After an arrest in Wisconsin, it's common to wonder how soon you can get out on bail and what it will cost. Understanding your bond options—particularly the difference between signature bonds and cash bonds—is useful for navigating the legal process ahead.
What is Bail in Wisconsin?
Put simply, bail is the fee you must pay to be released from jail after you've been arrested. Wisconsin Statute §969.001(1) clearly defines it as "...monetary conditions of release." Remitting this monetary amount is commonly referred to as "posting bail" or "making bail."
Keep in mind, having bail waived, posting bail, or getting bailed out does not mean you are free and clear from the criminal charges that landed you in jail to begin with. If you are released on bail, it is with the understanding that you will return to court for any additional appearances as requested on your own recognizance, or by your own will.
How is Bail Determined in Wisconsin?
Being granted bail is not guaranteed in Wisconsin.
After an arrest in Wisconsin, you will appear in front of a judge or court commissioner. This initial court appearance is known as a "bail hearing."
It's at this hearing that a judge will determine if you are eligible for bail. Whether or not you are found eligible for bail will be up to the judge presiding over your initial court appearance. After reviewing the charges you're facing and the details surrounding your arrest, the judge will take into account any prior criminal convictions on your record. The judge relies on this information, combined with a number of other factors, to decide whether or not to grant bail in your case.
If the judge decides you are eligible for bail, he or she will then determine the amount.
How Much Does Bail Cost in Wisconsin?
When you or a loved one has been arrested, it's common to wonder, "How much will I have to pay for bail?"
Unfortunately, there is no blanket answer to this question. As each criminal case is different, there is no set or standard bail amount in Wisconsin. The judge presiding over your case will determine the cost of your bail to whatever amount they feel is appropriate to the nature of the offenses with which you've been charged.
While there are judges who may apply a set amount of bail according to a particular offense, this is not always the case and certainly should not be counted on. The judge you appear before in your initial court appearance may look at such schedules and then choose to either raise or lower the amount of your bail.
Your Bail Amount Should be Reasonable
The Bill of Rights protects you from unobtainable or unreasonably high bail amounts, although judges can still deny bail in certain circumstances (for example, for serious violent crimes).
According to the Amendment VIII, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
If you are concerned that your 8th amendment right was not respected when your bail was set, contact a proven defense lawyer to discuss your case.
Payment Options for Bail in Wisconsin
You have 3 options in how you choose to pay your bail in Wisconsin:
- Cash or check
- Bail bond
- Property with enough value to meet bail
In some cases, individuals might have their bail amount waived on the condition that they appear in court when scheduled.
Understanding Cash Bonds
With a cash bond, you or someone on your behalf must deposit the required amount before release, unless the court orders a different form of release under Wisconsin Statute §969.02, which has to do with those charged with misdemeanors.
Bond money is refunded if the defendant appears at his or her hearing or otherwise adheres to the orders of the court. Bond payments are forfeited if the defendant fails to appear or does not comply with the conditions of the bond.
Wisconsin courts ruled in State v. Dewitt 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."
Understanding Signature Bonds
A signature bond is a bond with a monetary amount attached to it. However, it does not require you to actually post money to be released.
Instead of paying bond to the county jail, the defendant agrees in writing to return to court on a specific date before being released. Signature bonds do not require the defendant to pay that amount up front. You only owe the amount if you fail to appear in court or violate bond conditions.”
If the judge sets a signature bond after you've already posted money, that previously posted money will be returned.
The Consequences of Not Complying with Bond Conditions
Once you have been bailed out of jail in Wisconsin, it's important to keep in mind that your freedom is both temporary and conditional.
The moment you're released on bail, Wisconsin law automatically imposes certain requirements: You must appear at all court proceedings and commit no new crimes while released.
If the conditions of the bond are not complied with, the court may declare 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 enter judgment against you and any surety for the full bail amount, plus court costs, according to Wisconsin Statute § 969.13(4).
Violating bond conditions can lead to additional bail jumping charges—a misdemeanor or even a class H felony, costing months to years in jail and up to a $10,000 fine.
What to Do After Being Released on Bond
Once your bail amount has been set, you can post bail for your release from jail until your next court appearance, providing you meet the conditions of your bail.
The first thing you should do after you get out on bail in Wisconsin is consult a skilled criminal defense attorney to help ensure your next actions are in the best interest of your defense and freedom.
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With over 32 years of experience defending OWI and other criminal cases across Wisconsin, Criminal Defense Attorney Pat Stangl remains committed to providing exceptional and thorough defense for his clients.
Defense Success Story: Narcotics Defense
Attorney Stangl represented a client charged with possession of narcotic drugs, fentanyl, and possession of cocaine. Possession of fentanyl, even in very small amounts, is a felony. The drugs were discovered during a search of his client’s property prior to being booked into the Dane County Jail on a traffic violation.
To prove possession of drugs the State has to prove the defendant knew that it was the particular drug and that they possessed it, meaning they exercised dominion and control over the item. Here, there was no question the client possessed the drugs since they were found in his wallet which was removed from his person prior to an inventory search of personal property at the jail. Unfortunately, fentanyl is being mixed with other street drugs, usually unknown to the possessor.
Here, the client did not have knowledge that fentanyl was mixed with the cocaine. At the preliminary hearing held on the fentanyl charge Attorney Stangl moved to dismiss, arguing that the State had failed to establish probable cause as to the possession of fentanyl. He argued that there was no evidence or reasonable inferences therefrom, that his client knowingly possessed the drug.
The court denied the motion and the matter was bound over for further proceedings, including trial. A relentless advocate for his clients, Attorney Stangl was able to get the fentanyl charge dismissed outright and the possession of cocaine charge, a misdemeanor, amended to a non-criminal ordinance violation for possession of drug paraphernalia. His client ended up with a civil infraction and a small fine, escaping all criminal consequences.
Take The First Step Toward a Stronger Defense
If you're facing criminal charges in Wisconsin, Attorney Stangl is happy to extend to you at no obligation a free 10-minute consultation to discuss the details of your case and explore options for your defense.
Don't make the mistake of putting your defense on hold; contact us today to request a consultation right away.
Stangl Law Offices, S.C.