Bail After An Arrest
Wis. Stat. 969.01 — release before conviction on reasonable conditions, and on a misdemeanor, bail no higher than the maximum fine
Before conviction, a person arrested for a criminal offense is eligible for release under reasonable conditions designed to assure appearance in court, protect members of the community from serious harm, and prevent the intimidation of witnesses.
When bail can be set. Bail may be imposed only on a finding that there is a reasonable basis to believe it is necessary to assure the person's appearance in court, or, for a person accused of a violent crime, a reasonable basis to believe it is necessary based on the totality of the circumstances. Bail imposed only to assure appearance is set only in the amount found necessary for that. Bail imposed on the violent crime finding may not be excessive.
Among what the court considers: the person's ability to give bail, the nature, number and gravity of the offenses and the potential penalty, whether the acts were violent, the person's record, character, health, residence and reputation, the strength of the evidence, whether the person is on probation, parole or bail in another case, any past forfeited bail or violated conditions, and the policy against unnecessary detention before trial.
On a misdemeanor or a felony, the judge may release the person without bail or on an unsecured appearance bond, or require a bond with sureties or a cash deposit, and may add conditions such as supervision by a designated person, limits on travel, association or residence, or a ban on possessing a dangerous weapon. On a misdemeanor, bail may not exceed the maximum fine for the offense. In every case, a released person may not commit any crime.
If the case is dismissed or the person is acquitted, the entire cash deposit is returned to whoever made it. On a conviction, the deposit, less bond costs, goes first to any restitution and then to the judgment.
Sources for this section (3)
- Wis. Stat. 969.01 — Eligibility for release
- Wis. Stat. 969.02 — Release of defendants charged with misdemeanors
- Wis. Stat. 969.03 — Release of defendants charged with felonies
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.