Dodge County Detention Facility Criminal Court Process
Criminal Court Process for Dodge County Wisconsin
Dodge County's government is based in the small city of Juneau, even though Beaver Dam, Watertown's northern half and Waupun are its population centers. Every state criminal case here goes to the Dodge County Circuit Court, whose four branches sit in the Justice Facility on West Center Street in Juneau, while ordinance citations are heard by joint municipal courts based in Beaver Dam, Fox Lake and Horicon and by a few other local courts. Charges are brought by the elected Dodge County District Attorney, whose office is in the same building. Adults taken into custody are held next door at the Dodge County Detention Facility, operated by the Sheriff.
- Dodge County Circuit Court, Justice Facility, 210 W. Center Street, Juneau, WI 53039; Clerk of Circuit Court (920) 386-3570
- Dodge County District Attorney, Justice Facility, 210 W. Center Street, Juneau, WI 53039, (920) 386-3610
- Dodge County Sheriff's Office, 124 West Street, Juneau, WI 53039, (920) 386-3726
- Dodge County Detention Facility, 216 W. Center Street, Juneau, WI 53039, (920) 386-3734
- Wisconsin State Public Defender, Juneau office, 820 N. Main Street, Suite 2, Juneau, WI 53039 (mail: P.O. Box 146), (920) 386-5577
- Dodge County Human Services and Health Department, Child and Adolescent Services (juvenile justice and child protection), Henry Dodge Office Building, 199 County Road DF, Juneau, WI 53039, (920) 386-3750; main line (920) 386-3500
Which court hears your case. In Dodge County, an ordinance violation or a first-offense OWI is a civil matter punished by forfeiture, not a crime (the exception is a first OWI with a passenger under 16), and it is heard by the municipal court that covers the city, village or town where the ticket was written; where no municipal court exists, it goes to the circuit court in Juneau. A misdemeanor or a criminal traffic offense such as a second OWI or operating after revocation is filed in the Dodge County Circuit Court, with cases divided among Branches 1 through 4 and a court commissioner. Every felony, from the initial appearance through any trial, also stays in that circuit court.
Where pretrial inmates are held. The Sheriff's detention facility in Juneau holds both sentenced and unsentenced men and women, so a person waiting for a Dodge County court date is normally housed there. To check on custody status or how to post bail, call the detention facility at (920) 386-3734; Wisconsin does not license bail bondsmen, so any cash amount is paid in full by the defendant or someone on their behalf.
- Local courts in Dodge County (circuit court and municipal courts)
- Misdemeanor (for example, theft, battery, disorderly conduct, a second OWI)
- Felony (for example, burglary, felony theft, drug possession with intent to deliver, substantial battery)
- Violent felony (for example, homicide, sexual assault, armed robbery)
- Juveniles (under 17) arrested in Dodge County
- Federal cases (U.S. District Court) from Dodge County
Local courts in Dodge County (circuit court and municipal courts)
Dodge County communities have pooled their ordinance cases into a handful of joint municipal courts, so the court that handles a local ticket is often based in a neighboring city. Watertown, Hartford and Randolph cross into other counties, and each uses a court shared with the rest of that community.
Circuit court
- Dodge County Circuit Court, Justice Facility, 210 W. Center Street, Juneau, WI 53039. Clerk of Circuit Court (920) 386-3570; Register in Probate, which keeps juvenile files, (920) 386-3550. Four judges and a court commissioner hear criminal, traffic and juvenile matters. Office hours are 8:00 a.m. to 4:30 p.m. on weekdays.
Municipal courts
- Beaver Dam Joint Municipal Court (Cities of Beaver Dam, Mayville and Waupun; Towns of Ashippun, Beaver Dam and Rubicon; Village of Neosho), 123 Park Avenue, Beaver Dam, WI 53916, (920) 887-4622. Office hours are Monday through Thursday.
