Brown County Jail Criminal Court Process

Local courts in Brown County (circuit court and municipal courts)

Two levels of court handle charges that start in Brown County. The Brown County Circuit Court, a branch of the statewide court system, decides every criminal charge filed anywhere in the county. Municipal courts are created by individual cities, villages and towns, and they hear only violations of local ordinances, such as speeding under a local traffic code, underage drinking, retail theft written as an ordinance ticket, noise, or a first OWI. A municipal judge can impose forfeitures (money penalties), license consequences and conditions, but cannot sentence anyone to jail, except as a way of enforcing an unpaid forfeiture. Wisconsin law lets a defendant transfer certain municipal cases to the Jefferson Street courthouse on request, but the option is limited and the time to ask is short, so check with the municipal clerk or a lawyer before the first appearance.

The circuit court

• Brown County Circuit Court and Clerk of Circuit Court, Brown County Courthouse, 100 S. Jefferson Street, Green Bay, WI 54301 (mail: P.O. Box 23600, Green Bay, WI 54305-3600), (920) 448-4155. Brown County's clerk keeps weekday hours from 8:00 a.m. until 4:30 p.m., closed on holidays.

Municipal courts serving Brown County communities

• Green Bay Municipal Court (City of Green Bay), 330 S. Jefferson Street, Green Bay, WI 54301, (920) 448-3131
• De Pere Municipal Court (City of De Pere and Town of Ledgeview), 335 S. Broadway, De Pere, WI 54115, (920) 339-2463
• Ashwaubenon Municipal Court (Village of Ashwaubenon), 2155 Holmgren Way, Ashwaubenon, WI 54304, (920) 492-2307
• Allouez Municipal Court (Village of Allouez), 1900 Libal Street, Green Bay, WI 54301, (920) 448-2800
• Bellevue Municipal Court (Village of Bellevue), 3100 Eaton Road, Bellevue, WI 54311, (920) 884-1077
• Howard Municipal Court (Village of Howard), 2456 Glendale Avenue, Green Bay, WI 54313, (920) 434-4669
• Suamico Area Joint Municipal Court (Village of Suamico, together with the Oconto County towns of Little Suamico and Chase), 12781 Velp Avenue, Suamico, WI 54313, (920) 544-8711
• Hobart/Lawrence Municipal Court (Village of Hobart and Town of Lawrence), 2990 S. Pine Tree Road, Hobart, WI 54155, (920) 869-3801
• Pulaski Area Municipal Court (Village of Pulaski and Town of Pittsfield), 585 E. Glenbrook Drive, Pulaski, WI 54162 (mail: P.O. Box 320), (920) 822-5182
• Denmark Municipal Court (Village of Denmark), P.O. Box 341, Denmark, WI 54208, (920) 863-6440
• Wrightstown Municipal Court (Village of Wrightstown), 352 High Street, Wrightstown, WI 54180, (920) 532-5547
• Brown County Joint Municipal Court (Towns of Eaton, Glenmore, Green Bay, Holland, Humboldt, Morrison, New Denmark, Rockland, Scott and Wrightstown, plus the Village of Greenleaf), sessions held at 5718 Dickinson Road, De Pere, WI 54115 (mail: P.O. Box 278, Wrightstown, WI 54180), (920) 660-2331

Membership in joint courts changes from time to time, so the citation itself is the best guide: it names the court and the first appearance date. A ticket written by a deputy or a State Patrol trooper for a state traffic law is usually filed in the circuit court.

Prosecution, defense, police and juvenile intake

• Brown County District Attorney, 300 E. Walnut Street, Green Bay, WI 54301, (920) 448-4190; victim/witness services (920) 448-4371
• Wisconsin State Public Defender, Green Bay office, 139 S. Washington Street, Green Bay, WI 54301, (920) 448-5433
• Brown County Sheriff's Office, 2684 Development Drive, Green Bay, WI 54311, (920) 448-6450. Deputies also serve as the police for the Villages of Allouez, Bellevue, Howard, Suamico and Denmark under service contracts.
• Green Bay Police Department, 307 S. Adams Street, Green Bay, WI 54301, (920) 448-3208
• De Pere Police Department, 325 S. Broadway, De Pere, WI 54115, (920) 339-4078
• Ashwaubenon Department of Public Safety, 2155 Holmgren Way, Ashwaubenon, WI 54304, (920) 492-2995
• Hobart-Lawrence Police Department, 2990 S. Pine Tree Road, Hobart, WI 54155, (920) 869-3800
• Oneida Police Department (Oneida Nation), 2783 Freedom Road, Oneida, WI 54155, (920) 869-2239
• The Villages of Pulaski and Wrightstown also have their own police departments.
• Brown County Health & Human Services, 111 N. Jefferson Street, Green Bay, WI 54301, (920) 448-6000

