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Madison WI attorney

The Guide to Understanding Bail in Wisconsin

How is Bail determined in Wisconsin?

If you are arrested in Wisconsin, your ability to get out of jail before your trial is based on the bail statute. Simply put, bail is what you have to pay to get out of jail between your arrest and being convicted. Whether you are eligible depends on a number of factors, with the court holding a great deal of discretion.

How Bail Is Set

After you are arrested, you first have to attend your Initial Appearance. This is where the judge determines the amount, if any, you have to pay to be released. The purpose of bail is to ensure that the person arrested will appear at trial, so you need to commit to appearing should you be released. The judge is not obligated to grant a bail request; you may be ordered to remain in jail until your trial. Regardless, make sure you do not answer questions from the police until you have consulted an attorney.

Some courts use a bail schedule for different crimes and conditions, but not all do. The standard amount might be lowered or raised depending on your financial condition, the severity of the crime for which you were arrested, or the judge’s sense of whether you might fail to appear. Importantly, the Eighth Amendment forbids excessively high bail, but determining whether your case meets that threshold can be difficult.

After You Pay Bail

If the court releases you on bail, you are not free. You still need to appear for trial and all court proceedings. Accordingly, you need to make sure everything is in order at home, and then consult an experienced defense attorney. At Eisenberg Law Offices, we have the expertise and experience to understand your case and give it the individual attention you need and deserve. Whether you are in jail or out on bail, contact us so we can fight for you.