- Fox Lake Joint Municipal Court (City of Fox Lake and the Villages of Brownsville, Lomira, Iron Ridge and Theresa), P.O. Box 105, Fox Lake, WI 53933, (920) 325-9092
- Town of Fox Lake Municipal Court, W10543 County Road F, Fox Lake, WI 53933, (920) 296-6451; sessions start at 5:30 p.m. on scheduled evenings
- Horicon Joint Municipal Court (City of Horicon and Village of Hustisford), 220 Ellison Street, Horicon, WI 53032, (920) 485-4376
- Watertown Municipal Court (all of Watertown, including the wards in Dodge County), 106 Jones Street, Watertown, WI 53094, (920) 206-4203
- Mid-Moraine Municipal Court (a Washington County-based joint court whose members include the City of Hartford, a small part of which lies in Dodge County), 321 N. Main Street, Suite 201, West Bend, WI 53095, (262) 334-5700
- Eastern Columbia County Joint Municipal Court (includes the Village of Randolph, which straddles the Dodge–Columbia line), 165 E. Dodge Street, Wyocena, WI 53969, (608) 429-2323
Juneau, Lowell, Reeseville and the other towns and villages that do not belong to one of these courts send their ordinance and first-OWI citations to the circuit court. Municipal judges decide forfeiture cases only. They cannot order jail as a punishment, although a person who ignores a judgment can be jailed or lose driving privileges for nonpayment. Depending on the type of case, a defendant may be able to have the matter moved to or reviewed by the circuit court, for instance by asking for a jury or filing an appeal, so check the deadline with the municipal court clerk.
Prosecution, defense, police and juvenile intake
- Dodge County District Attorney, 210 W. Center Street, Juneau, WI 53039, (920) 386-3610. The office prosecutes crimes, state traffic violations and juvenile delinquency cases and runs a deferred prosecution program.
- State Public Defender, Juneau office, 820 N. Main Street, Suite 2, Juneau, WI 53039, (920) 386-5577, which serves Dodge County
- Dodge County Sheriff's Office, 124 West Street, Juneau, WI 53039, (920) 386-3726
- Beaver Dam Police Department, 123 Park Avenue, Beaver Dam, WI 53916, (920) 887-4614
- Waupun Police Department, 16 E. Main Street, Waupun, WI 53963, (920) 324-7411
- Watertown Police Department, which also patrols the Dodge County side of the city, 106 Jones Street, Watertown, WI 53094, (920) 261-6660
- Mayville Police Department, 25 S. School Street, Mayville, WI 53050, (920) 387-7903
- Horicon Police Department, 220 Ellison Street, Horicon, WI 53032, (920) 485-3555
- Juneau Police Department, 128 E. Cross Street, Juneau, WI 53039, (920) 386-4810
- Lomira Police Department, 425 Water Street, Lomira, WI 53048, (920) 269-4900
- Fox Lake Police Department, 248 E. State Street, Fox Lake, WI 53933, (920) 928-2105
- Hustisford Police Department, 201 S. Lake Street, Hustisford, WI 53034, (920) 349-3122
- Village police in Theresa (920) 488-4444, Iron Ridge (920) 387-3300, Brownsville (920) 583-4087, Lowell (920) 927-5797 and Reeseville (920) 927-5272
- Dodge County Human Services and Health Department, Child and Adolescent Services, 199 County Road DF, Juneau, WI 53039, (920) 386-3750
Release decisions, including cash bail amounts, are made in the circuit court by a judge or the court commissioner, never by a municipal judge.
Misdemeanor (for example, theft, battery, disorderly conduct, a second OWI)
Retail thefts in Beaver Dam, repeat OWI arrests on Highways 26, 33 and 151, and domestic disturbances make up a large share of the Dodge County misdemeanor calendar.