Anyone held on a circuit court case can apply for a public defender at the jail; municipal cases carry no right to an appointed lawyer, because no jail sentence is possible for the ordinance violation itself. Bail in a municipal case is uncommon, since most people are simply cited and released.

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The Brown County Courthouse and its eight branches

The domed Brown County Courthouse at 100 S. Jefferson Street in downtown Green Bay houses the eight branches of the circuit court, the Clerk of Circuit Court, and the court commissioners. The county describes these eight courts as hearing all civil, criminal, traffic, family, juvenile, mental health and probate actions in the county. Brown County belongs to the state's Eighth Judicial Administrative District, together with Door, Kewaunee, Marinette, Oconto, Outagamie and Waupaca counties.

Who you will see in the courtroom

• Circuit court commissioners are lawyers appointed to handle many first-stage hearings: initial appearances, setting of bail and release conditions, and in many cases preliminary hearings. Their rulings can be reviewed by a judge.
• Circuit judges, elected countywide for six-year terms, take over once a case is assigned to a branch. They hear motions, accept pleas, preside over jury trials and impose sentences.
• The Clerk of Circuit Court keeps the file, receives cash bail posted at the courthouse during business hours, collects fines and costs, and can tell a defendant which branch has the case.

Practical points

Hearings for people in custody at the Brown County Jail are often held by video link. Appeals from a final judgment go to the Wisconsin Court of Appeals, District III, which hears cases from northeastern and northern Wisconsin; a further petition can be filed with the Wisconsin Supreme Court. A defendant who has applied to the State Public Defender and is still waiting for an attorney should tell the court at the first hearing.

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What happens after an arrest in Brown County (booking, first hearing and release)

Whether the arrest is made by Green Bay officers, a sheriff's deputy in Howard or an Oneida Police officer, the adult goes to the Brown County Jail, where booking staff take fingerprints and a photograph, inventory property, screen for medical and mental-health needs, and run the person's name for outstanding warrants and Department of Corrections holds.

Release without a court hearing

For many lower-level misdemeanors, the person is released with a citation or on a signature bond, which is a written promise to appear and obey conditions, sometimes with a dollar amount that becomes owed only if the person misses court. Domestic abuse arrests are different. Officers must make an arrest in many domestic incidents, and once released the arrested person has to keep away from the alleged victim's home and have no contact for the next 72 hours, a restriction the victim may waive in writing.

The initial appearance

Anyone still in custody sees a Brown County court commissioner or judge, normally within 48 hours, and the hearing is frequently conducted over a video link from Curry Lane. The District Attorney's office files a criminal complaint by then or asks for more time on limited grounds. At this hearing the defendant hears the charges and maximum penalties, is told about the right to a lawyer, and learns the release terms. Options include a signature bond, cash bail in a set amount, or both, combined with conditions such as no contact with named people, no alcohol, no driving, GPS monitoring, or reporting to a pretrial program.

How cash bail works here

Wisconsin does not allow commercial bail bondsmen, so there is no bonding company to call. Cash is posted in full by the defendant, family or a friend, at the jail around the clock or with the Clerk of Circuit Court during office hours. If the defendant makes every appearance, the money is returned at the end of the case, although the court can apply it to fines, costs or restitution. Since a 2023 amendment to the Wisconsin Constitution, judges and commissioners setting cash bail for people charged with violent crimes may consider the risk of serious bodily harm to others, in addition to the risk of missing court; a defense lawyer can explain how that applies to a specific charge. A defendant who cannot afford the amount can ask for a review once a State Public Defender lawyer is involved.

