The trial begins with the jury selection. Attorneys
for both asides are allowed to question prospective jurors about their
possible biases, prejudices, knowledge of the case on trial, and other
mattes relevant to sitting on a jury. Twleve people are selected and
sworn in as jurors, often along with one or more alternates.
The state begins by offering its evidence and witnesses
in what is called its Case in Chief" or Direct Case".
The defense has the opportunity to test and poke holes
in that evidence, through cross-examination (or questioning) of the
States witnesses.
When the state has produced all evidence it wishes to
offer in its direct case, the State rests."
Once the State has rested, the defense may ask the court
for dismissal based on lack of any evidence. This request is rarely
granted in any court.
The defense may then offer evidence and testimony, but
is not required to do so.
As part of any defense case, the accused defendant may
decide to testify in his support of his own defense, but he may not
be forced to do so.
The state and defense may then each offer rebuttal"
testimony attacking the other sides evidence.
After any rebuttal evidence, the case - and the evidence
- is closed.
At that time, the defense may once again ask the judge
to dismiss or throw out" one or all charges , this time on
the ground that there is not enough credible evidence to support a guilty
verdict.
Upon the close of the case, each party then submits
requests for written jury instructions" to be given to the
jury, which set out an accurate summary of the applicable law as well
as the things that the jury must determine beyond a reasonable doubt
before it can return a verdict of guilty.
The court reviews these jury instructions, and decides
which should or should not be used.
The court usually reads most of these to the jury before
the two sides then make their closing arguments.
Each side then makes its closing argument, or summation",
to the jury. In Wisconsin, the State gives the initial closing summation.
The defense then gets to make a closing argument, after which the prosecutor
has the final word.
If the defense makes no closing argument, or a very,
brief, general one, the State may not be allowed to give as second closing
argument afterwards.
Additional, alternate jurors are either removed and asked
to remain in the event of the illness of a deliberating juror, or alternatively,
they are dismissed from the jury and sent on their way.
The jury is instructed on how to conduct their deliberations
and how to select their foreman (or presiding juror).
The jury then goes into a separate room, to undertake
its deliberations. They are given a copy of the written jury instructions,
and also allowed access to most exhibits introduced into evidence at
trial.
When the jury has reach a unanimous verdict (and they
must all agree on a verdict or no verdict can be returned), it notifies
the court in writing, and they are brought back into open court to announce
that verdict.
After the verdict is announced, the judge usually polls
the jury" by asking each juror to affirm the verricrt as his or
her own.
After accepting the verdicts, the court usually dismisses
the jurors with thanks, and then releases them.
The court then enters judgment on the returned verdicts.
If the jury cannot reach a unanimous verdict on one or
more counts, the judge can also grant a mistrial on the basis of a hung"
jury, and trhen inquire if the prosecutor will retry the case.
Depending on the verdict and several other factors, the
defendant is either released outright, released on bond pending sentencing,
or remanded into custody, in anticipation of a sentencing Date.
Information about the office location of Van Wagner &
Wood, the areas of law in which they most frequently represent people,
and the cities and counties where Attorney Chris Van Wagner & Attorney
Tracey Wood most frequently appear are listed below. If you reside outside
of these areas, you may want to call the attorneys at Van Wagner & Wood
to ask if they can help you through representing you or referring you
to a lawyer they know.
Offices of Van Wagner & Wood
Van Wagner & Wood's office is located at Martin Luther
King, Jr. Blvd. and Doty Street. 10 East Doty is located on the outside
of the first circle surrounding the capitol building. You can park under
the building by entering the parking lot from Doty Street. If you park
under 10 East Doty, the offices of Van Wagner & Wood will validate
your parking ticket so that you do not have to pay to park. If the parking
ramp is full, there are numerous parking places surrounding 10 East Doty,
as well as a public parking ramp on State street.
