It wasn\u2019t long after Darrell Brooks drove through the Christmas parade in downtown Waukesha on Nov. 21 that his previous troubles with the law came to light.<\/p>\n<\/div>\n
And it was about that same time when what Milwaukee County District Attorney John Chisholm admitted was a \u201cridiculously low\u201d bail was set for Brooks in a previously violent case.<\/p>\n<\/div>\n
That amount, $1,000, in a case where Brooks is accused of running over a woman with the same vehicle he used in the Christmas parade attack, was posted less than a week before and the man, now accused of killing six and injuring dozens more, was a free man.<\/p>\n<\/div>\n
Chisholm has been under fire since, with many state lawmakers calling for his removal from the post he has held since 2007. Where that leads to down the road is something that likely will play out in the weeks and months ahead.<\/p>\n<\/div>\n
The controversy around the low cash bail, which Chisholm said was recommended by an overworked and inexperienced prosecutor, has led to many questions about how bail is set and what parameters district attorneys and court commissioners must follow.<\/p>\n<\/div>\n
People are also reading\u2026<\/h3>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n\nBail differs from bond, as the former is the cash or amount required to allow a defendant\u2019s release from custody, while the latter includes any number of non-monetary conditions such as no-contact orders and prohibitions from possessing weapons and consuming drugs and\/or alcohol.<\/p>\n<\/div>\n
\nA signature bond is another option for a commissioner, and that ultimately services as a \u201cpromise\u201d by the defendant to abide by conditions or they may be required to post the amount of cash equal to what was imposed on the signature bond.<\/p>\n<\/div>\n
The process<\/h3>\n<\/p>\n\nKenosha County District Attorney Mike Graveley and Kenosha County Circuit Court Commissioner Larry Keating both said they wouldn\u2019t comment on the specifics of the Brooks\u2019 case, but did offer a glimpse into the bail\/bond process.<\/p>\n<\/div>\n
\n\u201cWe start with the seriousness of the offense charged,\u201d Graveley said. \u201cWe are looking at whether the offense is an assaultive or violent offense, we\u2019re looking at what the maximum penalties are, we are looking at whether the offense itself shows opposition to authority or rules that would make a bond a poor risk.\u201d<\/p>\n<\/div>\n
\nCommunity ties also are a factor, both Graveley and Keating said, in deciding if a defendant is likely to continue making their scheduled court appearances.<\/p>\n<\/div>\n
\n\u201cThat doesn\u2019t mean that someone who doesn\u2019t live in the county of Kenosha or the state of the Wisconsin won\u2019t return to court, but it is a factor,\u201d Keating said. \u201cAll these factors, you have to balance. I think it\u2019s important to do that.\u201d<\/p>\n<\/div>\n
Considerations<\/h3>\n<\/p>\n\nKeating, a former police officer and detective in Kenosha for 20 years and then a private criminal defense attorney before he replaced former Commissioner David Berman, said he reads every criminal complaint that lands on his desk in preparation for the daily intake call that happens at 1 p.m.<\/p>\n<\/div>\n
\nHaving all the information in front of him is paramount in making bail and bond decisions, he said.<\/p>\n<\/div>\n
\n\u201cEveryone is presumed innocent, so these are just allegations at the state that bond is set,\u201d Keating said. \u201cNonetheless, a very, very strong factor that I take into account is public safety.\u201d<\/p>\n<\/div>\n
\nCases that involve alleged illegal gun activity and high-speed pursuits are two instances that Keating often will take an even harder look at when it comes to setting bail.<\/p>\n<\/div>\n
\nBoth fall into that category of protecting the public, which is paramount.<\/p>\n<\/div>\n
\n\u201cI do not take kindly to alleged unlawful use of firearms,\u201d Keating said. \u201cI spent 20 years in law enforcement; I\u2019m very familiar with firearms, I\u2019m not anti-firearms. I own firearms. I\u2019m a \u2018Second Amendment\u2019 guy, so to speak.<\/p>\n<\/div>\n
\n\u201cBut the unlawful use, I think weapons, firearms in particular, the destruction brought by individuals who use those firearms in an illegal manner has wreaked havoc across this nation in all areas, but especially urban areas. Gun calls are up hundreds of percent in this town alone.\u201d<\/p>\n<\/div>\n
\nHigh-speed chases fall into a similar category, Keating said.<\/p>\n<\/div>\n
\n\u201c(Those) put not only themselves, but the passengers in the cars at great risk, and the public at a tremendous risk,\u201d he said. \u201cBecause you\u2019re turning your car into a 4,000-pound missile rocketing through crowded urban streets with other traffic.\u201d<\/p>\n<\/div>\n
\nAnd there are many times when a victim will ask Keating for a lower cash bail, and while he takes those statements into account, everything in his decision-making process goes back to keeping the public as a whole safe.<\/p>\n<\/div>\n
\n\u201cPart of setting a bond itself involves getting as much information as you can get to help you and you can rely on in setting a bond that is appropriate,\u201d he said. \u201cI try very hard. My goal is to get it right every time, but I\u2019m human. If it needs to be corrected at a later date by me, I will do so, but my overwhelming goal is to get it right the first time, every time.\u201d<\/p>\n<\/div>\n
\nShould a motion come before the court to adjust the bond, it can be looked at after the fact, Keating said. Circuit Court judges also have the authority to make any adjustment they see fit.<\/p>\n<\/div>\n
\n\u201cThey can change it, and the way I look at it, that\u2019s their job, is oversight,\u201d Keating said. \u201cI have no problem ever with a judge changing what I have done. Many times, too, a case will develop with more information later that wasn\u2019t available at the time of the initial appearance. All of that is relevant.\u201d<\/p>\n<\/div>\n
\u2018Seriousness of priors\u2019<\/h3>\n<\/p>\n\nA defendant\u2019s prior record is a key component of what bail the prosecuting attorney will recommend, Graveley said.<\/p>\n<\/div>\n
\n\u201cWe\u2019re also then looking at the seriousness of the priors, the number of priors, what have been the outcome of those prior cases, whether they show any rule violation or the inability to comply with rules, whether those are violent, also suggesting that protection of the public in this new offense needs to be a priority.\u201d<\/p>\n<\/div>\n