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The Brown County Jail on Curry Lane

The Brown County Jail is run by the Jail Division of the Sheriff's Office at 3030 Curry Lane, Green Bay, WI 54311. The administrative office, (920) 448-4250, keeps weekday hours of 8 a.m. to 4 p.m., but booking and release continue 24 hours a day. The county's budget documents estimated an average daily population of roughly 775 people in 2023.

Who is held there

• Adults arrested anywhere in Brown County and awaiting an initial appearance or unable to post bail
• People serving county jail sentences, including those with Huber privileges, which let a sentenced person leave for work, school or treatment and return; some are placed on electronic monitoring instead of a cell
• Federal prisoners boarded under an agreement with the U.S. Marshals Service while their cases move through the federal court in Green Bay

Juveniles

Children are never housed with adults. The Brown County Juvenile Detention Center, 3030 Curry Lane, (920) 391-6883, is one of only about a dozen county-run secure juvenile detention centers in Wisconsin.

Someone held on a new charge who wants a lawyer appointed should ask jail staff for the State Public Defender application on the first day.

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Public defenders and appointed lawyers in Brown County

The Wisconsin State Public Defender (SPD) represents people who cannot afford a lawyer in Brown County through its Green Bay trial office, 139 S. Washington Street, Green Bay, WI 54301, (920) 448-5433. The same office also covers Door and Kewaunee counties.

How to apply

1. Start right away. Someone in the Brown County Jail can ask staff for an SPD application; SPD staff often screen people in custody before or soon after the initial appearance. A person who is out on bond can call or visit the Washington Street office.
2. Financial review. State law sets a strict financial test based on income, assets and household size. Bring pay stubs, benefit letters and information about rent and debts.
3. Assignment. If you qualify, the case goes either to an SPD staff attorney or to a private lawyer who accepts SPD appointments. Many Brown County cases are handled by private lawyers working at the state rate.
4. If you do not qualify. People who fall just above the SPD limit but still cannot pay a private lawyer can ask the judge to appoint counsel. The court may do so at county expense, and the county may later seek repayment.

SPD representation covers the circuit court case. It does not cover municipal ordinance tickets, including a first OWI forfeiture, because those cases carry no possible jail term.

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The District Attorney, deferred prosecution and diversion

The Brown County District Attorney's Office, in the Law Enforcement Center at 300 E. Walnut Street, (920) 448-4190, reviews police reports and decides what to charge. Assistant district attorneys handle each stage from the charging decision to sentencing, and the office's victim/witness unit, (920) 448-4371, informs crime victims of hearing dates and their rights under Marsy's Law, the 2020 victims' rights amendment to the state constitution.

Brown County options that avoid a conviction

• Deferred prosecution agreement. The DA agrees to hold the charge, or a plea, in suspense while the defendant completes conditions such as treatment, community service, restitution or classes. If the agreement is completed, the charge is dismissed or reduced.
• Post-charge diversion. Since 2016 Brown County has run a post-charge diversion and deferred prosecution program for defendants assessed as low to moderate risk. If the participant finishes it on time, the charge is dismissed.
• Treatment Alternatives and Diversion (TAD). State TAD grants help fund the county's treatment courts and diversion programs for people whose offenses are linked to substance use.

Not every defendant is offered these options, and the DA decides who may take part. A defendant's lawyer, whether privately hired or appointed through the State Public Defender, usually negotiates eligibility. Whether a person is in custody at the Brown County Jail or out on bail, any agreement is put on the record before a judge.

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Brown County treatment courts (drug, heroin, OWI, mental health, veterans)

For adult defendants whose crimes trace back to addiction, mental illness or trauma from military service, Brown County runs five separate treatment courts. Participants meet regularly with a judge and a team that includes the prosecutor, a defense attorney, treatment providers and supervising agents; they take frequent drug and alcohol tests and receive rewards or sanctions, including short jail stays at the Brown County Jail, depending on progress.

• Adult Drug Court (started 2010): for people convicted of drug-related offenses; violent offenders are excluded.
• Heroin Court (started 2015): focuses on opioid addiction.
• Mental Health Court (started 2015): for people with a diagnosed mental illness, after conviction.
• Veterans Treatment Court (started 2010): for veterans who are not violent offenders, with mentors from the veteran community.
• OWI Treatment Court (started 2019): for high-risk repeat drunk-driving offenders.

