What Happens When You Are Arrested for Murder?

Imagine waking up one morning to find yourself arrested for something as grave as murder. The weight of that reality presses against you, and suddenly everything you thought you understood about life—about yourself—feels distant, as though you’re watching your own story unfold from some detached vantage point.

In Wisconsin, if you find yourself facing murder charges, the path ahead is not one you can walk alone. It’s a cold and complicated system, where decisions are made swiftly, and every step you take can either bring you closer to freedom or to a fate that might forever alter your life. Let’s take a moment to explore what happens when the unthinkable becomes your reality.

1) Arrest & Booking

When law enforcement arrests you for murder in Wisconsin, they will take you into custody and transport you to jail for booking. This process involves several key steps:

1. Identification & Processing: Officers will record your personal information, including your full name, date of birth, and any distinguishing features. They will also take fingerprints and a mugshot, which becomes part of your criminal record.

2. Search & Property Confiscation: Law enforcement will conduct a full-body search to check for weapons, contraband, or evidence. Any personal belongings, including your phone, wallet, and jewelry, will be confiscated and logged.

3. Interrogation & Your Rights: Officers may attempt to question you about the crime, but you are not legally required to answer. Under the Fifth Amendment, you have the right to remain silent and avoid self-incrimination. You should clearly state that you want an attorney before answering any questions. If you cannot afford one, the court will appoint a public defender to represent you.

4. Holding & Initial Detention: After processing, you will be placed in a holding cell until your initial court appearance. Depending on the circumstances, you may be kept in a county jail or a detention facility while awaiting further legal proceedings.

2) Initial Appearance & Bail Hearing

Within 48 hours of your arrest, you will appear before a Wisconsin judge for your initial appearance. This is your first formal court proceeding, where the judge ensures you understand the charges against you and determines whether you will be granted bail or remain in custody.

• Judge’s Role & Reading of Charges: The judge will formally state the criminal charges filed against you, including the specific degree of homicide you are accused of. You are not required to enter a plea at this stage, but this hearing sets the stage for the legal process ahead.

• Bail Considerations & Denial for Murder Cases: The judge will decide whether to grant bail, which allows for release while awaiting trial. However, in murder cases, bail is often denied due to the severity of the charge and concerns about flight risk or public safety. If bail is considered, it will likely be set at a high amount, and conditions such as house arrest or electronic monitoring may apply.

• Right to Legal Representation: If you do not have an attorney, the judge will ask if you need one. If you cannot afford a lawyer, the court will appoint a public defender to represent you. This step is critical, as having legal representation early can shape your defense strategy moving forward.

If bail is denied, you will remain in custody until your next court appearance, making it even more important to work closely with your attorney to prepare for the upcoming legal proceedings.

3) Charging & Arraignment

After your initial appearance, the District Attorney (DA) reviews the evidence to determine the formal charges against you.  The charge the DA pursues will significantly impact the penalties you face.

(I) How the DA Decides Charges  

The DA examines police reports, witness statements, forensic evidence, and motives to decide whether to file a formal homicide charge. If the evidence is weak, the DA may reduce the charge or even drop it. If the case is strong, they will file one of Wisconsin’s homicide charges, such as:

• First-Degree Intentional Homicide: The most serious charge, requiring proof that the killing was premeditated or intentional (Class A felony, life imprisonment).

• Second-degree Intentional Homicide: Similar to first-degree but with mitigating circumstances, such as provocation (Class B felony, up to 60 years in prison).

• First-Degree Reckless Homicide: Charged when a person causes death through reckless conduct that shows utter disregard for life (Class B felony, up to 60 years in prison).

• Felony Murder: Applies when a death occurs during the commission of certain felonies, such as robbery (sentence based on the underlying felony plus up to 15 years).

(II) Arraignment & Entering a Plea

Once the DA files a charge, you will attend an arraignment hearing, where the judge will read the formal charges against you. You will then be required to enter a plea:

• Guilty – You admit to the charges, and the case moves directly to sentencing.

• Not Guilty – You deny the charges, and the case proceeds to pretrial motions and trial.

• No Contest – You do not admit guilt but accept the conviction (often used in plea deals).

If you plead not guilty, your attorney will begin building your defense, negotiating with the prosecution, and exploring legal strategies to fight the charges.

4) Pretrial Process

After arraignment, your case enters the pretrial phase, where your defense attorney plays a crucial role in investigating the charges, challenging the prosecution’s evidence, and exploring legal strategies to strengthen your defense.

• Defense Attorney’s Role: Your attorney will identify weaknesses in the prosecution’s case and build a defense strategy. This may include challenging witness statements, questioning forensic evidence, or establishing an alibi.

• Discovery Process: Both sides exchange evidence in a process called discovery. Your attorney will review police reports, witness testimony, forensic results, and surveillance footage to determine if there are inconsistencies or constitutional violations in the investigation. The prosecution must turn over any exculpatory evidence—information that could prove your innocence.

• Filing Motions to Strengthen Your Defense: Your attorney may file legal motions to challenge the prosecution’s case, such as:

  • Motion to Suppress Evidence: If evidence was obtained illegally (e.g., through an unlawful search or improper interrogation), your lawyer can ask the judge to exclude it from trial.

  • Motion to Dismiss Charges: If the prosecution lacks sufficient evidence, your attorney can push to have the charges dropped before trial.

  • Motion to Change Venue: If pretrial publicity could prevent a fair trial, your attorney may request to move the case to a different county.

• Plea Bargaining: In some cases, the prosecution may offer a plea deal to avoid trial. This typically involves pleading guilty to a lesser charge in exchange for a reduced sentence. Your attorney will weigh the pros and cons and advise whether accepting a deal is in your best interest.