\nIn its most simple terms, the bail\/bond is a guarantee that a defendant will make all future court appearances, but it can\u2019t be used in a punitive fashion.<\/p>\n<\/div>\n
\nAnd that\u2019s one fact that some seem to forget.<\/p>\n<\/div>\n
\n\u201cThe statute is very clear,\u201d Graveley said. \u201cBond is to be set an amount that will guarantee your appearance in court. … You can\u2019t have your bond be your sentence. The bond is essentially set to make sure a person will be back in court and (has) a community safety consideration as well.\u201d<\/p>\n<\/div>\n
\nWisconsin also is not a \u201c10% state\u201d when it comes to bail, which means defendants must post the entire cash amount set by the commissioner during their initial appearance. Just to the south, Illinois not only is a \u201c10% state,\u201d but also a \u201cno-bond\u201d state, Keating said.<\/p>\n<\/div>\n
\n\u201c(In Illinois), if the face value is $100,000, a person can post 10% of that or $10,000 and be released,\u201d he said. \u201cWhatever I set (here) is dollar for dollar, here in Wisconsin.\u201d<\/p>\n<\/div>\n
\nProsecutors on the staff have latitude to argue for the bail they feel is required in any particular case, Graveley said, and that number could change again once the case ends up in the intake court, where the bail is set at a defendant\u2019s initial appearance.<\/p>\n<\/div>\n
\n\u201cWhat typically will happen for us is the prosecutor who charges the case will make some recommendation because they are the one who has most thoroughly considered the case,\u201d Graveley said. \u201cThen the intake attorney takes that information and uses it, but also hears out what is going to be said in court (along with) all the other circumstances that might develop in a courtroom.\u201d<\/p>\n<\/div>\n
\nGraveley said there normally isn\u2019t any \u201cstaff-level\u201d discussions that happen on a daily basis when it comes to requesting a bond, but there may be some dialogue among the staff on a more serious offense.<\/p>\n<\/div>\n
\n\u201cThat will occasionally happen on a very serious case, where multiple people will speak on a bond,\u201d he said.<\/p>\n<\/div>\n
Wisconsin requires a bond be set<\/h3>\n<\/p>\n\nIn the aftermath of the parade attack, many commenters on social media and in mainstream news not only decried the low bond in the suspect\u2019s other pending case, but called for a \u201cno bond\u201d order for Brooks after the parade fatalities.<\/p>\n<\/div>\n
\nWhether the bond in the other case was too low can be debated, but Brooks had to have a bond attached to the multiple-homicide case. That is the law, with only a few exceptions, in Wisconsin, Graveley said.<\/p>\n<\/div>\n
\n\u201cUntil conviction, you must have a bond,\u201d he said. \u201cThere are states with no bond, and there are certain, rare circumstances where you can have no bond, but they are almost always post-conviction.\u201d<\/p>\n<\/div>\n
\nThere are specific parameters that must be followed when setting a bond in misdemeanor cases. Graveley said that bail can only be as much as what the maximum fine for a conviction would be. In felony cases, the bail can be whatever monetary amount is deemed appropriate.<\/p>\n<\/div>\n
Balancing act<\/h3>\n<\/p>\n\nKeating sees every criminal case in the county as a first step in the process, \u2014 he\u2019s had some high-profile ones like Kyle Rittenhouse \u2014 and that sometimes leads to some big-time emotions from both sides when they appear before him.<\/p>\n<\/div>\n
\nAnd he\u2019s not immune to those emotions, but Keating takes a professional approach to each case when he sets the bail conditions.<\/p>\n<\/div>\n
\n\u201cI\u2019m a human being, I have feelings, I care, but you don\u2019t want to be overly influenced,\u201d he said. \u201cPeople have different ideas of what justice is. For the victims of a crime, justice is harsh, it\u2019s, \u2018I want this person, even at this stage, to be punished,\u2019 which is not the purpose of bond.<\/p>\n<\/div>\n
\n\u201cFor families of the alleged offenders, it\u2019s mercy. So you\u2019re back-and-forth here, it\u2019s vengeance versus mercy. That\u2019s a delicate balance in the entire system of criminal justice. I understand that. … I have to be professional, and I\u2019m always going to be professional. I was put in this position to use my professional judgment.\u201d<\/p>\n<\/div>\n
\nAt the end of the day, Keating takes all the information from the criminal complaint to what\u2019s said in court by both sides, to the victims of the alleged crime, into account.<\/p>\n<\/div>\n
\nBut he also shoulders the responsibility to make that final call when the bail and bond is set.<\/p>\n<\/div>\n
\n\u201cI\u2019m a baseball guy, and I\u2019ll make the call,\u201d Keating said. \u201cJust give me the information. One thing that I would be disappointed in is if there was information that was available to me that wasn\u2019t giving to me that would be important.<\/p>\n<\/div>\n
\n\u201cI want as much information within a reasonable period of time that\u2019s available. I want to make the right decision. I\u2019ll make the call. I\u2019m paid to make the call. I\u2019m paid to call balls and strikes, and I\u2019ll do that. As long as I have this job, I\u2019ll do that.\u201d<\/p>\n<\/div>\n
\n\n\n
Dan Truttschel’s Fave 5 for 2021<\/h3>\n
Bail differs from bond, as the former is the cash or amount required to allow a defendant\u2019s release from custody, while the latter includes any number of non-monetary conditions such as no-contact orders and prohibitions from possessing weapons and consuming drugs and\/or alcohol.<\/p>\n<\/div>\n
A signature bond is another option for a commissioner, and that ultimately services as a \u201cpromise\u201d by the defendant to abide by conditions or they may be required to post the amount of cash equal to what was imposed on the signature bond.<\/p>\n<\/div>\n
The process<\/h3>\n<\/p>\n\nKenosha County District Attorney Mike Graveley and Kenosha County Circuit Court Commissioner Larry Keating both said they wouldn\u2019t comment on the specifics of the Brooks\u2019 case, but did offer a glimpse into the bail\/bond process.<\/p>\n<\/div>\n
\n\u201cWe start with the seriousness of the offense charged,\u201d Graveley said. \u201cWe are looking at whether the offense is an assaultive or violent offense, we\u2019re looking at what the maximum penalties are, we are looking at whether the offense itself shows opposition to authority or rules that would make a bond a poor risk.\u201d<\/p>\n<\/div>\n
