Wisconsin § 809.31 - Rule (Release on bond pending seeking postconviction relief).

§ 809.31. Rule (Release on bond pending seeking postconviction relief).

809.31(1) (1) A defendant convicted of a misdemeanor or felony who is seeking relief from a conviction and sentence of imprisonment or to the intensive sanctions program and who seeks release on bond pending a determination of a motion or appeal shall file in the trial court a motion seeking release. 809.31(2) (2) The trial court shall promptly hold a hearing on the motion of the defendant, determine the motion by order and state the grounds for the order. 809.31(3) (3) Release may be granted if the court finds that: 809.31(3)(a) (a) There is no substantial risk the appellant will not appear to answer the judgment following the conclusion of postconviction proceedings; 809.31(3)(b) (b) The defendant is not likely to commit a serious crime, intimidate witnesses, or otherwise interfere with the administration of justice; 809.31(3)(c) (c) The defendant will promptly prosecute postconviction proceedings; and 809.31(3)(d) (d) The postconviction proceedings are not taken for purposes of delay. 809.31(4) (4) In making the determination on the motion, the court shall take into consideration the nature of the crime, the length of sentence and other factors relevant to pretrial release. 809.31(5) (5) The defendant or the state may seek review of the order of the circuit court by filing a motion in the court of appeals under s.