Brown County's treatment courts take people after conviction, often as part of a probation sentence or as an alternative to revocation, and programs typically last a year or more. Referrals usually come through the defense lawyer, the DA or the probation agent. Those who finish may receive a reduced sentence, while those who drop out can face the jail or prison term that was held over them. A person released on bail who wants to be screened should raise it early with the defense attorney, including a State Public Defender lawyer.

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Misdemeanor (for example, theft, battery, disorderly conduct, a second OWI)

Retail thefts, bar fights downtown and near Lambeau Field on game days, domestic disturbances and repeat drunk-driving cases fill much of the misdemeanor calendar on Jefferson Street.

From arrest to first court date

A person arrested for a misdemeanor in Brown County is often released from the Brown County Jail the same day on a signature bond or a citation with a court date. Domestic abuse arrests are the main exception: the person is generally held until a commissioner sets conditions, and the 72-hour no-contact rule applies after release. At the initial appearance the defendant receives the complaint, enters a plea (usually not guilty at this stage), and applies for a State Public Defender lawyer if needed.

What Brown County misdemeanor charges carry

• Theft of property worth $2,500 or less, including shoplifting: Class A misdemeanor, up to 9 months in the county jail and a fine of up to $10,000.
• Battery: Class A misdemeanor; when the victim is a family or household member, a domestic abuse modifier is added, which brings a mandatory assessment and can make later charges more serious.
• Disorderly conduct: a Class B misdemeanor, which in a Brown County case means as much as 90 days in jail and a $1,000 maximum fine.
• Criminal trespass to a dwelling: Class A misdemeanor.
• Class C misdemeanors carry up to 30 days and a fine of up to $500.
• Second OWI inside a 10-year window: charged in the circuit court as a misdemeanor, with at least 5 days and up to 6 months behind bars, plus a fine, revocation, an alcohol and drug assessment and an ignition interlock. A first OWI, by contrast, is a civil matter in Brown County's municipal or circuit court: a $150 to $300 forfeiture plus costs, revocation for 6 to 9 months, an assessment, and an interlock when the test showed 0.15 or higher or the driver refused; a child under 16 in the car turns it into a crime. A fourth OWI is generally a felony.

How cases end

Most Brown County misdemeanors are resolved by agreement: dismissal, deferred prosecution, a reduction to an ordinance violation, a fine, probation, or jail time, which a judge often allows to be served with Huber privileges. A defendant who goes to trial faces a jury of 6. A defendant who demands a speedy trial in writing is generally entitled to have a misdemeanor tried within 60 days, subject to exceptions. Expect two to six months from the first appearance to the end of the case.

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Felony (for example, burglary, felony theft, drug possession with intent to deliver, substantial battery)

Felony charges filed in Green Bay range from break-ins and vehicle thefts to methamphetamine and fentanyl delivery cases built by drug investigators from the Sheriff's Office and local departments. Every felony stays in the Brown County Circuit Court from start to finish.

Steps in a Brown County felony case

1. Complaint and initial appearance. The District Attorney files a criminal complaint, and the defendant appears before a court commissioner, usually by video from the Brown County Jail. The commissioner sets bail and conditions and confirms that the defendant has applied for a State Public Defender lawyer.
2. Preliminary hearing. The state must show probable cause that a felony was committed. For a defendant sitting in the Brown County Jail because the bail amount is out of reach, that hearing has to begin within 10 days of the first appearance; a defendant on release gets 20 days. Many defendants waive it, often as part of negotiations.
3. Information and arraignment. Once a commissioner or judge binds the case over for trial, prosecutors file the formal charge, called an information, and the defendant is arraigned on it, typically pleading not guilty.
4. Pretrial stage. Discovery, motions to suppress evidence, and plea negotiations follow before the assigned judge. A written speedy-trial demand generally requires trial within 90 days for a felony, with exceptions.
5. Plea or trial. Plea agreements settle the large majority of Brown County felonies, and a case that is tried goes to 12 jurors whose verdict has to be unanimous.
6. Sentencing. Before sentencing, the judge can ask a Department of Corrections agent to prepare a presentence investigation report.