\nCommunity ties also are a factor, both Graveley and Keating said, in deciding if a defendant is likely to continue making their scheduled court appearances.<\/p>\n<\/div>\n
\n\u201cThat doesn\u2019t mean that someone who doesn\u2019t live in the county of Kenosha or the state of the Wisconsin won\u2019t return to court, but it is a factor,\u201d Keating said. \u201cAll these factors, you have to balance. I think it\u2019s important to do that.\u201d<\/p>\n<\/div>\n
Considerations<\/h3>\n<\/p>\n\nKeating, a former police officer and detective in Kenosha for 20 years and then a private criminal defense attorney before he replaced former Commissioner David Berman, said he reads every criminal complaint that lands on his desk in preparation for the daily intake call that happens at 1 p.m.<\/p>\n<\/div>\n
\nHaving all the information in front of him is paramount in making bail and bond decisions, he said.<\/p>\n<\/div>\n
\n\u201cEveryone is presumed innocent, so these are just allegations at the state that bond is set,\u201d Keating said. \u201cNonetheless, a very, very strong factor that I take into account is public safety.\u201d<\/p>\n<\/div>\n
\nCases that involve alleged illegal gun activity and high-speed pursuits are two instances that Keating often will take an even harder look at when it comes to setting bail.<\/p>\n<\/div>\n
\nBoth fall into that category of protecting the public, which is paramount.<\/p>\n<\/div>\n
\n\u201cI do not take kindly to alleged unlawful use of firearms,\u201d Keating said. \u201cI spent 20 years in law enforcement; I\u2019m very familiar with firearms, I\u2019m not anti-firearms. I own firearms. I\u2019m a \u2018Second Amendment\u2019 guy, so to speak.<\/p>\n<\/div>\n
\n\u201cBut the unlawful use, I think weapons, firearms in particular, the destruction brought by individuals who use those firearms in an illegal manner has wreaked havoc across this nation in all areas, but especially urban areas. Gun calls are up hundreds of percent in this town alone.\u201d<\/p>\n<\/div>\n
\nHigh-speed chases fall into a similar category, Keating said.<\/p>\n<\/div>\n
\n\u201c(Those) put not only themselves, but the passengers in the cars at great risk, and the public at a tremendous risk,\u201d he said. \u201cBecause you\u2019re turning your car into a 4,000-pound missile rocketing through crowded urban streets with other traffic.\u201d<\/p>\n<\/div>\n
\nAnd there are many times when a victim will ask Keating for a lower cash bail, and while he takes those statements into account, everything in his decision-making process goes back to keeping the public as a whole safe.<\/p>\n<\/div>\n
\n\u201cPart of setting a bond itself involves getting as much information as you can get to help you and you can rely on in setting a bond that is appropriate,\u201d he said. \u201cI try very hard. My goal is to get it right every time, but I\u2019m human. If it needs to be corrected at a later date by me, I will do so, but my overwhelming goal is to get it right the first time, every time.\u201d<\/p>\n<\/div>\n
\nShould a motion come before the court to adjust the bond, it can be looked at after the fact, Keating said. Circuit Court judges also have the authority to make any adjustment they see fit.<\/p>\n<\/div>\n
\n\u201cThey can change it, and the way I look at it, that\u2019s their job, is oversight,\u201d Keating said. \u201cI have no problem ever with a judge changing what I have done. Many times, too, a case will develop with more information later that wasn\u2019t available at the time of the initial appearance. All of that is relevant.\u201d<\/p>\n<\/div>\n
\u2018Seriousness of priors\u2019<\/h3>\n<\/p>\n\nA defendant\u2019s prior record is a key component of what bail the prosecuting attorney will recommend, Graveley said.<\/p>\n<\/div>\n
\n\u201cWe\u2019re also then looking at the seriousness of the priors, the number of priors, what have been the outcome of those prior cases, whether they show any rule violation or the inability to comply with rules, whether those are violent, also suggesting that protection of the public in this new offense needs to be a priority.\u201d<\/p>\n<\/div>\n
\nIn its most simple terms, the bail\/bond is a guarantee that a defendant will make all future court appearances, but it can\u2019t be used in a punitive fashion.<\/p>\n<\/div>\n
\nAnd that\u2019s one fact that some seem to forget.<\/p>\n<\/div>\n
\n\u201cThe statute is very clear,\u201d Graveley said. \u201cBond is to be set an amount that will guarantee your appearance in court. … You can\u2019t have your bond be your sentence. The bond is essentially set to make sure a person will be back in court and (has) a community safety consideration as well.\u201d<\/p>\n<\/div>\n
\nWisconsin also is not a \u201c10% state\u201d when it comes to bail, which means defendants must post the entire cash amount set by the commissioner during their initial appearance. Just to the south, Illinois not only is a \u201c10% state,\u201d but also a \u201cno-bond\u201d state, Keating said.<\/p>\n<\/div>\n
\n\u201c(In Illinois), if the face value is $100,000, a person can post 10% of that or $10,000 and be released,\u201d he said. \u201cWhatever I set (here) is dollar for dollar, here in Wisconsin.\u201d<\/p>\n<\/div>\n
\nProsecutors on the staff have latitude to argue for the bail they feel is required in any particular case, Graveley said, and that number could change again once the case ends up in the intake court, where the bail is set at a defendant\u2019s initial appearance.<\/p>\n<\/div>\n
\n\u201cWhat typically will happen for us is the prosecutor who charges the case will make some recommendation because they are the one who has most thoroughly considered the case,\u201d Graveley said. \u201cThen the intake attorney takes that information and uses it, but also hears out what is going to be said in court (along with) all the other circumstances that might develop in a courtroom.\u201d<\/p>\n<\/div>\n
\nGraveley said there normally isn\u2019t any \u201cstaff-level\u201d discussions that happen on a daily basis when it comes to requesting a bond, but there may be some dialogue among the staff on a more serious offense.<\/p>\n<\/div>\n
\n\u201cThat will occasionally happen on a very serious case, where multiple people will speak on a bond,\u201d he said.<\/p>\n<\/div>\n
Wisconsin requires a bond be set<\/h3>\n<\/p>\n\nIn the aftermath of the parade attack, many commenters on social media and in mainstream news not only decried the low bond in the suspect\u2019s other pending case, but called for a \u201cno bond\u201d order for Brooks after the parade fatalities.<\/p>\n<\/div>\n