The first day or two
A person arrested by a deputy or city officer is booked at the Dodge County Detention Facility in Juneau. For many lower-level charges the jail can release the person on a signature bond, essentially a signed promise to appear that may list an amount owed only after a missed court date, or officers may simply issue a citation with a court date. In domestic abuse cases, Wisconsin's arrest rules often require custody, and a released person must avoid the alleged victim and that residence for 72 hours unless the victim signs a waiver. If the person stays locked up, a judge or court commissioner in Juneau reviews the case at an initial appearance, generally within 48 hours and often over video. The court can keep the signature bond or set a cash amount, along with conditions such as sobriety, no contact or a curfew.
Lawyers and court dates
The initial appearance is where a defendant receives the complaint and enters a plea. The State Public Defender's Juneau office at (920) 386-5577 accepts applications from Dodge County defendants who face possible jail; the financial standard is strict, and a judge may decide to appoint counsel at county cost for someone who does not qualify but genuinely cannot hire a lawyer. Plea negotiations happen at pretrial conferences. A Dodge County misdemeanor jury has six members, and a jailed defendant who files a speedy trial demand is generally entitled to trial within 60 days, though there are exceptions.
Penalty ranges a Dodge County court can impose
- Class A misdemeanor: up to 9 months and up to $10,000. Battery, criminal trespass to a dwelling, and theft or retail theft of $2,500 or less fall here.
- Class B misdemeanor: up to 90 days and up to $1,000. Disorderly conduct is Class B and often carries a domestic abuse designation, which adds a surcharge and firearm consequences.
- Class C misdemeanor: a cap of 30 days in jail and a $500 fine.
- OWI: a first offense brings a $150–$300 forfeiture plus costs, 6 to 9 months of revocation and an assessment, with an ignition interlock required at 0.15 or higher or after a refusal. A second offense within 10 years becomes a misdemeanor with mandatory confinement of 5 days to 6 months. A fourth offense is generally a felony.
Possible results include dismissal, deferred prosecution, a fine, probation or jail time, and Dodge County judges frequently grant Huber privileges so a sentenced person can leave for work or treatment. A typical Dodge County misdemeanor wraps up in two to six months.
Felony (for example, burglary, felony theft, drug possession with intent to deliver, substantial battery)
Dodge County is home to several state prisons, including the institutions at Waupun and Fox Lake, and offenses alleged inside them, such as assaults on staff or smuggled drugs, can be charged in the Dodge County Circuit Court alongside the county's ordinary burglary, theft and drug cases.
How a felony moves through the Justice Facility
- Charging. While the arrested person waits in the Dodge County Detention Facility, the District Attorney decides what to charge and files a criminal complaint.
- Initial appearance. A judge or court commissioner reads the charges and sets bail, which may be a signature bond or a cash amount with conditions. For people charged with violent crimes, a 2023 constitutional amendment allows the court to consider the risk of serious harm when setting conditions and cash bail.
- Preliminary hearing. A defendant held because they cannot post bail generally gets this hearing within 10 days, others within 20. The only question is probable cause that the person committed a felony, and the hearing is frequently waived as part of negotiations.
- Information and arraignment. The District Attorney files an information, the formal charging document, and the defendant enters a plea.
- Resolution. Most Dodge County felonies end in plea agreements. A trial uses a jury of 12 who must all agree, and a speedy trial demand generally sets a 90-day deadline, subject to exceptions.
Felony classes and the example charges
- Maximum prison terms run from 3.5 years (Class I) to 6 (H), 10 (G), 12.5 (F), 15 (E), 25 (D), 40 (C) and 60 years (B), with Class A carrying life.
- Burglary: a Class F felony when someone enters a building or home intending to steal or commit another felony.
- Felony theft: Class I when the value is over $2,500 but no more than $5,000, Class H up to $10,000, and Class G for more.
- Substantial battery: Class I. Aggravated battery is charged as Class H, or Class E if great bodily harm was intended.
- Possession with intent to deliver: the class depends on the drug and the amount, with heroin, fentanyl, cocaine and methamphetamine treated much more severely than marijuana.