Penalty ranges for Brown County felony charges

• Burglary: a Class F felony, which exposes a Brown County defendant to as much as 12.5 years and a $25,000 fine.
• Theft over $2,500: Class I (up to 3.5 years) when the value is up to $5,000, Class H (up to 6 years) up to $10,000, and Class G (up to 10 years) above that.
• Possession with intent to deliver: the felony class turns on which drug was involved and how much, so maximum penalties in Brown County drug cases vary widely.
• Substantial battery is a Class I felony; aggravated battery is charged as Class H or, with intent to cause great bodily harm, Class E (up to 15 years).
• Other felony maximums: Class D, 25 years; Class C, 40 years; Class B, 60 years.

Under Wisconsin's truth-in-sentencing law, a prison sentence is bifurcated: a term of initial confinement followed by extended supervision in the community. Parole was abolished for offenses committed after 1999, but an eligible inmate may earn earlier release by completing the Challenge Incarceration Program or the Substance Abuse Program. A Brown County sentence of one year or less is served on Curry Lane, while anything longer is served in state prison. Probation with conditional jail time is common for first-time offenders. Six months to a year is a typical timeline.

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Violent felony (for example, homicide, sexual assault, armed robbery)

Serious violent cases in Brown County follow the same felony path, but with closer attention to custody and much longer timelines. High cash bail and tight conditions are common here, and the 2023 change to the state constitution allows the Brown County court to factor in the risk of serious harm to the public when the charge is a violent crime. Many defendants remain at the Brown County Jail until the case ends.

What Wisconsin law provides

• First-degree intentional homicide is charged in Brown County as a Class A felony, and conviction brings a mandatory life sentence. The judge decides whether the person can ever petition for release to extended supervision, and when, or orders life without that possibility.
• Either second-degree intentional homicide or first-degree reckless homicide is a Class B felony carrying up to 60 years in a Brown County case.
• First-degree sexual assault: Class B, up to 60 years. Some offenses against young children carry mandatory minimum terms of confinement.
• Armed robbery: a Class C felony punishable by up to 40 years and a $100,000 fine; a robbery committed without a weapon drops to Class E.

Capital punishment has not existed in Wisconsin since the Legislature abolished it in 1853.

What to expect

Forensic testing at the State Crime Laboratory, expert witnesses and extensive motions mean a Brown County homicide or sexual assault case often runs one to two years before a verdict. Victims and their families have rights under Marsy's Law, including notice, the chance to be heard at bail and sentencing hearings, and restitution; the DA's victim/witness unit is the contact. Defendants without the means to hire counsel are represented through the State Public Defender, often by an experienced staff attorney or a private lawyer with serious felony experience.

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Juveniles (under 17) arrested in Brown County

A Brown County teenager who is 17 at the time of the offense goes straight to adult court, because Wisconsin's juvenile system stops at 16. Juvenile court, which in Brown County is the circuit court sitting in its juvenile capacity at the Jefferson Street courthouse, handles delinquency cases for children aged 10 through 16.

Intake

When police refer a juvenile case, an intake worker from Brown County Health & Human Services, 111 N. Jefferson Street, (920) 448-6000, reviews it. The intake worker may close the referral, set up a deferred prosecution agreement (counseling, restitution or community service, for example), or send the file to the Brown County District Attorney, whose office decides whether a delinquency petition will be filed.

Secure detention

A child who is considered a danger or a flight risk can be held at the Brown County Juvenile Detention Center, 3030 Curry Lane, (920) 391-6883. A child held in custody is entitled to a hearing before a judge or court commissioner promptly, generally within 24 hours after the end of the day on which intake decided to hold the child, not counting weekends and legal holidays. Every child facing a delinquency petition is entitled to counsel, and the State Public Defender takes juvenile cases regardless of the family's income.