\nWhether the bond in the other case was too low can be debated, but Brooks had to have a bond attached to the multiple-homicide case. That is the law, with only a few exceptions, in Wisconsin, Graveley said.<\/p>\n<\/div>\n
\n\u201cUntil conviction, you must have a bond,\u201d he said. \u201cThere are states with no bond, and there are certain, rare circumstances where you can have no bond, but they are almost always post-conviction.\u201d<\/p>\n<\/div>\n
\nThere are specific parameters that must be followed when setting a bond in misdemeanor cases. Graveley said that bail can only be as much as what the maximum fine for a conviction would be. In felony cases, the bail can be whatever monetary amount is deemed appropriate.<\/p>\n<\/div>\n
Balancing act<\/h3>\n<\/p>\n\nKeating sees every criminal case in the county as a first step in the process, \u2014 he\u2019s had some high-profile ones like Kyle Rittenhouse \u2014 and that sometimes leads to some big-time emotions from both sides when they appear before him.<\/p>\n<\/div>\n
\nAnd he\u2019s not immune to those emotions, but Keating takes a professional approach to each case when he sets the bail conditions.<\/p>\n<\/div>\n
\n\u201cI\u2019m a human being, I have feelings, I care, but you don\u2019t want to be overly influenced,\u201d he said. \u201cPeople have different ideas of what justice is. For the victims of a crime, justice is harsh, it\u2019s, \u2018I want this person, even at this stage, to be punished,\u2019 which is not the purpose of bond.<\/p>\n<\/div>\n
\n\u201cFor families of the alleged offenders, it\u2019s mercy. So you\u2019re back-and-forth here, it\u2019s vengeance versus mercy. That\u2019s a delicate balance in the entire system of criminal justice. I understand that. … I have to be professional, and I\u2019m always going to be professional. I was put in this position to use my professional judgment.\u201d<\/p>\n<\/div>\n
\nAt the end of the day, Keating takes all the information from the criminal complaint to what\u2019s said in court by both sides, to the victims of the alleged crime, into account.<\/p>\n<\/div>\n
\nBut he also shoulders the responsibility to make that final call when the bail and bond is set.<\/p>\n<\/div>\n
\n\u201cI\u2019m a baseball guy, and I\u2019ll make the call,\u201d Keating said. \u201cJust give me the information. One thing that I would be disappointed in is if there was information that was available to me that wasn\u2019t giving to me that would be important.<\/p>\n<\/div>\n
\n\u201cI want as much information within a reasonable period of time that\u2019s available. I want to make the right decision. I\u2019ll make the call. I\u2019m paid to make the call. I\u2019m paid to call balls and strikes, and I\u2019ll do that. As long as I have this job, I\u2019ll do that.\u201d<\/p>\n<\/div>\n
\n\n\n
Dan Truttschel’s Fave 5 for 2021<\/h3>\n
Kenosha County District Attorney Mike Graveley and Kenosha County Circuit Court Commissioner Larry Keating both said they wouldn\u2019t comment on the specifics of the Brooks\u2019 case, but did offer a glimpse into the bail\/bond process.<\/p>\n<\/div>\n
\u201cWe start with the seriousness of the offense charged,\u201d Graveley said. \u201cWe are looking at whether the offense is an assaultive or violent offense, we\u2019re looking at what the maximum penalties are, we are looking at whether the offense itself shows opposition to authority or rules that would make a bond a poor risk.\u201d<\/p>\n<\/div>\n
Community ties also are a factor, both Graveley and Keating said, in deciding if a defendant is likely to continue making their scheduled court appearances.<\/p>\n<\/div>\n
\u201cThat doesn\u2019t mean that someone who doesn\u2019t live in the county of Kenosha or the state of the Wisconsin won\u2019t return to court, but it is a factor,\u201d Keating said. \u201cAll these factors, you have to balance. I think it\u2019s important to do that.\u201d<\/p>\n<\/div>\n
Considerations<\/h3>\n<\/p>\n\nKeating, a former police officer and detective in Kenosha for 20 years and then a private criminal defense attorney before he replaced former Commissioner David Berman, said he reads every criminal complaint that lands on his desk in preparation for the daily intake call that happens at 1 p.m.<\/p>\n<\/div>\n
\nHaving all the information in front of him is paramount in making bail and bond decisions, he said.<\/p>\n<\/div>\n
\n\u201cEveryone is presumed innocent, so these are just allegations at the state that bond is set,\u201d Keating said. \u201cNonetheless, a very, very strong factor that I take into account is public safety.\u201d<\/p>\n<\/div>\n
\nCases that involve alleged illegal gun activity and high-speed pursuits are two instances that Keating often will take an even harder look at when it comes to setting bail.<\/p>\n<\/div>\n
\nBoth fall into that category of protecting the public, which is paramount.<\/p>\n<\/div>\n
\n\u201cI do not take kindly to alleged unlawful use of firearms,\u201d Keating said. \u201cI spent 20 years in law enforcement; I\u2019m very familiar with firearms, I\u2019m not anti-firearms. I own firearms. I\u2019m a \u2018Second Amendment\u2019 guy, so to speak.<\/p>\n<\/div>\n
\n\u201cBut the unlawful use, I think weapons, firearms in particular, the destruction brought by individuals who use those firearms in an illegal manner has wreaked havoc across this nation in all areas, but especially urban areas. Gun calls are up hundreds of percent in this town alone.\u201d<\/p>\n<\/div>\n
\nHigh-speed chases fall into a similar category, Keating said.<\/p>\n<\/div>\n
\n\u201c(Those) put not only themselves, but the passengers in the cars at great risk, and the public at a tremendous risk,\u201d he said. \u201cBecause you\u2019re turning your car into a 4,000-pound missile rocketing through crowded urban streets with other traffic.\u201d<\/p>\n<\/div>\n
\nAnd there are many times when a victim will ask Keating for a lower cash bail, and while he takes those statements into account, everything in his decision-making process goes back to keeping the public as a whole safe.<\/p>\n<\/div>\n
\n\u201cPart of setting a bond itself involves getting as much information as you can get to help you and you can rely on in setting a bond that is appropriate,\u201d he said. \u201cI try very hard. My goal is to get it right every time, but I\u2019m human. If it needs to be corrected at a later date by me, I will do so, but my overwhelming goal is to get it right the first time, every time.\u201d<\/p>\n<\/div>\n
