In Wisconsin felony cases, after the initial appearance, the defendant has the right to a preliminary hearing — a proceeding that can significantly affect how the case unfolds. Understanding what a preliminary hearing is and how to use it strategically is important for anyone facing felony charges.
What Is the Purpose?
A preliminary hearing is a probable cause hearing. The state must present evidence sufficient to show that a felony was probably committed and that the defendant probably committed it. This is a much lower standard than proof beyond a reasonable doubt — but it is a real threshold, and some cases are dismissed or reduced at this stage.
What Happens at the Hearing
The state calls witnesses — often law enforcement officers — and presents evidence. The defense has the right to cross-examine those witnesses. This is a critical opportunity: it allows the defense to lock in witness testimony under oath before trial, identify weaknesses in the state’s case, and sometimes expose facts that support a motion to dismiss or a favorable plea negotiation.
Waiving the Preliminary Hearing
Defendants can waive the preliminary hearing. Prosecutors sometimes offer incentives to do so. Whether to waive is a strategic decision that depends on the specific facts of your case, the strength of the state’s evidence, and what discovery has been provided. It should never be done without careful consultation with your attorney.
Related Articles
- Felony charges in Wisconsin: what to expect
- What to do if you are arrested in Wisconsin
- What is a no-contest plea in Wisconsin?
Attorney Christopher Carson defends felony cases in Waukesha and Milwaukee counties. Call (262) 860-8932.