5) Trial Process

If your case goes to trial, both the prosecution and defense will present their arguments before a judge and jury. Here’s the breakdown of the trial process, which follows a structured format under Wisconsin law: 

     (I) Jury Selection & Trial Preparation 

Before the trial begins, your attorney and the prosecution will go through jury selection (voir dire). Both sides will question potential jurors to ensure they can be fair and impartial. Any juror with bias or a conflict of interest can be removed. Meanwhile, your defense team will finalize strategy, prepare witnesses, and anticipate the prosecution’s arguments.

    (II) Courtroom Proceedings

 The trial itself follows a clear structure:

• Opening Statements: Both the prosecution and defense present their version of events, outlining what they intend to prove.

• Presentation of Evidence: The prosecution goes first, presenting physical evidence, expert testimony, and witness statements to build their case. Your attorney will have the opportunity to cross-examine witnesses and challenge evidence.

• Defense Case: Your attorney may present their own evidence, witnesses, or expert testimony to counter the prosecution’s arguments. In some cases, you may be advised to testify in your own defense, though this is not required.

   (III) Closing Arguments & Jury Deliberation 

After both sides have presented their case, they give closing arguments—final attempts to persuade the jury. The judge will then instruct the jury on the legal standards they must follow before sending them to deliberate.

   (IV) Verdict Requirements

In Wisconsin, a criminal conviction requires a unanimous jury decision. If all jurors agree on guilt, the judge will move to sentencing. If they unanimously found not guilty, you are acquitted and free to go. If the jury cannot agree, the judge may declare a mistrial, potentially leading to a retrial.

However, at trial, the prosecution must prove your guilt beyond a reasonable doubt. A strong defense can challenge flawed evidence, unreliable testimony, or legal errors, making this stage one of the most critical moments in your case.

6) Sentencing (If Convicted)

If you are convicted of homicide in Wisconsin, the judge will determine your sentence based on state sentencing laws, the severity of the offense, and any aggravating or mitigating factors. 

    (I) How Wisconsin’s Homicide Laws Determine Sentencing 

Wisconsin classifies homicide offenses based on intent, recklessness, and circumstances. The judge considers factors such as premeditation, prior criminal history, and the impact on victims when deciding your sentence. Unlike some states, Wisconsin does not have the death penalty, so the harshest punishment is life imprisonment, with or without the possibility of parole. If sentenced to life, your eligibility for parole depends on the specific homicide charge and judicial discretion at sentencing.

    (II) Life Imprisonment for First-Degree Intentional Homicide 

If convicted of first-degree intentional homicide (Class A felony), the sentence is mandatory life in prison. However, the judge may allow for parole eligibility after a set number of years, or they may rule that you will spend the rest of your life behind bars without the possibility of release.

    (III) Sentencing for Other Homicide Charges 

If convicted of a lesser homicide charge, your sentence will vary:

• Second-degree Intentional Homicide (Class B Felony): Up to 60 years in prison

• First-Degree Reckless Homicide (Class B Felony): Up to 60 years in prison

• Second-Degree Reckless Homicide (Class D Felony): Up to 25 years in prison and fines up to $100,000

• Felony Murder: The penalties for felony murder are serious and can also include life imprisonment. The sentence depends on the underlying felony plus up to 15 extra years. 

7) Appeals & Post-Conviction Options

A conviction doesn’t always mean the case is over. If legal errors occurred during your trial, you may have the right to file an appeal or seek post-conviction relief. 

    (I) Filing an Appeal for Trial Errors 

If your attorney believes your trial was unfair due to legal mistakes, they can file an appeal with the Wisconsin Court of Appeals. Common appeal grounds include:

• Errors in jury instructions that misrepresented the law.

• Incorrect rulings on evidence, such as admitting illegally obtained statements.

• Ineffective assistance of counsel, if your defense attorney failed to provide competent representation.

• Prosecutorial misconduct, such as improper arguments or withholding exculpatory evidence.

Remember, If the appellate court finds that a legal error affected the outcome, they may overturn the conviction, order a new trial, or modify the sentence.

    (II) Possibility of Sentence Modifications 

Even if an appeal isn’t successful, you may still seek a sentence modification in specific cases. For example:

• New evidence emerges that could impact sentencing

• Changes in law that retroactively reduce penalties

• Compelling personal circumstances, such as deteriorating health or rehabilitation efforts

Wisconsin Murder Arrest? Trust Milwaukee Legal Pros for Guidance

A murder arrest is life-changing, and every decision you make from the moment you're taken into custody can impact your future. Without experienced legal representation, you risk facing the full force of the legal system alone.

• Protecting Your Rights from Day One: From the initial arrest to trial, we ensure your constitutional rights are upheld, preventing unlawful interrogations and procedural missteps that could harm your case.

• Strategic Defense Planning: Every murder case is unique. We analyze the evidence, challenge weaknesses in the prosecution’s case, and explore all possible defense strategies to protect your freedom.

• Bail and Pretrial Advocacy: Securing pretrial release in a murder case is difficult but not impossible. We’ll fight for fair bail terms and work tirelessly to build a strong defense from the start, preventing additional future consequences. 

• Stronger Courtroom Representation: Whether negotiating a plea deal or taking your case to trial, we advocate fiercely on your behalf, ensuring you have the best possible defense against the charges.

• Post-Conviction Appeals and Sentence Modifications: If you've been convicted, our work isn’t over. We explore every legal avenue for appeals, sentencing adjustments, or post-conviction relief to fight for your future.

Don’t let a murder charge define your life or shape your future. Let Milwaukee Legal Pros fight for your rights with relentless advocacy and strategic defense. Contact us today for the legal support you need.