Your Rights in an Wisconsin Criminal Case

If you are facing criminal charges in Wisconsin, you have constitutional protections that exist from the moment of your first encounter with law enforcement through the final resolution of your case. These rights are not optional — they are the foundation of the criminal justice system, and exercising them is never evidence of guilt.

You cannot be compelled to testify against yourself or to make any statements to law enforcement. This right exists at every stage:

• During a police encounter — You do not have to answer questions about where you are going, what you are doing, or what happened. In most states, you must provide identification if asked, but nothing more.
• During custodial interrogation — Once in custody, police must read you your Miranda rights before questioning. If they fail to do so, your statements may be suppressed.
• At trial — You have an absolute right not to testify. The prosecution cannot comment on your decision not to testify, and the jury must be instructed not to draw any inference from your silence.

You have the right to an attorney at every critical stage of the criminal process. If you cannot afford one, the court must appoint one at no cost.

• When the right attaches — The right to counsel attaches at the initiation of formal proceedings (arraignment, indictment, or formal charge). However, you have the right to have an attorney present during custodial interrogation under Miranda even before formal charges.
• How to invoke it — Say clearly: "I want to speak with an attorney." Once invoked, all questioning must stop until your attorney is present.
• Appointed counsel — Wisconsin State Public Defender (SPD) provides statewide defense. SPD represents indigent clients in trial, appellate, and post-conviction proceedings. Private bar appointments supplement SPD capacity.
• Effective assistance — You have the right not just to any attorney, but to effective legal representation. Ineffective assistance of counsel can be grounds for overturning a conviction.

Wisconsin provides a specific speedy trial deadline: 90 days. Wis. Stat. § 971.10: in misdemeanor actions, trial must commence within 60 days of the defendant's initial appearance. In felony cases, trial must commence within 90 days after any party demands trial in writing or on the record; the demand may not be made until after the information or indictment is filed. Courts may grant ends-of-justice continuances, but not for general calendar congestion. A defendant not tried within these limits must be discharged from custody, though bond obligations and release conditions continue until modified or removed.

The speedy trial right protects against prolonged pretrial detention, anxiety, and the deterioration of evidence that could help the defense. If the right is violated, the remedy is dismissal of the charges.

You are presumed innocent until proven guilty beyond a reasonable doubt. This is not just a formality — it means:

• The prosecution bears the entire burden of proof
• You do not have to prove your innocence or present any evidence
• You do not have to testify or explain anything
• The jury must be instructed that the defendant is presumed innocent

You have the right to face your accusers and cross-examine every witness the prosecution calls against you. This includes:

• The right to be present at trial
• The right to hear and challenge all testimony
• The right to cross-examine witnesses about bias, inconsistencies, perception, and memory
• Protection against most hearsay evidence (out-of-court statements offered for their truth)

For any offense that carries potential incarceration of more than six months, you have the right to a trial by jury. In Wisconsin, criminal juries consist of 12 members who must reach a unanimous verdict to convict.

You may waive your right to a jury trial and be tried by a judge alone (bench trial), but this decision should only be made in consultation with your attorney.

Law enforcement needs a warrant, probable cause, or your voluntary consent to search your person, home, vehicle, or belongings §U.S. Const. amend. IV. Key protections include:

• Warrant requirement — Searches of your home almost always require a warrant issued by a judge based on probable cause
• Exceptions — Established exceptions include search incident to arrest, plain view, exigent circumstances, and automobile searches based on probable cause
• Consent — You have the right to refuse consent to a search. Clearly state: "I do not consent to a search." If the officer searches anyway, the legality can be challenged later
• Exclusionary rule — Evidence obtained through illegal searches may be suppressed and excluded from trial

You cannot be tried twice for the same offense after acquittal or conviction. However, this protection has important limits:

• State and federal governments are separate sovereigns — a state acquittal does not bar federal prosecution for the same conduct
• Different charges arising from the same incident may not constitute "the same offense"
• Mistrials declared with the defendant's consent (or due to manifest necessity) do not bar retrial

Under Wis. Stat. § 969.01 and Wisconsin Constitution Art. I, § 8, defendants before conviction are generally eligible for release under reasonable conditions designed to assure appearance in court, protect the community from serious harm, and prevent intimidation of witnesses. Exceptions include pretrial detention under § 969.035 and § 971.14(1r). Monetary bail may be imposed only on a finding that it is necessary to assure appearance. For an accused violent crime, it may also be imposed on a finding that it is necessary based on the totality of the circumstances. Bail imposed only to assure appearance is limited to the amount necessary for that purpose, and bail may not be excessive. Wisconsin truth-in-sentencing (1998) eliminated parole; court imposes bifurcated sentence of initial confinement and extended supervision. Nolo contendere pleas permitted under Wis. Stat. § 971.06.

Excessive bail is prohibited. The purpose of bail is to ensure your appearance at trial, not to punish you before conviction.