Most Wisconsin defendants don't realize they can face up to 6 years in prison for violating bond conditions—even if they beat their original charges completely. These types of violations can lead to a misdemeanor or even a class H felony, costing months to years in jail and up to a $10,000 fine.
In this post, we'll dig into critical information about Wisconsin bail jumping laws, penalties, and potential defenses against such charges.
What Is Bail Jumping in Wisconsin?
Here's what the law (Wis. Stat. §946.49) actually says: Bail jumping occurs when someone "having been released from custody under ch. 969, intentionally fails to comply with the terms of his or her bond."
Standard Bail Conditions in Wisconsin
The moment you're released on bail, Wisconsin law automatically imposes these requirements:
- Appear at ALL court proceedings—miss one date, face 6 years
- Commit no new crimes while released (automatic under Wis. Stat. § 969.02(4) and § 969.03(2))
- Submit to ALL orders and process of the court—no exceptions
Wisconsin judges have broad discretion under Chapter 969 to add non-monetary conditions they deem reasonable, including:
- No-contact orders with alleged victims or witnesses
- Geographic restrictions—stay away from certain locations or face prison
- Travel limitations—leave the county without permission, get arrested
- Alcohol/drug testing—one positive test equals 6 years
- Curfew requirements—be home by 10 PM or face felony charges
- Supervised custody with designated persons or organizations
Violating any of these conditions can trigger bail jumping charges.
Penalties for Bail Jumping in Wisconsin
There are two levels of severity for charges of bail jumping in Wisconsin.
Misdemeanor Bail Jumping
If your underlying offense is a misdemeanor: Bail jumping becomes a Class A misdemeanor, carrying penalties of:
- Up to 9 months jail
- $10,000 fine
Felony Bail Jumping
If your underlying offense is a felony: Bail jumping escalates to a Class H felony, carrying penalties of:
- Up to 6 years prison
- $10,000 fine
- Or both
You Can Be Punished for Two Charges
Wisconsin courts have ruled repeatedly that "a charge underlying a bail-jumping charge is not a lesser-included offense, and punishment for both does not offend double-jeopardy protection.
Translation: You can be punished for both your original charge and bail jumping—or prosecutors may try to convict you of bail jumping even if they can't prove the original case.
Failure to Comply with Bond Conditions (Wis. Stat. § 969.13)
Wisconsin law mandates financial penalties: "if the conditions of the bond are not complied with, the court having jurisdiction over the defendant in the criminal action shall enter an order declaring the bail to be forfeited."
After forfeiture, you have exactly 30 days to appear and surrender to the court. If you miss this deadline and can't prove the failure was "impossible and without the defendant's fault," the court must (on DA motion) enter judgment against you and any surety for the full bail amount, plus court costs.
What this means:
- Loss of all bail money
- Judgment for additional court costs and fees
- Additional criminal charges for bail jumping
Caviat: In some cases, the court may decide to set aside the forfeiture “if justice does not require” enforcement. §969.13(2).
Additional Consequences of a Felony Conviction
Potential consequences following a Class H felony conviction:
- Permanent felony criminal record that shows up on every background check
- Loss of constitutional rights including firearms possession (Wis. Stat. §941.29.)
- Professional license consequences that can end careers
- Employment barriers that limit your ability to support your family
- Housing discrimination that affects where you can live
- Immigration penalties for non-citizens, including deportation
Understanding The Three Key Elements of a Bail Jumping Prosecution
Wisconsin courts have established exactly what prosecutors must prove under Statute 946.49 in order to convict. Understanding these elements is key to your defense.
Element 1: The Original Charge
You were either arrested for or charged with a felony or misdemeanor.
Element 2: Bond Conditions
You were released from custody on a bond with conditions established by the trial court.
Wisconsin courts previously ruled that "'Release' refers to the defendant posting the bond, be it signature or cash, and need not be accompanied by the defendant's physical departure from the jailhouse."
What this means: You can be charged with bail jumping before you even leave jail if you violate conditions after posting bond.
However, if your attorney can prove that you did not intentionally violate these conditions, that can be a viable defense.
Element 3: The Prosecution's Hammer
You intentionally failed to comply with bond terms—you knew the rules and broke them anyway.
If your case involves drugs, you might be at a disadvantage due to legal precedent. Wisconsin courts previously held that "a positive urine test was sufficient to establish that the defendant intentionally violated the conditions of a bond prohibiting the use of illegal drugs." This means they may not need much evidence to convict you.
