Fond du Lac County Jail Criminal Court Process
Criminal Court Process for Fond du Lac County Wisconsin
Fond du Lac County runs from the south shore of Lake Winnebago down to the Kettle Moraine, with the city of Fond du Lac as its seat. Its Fond du Lac County Circuit Court has five branches, all in the City-County Government Center on South Macy Street, while the joint Lakeside Municipal Court and a small Rosendale court take local ordinance tickets. Charges are brought by the elected Fond du Lac County District Attorney. Adults held after arrest go to the Fond du Lac County Jail, operated by the Sheriff's Office next to the courthouse.
- Fond du Lac County Circuit Court (Branches 1 through 5) and Clerk of Circuit Court, City-County Government Center, 160 South Macy Street, Fond du Lac, WI 54935; Clerk (920) 929-3040
- Fond du Lac County District Attorney, City-County Government Center, 160 South Macy Street, Fond du Lac, WI 54935, (920) 929-3048
- Fond du Lac County Sheriff's Office, 180 South Macy Street (P.O. Box 1273), Fond du Lac, WI 54935, non-emergency (920) 929-3390; administration (920) 929-3372
- Fond du Lac County Jail, 180 South Macy Street, Fond du Lac, WI 54935, through the Sheriff's Office at (920) 929-3390
- Wisconsin State Public Defender, Fond du Lac office (serves Fond du Lac and Green Lake counties), 25 3rd Street, Fond du Lac, WI 54935, (920) 929-3990
- Fond du Lac County Department of Social Services (juvenile intake and youth justice), 87 Vincent Street, Fond du Lac, WI 54935, (920) 929-3500; after hours (920) 906-5555
Which court hears your case. Ordinance tickets, and a first-offense OWI, which Wisconsin treats as a civil forfeiture unless a child under 16 was riding along, belong to the municipal court of the community where the stop or incident happened. For Fond du Lac, Ripon, North Fond du Lac, Campbellsport, Oakfield and most surrounding villages and towns, that means the Lakeside Municipal Court; Rosendale keeps a court of its own. A forfeiture written where no municipal court has jurisdiction, as with State Patrol and many deputy citations, is filed instead in the Fond du Lac County Circuit Court. Every misdemeanor and criminal traffic charge, including a second OWI or operating after revocation, is heard by that circuit court, as is every felony from first appearance and preliminary hearing to trial. Criminal files are divided among the five branches, and a court commissioner conducts many of the first hearings.
Where pretrial inmates are held. Whether the arrest is made by a deputy, a Fond du Lac city officer, or a Waupun, Ripon or village officer, the person is taken to the Fond du Lac County Jail at 180 South Macy Street. Those not released on a citation or a signature bond wait there to see a court commissioner or judge, usually by the next business day and often over video. To confirm that someone is in custody and what must be posted, call the Sheriff's Office at (920) 929-3390.
- Local courts in Fond du Lac 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 Fond du Lac County
- Federal cases (U.S. District Court) from Fond du Lac County
1. Local courts in Fond du Lac County (circuit court and municipal courts)
Fond du Lac County, part of the Fourth Judicial Administrative District, has a single circuit court building downtown and one large joint municipal court covering most of its cities and villages.
Circuit court
- Fond du Lac County Circuit Court, Branches 1, 2, 3, 4 and 5, City-County Government Center, 160 South Macy Street, Fond du Lac, WI 54935. Clerk of Circuit Court (criminal, traffic, forfeiture files and hearing dates): (920) 929-3040
Municipal courts
- Lakeside Municipal Court, office at 16 Garfield Street, North Fond du Lac, WI 54937, (920) 924-2479. Its Fond du Lac County members are the City of Fond du Lac, the City of Ripon, the villages of Brandon, Campbellsport, Eden, Fairwater, North Fond du Lac, Oakfield and St. Cloud, and the towns of Auburn, Calumet, Empire, Fond du Lac, Friendship, Oakfield, Osceola, Ripon and Taycheedah; several Green Lake County cities belong as well. Fond du Lac city cases are called in the first-floor Legislative Chambers of the City-County Government Building, 160 South Macy Street, and each citation shows the date, time and room.