Wisconsin prison sentences are bifurcated into initial confinement and extended supervision, and parole does not exist for offenses committed after 1999. A judge may declare someone eligible for the Challenge Incarceration Program or the Substance Abuse Program, which can shorten confinement. Terms of less than a year are served in the county jail, and longer ones in the Department of Corrections, often after intake at Dodge Correctional Institution in Waupun. Most felonies take six to twelve months, and the State Public Defender's Juneau office handles representation for those who qualify.
Violent felony (for example, homicide, sexual assault, armed robbery)
When a homicide, sexual assault or armed robbery is charged in Dodge County, prosecutors usually ask for high cash bail and tight conditions, and defendants who cannot post it remain at the Dodge County Detention Facility throughout the case.
What the statutes provide
- First-degree intentional homicide is Class A, and conviction means a life sentence; the Dodge County judge decides whether and when the person may petition for release to extended supervision.
- A conviction for second-degree intentional homicide or for first-degree reckless homicide in Juneau can lead to as long as 60 years, since both are Class B.
- First-degree sexual assault is another Class B offense, punishable by up to 60 years, and certain assaults of young children carry mandatory minimum prison time.
- Armed robbery, Class C, can bring 40 years and a $100,000 fine; robbery without a dangerous weapon is a Class E felony.
No death sentence is possible in a Dodge County courtroom, because Wisconsin ended capital punishment in 1853.
Timeline and rights
These prosecutions follow the felony steps above but often take one to two years, because crime-lab work, expert witnesses and motions to suppress evidence take time. Marsy's Law, added to the state constitution in 2020, gives victims the right to be notified of hearings, to attend, and to speak at sentencing, and the District Attorney's victim/witness coordinator in Juneau, (920) 386-3610, explains those services. The State Public Defender represents eligible defendants, often through experienced private attorneys under appointment.
Juveniles (under 17) arrested in Dodge County
Juvenile court in Dodge County is the circuit court in Juneau hearing delinquency cases for children aged 10 to 16. A 17-year-old is charged in adult criminal court under Wisconsin law and, if not released, is held at the Dodge County Detention Facility like any other adult.
Who screens the case
Law enforcement sends juvenile referrals to the Child and Adolescent Services unit of the Dodge County Human Services and Health Department, 199 County Road DF, Juneau, (920) 386-3750. Intake staff meet with the youth and family and may close the case, arrange a deferred prosecution agreement, or recommend formal action. The District Attorney, who represents the state in delinquency matters, decides whether to file a petition.
If a child is detained
The county has no secure juvenile detention center of its own. A youth who needs to be held is typically placed in a center in a nearby county that takes Dodge County referrals, such as the Washington County Juvenile Detention Center in West Bend or the Fond du Lac County Juvenile Detention Center, and intake staff can tell parents which one. Wisconsin law generally calls for a custody hearing within 24 hours after the intake worker decides to hold the youth, with weekends and legal holidays excluded. At that hearing the judge or court commissioner decides whether the child goes home with conditions, to a shelter, or stays detained. Children in delinquency cases are entitled to a lawyer, provided through the State Public Defender.
Outcomes
- Informal handling, a deferred prosecution agreement or a consent decree, any of which can end without a delinquency finding if the youth complies.
- A delinquency adjudication with home supervision, restitution, community service, school requirements or treatment.
- Placement with relatives or in foster care, a group home or a residential treatment program.
- For the most serious cases, a Type 2 placement, a Type 1 commitment to Lincoln Hills School (boys) or Copper Lake School (girls), or the Serious Juvenile Offender program.
Transfer to adult court
A youth 14 or older, and in limited circumstances a younger one, can be waived into adult court if the juvenile judge grants the District Attorney's petition. Some cases begin in adult court automatically: a child aged 10 or older accused of attempted or completed first-degree intentional homicide, first-degree reckless homicide or felony murder, and certain previously adjudicated youths who are accused of specified new offenses. Records of juvenile proceedings are generally confidential.