Felony Bail Jumping Case Success Stories
State of Wisconsin v. S.P.
In State of Wisconsin v. S.P., Chippewa County Case Nos. 16-CF-289, 16-CF-96 and 16-CF-253 the defendant was initially charged with an OWI-7th offense with two pending OWI-PAC’s at the same time, along with bail jumping. The 7th offense requires a minimum mandatory three-year term of imprisonment. Attorney Stangl was able to get the 7th offense reduced to a 5th/6th offense, thereby saving his client from prison. The client received five years probation and one year in the county jail on the 6th offense OWI-PAC, which also could have resulted in a prison sentence.
Craig's Conundrum
Attorney Stangl was hired to help Craig in what appeared to be a hopeless situation and likely prison sentence. Craig was charged with 12 criminal charges, eight (8) of which were felonies, including strangulation and suffocation; intimidating a victim through the use of force; aggravated battery; false imprisonment; and possession of a firearm by a felon.
Attorney Stangl filed a Motion to Dismiss Count One through Six and Count Twelve of the Criminal Complaint and based upon the motion the prosecutor elected to dismiss all twelve criminal charges.
Although the State refiled some of the criminal charges, the Motion to Dismiss filed by Attorney Stangl resulted in the dismissal of six felonies. Upon being recharged, the client faced two felonies, including felon possession of a firearm and false imprisonment.
The case was resolved shortly before trial and even though the State possessed evidence showing the defendant’s DNA on the firearm in question, that charge was nonetheless dismissed.
Ultimately, the defendant ended up with two disorderly conduct convictions and a Class A misdemeanor bail jumping conviction, an extraordinary result in a case that looked hopeless from the start.
Next Steps: Act Now to Preserve Your Freedom
If You're Facing Bail Jumping Charges Today:
- STOP talking to police immediately—anything you say will be used to convict you.
- Document everything about your bond conditions and any interactions with the court.
- Follow every single bond condition perfectly while your case is pending—one more violation could mean prison.
If You Think You May Have Violated Bond:
- Don't wait for the arrest—early intervention by experienced counsel can make the critical difference between freedom and prison.
- Contact an experienced criminal defense attorney immediately.
Get Your Free Consultation with a Nationally Recognized Wisconsin Criminal Defense Attorney
Since 1991, Attorney Patrick J. Stangl has successfully defended the most serious criminal charges across Wisconsin. His deep understanding of Wisconsin criminal law, prosecutor tactics, and court procedures has saved countless clients from prison.
Frequently Asked Questions About Bail Jumping
Q: Can I be convicted of bail jumping even if I'm found not guilty of the original charge? A: Absolutely. Wisconsin courts have repeatedly ruled that "a charge underlying a bail-jumping charge is not a lesser-included offense." This means prosecutors can convict you of bail jumping even if they lose your original case completely.
Q: What if I didn't know about a specific bond condition? A: Wisconsin law requires the violation be "intentional," so proving it was unintentional could be your path to victory. Don't try to handle this yourself—contact Attorney Stangl immediately.
Q: Can prosecutors file multiple bail jumping charges for one incident? A: Unfortunately, yes. Wisconsin courts ruled that "charging a defendant with two counts of bail jumping when the defendant violated multiple conditions of a single bond was not multiplicitous." Violating multiple conditions can support multiple counts.
Q: When am I officially "released" for bail jumping purposes? A: The moment you post bond. Wisconsin law states that "release" occurs when you sign the bond documents, not when you walk out of jail. You can violate bail jumping laws before you even leave custody.
Q: What happens to my bail money if I'm charged with bail jumping? A: Wisconsin Statute 969.13 mandates that if bond conditions aren't followed, "the court having jurisdiction shall enter an order declaring the bail to be forfeited." In other words, if the court finds you failed to comply, you do not surrender to the court within 30 days after forfeiture and can't prove the failure was "impossible and without the defendant's fault," and the court decides not to set aside your forfeiture, your money could be gone.
Q: Can witnesses be charged with bail jumping too? A: Yes. Wisconsin Statute 946.49(2) states that "a witness for whom bail has been required under s. 969.01(3) is guilty of a Class I felony for failure to appear as provided."
Don't Face This Alone—Your Future Depends on Acting Now
The difference between freedom and prison often comes down to one phone call. Attorney Stangl's FREE consultation could be the most important conversation of your life.
Contact Stangl Law today.
Stangl Law Offices, S.C.