- Rosendale Municipal Court (Village of Rosendale), P.O. Box 284, Rosendale, WI 54974, (920) 872-2441
Waupun, a city that straddles the Dodge County line, is not a Lakeside member, nor are Mount Calvary and the remaining towns; tickets from those places normally go to the circuit court unless the municipality operates its own court, and the citation will name the right one. A Wisconsin municipal court rules only on ordinance violations, imposing forfeitures, costs and license penalties; jail enters the picture only in narrow circumstances tied to nonpayment. Lakeside rulings are appealed to the Fond du Lac County Circuit Court, and in some instances a defendant may be able to request transfer of a municipal case to circuit court, so read the deadlines on the paperwork right away.
Prosecution, defense and youth services
- Fond du Lac County District Attorney, 160 South Macy Street, Fond du Lac, WI 54935, (920) 929-3048; Victim/Witness Assistance (920) 929-7049
- State Public Defender, Fond du Lac office, 25 3rd Street, Fond du Lac, WI 54935, (920) 929-3990
- Fond du Lac County Department of Social Services, 87 Vincent Street, Fond du Lac, WI 54935, (920) 929-3500
Law enforcement
- Fond du Lac County Sheriff's Office, 180 South Macy Street, Fond du Lac, WI 54935, (920) 929-3390
- Fond du Lac Police Department, 126 North Main Street, Fond du Lac, WI 54935, (920) 322-3700
- North Fond du Lac Police Department, 16 Garfield Street, North Fond du Lac, WI 54937, (920) 929-3760
- Ripon Police Department, 100 East Jackson Street, Ripon, WI 54971, (920) 748-2888
- Waupun Police Department, 16 East Main Street, Waupun, WI 53963, (920) 324-7911
- Campbellsport Police Department, 470 Grandview Avenue, Campbellsport, WI 53010, (920) 533-5391
- Oakfield Police Department, 105 West White Street, Oakfield, WI 53065, (920) 517-1570
- Rosendale Police Department, 211 North Grant Street, Rosendale, WI 54974, (920) 872-5050
- Brandon-Fairwater Police Department, 115 North Center Street, Brandon, WI 53919, (920) 346-5555
Cash bail in a Fond du Lac County circuit case is paid at the jail or, on weekdays, to the Clerk of Circuit Court on South Macy Street. Commercial bondsmen do not operate anywhere in Wisconsin.
2. Misdemeanor (for example, theft, battery, disorderly conduct, a second OWI)
Most Fond du Lac County misdemeanor files start in the county seat or along Highways 41 and 151: shoplifting at the big-box stores, fights near Main Street bars, domestic calls, paraphernalia, and repeat drunk driving.
The first day or two
Plenty of people charged with a misdemeanor here go home the same day. An officer may hand out a citation or summons, or the jail may let the person sign a bond, a promise to come to court that can name a sum owed only if a hearing is missed. Anyone kept at the Fond du Lac County Jail is brought before a court commissioner or judge, generally inside 48 hours. Domestic abuse cases carry extra rules: officers must arrest in many situations, and after release the accused person has to stay away from the alleged victim for 72 hours unless the victim signs a waiver. At that first hearing on South Macy Street, the defendant receives the complaint and the court sets conditions such as a cash amount, sobriety, or no contact with a named person. Family members post cash at the jail or the clerk's window.
Getting a lawyer
Staff from the State Public Defender's office on 3rd Street, (920) 929-3990, interview people in the jail and take applications at the office. The income limits are tight, and someone over them who still cannot afford counsel may ask the Fond du Lac County judge about a county-paid appointment.
Penalty ranges in Fond du Lac County
- Class A misdemeanors, punishable in Fond du Lac County by as much as 9 months in jail and a $10,000 fine, include theft of $2,500 or less, battery, criminal damage, and entering someone's home without consent.
- Class B misdemeanors carry a ceiling of 90 days and $1,000. Disorderly conduct is the familiar example, and in a family or household setting the DA usually adds a domestic abuse modifier, which brings a surcharge and a firearm ban.
- Class C misdemeanors top out at 30 days in jail and a $500 fine.
- A second OWI within ten years is a crime that requires at least 5 days and as much as 6 months behind bars, plus a fine, revocation, an assessment and an interlock device. Third and later offenses climb from there, and a fourth is generally charged as a felony.