\nShould a motion come before the court to adjust the bond, it can be looked at after the fact, Keating said. Circuit Court judges also have the authority to make any adjustment they see fit.<\/p>\n<\/div>\n
\n\u201cThey can change it, and the way I look at it, that\u2019s their job, is oversight,\u201d Keating said. \u201cI have no problem ever with a judge changing what I have done. Many times, too, a case will develop with more information later that wasn\u2019t available at the time of the initial appearance. All of that is relevant.\u201d<\/p>\n<\/div>\n
\u2018Seriousness of priors\u2019<\/h3>\n<\/p>\n\nA defendant\u2019s prior record is a key component of what bail the prosecuting attorney will recommend, Graveley said.<\/p>\n<\/div>\n
\n\u201cWe\u2019re also then looking at the seriousness of the priors, the number of priors, what have been the outcome of those prior cases, whether they show any rule violation or the inability to comply with rules, whether those are violent, also suggesting that protection of the public in this new offense needs to be a priority.\u201d<\/p>\n<\/div>\n
\nIn its most simple terms, the bail\/bond is a guarantee that a defendant will make all future court appearances, but it can\u2019t be used in a punitive fashion.<\/p>\n<\/div>\n
\nAnd that\u2019s one fact that some seem to forget.<\/p>\n<\/div>\n
\n\u201cThe statute is very clear,\u201d Graveley said. \u201cBond is to be set an amount that will guarantee your appearance in court. … You can\u2019t have your bond be your sentence. The bond is essentially set to make sure a person will be back in court and (has) a community safety consideration as well.\u201d<\/p>\n<\/div>\n
\nWisconsin also is not a \u201c10% state\u201d when it comes to bail, which means defendants must post the entire cash amount set by the commissioner during their initial appearance. Just to the south, Illinois not only is a \u201c10% state,\u201d but also a \u201cno-bond\u201d state, Keating said.<\/p>\n<\/div>\n
\n\u201c(In Illinois), if the face value is $100,000, a person can post 10% of that or $10,000 and be released,\u201d he said. \u201cWhatever I set (here) is dollar for dollar, here in Wisconsin.\u201d<\/p>\n<\/div>\n
\nProsecutors on the staff have latitude to argue for the bail they feel is required in any particular case, Graveley said, and that number could change again once the case ends up in the intake court, where the bail is set at a defendant\u2019s initial appearance.<\/p>\n<\/div>\n
\n\u201cWhat typically will happen for us is the prosecutor who charges the case will make some recommendation because they are the one who has most thoroughly considered the case,\u201d Graveley said. \u201cThen the intake attorney takes that information and uses it, but also hears out what is going to be said in court (along with) all the other circumstances that might develop in a courtroom.\u201d<\/p>\n<\/div>\n
\nGraveley said there normally isn\u2019t any \u201cstaff-level\u201d discussions that happen on a daily basis when it comes to requesting a bond, but there may be some dialogue among the staff on a more serious offense.<\/p>\n<\/div>\n
\n\u201cThat will occasionally happen on a very serious case, where multiple people will speak on a bond,\u201d he said.<\/p>\n<\/div>\n
Wisconsin requires a bond be set<\/h3>\n<\/p>\n\nIn the aftermath of the parade attack, many commenters on social media and in mainstream news not only decried the low bond in the suspect\u2019s other pending case, but called for a \u201cno bond\u201d order for Brooks after the parade fatalities.<\/p>\n<\/div>\n
\nWhether the bond in the other case was too low can be debated, but Brooks had to have a bond attached to the multiple-homicide case. That is the law, with only a few exceptions, in Wisconsin, Graveley said.<\/p>\n<\/div>\n
\n\u201cUntil conviction, you must have a bond,\u201d he said. \u201cThere are states with no bond, and there are certain, rare circumstances where you can have no bond, but they are almost always post-conviction.\u201d<\/p>\n<\/div>\n
\nThere are specific parameters that must be followed when setting a bond in misdemeanor cases. Graveley said that bail can only be as much as what the maximum fine for a conviction would be. In felony cases, the bail can be whatever monetary amount is deemed appropriate.<\/p>\n<\/div>\n
Balancing act<\/h3>\n<\/p>\n\nKeating sees every criminal case in the county as a first step in the process, \u2014 he\u2019s had some high-profile ones like Kyle Rittenhouse \u2014 and that sometimes leads to some big-time emotions from both sides when they appear before him.<\/p>\n<\/div>\n
\nAnd he\u2019s not immune to those emotions, but Keating takes a professional approach to each case when he sets the bail conditions.<\/p>\n<\/div>\n
\n\u201cI\u2019m a human being, I have feelings, I care, but you don\u2019t want to be overly influenced,\u201d he said. \u201cPeople have different ideas of what justice is. For the victims of a crime, justice is harsh, it\u2019s, \u2018I want this person, even at this stage, to be punished,\u2019 which is not the purpose of bond.<\/p>\n<\/div>\n
\n\u201cFor families of the alleged offenders, it\u2019s mercy. So you\u2019re back-and-forth here, it\u2019s vengeance versus mercy. That\u2019s a delicate balance in the entire system of criminal justice. I understand that. … I have to be professional, and I\u2019m always going to be professional. I was put in this position to use my professional judgment.\u201d<\/p>\n<\/div>\n
\nAt the end of the day, Keating takes all the information from the criminal complaint to what\u2019s said in court by both sides, to the victims of the alleged crime, into account.<\/p>\n<\/div>\n
\nBut he also shoulders the responsibility to make that final call when the bail and bond is set.<\/p>\n<\/div>\n
\n\u201cI\u2019m a baseball guy, and I\u2019ll make the call,\u201d Keating said. \u201cJust give me the information. One thing that I would be disappointed in is if there was information that was available to me that wasn\u2019t giving to me that would be important.<\/p>\n<\/div>\n
\n\u201cI want as much information within a reasonable period of time that\u2019s available. I want to make the right decision. I\u2019ll make the call. I\u2019m paid to make the call. I\u2019m paid to call balls and strikes, and I\u2019ll do that. As long as I have this job, I\u2019ll do that.\u201d<\/p>\n<\/div>\n
\n\n\n
Dan Truttschel’s Fave 5 for 2021<\/h3>\n
Keating, a former police officer and detective in Kenosha for 20 years and then a private criminal defense attorney before he replaced former Commissioner David Berman, said he reads every criminal complaint that lands on his desk in preparation for the daily intake call that happens at 1 p.m.<\/p>\n<\/div>\n