Federal cases (U.S. District Court) from Dodge County
Federal prosecutions arising in Dodge County belong to the Eastern District of Wisconsin and are assigned to its Milwaukee Division, which sits in the federal courthouse on East Wisconsin Avenue. Neighboring Columbia and Jefferson counties, by contrast, are in the Western District.
- Clerk of the Eastern District of Wisconsin (where Dodge County federal cases are filed): U.S. Courthouse, 517 East Wisconsin Avenue in Milwaukee (53202), phone (414) 297-3372
- Federal prosecutors: the U.S. Attorney's Office for the Eastern District, Suite 530 of the same Milwaukee courthouse building, (414) 297-1700
- Federal Defender Services of Wisconsin, whose Milwaukee lawyers work from Suite 2310 at 411 East Wisconsin Avenue (53202), (414) 221-9900; when that office has a conflict, the court appoints a private lawyer from its Criminal Justice Act panel
- Probation and Pretrial Services, Eastern District, Milwaukee, (414) 297-1425
When federal charges are filed
Federal agents and the U.S. Attorney typically pursue large drug distribution cases, guns possessed by people barred from having them, bank robbery, child sexual exploitation and fraud schemes. Dodge County also contains the federally managed Horicon National Wildlife Refuge, where some offenses may be prosecuted federally, although state wardens and deputies also have authority there. Crimes committed inside the state prisons at Waupun and Fox Lake are state matters, not federal ones. No reservation lies within Dodge County, and since Wisconsin is a Public Law 280 state, tribal-land offenses in most of Wisconsin are prosecuted in state court; the Menominee Reservation is the notable exception.
The federal process in Milwaukee
Someone arrested by federal agents in Dodge County makes a first court appearance before a U.S. magistrate judge in Milwaukee, who explains the charges and appoints counsel for those who cannot pay. Commercial bail bond companies play no role. Applying the Bail Reform Act, the magistrate decides between release on conditions supervised by Pretrial Services and detention, and a detention hearing requested by the government is ordinarily held within three court days. A case started by complaint generally requires a grand jury indictment within 30 days, and the Speedy Trial Act's 70-day limit for trial is often extended by the judge. Federal juries have 12 members and must be unanimous, but the great majority of defendants plead guilty.
Sentencing comes after a presentence investigation by a probation officer, with the judge applying the advisory Guidelines and any mandatory minimum. Federal law has no parole, so a prisoner serves about 85 percent of the sentence in a Bureau of Prisons facility before supervised release begins. Appeals from the Milwaukee courthouse go to the Seventh Circuit Court of Appeals in Chicago. Juveniles are rarely charged federally.
Finding a federal inmate
The Federal Bureau of Prisons inmate locator lets families look up a Dodge County defendant by name or register number once the person is in federal prison. Before trial, a federal defendant may instead be housed in a county jail that contracts with the U.S. Marshals Service, and in that case the person may also be listed on that jail's own inmate roster.
This guide summarizes how criminal cases generally proceed in Dodge County, Wisconsin; it is not legal advice, and court schedules, phone numbers and jail rules can change. Anyone facing a charge should consult a lawyer licensed in Wisconsin. To ask about a public defender, apply at the jail or call the State Public Defender's Juneau office at (920) 386-5577; for custody information, call the Dodge County Detention Facility at (920) 386-3734 or the Sheriff's Office at (920) 386-3726.
Criminal Court Process for Dodge County Wisconsin
Dodge County Wisconsin Criminal Court System – Definitions
It might be helpful to define some words that will be used on this site, when explaining the Wisconsin Court System and how it works. The definitions on this site are for general information and not legal advice. It is always preferred to follow information given by your attorney or local authorities.
If you scroll down below this content, and the listing of the courts in Dodge County, you will find a simple flowchart diagram and a video that will help you visualize the stages of the Criminal Court Process.
