WHAT SHOULD YOU DO IF YOU HAVE A CRIMINAL/TRAFFIC CASE?
The procedures in criminal and traffic cases are similar in some respects. A lot depends on the type and seriousness of the charge. In both situations you will be given a court date. You should make sure you appear at the appropriate court on the date and time given to you or a warrant for your arrest may be issued. For non-criminal traffic offenses, meaning those not involving the possibility of a jail sentence, such as speeding or running a red light, if you do not appear the court will enter a conviction and assess the appropriate fine and points against your record.
Question: What if I am charged with drunk driving?
You should make sure you appear on the court date. If it is a second or subsequent offense, there is a mandatory jail sentence on conviction in Wisconsin. If you have failed an alcohol test, you will receive an automatic six month suspension separate from the suspension you may receive from the drunk driving ticket. This suspension will start thirty days after the failure unless you request a review hearing. You have ten days from the failure to request this hearing. The minimum suspension for a drunk driving ticket is six months.
Question: What if I have a criminal charge?
At your initial hearing you will receive a copy of the Complaint which explains the charges. If it is a felony you have the right to a Preliminary Hearing which is a hearing on the record. The State has to put on enough evidence to show a felony probably was committed and you may have been involved. Typically before the Preliminary Hearing you or your attorney will have the chance to meet with the District Attorney to discuss resolution of the case. You have the right to get copies of the police reports and other information relating to your case from the District Attorney. Felonies and misdemeanors carry substantial periods of incarceration on conviction so it is best to consult an attorney. You may also check to see if you qualify for a public defender.
Question: Do I have to talk to the police?
Everyone has the right under our Constitution not to incriminate him or herself. You do not have to make any statement that may be used against you in a criminal prosecution. I advise my clients not to talk to anyone about their case unless they have cleared it with me first.
Question: What should I do if I am charged in a criminal or traffic matter?
The best thing would be to talk to an attorney. You have the right to know what the charges are, to have an attorney, not to incriminate yourself and to have the matter resolved in open court in a fair and prompt manner. You have the right to a jury trial if you wish to deny the charges and make the State prove the charges beyond a reasonable doubt. By all means, talk to an attorney.
