Wisconsin Motion to Bifurcate Trials on Subsequent Offense of Operating under Influence and on Operation without a License

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Bifurcation is the act of dividing a trial into two parts for various reasons like convenience, to avoid prejudice, or to expedite and economize. Frequently, civil cases are bifurcated into separate liability and damages proceedings. Criminal trials are also often bifurcated into guilt and sentencing phases.


Severance of actions may be allowed in the court's discretion either to permit a separate trial for some of the parties or a separate trial of properly joined causes of action. Usually, severance is requested by a defendant, but a plaintiff will be granted a severance under proper circumstances. The basic reason for granting a severance is that prejudice is likely to result from a joint trial. Severance should be permitted where the defendants' interests are hostile, where the action against them is not based on the same legal liability, or where a joint trial would involve the submission of very complex and abstruse questions to the jury and would materially affect the substantial rights of the parties.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Wisconsin used to allow the death penalty, but it has long been abolished. The state does, however, allow for life in prison without the possibility of parole.

By law, a person is eligible for parole after serving 25% of their sentence. For those individuals sentenced to life in prison for crimes committed before July 1, 1988, they became eligible for parole after serving 13 years and four months in prison.

For example, misdemeanor charges have a three-year time limit for filing, while most felony charges have a six-year statute of limitations. There is no statutory limit on murder charges.

973.01 Bifurcated sentence of imprisonment and extended supervision. (1) BIFURCATED SENTENCE REQUIRED. Whenever a court sentences a person to imprisonment for a felony or a misdemeanor, the court shall impose a bifurcated sentence under this section.

For a first-time offender, the judge might impose a total sentence of 3 years, with 1 year spent in prison and 2 years on extended supervision. Another offender with a criminal history might receive a longer sentence, such as 7 years total with 4 years spent in prison followed by 3 years of supervision.

Initial Confinement: The first part of a prison sentence where the defendant is actually confined in the prison. It is followed by a term of extended supervision.

1. If a court provides that a determinate sentence is to run concurrent with another determinate sentence, the person sentenced shall serve the periods of confinement in prison under the sentences concurrently and the terms of extended supervision under the sentences concurrently.

A bifurcated sentence is a sentence that consists of a term of confinement in prison followed by a term of extended supervision under s. 302.113. The total length of a bifurcated sentence equals the length of the term of confinement in prison plus the length of the term of extended supervision.

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Wisconsin Motion to Bifurcate Trials on Subsequent Offense of Operating under Influence and on Operation without a License