Not a lawyer, but it seems they'll probably try to get him to plea down since they went with first degree. Gonna be real hard to prove that. Might not even be a trial if he pleads for lesser charges or something.
If this were a federal felony case, you'd be correct. Grand jury is not a requirement to bring charges in all states, so the prosecutor can bring charges without a grand jury.
That doesn't mean this will go to a Grand Jury, rather, that step in the case has come and gone.
It'll 100% go to a grand jury, then the prosecutor will decide to pursue conviction (with a different jury) or not.
Law pedes, correct me if I'm wrong.
Not a lawyer, but it seems they'll probably try to get him to plea down since they went with first degree. Gonna be real hard to prove that. Might not even be a trial if he pleads for lesser charges or something.
If he's been charged hasn't it already been to grand jury? I forget my Law & Order...
If this were a federal felony case, you'd be correct. Grand jury is not a requirement to bring charges in all states, so the prosecutor can bring charges without a grand jury.
That doesn't mean this will go to a Grand Jury, rather, that step in the case has come and gone.
Grand Jury decides whether or not to bring charges. If he's been charged, there's nothing left for a grand jury to do.
If this were federal, it would have had to go through a Grand Jury before charges could be filed, but not necessarily in WI.