s recommendation for sentencing that
will be recommended to the Judge and also receive a set date for
a pretrial in the District Attorney’s Office.
A Pretrial is an opportunity for the defendant, or if an
attorney is retained, the defense attorney to speak to with the
(Assistant) District Attorney further about the recommendation
for sentencing.
STATUS 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.
MOTIONS: A verbal or written request that asks the judge
to decide a legal question made by the prosecutor or by the
defendant before, during or after the trial.
PRETRIAL:
An informal meeting with
the prosecuting attorney and the defense attorney or
non-represented defendant to discuss the case and receive the
sentencing recommendation that the State will provide the court
at the time of sentencing.
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.
PLEA/SENTENCING/DISPOSITION: Defendant enters a plea of
guilty or no contest.
A sentencing hearing follows a plea of guilty or no
contest plea, or a finding of guilt by a jury or judge.
If a victim is involved,
the case may be reset so that the victim is notified of
the sentencing court date, unless previously stated that they do
not wish to attend.
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