How Are Wisconsin Cash Bail Reforms Progressing?

 Posted on September 09, 2024 in Criminal Defense

A person in Wisconsin charged with a crime and in need of a strong criminal defense may be unsure of how recent changes to bail laws will affect his or her ability to meet bail requirements. A 2023 change to the Wisconsin state constitution created a fundamental shift in how judges in the state set bail. Prior to this change, a judge was only allowed to set a specific dollar amount for bail in an amount sufficient to ensure the defendant would return for trial.

The change allows judges to consider whether the defendant is a threat to the community when setting bail. Judges can also consider prior violent crimes committed by defendants. Those against the change to the constitution say there is already a mechanism in place for judges to keep the public safe: release conditions. Release conditions can include curfews, GPS monitoring, or regular check-ins with pretrial services. 

More than a year later, criminal justice advocates argue that this cash bail constitutional amendment – which was approved by voters – suffered from procedural flaws that should have invalidated it. Submission deadlines may not have been properly met, and the ballot questions were not sent to the correct election officials. An effort to stop the 2023 vote was rejected, with the judge stating there was no irreparable harm if the measures were not blocked.

Since the constitutional amendments were approved with 68 percent support, it is unlikely the changes will be overturned. If you have been charged with a criminal offense and are unsure of where to turn, it is imperative that you speak to a knowledgeable Waukesha, WI criminal defense attorney from Bucher, Wolff & Sonderhouse, LLP.

Perspectives on Wisconsin Cash Bail Reforms

In Wisconsin and across the United States, advocates for cash bail reform argue that there is significant wealth inequality regarding pretrial detention. Cash bail can disproportionately affect low-income individuals who are unable to afford bail. Critics of cash bail reform believe public safety is jeopardized when those accused of serious criminal offenses are released with no bond.

While many states, including Florida, believe the cash bail system works as it should, research indicates that there is no correlation between cash bail reform and increased criminal activity. The cash bail reform issue has turned political, with most Republicans arguing against it and Democrats arguing in favor of it.

In Wisconsin, one case stands out for those on both sides of the issue. Six individuals were killed after a man out on a $1,000 cash bail drove his SUV into a Milwaukee parade. Because the man was out on charges of domestic violence, proponents of cash bail reform who are pleased with the changes to the Wisconsin constitution point to this specific case. Those against cash bail reform believe there are other mechanisms in place that could have prevented this tragedy.  

What Are the Current Cash Bail Laws in Wisconsin?

The current bail statutes in Wisconsin cover all issues related to bond and bail. Essentially, the basic rules regarding cash bail in Wisconsin state:

• Bail is determined during an arraignment or bail hearing. The judge considers the charges, any prior convictions, and whether the defendant is a threat to the community.

• There is no set amount for bail in the state; the judge has considerable latitude in determining the amount of bail.

• A person who is refused bail or faces cash bail that is too high to pay will remain in jail until the trial.

• If the cash bail is affordable for the defendant, he or she may have certain restrictions that must be followed once released.    

Contact a Milwaukee County, WI Criminal Defense Attorney

If you are facing criminal charges, you are likely confused and anxious about your future. A Milwaukee, WI criminal defense attorney from Bucher, Wolff & Sonderhouse, LLP can make a significant difference in the outcome of your charges. Our attorneys will aggressively fight for you, your rights, and your freedom. We are available seven days a week, 24 hours a day. Contact Bucher, Wolff & Sonderhouse, LLP at 262-232-6699 to schedule your free consultation.