In Wisconsin, bail jumping does not only mean missing court. Under Wisconsin Statute § 946.49, it generally involves intentionally failing to comply with a condition of release after being released from custody under Wisconsin’s bail law. Depending on the release conditions, an allegation may involve missing court, contacting a person protected by a no-contact condition, possessing a prohibited weapon, or violating another specific condition of release.
At Schiro Criminal Defense, we help Milwaukee area clients understand exactly what they're being accused of when they're charged with bail jumping and how to build an effective defense. If you've been charged with bail jumping, call (414) 277-9696 to speak with our team.
What Does Bail Jumping Mean in Wisconsin?
When you're released on bond, whether after an arrest or during an ongoing case, a court generally imposes specific conditions you're required to follow while your case is pending.
Bail jumping occurs when you intentionally fail to comply with one of these conditions, and it's charged as its own separate offense, independent of whatever underlying case led to the original bond.
Bond Conditions That Can Lead to a Bail Jumping Charge
Conditions of release vary by case. Examples of conditions that may support a bail jumping allegation if intentionally violated include:
- A no-contact order prohibiting communication with a specific person
- A requirement to appear at all scheduled court dates
- Restrictions on traveling outside a certain geographic area
- A prohibition on possessing firearms or other weapons
- A requirement to avoid certain locations
- A general requirement to avoid committing any new criminal offense while the case is pending
What Can Lead to a Bail Jumping Charge?
A bail jumping charge can arise from any alleged violation of your specific bond conditions, regardless of how minor the violation might seem to you at the time.
For example, if a release order prohibits contact with a particular person, a text message, phone call, social-media message, or third-party communication may lead to an allegation that the condition was intentionally violated. The facts, wording of the order, and circumstances of the contact can all matter.
Can You Be Charged With Bail Jumping Without Committing a New Crime?
Yes. Bail jumping doesn't require that you commit a new criminal offense. Simply violating a specific bond condition, such as missing a court date, contacting a protected person, or traveling outside an approved area, can support a bail jumping charge on its own, even if no other law was broken in the process.
What Does the State Have to Prove for Bail Jumping?
To obtain a conviction for bail jumping, the prosecution generally must prove beyond a reasonable doubt that:
- The person was released from custody subject to bond or other conditions of release in a criminal case.
- A specific condition of release applied to that person.
- The person intentionally failed to comply with that condition.
The state must prove an intentional violation. A genuine mistake, misunderstanding, lack of notice, or circumstances outside the person’s control may be relevant to the defense, depending on the facts of the case.
What Are the Penalties for Bail Jumping in Wisconsin?
In Wisconsin, the level of a bail jumping charge generally depends on whether the underlying offense connected to the person’s release was a misdemeanor or a felony. Bail jumping is a separate offense, so a conviction can result in penalties in addition to any penalties imposed in the underlying criminal case.
Misdemeanor Bail Jumping Penalties
When the underlying charge is a misdemeanor, an alleged intentional violation of a bond condition is generally charged as a Class A misdemeanor. A conviction may carry:
- Up to 9 months in jail
- A fine of up to $10,000
- Or both jail time and a fine
Felony Bail Jumping Penalties
When the underlying charge is a felony, an alleged intentional violation of a bond condition is generally charged as a Class H felony. A conviction may carry:
- Up to 6 years in prison
- A fine of up to $10,000
- Or both prison time and a fine
Because bail jumping is a separate charge, the disposition of the underlying case does not necessarily resolve the bail jumping allegation. The state must still prove the elements of bail jumping beyond a reasonable doubt.
How a Lawyer May Defend Against a Bail Jumping Charge
A defense strategy depends on the facts of the case, the language of the release order, and the available evidence. Depending on the circumstances, the defense may challenge whether a condition applied, whether an alleged violation occurred, whether the conduct was intentional, whether the person had adequate notice of the condition, or whether the state can reliably prove its case.
What Should You Do If You Are Charged With Bail Jumping?
- Read and follow every condition in your release order.
- Avoid further contact with anyone covered by a no-contact condition, unless the court changes that condition.
- Write down your recollection of the events, including dates, times, messages, witnesses, and any circumstances that affected your ability to comply.
- Preserve relevant texts, call logs, location information, court notices, and other records. Do not alter or delete evidence.
- Attend all scheduled court appearances.
- Speak with a criminal defense lawyer promptly before discussing the allegations with law enforcement or prosecutors.
Schiro Criminal Defense can review the release conditions, the state’s allegations, and potential defenses. Call (414) 277-9696 to discuss your situation.
How Schiro Criminal Defense Can Help With a Bail Jumping Charge
At Schiro Criminal Defense, Attorney John Schiro brings more than 40 years of legal experience to criminal defense cases in the Milwaukee area. He takes time to understand each client’s circumstances, explain the process clearly, and develop a defense strategy tailored to the facts of the case. His familiarity with local criminal courts and procedures helps clients navigate a difficult and often stressful process.
A bail jumping allegation can add a separate charge and new potential penalties to an already serious criminal case. Schiro Criminal Defense can review the allegations, explain your options, and fight to protect your rights. Contact us at (414) 277-9696 to discuss your case.