Arrest is when Wisconsin, Dodge County or local police take a person into custody and start the legal process. The arrested person may or may not be immediately jailed.
In less serious crimes, the person may only be given a citation ordering that they appear in municipal or Dodge County court on a certain date. In cases involving more serious crimes, the person is usually placed in the county jail until an arraignment, or a judge decides the next step.
Booking is when the Dodge County sheriff or local police gather information such as the detainee’s name, address and why the person is being arrested. Booking also includes fingerprinting, criminal history, investigation, and verification of identity. Bail for lower-level crimes may be set right after booking so the arrested can “bail or bond out” before being detained.
The prosecution, sometimes called “the government” or “the people” or “the state” is the side that presses the charges and seeks punishment for the offense. These are attorneys that work for the state of Wisconsin, Dodge County or a city or town. The prosecuting attorney for Dodge County or the district is called the District Attorney or Assistant District Attorney. A U.S. Attorney prosecutes federal cases.
Jurisdiction is an important term in the court system that means whether a court has the obligation or duty or right to handle a case. For example, if you run a red light in your town or city, a municipal court would likely have jurisdiction over your case, but the next town or city over would not have jurisdiction over your case. If you attempted to flee from police when they attempted to stop you after you ran the red light, it becomes a more serious crime, and the municipal court might not have jurisdiction so you might be assigned to a higher-level court that has jurisdiction over the more serious crime. Jurisdiction varies from state to state and sometimes county to county.
Arraignment is when a judge determines whether the charges are supported by the prosecution’s initial evidence and tells the arrested what they are charged with, and the person says whether they are guilty or not guilty. At this time, the person is called the defendant, and the opposing side is called the prosecution. If there is reason to believe that the arrested is guilty, the judge will set bail conditions or send the defendant to jail or release them ROR (release on recognizances). An arraignment is not a trial, and the defendant is entitled to a trial within a reasonable amount of time after the arraignment.
Bail is money paid that is held by the Dodge County or municipal court to make sure that the arrested does not flee the area before their trial. Bail amounts and other conditions are determined at the arraignment. Once the case is over, the bail money is returned to the defendant. If a person does not pay bail, they remain in the Dodge County Jail until their trial.
Bail can be denied if the court feels that the arrested would be a danger to others if released. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance without having to pay bail.
A bond proceeding is the determination of how much bail is to be paid and usually happens at the same time as an arraignment. During bond proceedings, the defendant can have an attorney present but does not have the right to an attorney. A judge or court officer in the {county extended} or municipal court sets bail. Judges in Wisconsin rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Judges can still exercise discretion in setting bail above or below the recommended range.
Wisconsin is one of a few states that does not allow posting bail for profit, meaning that a court or bondsman cannot charge a percentage of the bond as in other states. If the defendant fails to appear in court when required to, the police or sheriff’s office will be given a warrant to arrest the defendant.
If the defendant is not released on their own recognizance, the Dodge County court will allow the defendant, family or friend to pay up to 10% of the bail/bond amount. If the defendant does not appear in court, the court keeps the 10% and the court could demand the full bail amount and place an arrest warrant through the sheriff’s department.
If possible, it is important to have family involvement after being arrested. Not only can they make calls and communicate on your behalf, but family support will show the court that there are people who will make sure that the defendant makes it to court.
A criminal defense attorney (also called lawyer or counsel) is hired or retained to represent the arrested as early as possible after the arrest. If there is a chance that the case might go to trial and the defendant cannot afford an attorney, the 6th Amendment of the U.S. Constitution requires that the court provide an attorney. This is called indigent representation and a public defender or assigned attorney would represent the defendant in all proceedings. Indigent representation is only available misdemeanor and felony cases that could result in jail time, juvenile cases, and certain appeal cases.
If the arrested cannot afford a lawyer, the Wisconsin court would assign indigent representation, usually called a public defender in Wisconsin or a contracted attorney in special cases to represent the person for free or a small fee or a reduced rate. A right to an attorney is in the 6th Amendment of the U.S. Constitution; that all people that are going to be heard in trial are entitled to be represented by a lawyer and if they cannot afford one, the court will provide one.