Having all the information in front of him is paramount in making bail and bond decisions, he said.<\/p>\n<\/div>\n
\u201cEveryone is presumed innocent, so these are just allegations at the state that bond is set,\u201d Keating said. \u201cNonetheless, a very, very strong factor that I take into account is public safety.\u201d<\/p>\n<\/div>\n
Cases that involve alleged illegal gun activity and high-speed pursuits are two instances that Keating often will take an even harder look at when it comes to setting bail.<\/p>\n<\/div>\n
Both fall into that category of protecting the public, which is paramount.<\/p>\n<\/div>\n
\u201cI do not take kindly to alleged unlawful use of firearms,\u201d Keating said. \u201cI spent 20 years in law enforcement; I\u2019m very familiar with firearms, I\u2019m not anti-firearms. I own firearms. I\u2019m a \u2018Second Amendment\u2019 guy, so to speak.<\/p>\n<\/div>\n
\u201cBut the unlawful use, I think weapons, firearms in particular, the destruction brought by individuals who use those firearms in an illegal manner has wreaked havoc across this nation in all areas, but especially urban areas. Gun calls are up hundreds of percent in this town alone.\u201d<\/p>\n<\/div>\n
High-speed chases fall into a similar category, Keating said.<\/p>\n<\/div>\n
\u201c(Those) put not only themselves, but the passengers in the cars at great risk, and the public at a tremendous risk,\u201d he said. \u201cBecause you\u2019re turning your car into a 4,000-pound missile rocketing through crowded urban streets with other traffic.\u201d<\/p>\n<\/div>\n
And there are many times when a victim will ask Keating for a lower cash bail, and while he takes those statements into account, everything in his decision-making process goes back to keeping the public as a whole safe.<\/p>\n<\/div>\n
\u201cPart of setting a bond itself involves getting as much information as you can get to help you and you can rely on in setting a bond that is appropriate,\u201d he said. \u201cI try very hard. My goal is to get it right every time, but I\u2019m human. If it needs to be corrected at a later date by me, I will do so, but my overwhelming goal is to get it right the first time, every time.\u201d<\/p>\n<\/div>\n
Should a motion come before the court to adjust the bond, it can be looked at after the fact, Keating said. Circuit Court judges also have the authority to make any adjustment they see fit.<\/p>\n<\/div>\n
\u201cThey can change it, and the way I look at it, that\u2019s their job, is oversight,\u201d Keating said. \u201cI have no problem ever with a judge changing what I have done. Many times, too, a case will develop with more information later that wasn\u2019t available at the time of the initial appearance. All of that is relevant.\u201d<\/p>\n<\/div>\n
\u2018Seriousness of priors\u2019<\/h3>\n<\/p>\n\nA defendant\u2019s prior record is a key component of what bail the prosecuting attorney will recommend, Graveley said.<\/p>\n<\/div>\n
\n\u201cWe\u2019re also then looking at the seriousness of the priors, the number of priors, what have been the outcome of those prior cases, whether they show any rule violation or the inability to comply with rules, whether those are violent, also suggesting that protection of the public in this new offense needs to be a priority.\u201d<\/p>\n<\/div>\n
\nIn its most simple terms, the bail\/bond is a guarantee that a defendant will make all future court appearances, but it can\u2019t be used in a punitive fashion.<\/p>\n<\/div>\n
\nAnd that\u2019s one fact that some seem to forget.<\/p>\n<\/div>\n
\n\u201cThe statute is very clear,\u201d Graveley said. \u201cBond is to be set an amount that will guarantee your appearance in court. … You can\u2019t have your bond be your sentence. The bond is essentially set to make sure a person will be back in court and (has) a community safety consideration as well.\u201d<\/p>\n<\/div>\n
\nWisconsin also is not a \u201c10% state\u201d when it comes to bail, which means defendants must post the entire cash amount set by the commissioner during their initial appearance. Just to the south, Illinois not only is a \u201c10% state,\u201d but also a \u201cno-bond\u201d state, Keating said.<\/p>\n<\/div>\n
\n\u201c(In Illinois), if the face value is $100,000, a person can post 10% of that or $10,000 and be released,\u201d he said. \u201cWhatever I set (here) is dollar for dollar, here in Wisconsin.\u201d<\/p>\n<\/div>\n
\nProsecutors on the staff have latitude to argue for the bail they feel is required in any particular case, Graveley said, and that number could change again once the case ends up in the intake court, where the bail is set at a defendant\u2019s initial appearance.<\/p>\n<\/div>\n
\n\u201cWhat typically will happen for us is the prosecutor who charges the case will make some recommendation because they are the one who has most thoroughly considered the case,\u201d Graveley said. \u201cThen the intake attorney takes that information and uses it, but also hears out what is going to be said in court (along with) all the other circumstances that might develop in a courtroom.\u201d<\/p>\n<\/div>\n
\nGraveley said there normally isn\u2019t any \u201cstaff-level\u201d discussions that happen on a daily basis when it comes to requesting a bond, but there may be some dialogue among the staff on a more serious offense.<\/p>\n<\/div>\n
\n\u201cThat will occasionally happen on a very serious case, where multiple people will speak on a bond,\u201d he said.<\/p>\n<\/div>\n
Wisconsin requires a bond be set<\/h3>\n<\/p>\n\nIn the aftermath of the parade attack, many commenters on social media and in mainstream news not only decried the low bond in the suspect\u2019s other pending case, but called for a \u201cno bond\u201d order for Brooks after the parade fatalities.<\/p>\n<\/div>\n
\nWhether the bond in the other case was too low can be debated, but Brooks had to have a bond attached to the multiple-homicide case. That is the law, with only a few exceptions, in Wisconsin, Graveley said.<\/p>\n<\/div>\n
\n\u201cUntil conviction, you must have a bond,\u201d he said. \u201cThere are states with no bond, and there are certain, rare circumstances where you can have no bond, but they are almost always post-conviction.\u201d<\/p>\n<\/div>\n
\nThere are specific parameters that must be followed when setting a bond in misdemeanor cases. Graveley said that bail can only be as much as what the maximum fine for a conviction would be. In felony cases, the bail can be whatever monetary amount is deemed appropriate.<\/p>\n<\/div>\n