How cases end

• A consent decree, which suspends the case while the child follows conditions; if the child complies, the petition is dismissed
• A finding of delinquency with in-home supervision, community service, restitution, treatment or electronic monitoring
• A placement outside the home, for example with a foster family, in a group home or at a residential treatment center
• A Type 2 placement, where the county supervises the youth under correctional rules, or Type 1 commitment to the state's juvenile prisons in Lincoln County: Lincoln Hills School (boys) and Copper Lake School (girls)
• The Serious Juvenile Offender program for some youths found delinquent of very serious offenses

Adult prosecution of Brown County youths

Prosecutors can petition the Brown County juvenile court for a waiver sending a youth, usually one at least 14 depending on the charge, to adult court, and a judge rules after a hearing. In a narrower group of cases, the adult court has original jurisdiction from the start: a child 10 or older accused of first-degree intentional homicide or an attempt, first-degree reckless homicide or felony murder, and a youth with a prior delinquency adjudication accused of certain new serious offenses. In some of those cases the adult court can still impose juvenile dispositions. Juvenile records and hearings are generally confidential.

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Federal cases (U.S. District Court) from Brown County

Brown County cases charged under federal law belong to the Eastern District of Wisconsin and are assigned to its Green Bay Division. Federal cases from the county are heard downtown at the federal courthouse on South Jefferson Street, a short walk from the county courthouse.

• U.S. District Court Clerk, Green Bay Division, 125 S. Jefferson Street, Suite 102, Green Bay, WI 54301, (920) 884-3720
• Green Bay branch of the U.S. Attorney's Office (Eastern District of Wisconsin), 205 Doty Street, Suite 301, Green Bay, WI 54301, (920) 884-1066
• Federal Pretrial Services and Probation office, Room 301 of the federal courthouse at 125 S. Jefferson Street, Green Bay, WI 54301, (920) 884-7780
• Federal Defender Services of Wisconsin, with offices in Green Bay, Milwaukee and Madison, defends people who cannot afford a lawyer in federal court; if the office has a conflict, a private Criminal Justice Act (CJA) panel attorney is appointed.

When a Brown County case becomes federal

In the Green Bay area, federal investigators team up with local departments on drug distribution rings, guns in the hands of people legally barred from them, bank robberies, internet crimes against children, and fraud schemes. A single arrest can lead to either a state or a federal charge, and the prosecutors decide which system takes the case.

Oneida Nation lands. The Oneida Reservation lies west of Green Bay, in Brown and Outagamie counties, around Hobart and Oneida. Wisconsin is a Public Law 280 state, so crimes on the Oneida Reservation are generally prosecuted by the State of Wisconsin in the Brown County Circuit Court, the same as anywhere else in the county, and the Oneida Police Department works with county and local agencies. The Oneida Nation Judiciary (P.O. Box 19, Oneida, WI 54155, (920) 496-7200) handles matters under tribal law. This is different from the Menominee Reservation, where the state's Public Law 280 authority was returned to the federal government and serious crimes involving tribal members go to federal court. Federal laws that apply everywhere, such as drug and firearms statutes, still apply on Oneida land.

The federal process

The State Public Defender's Green Bay office does not take federal charges, so representation in this court comes from the Federal Defender or the CJA panel. A person arrested on a federal charge from Brown County is taken before a U.S. magistrate judge at the Jefferson Street federal courthouse, told of the charges, and given a Federal Defender or CJA lawyer if eligible. Instead of setting cash bail, federal judges apply the Bail Reform Act, choosing between release on conditions monitored by the Green Bay Pretrial Services office and detention; when prosecutors ask for detention, the hearing generally takes place within three court days. If the case began with a complaint, a grand jury indictment must follow within 30 days, and the 70-day trial deadline in the Speedy Trial Act is often extended. Guilty pleas resolve most federal cases, and a trial requires a unanimous 12-person jury.

Sentencing follows a presentence report by a U.S. probation officer, with the judge weighing the advisory federal Guidelines and any mandatory minimum the statute requires. Because the federal system has no parole, a Brown County defendant sentenced to prison can expect to serve about 85 percent of the term in a Bureau of Prisons facility before starting supervised release. Appeals are taken to the Seventh Circuit, which sits in Chicago.

Locating a federal prisoner

The Federal Bureau of Prisons inmate locator lists people in Bureau of Prisons custody and can be searched by name or by register number. Before trial, a federal defendant may be boarded at the Brown County Jail under a U.S. Marshals contract and may also appear on that jail's inmate roster. Federal prosecution of juveniles from Brown County is rare.

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