Indigent representation is available for juvenile cases, certain appeals, misdemeanor and felony cases that could result in jail time. In Wisconsin, a violation does not result in jail time, so the State of Wisconsin is not obligated to provide an attorney. In Wisconsin, all indigent defense is funded by the state and not the county. The following link will take you to the Wisconsin State Public Defender site.
For less serious cases or civil cases, there are pro bono volunteers who volunteer legal services for free or for a small fee. They often will hold clinics to teach people how to represent themselves in court or expunge their record which means to legally erase or eliminate a criminal or arrest record from public view. The State Bar of Wisconsin offers a webpage regarding pro bono and reduced rate attorney services at the following link.
Many courts will provide forms and help for people who want to represent themselves, called pro se. Here is a link for legal self-help in Wisconsin.
The following link provides self-help information for juvenile matters.
A district court can refer to the first level of the legal system, or a minor court. District courts are in the community. A district court can also refer to a U.S. Federal District Court that hears federal cases. There are two U.S. federal district courts in Wisconsin, with offices throughout the state. It is important that you check the address of the court you are to appear in rather than to ask someone because that person might give you directions to the wrong “district” court. Being late to court can land you in custody as well.
Pretrial proceeding is the process where both sides (prosecution and defense) gather information, interview witnesses, request records, videos etc. Pretrial proceedings also include communications with the judge assigned to the case and these appearances are either in person or by on-line conferencing. Some pretrial proceedings may not require a defendant’s appearance, allowing an attorney to appear in their place. The information that is gathered is called discovery and both sides must share the information that they have gathered. This information does not include conversations between the arrested and their attorney.
Most cases do not go to trial because both sides reach a plea deal, where both sides try to reach a reasonable punishment based on what was learned in the pretrial proceedings. A plea deal can only happen if the accused person admits they are guilty in exchange for a lighter punishment. The reason they must admit guilt is because it would not be fair to punish someone who claims they are not guilty. There are times in plea bargaining when the prosecution agrees to give a lighter sentence in exchange for information leading to the arrest of a more serious criminal related to the crime.
Trial is where both sides share their information in front of a judge or a judge and jury. After listening to all the evidence, the judge or jury decides the verdict which is whether the person is guilty or not guilty. If a court has only a judge hearing both sides, it is called a bench trial. If a jury is selected, it is called a jury trial. If the defendant is found not guilty, they are released. If they are found to be guilty, the next step is sentencing.
Sentencing is the punishment that the judge decides the person should get. This could be jail or prison time, fines, community service, probation, or a combination.
Appeal is asking for a higher court to hear the case again at an appellate court. If the accused person thinks something went wrong at trial or has new information that was not available during the trial or that the sentence is too harsh, the defense attorney can ask for an appeal. It is not unusual for an appeal when there is a long jail sentence, but an appeal can be denied if the appellate court feels that the original trial or sentencing was fair.
Wisconsin Misdemeanor vs Felony
In Wisconsin, a misdemeanor is divided into Class A or B or C. Examples of misdemeanors are trespassing, simple assault, petty theft and shoplifting.
- Class A misdemeanors have punishments of jail for up to 9 months and/or pay a fine up to $10,000.
- Class B misdemeanors have punishments of jail for up to 90 days and/or pay a fine up to $1000.
- Class C misdemeanors have punishments up to 30 days and fines up to $500.
A felony crime is a more serious crime than a misdemeanor and are divided into different classes which are general guidelines and are based on the crime, prior criminal history and other factors. Examples of felony crimes are murder, rape, theft, aggravated assault, drug trafficking, kidnapping and identity theft.
In Wisconsin, felonies are divided into 9 classes.
- Class A being the most serious that results in life imprisonment.
- Class B has a maximum sentence of 60 years in state prison.