Balancing act<\/h3>\n<\/p>\n\nKeating sees every criminal case in the county as a first step in the process, \u2014 he\u2019s had some high-profile ones like Kyle Rittenhouse \u2014 and that sometimes leads to some big-time emotions from both sides when they appear before him.<\/p>\n<\/div>\n
\nAnd he\u2019s not immune to those emotions, but Keating takes a professional approach to each case when he sets the bail conditions.<\/p>\n<\/div>\n
\n\u201cI\u2019m a human being, I have feelings, I care, but you don\u2019t want to be overly influenced,\u201d he said. \u201cPeople have different ideas of what justice is. For the victims of a crime, justice is harsh, it\u2019s, \u2018I want this person, even at this stage, to be punished,\u2019 which is not the purpose of bond.<\/p>\n<\/div>\n
\n\u201cFor families of the alleged offenders, it\u2019s mercy. So you\u2019re back-and-forth here, it\u2019s vengeance versus mercy. That\u2019s a delicate balance in the entire system of criminal justice. I understand that. … I have to be professional, and I\u2019m always going to be professional. I was put in this position to use my professional judgment.\u201d<\/p>\n<\/div>\n
\nAt the end of the day, Keating takes all the information from the criminal complaint to what\u2019s said in court by both sides, to the victims of the alleged crime, into account.<\/p>\n<\/div>\n
\nBut he also shoulders the responsibility to make that final call when the bail and bond is set.<\/p>\n<\/div>\n
\n\u201cI\u2019m a baseball guy, and I\u2019ll make the call,\u201d Keating said. \u201cJust give me the information. One thing that I would be disappointed in is if there was information that was available to me that wasn\u2019t giving to me that would be important.<\/p>\n<\/div>\n
\n\u201cI want as much information within a reasonable period of time that\u2019s available. I want to make the right decision. I\u2019ll make the call. I\u2019m paid to make the call. I\u2019m paid to call balls and strikes, and I\u2019ll do that. As long as I have this job, I\u2019ll do that.\u201d<\/p>\n<\/div>\n
\n\n\n
Dan Truttschel’s Fave 5 for 2021<\/h3>\n
A defendant\u2019s prior record is a key component of what bail the prosecuting attorney will recommend, Graveley said.<\/p>\n<\/div>\n
\u201cWe\u2019re also then looking at the seriousness of the priors, the number of priors, what have been the outcome of those prior cases, whether they show any rule violation or the inability to comply with rules, whether those are violent, also suggesting that protection of the public in this new offense needs to be a priority.\u201d<\/p>\n<\/div>\n
In its most simple terms, the bail\/bond is a guarantee that a defendant will make all future court appearances, but it can\u2019t be used in a punitive fashion.<\/p>\n<\/div>\n
And that\u2019s one fact that some seem to forget.<\/p>\n<\/div>\n
\u201cThe statute is very clear,\u201d Graveley said. \u201cBond is to be set an amount that will guarantee your appearance in court. … You can\u2019t have your bond be your sentence. The bond is essentially set to make sure a person will be back in court and (has) a community safety consideration as well.\u201d<\/p>\n<\/div>\n
Wisconsin also is not a \u201c10% state\u201d when it comes to bail, which means defendants must post the entire cash amount set by the commissioner during their initial appearance. Just to the south, Illinois not only is a \u201c10% state,\u201d but also a \u201cno-bond\u201d state, Keating said.<\/p>\n<\/div>\n
\u201c(In Illinois), if the face value is $100,000, a person can post 10% of that or $10,000 and be released,\u201d he said. \u201cWhatever I set (here) is dollar for dollar, here in Wisconsin.\u201d<\/p>\n<\/div>\n
Prosecutors on the staff have latitude to argue for the bail they feel is required in any particular case, Graveley said, and that number could change again once the case ends up in the intake court, where the bail is set at a defendant\u2019s initial appearance.<\/p>\n<\/div>\n
\u201cWhat typically will happen for us is the prosecutor who charges the case will make some recommendation because they are the one who has most thoroughly considered the case,\u201d Graveley said. \u201cThen the intake attorney takes that information and uses it, but also hears out what is going to be said in court (along with) all the other circumstances that might develop in a courtroom.\u201d<\/p>\n<\/div>\n
Graveley said there normally isn\u2019t any \u201cstaff-level\u201d discussions that happen on a daily basis when it comes to requesting a bond, but there may be some dialogue among the staff on a more serious offense.<\/p>\n<\/div>\n
\u201cThat will occasionally happen on a very serious case, where multiple people will speak on a bond,\u201d he said.<\/p>\n<\/div>\n
Wisconsin requires a bond be set<\/h3>\n<\/p>\n\nIn the aftermath of the parade attack, many commenters on social media and in mainstream news not only decried the low bond in the suspect\u2019s other pending case, but called for a \u201cno bond\u201d order for Brooks after the parade fatalities.<\/p>\n<\/div>\n
\nWhether the bond in the other case was too low can be debated, but Brooks had to have a bond attached to the multiple-homicide case. That is the law, with only a few exceptions, in Wisconsin, Graveley said.<\/p>\n<\/div>\n
\n\u201cUntil conviction, you must have a bond,\u201d he said. \u201cThere are states with no bond, and there are certain, rare circumstances where you can have no bond, but they are almost always post-conviction.\u201d<\/p>\n<\/div>\n
\nThere are specific parameters that must be followed when setting a bond in misdemeanor cases. Graveley said that bail can only be as much as what the maximum fine for a conviction would be. In felony cases, the bail can be whatever monetary amount is deemed appropriate.<\/p>\n<\/div>\n
Balancing act<\/h3>\n<\/p>\n\nKeating sees every criminal case in the county as a first step in the process, \u2014 he\u2019s had some high-profile ones like Kyle Rittenhouse \u2014 and that sometimes leads to some big-time emotions from both sides when they appear before him.<\/p>\n<\/div>\n
\nAnd he\u2019s not immune to those emotions, but Keating takes a professional approach to each case when he sets the bail conditions.<\/p>\n<\/div>\n
\n\u201cI\u2019m a human being, I have feelings, I care, but you don\u2019t want to be overly influenced,\u201d he said. \u201cPeople have different ideas of what justice is. For the victims of a crime, justice is harsh, it\u2019s, \u2018I want this person, even at this stage, to be punished,\u2019 which is not the purpose of bond.<\/p>\n<\/div>\n