Appeals & Serious Crimes - Homicide - Murder
Van Wagner & Wood's criminal defense lawyers handle
appeals to both the Appellate Court and the Supreme Court, as well as
both state and Federal court systems for people convicted of a crime who
believe their conviction or sentence were wrong. Most often, the appeals
that they handle are to federal court because very few attorneys handle
these types of appeals; Attorney Chris Van Wagner was a US Attorney in
Wisconsin before entering private practice. Often times, people from across
the United States hire Attorney Van Wagner for a Federal or a state appeal
for serious crimes including homicide, RICO (Racketeering), felony murder,
negligent homicide, vehicular homicide, or sexual assault. Attorney Tracey
Wood handles appeals to Wisconsin State Court of Appeals and Wisconsin
Supreme Court for charges or convictions stemming from a Wisconsin trial.
Federal Crimes
Former Federal prosecutor, Attorney Chris Van Wagner,
handles Federal cases, which includes Federal drug crimes and other Federal
criminal charges.
Drug Crimes
The criminal defense attorneys at Van Wagner & Wood
handle cases involving drug offenses in which the accusation is made by
either a state or a Federal prosecutor, arrests by state officials or
Federal agents, and other drug cases such as those handled by the DEA.
Van Wagner & Wood's criminal defense lawyers represent
people located across the state of Wisconsin in matters involving state
drug charges including the following counties and cities.
Adams (Adams, Wisconsin Dells), Ashland (Ashland), Barron
(Barron), Bayfield (Washburn, Bayfield), Buffalo (Buffalo City, Mondovi),
Burnett (Siren), Chippewa (Chippewa Falls), Clark (Abbotsford), Columbia
(Columbus), Crawford (Prairie du Chien), Dane (Belleville, Black Earth,
Blue Mounds, Brooklyn, Cambridge, Cottage Grove, Cross Plains, Dane, Deerfield,
DeForest, Fitchburg, McFarland, Madison, Maple Bluff, Marshall, Mazomanie,
Middleton, Monona, Mount Horeb, Oregon, Rockdale, Shorewood Hills, Stoughton,
Sun Prairie, Verona, Waunakee, Windsor), Douglas (Superior), Dunn (Menomonie),
Eau Claire (Abbotsford, Eau Claire), Grant (Mount Hope, Lancaster, Fennimore),
Green (Monroe), Iowa (Mineral Point, Dodgeville), Jackson (Black River
Falls), Jefferson (Jefferson), Juneau (Mauston), La Crosse (LaCrosse,
Lafayette, Darlington), Marathon (Wausau), Monroe (Sparta), Pepin (Durand),
Pierce (River Falls), Polk (St Croix Falls), Portage (Stevens Point),
Price (Park Falls), Richland (Richland Center), Rock (Janesville), Rusk
(Ladysmith), St Croix (Hudson), Sauk (Sauk City), Taylor (Medford), Trempealeau
(Whitehall), Washburn (Spooner), and Wood (Wisconsin Dells) counties.
Drunk Driving (OWI, DUI, DWI)
Wisconsin's foremost authority on drunk driving laws,
Attorney Tracey Wood, consults with lawyers and law firms throughout the
United States to help them build successful strategies for very complex
cases. In Wisconsin, Attorney Wood most frequently represents people located
in the following areas.
Madison (Dane County), Richland Center (Richland County),
La Crosse (La Crosse County), Jefferson (Jefferson County), Wisconsin
Dells (Columbia County and Sauk County), Stevens Point (Portage County),
Dodgeville and Mineral Point (Iowa County), Portage (Columbia County)
and Montello (Marquette County).
Sexual Assault & Sex Crimes
Van Wagner & Wood's attorneys represent people in
matters involving sex crimes such as sexual assault, aggravated assault,
computer crimes involving pornography, child pornography, and solicitation.
Their clients often reside in the following areas.
Dane (Madison, Middleton, Monona, Fitchburg), Green (Monroe),
Lafayette (Darlington), Dodge (Beaver Dam, Waupun), Portage (Stevens Point),
Wood (Wisconsin Rapids), Sauk (Wisconsin Dells), Columbia (Columbus),
Richland (Richland Center) and Juneau (Mauston) area.