- Class C has a maximum sentence of 40 years in state prison and/or $100,000 fine.
- Class D has a maximum sentence of 25 years in state prison and/or $100,000 fine.
- Class E has a maximum sentence of 15 years in state prison and/or $50,000 fine.
- Class F has a maximum sentence of 12 years in state prison and/or $25.000.
- Class G has a maximum sentence of 10 years in state prison and/or $25,000 fine.
- Class H has a maximum sentence of 6 years in state prison and /or $10,000 fine and
- Class I has a maximum sentence of 3 ½ years in state prison and/or a fine of $10,000.
The Dodge County Clerk of Court is an elected official whose responsibilities for Criminal Court’s administrative issues include receiving criminal warrants, receiving bail, creating the trial schedule, receiving fees, fines and maintaining court records.
A warrant is used to get someone to appear in court or to law enforcement. There must be good reason to believe that the person is involved in a crime. The warrant gives authority to arrest the person and search for evidence for the investigation of the crime.
A criminal summons is issued to request that a person appear in court at a particular time and date. It does not involve an arrest. A traffic ticket, summary citation or lesser misdemeanor could be considered a summons if you are given a court date.
A summary citation, commonly referred to as a ticket, is a criminal summons by a law enforcement officer either in person or via mail accusing the defendant of a minor offense, stating potential fine, listing the court having jurisdiction and instructions for addressing the issue. Defendants may or may not be required to appear in court or handle the matter by entering a plea via mail.
Fines are usually paid to the District Court or clerk of court and payment methods can be found on the District Court or Dodge County Clerk of Court website. If you do not pay your fine on time, you can lose your driver’s license, must pay additional fees or even have a warrant for your arrest. It is important to read the instructions on the ticket issued by the police officer or court at the time of your arrest. For a parking ticket or summary citation, the fine amount and how to send payment should be on the ticket.
Wisconsin Criminal Court System - How it Works
Municipal courts are the same as a city or town court and handle violations of city ordinances (city laws), traffic violations, parking violations and criminal misdemeanor offenses such as disorderly conduct, underage drinking and trespassing that occur within the city or towns police jurisdiction. There are 229 municipal courts in Wisconsin and some towns use a court jointly.
Circuit courts handle misdemeanors and felonies from beginning (preliminary hearings) to end (settlement or trial). Circuit courts also handle some traffic matters and juvenile cases.
Specialty Courts serve people who would benefit from alcohol, drug and other rehabilitative services. Wisconsin offers a problem-solving court that oversees specialty courts as drug treatment, OWI, mental health, juvenile, domestic violence and veterans courts.
The Wisconsin Courts of Appeal will hear cases and correct errors or allow information from the lower courts that lead to the appeal. They do not hear the case as if it were new.
The Wisconsin Supreme Court is like our United States’ Supreme Court because it has a panel of judges that rule on matters that have to do with someone’s constitutional rights or policies and laws. The Wisconsin State Supreme Court deals with the state constitution or laws or policies. Sometimes the Supreme Court will hear criminal cases on appeal when there is a question on the state laws or procedures that lead to the appeal.
The criminal cases are usually referred from the district courts of appeal.
FEDERAL COURT
Federal Court deals with crimes involving violations of United States laws. Federal crimes include federal drug trafficking, federal tax evasion and fraud that crossed state lines and include crimes that occur on federal property as post offices or federal buildings.
Cases involving crimes that involve the FBI or DEA or Immigration agencies are federal crimes. Terrorism is a federal crime.
There are some differences in the Federal court system as compared to the Wisconsin state court system. For example, the attorneys who work for the courts are called United States Attorneys and Federal judges are called District Court Judges (not to be confused by local state district courts).
Federal Magistrate Judges hear the case early on, but they do not decide on the cases at a trial like the Federal District Court Judges. In a federal case, a grand jury is used for indictments.
There are two U.S. Federal Judicial Districts in Wisconsin.
