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After a Shooting: The Legal Process Begins

You’re out of custody, but you’re not out of the woods. You won’t have your firearm, and there may be some bond conditions. The cops are confident enough to let you out of custody. This is a good sign — but you may need to go back in to give another statement.

Don’t Go It Alone — Call an Attorney!

Call your attorney first! You have not failed to give them certain details. They are calling to look at you. It’s important to know that there may be a time gap depending on the schedules of the responding officers or district attorneys.

If the prosecutor decides to file charges, the legal process begins with intake court. This is where you will learn your state statutes. The basic details — who, what, where, when, why — will be laid out, and the judge will decide if it goes to trial. This initial appearance will just be to determine bail and probable cause and to formally charge you.

What Is Your Attorney Up To?

After step one, your attorney may not have immediate access to the evidence. He or she will be filing paperwork in order to receive the evidence. The court will have a “reasonable amount of time” to produce this.

In the meantime, you may have several court dates every three to six weeks. Hopefully, though, the judge will be giving you and your attorney time to sort through your defense. A relatively easy case can last up to seven months. A felony case can last seven to 14 months. Generally, the defense wants more time to work through the details and give the bad guy a chance to slip up.

Next week we will talk about the dramatic jury trial.

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About Attorney Tom Grieve

Tom Grieve is a highly awarded former state prosecutor who started Grieve Law, LLC, which is now one of the largest criminal defense firms in Wisconsin. He is respected as one of the top criminal defense lawyers in the state and has developed a nuanced understanding of Wisconsin firearms laws throughout his years of experience. Although Tom’s legal background speaks for itself, he has gone above and beyond the call of duty, receiving his certification as a firearms instructor, participating as a regular speaker and panelist with the USCCA for live broadcasts, training videos and national expos, and even serving as a speaker and analyst on numerous radio stations, television stations, and both college and law school campuses.

About Kevin Michalowski

Kevin Michalowski is executive editor of Concealed Carry Magazine and a fully certified law enforcement officer working part time in rural Wisconsin. He is a USCCA and NRA Certified Trainer. Kevin has attended training across the U.S. as both a student and an instructor in multiple disciplines. These specialties include pistol, rifle, shotgun, empty-hand defense and rapid response to the active shooter.


The information contained on this website is provided as a service to USCCA, Inc. Members and the concealed carry community and does not constitute legal advice. Although we attempt to address all areas of concealed carry laws in all states, we make no claims, representations, warranties, promises or guarantees as to the accuracy, completeness or adequacy of the information disclosed. Legal advice must always be tailored to the individual facts and circumstances of each individual case. Laws are constantly changing, and, as such, nothing contained on this website should be used as a substitute for the advice of a lawyer for a specific case.

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