\n\u201cFor families of the alleged offenders, it\u2019s mercy. So you\u2019re back-and-forth here, it\u2019s vengeance versus mercy. That\u2019s a delicate balance in the entire system of criminal justice. I understand that. … I have to be professional, and I\u2019m always going to be professional. I was put in this position to use my professional judgment.\u201d<\/p>\n<\/div>\n
\nAt the end of the day, Keating takes all the information from the criminal complaint to what\u2019s said in court by both sides, to the victims of the alleged crime, into account.<\/p>\n<\/div>\n
\nBut he also shoulders the responsibility to make that final call when the bail and bond is set.<\/p>\n<\/div>\n
\n\u201cI\u2019m a baseball guy, and I\u2019ll make the call,\u201d Keating said. \u201cJust give me the information. One thing that I would be disappointed in is if there was information that was available to me that wasn\u2019t giving to me that would be important.<\/p>\n<\/div>\n
\n\u201cI want as much information within a reasonable period of time that\u2019s available. I want to make the right decision. I\u2019ll make the call. I\u2019m paid to make the call. I\u2019m paid to call balls and strikes, and I\u2019ll do that. As long as I have this job, I\u2019ll do that.\u201d<\/p>\n<\/div>\n
\n\n\n
Dan Truttschel’s Fave 5 for 2021<\/h3>\n
In the aftermath of the parade attack, many commenters on social media and in mainstream news not only decried the low bond in the suspect\u2019s other pending case, but called for a \u201cno bond\u201d order for Brooks after the parade fatalities.<\/p>\n<\/div>\n
Whether the bond in the other case was too low can be debated, but Brooks had to have a bond attached to the multiple-homicide case. That is the law, with only a few exceptions, in Wisconsin, Graveley said.<\/p>\n<\/div>\n
\u201cUntil conviction, you must have a bond,\u201d he said. \u201cThere are states with no bond, and there are certain, rare circumstances where you can have no bond, but they are almost always post-conviction.\u201d<\/p>\n<\/div>\n
There are specific parameters that must be followed when setting a bond in misdemeanor cases. Graveley said that bail can only be as much as what the maximum fine for a conviction would be. In felony cases, the bail can be whatever monetary amount is deemed appropriate.<\/p>\n<\/div>\n
Balancing act<\/h3>\n<\/p>\n\nKeating sees every criminal case in the county as a first step in the process, \u2014 he\u2019s had some high-profile ones like Kyle Rittenhouse \u2014 and that sometimes leads to some big-time emotions from both sides when they appear before him.<\/p>\n<\/div>\n
\nAnd he\u2019s not immune to those emotions, but Keating takes a professional approach to each case when he sets the bail conditions.<\/p>\n<\/div>\n
\n\u201cI\u2019m a human being, I have feelings, I care, but you don\u2019t want to be overly influenced,\u201d he said. \u201cPeople have different ideas of what justice is. For the victims of a crime, justice is harsh, it\u2019s, \u2018I want this person, even at this stage, to be punished,\u2019 which is not the purpose of bond.<\/p>\n<\/div>\n
\n\u201cFor families of the alleged offenders, it\u2019s mercy. So you\u2019re back-and-forth here, it\u2019s vengeance versus mercy. That\u2019s a delicate balance in the entire system of criminal justice. I understand that. … I have to be professional, and I\u2019m always going to be professional. I was put in this position to use my professional judgment.\u201d<\/p>\n<\/div>\n
\nAt the end of the day, Keating takes all the information from the criminal complaint to what\u2019s said in court by both sides, to the victims of the alleged crime, into account.<\/p>\n<\/div>\n
\nBut he also shoulders the responsibility to make that final call when the bail and bond is set.<\/p>\n<\/div>\n
\n\u201cI\u2019m a baseball guy, and I\u2019ll make the call,\u201d Keating said. \u201cJust give me the information. One thing that I would be disappointed in is if there was information that was available to me that wasn\u2019t giving to me that would be important.<\/p>\n<\/div>\n
\n\u201cI want as much information within a reasonable period of time that\u2019s available. I want to make the right decision. I\u2019ll make the call. I\u2019m paid to make the call. I\u2019m paid to call balls and strikes, and I\u2019ll do that. As long as I have this job, I\u2019ll do that.\u201d<\/p>\n<\/div>\n
\n\n\n
Dan Truttschel’s Fave 5 for 2021<\/h3>\n
Keating sees every criminal case in the county as a first step in the process, \u2014 he\u2019s had some high-profile ones like Kyle Rittenhouse \u2014 and that sometimes leads to some big-time emotions from both sides when they appear before him.<\/p>\n<\/div>\n
And he\u2019s not immune to those emotions, but Keating takes a professional approach to each case when he sets the bail conditions.<\/p>\n<\/div>\n
\u201cI\u2019m a human being, I have feelings, I care, but you don\u2019t want to be overly influenced,\u201d he said. \u201cPeople have different ideas of what justice is. For the victims of a crime, justice is harsh, it\u2019s, \u2018I want this person, even at this stage, to be punished,\u2019 which is not the purpose of bond.<\/p>\n<\/div>\n
\u201cFor families of the alleged offenders, it\u2019s mercy. So you\u2019re back-and-forth here, it\u2019s vengeance versus mercy. That\u2019s a delicate balance in the entire system of criminal justice. I understand that. … I have to be professional, and I\u2019m always going to be professional. I was put in this position to use my professional judgment.\u201d<\/p>\n<\/div>\n
At the end of the day, Keating takes all the information from the criminal complaint to what\u2019s said in court by both sides, to the victims of the alleged crime, into account.<\/p>\n<\/div>\n
But he also shoulders the responsibility to make that final call when the bail and bond is set.<\/p>\n<\/div>\n
\u201cI\u2019m a baseball guy, and I\u2019ll make the call,\u201d Keating said. \u201cJust give me the information. One thing that I would be disappointed in is if there was information that was available to me that wasn\u2019t giving to me that would be important.<\/p>\n<\/div>\n
\u201cI want as much information within a reasonable period of time that\u2019s available. I want to make the right decision. I\u2019ll make the call. I\u2019m paid to make the call. I\u2019m paid to call balls and strikes, and I\u2019ll do that. As long as I have this job, I\u2019ll do that.\u201d<\/p>\n<\/div>\n
\n
Dan Truttschel’s Fave 5 for 2021<\/h3>\n