How Judges Go About Setting Cash Bail in Wisconsin

Given news reports and criminal dramas on television, many people assume that paying cash bail is an option in every arrest situation. The truth of the matter is that no one is guaranteed to be offered bail in Wisconsin. The judge presiding over the initial court appearance is in charge of both determining if bail should be an option and setting bail in Wisconsin.

During the initial court appearance, the judge reviews the charges against the accused, the details surrounding the arrest, and whether or not the accused has any prior convictions on their record or outstanding warrants. Taking all of this information into account, the judge will go about setting bail. In Wisconsin, as in every other state, citizens are protected from unreasonable bail amounts under the 8^th Amendment to the Constitution.

The 8^th Amendment states:

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Wisconsin Bail Amounts

After an arrest, you might wonder, “How much is bail going to cost?” There is no easy answer to this question. Since every criminal case is different, Wisconsin does not set a standard bail amount. It’s possible that some jurisdictions have a general schedule of bail amounts to help judges make their determination, but a judge always has the final say in setting bail based on the facts and circumstances of the situation.

Ordinarily, judges do not require cash bail, except in cases of extreme violence or homicide.  In general, felony charges will lead to higher cash bail amounts than misdemeanor charges, but this is not always the case. It all depends on the facts of the situation. However, the bail should be reasonable and appropriate to the nature of the offenses committed.

Once cash bail has been set by the judge, you are able to post bail for release right away. Bail allows you to walk free until your next court appearance, but it often comes with conditions which you must be sure not to violate or you risk being sent back to jail.   

Speak With a Criminal Defense Attorney For More Information About Setting Bail in Wisconsin

If you have any questions about cash bail in Wisconsin, are concerned that the bail amount assessed to you is unreasonable based on the charges, or are concerned about the conditions of your bail, contact a criminal defense attorney at Eisenberg Law Offices in Madison for advice.

Our attorneys are skilled professionals who will advocate for your best interests, whether it is bail amounts, the charges against you, case defense, or appeals. We can also help you navigate the paperwork associated with criminal charges and convictions so you can fully understand your legal situation.

Call Eisenberg Law Offices at 608-256-8356 to arrange a free consultation today.