- A first OWI stays civil: a $150 to $300 forfeiture plus costs, revocation of 6 to 9 months, an assessment, and an interlock if the result reached 0.15 or the driver refused testing.
Endings
Some first-time defendants are offered a deferred prosecution agreement by the District Attorney, and the charge is dropped once they finish its terms. Others resolve the case through an amended charge, a fine, probation or jail, where Huber privileges often let the person keep working or attend treatment. A Fond du Lac misdemeanor jury has six members, and a defendant who demands a speedy trial is generally entitled to one within 60 days, with exceptions. Most Fond du Lac misdemeanors close within two to six months.
3. Felony (for example, burglary, felony theft, drug possession with intent to deliver, substantial battery)
On the Fond du Lac County felony calendar you will find methamphetamine and fentanyl deliveries traced along Highway 41, break-ins at garages and farm buildings, fourth and fifth OWIs, and employee thefts.
How a Fond du Lac felony moves
- Jail. After a felony arrest the person is booked at the Fond du Lac County Jail and normally stays until the first court date.
- Complaint. An assistant district attorney reads the reports and drafts a sworn criminal complaint laying out each count.
- Initial appearance. The commissioner or judge addresses bail, sets conditions and asks about counsel. Since the 2023 amendment to the state constitution, a court looking at a violent charge may factor in the risk of serious harm to the community when fixing cash bail.
- Preliminary hearing. A judge on the Fond du Lac bench decides whether the evidence shows probable cause for a felony. Someone jailed because the bail is out of reach is entitled to this hearing within 10 days, and others within 20; waivers are common in Fond du Lac plea talks.
- Information and arraignment. After bindover the prosecutor files the information, which replaces the complaint, and the defendant answers it with a plea.
- Resolution. Negotiated pleas settle the large majority. If not, twelve jurors hear the case and must be unanimous, and a felony speedy trial demand generally starts a 90-day clock, subject to exceptions.
What the example charges carry
- Burglary is a Class F felony in Wisconsin, carrying up to 12.5 years and a $25,000 fine.
- Felony theft runs on value: more than $2,500 is a Class I (3.5 years maximum) up to $5,000, a Class H (6 years) up to $10,000, and a Class G (10 years) beyond that.
- Possession with intent to deliver is graded by substance and quantity, from a Class I for a modest amount of marijuana to a Class C when the weight of heroin, fentanyl, cocaine or meth is large.
- Substantial battery is Class I; aggravated battery is Class H, rising to Class E if the person meant to cause great bodily harm.
Sentencing in Fond du Lac County
Under truth in sentencing, a Wisconsin prison sentence has two parts, initial confinement followed by extended supervision, and nobody sentenced for a post-1999 crime is paroled. A judge may still declare someone eligible for the Challenge Incarceration Program or the Substance Abuse Program, which can shorten confinement. Terms under one year are served in the Macy Street jail, and anything longer means state prison under the Department of Corrections. First felonies often end in probation, sometimes with jail as a condition. Six to twelve months is typical from charge to sentence, and lawyers from the State Public Defender, or private lawyers it appoints, carry many of these cases.
4. Violent felony (for example, homicide, sexual assault, armed robbery)
The gravest Fond du Lac County cases use the same felony steps, only slower and with more riding on the first hearing. The District Attorney typically asks for a large cash bail, and under the 2023 amendment the court may consider the danger of serious harm when it sets one for a violent offense. A defendant who cannot raise the money stays at the Fond du Lac County Jail until the case ends.
Penalty ranges
- First-degree intentional homicide (Class A): life in prison is mandatory, and the sentencing judge in Fond du Lac either sets the earliest date for an extended supervision petition or denies release altogether.
- Second-degree intentional homicide and first-degree reckless homicide are each Class B felonies, punishable by up to 60 years.
- First-degree sexual assault (Class B): up to 60 years, with mandatory minimum prison time for some crimes against young children.
- Armed robbery (Class C): a Fond du Lac County judge may impose as much as 40 years and $100,000. Plain robbery, with no weapon, is a Class E felony carrying a 15-year maximum.
No Fond du Lac County case can bring a death sentence; Wisconsin ended capital punishment in 1853.
What families should expect
DNA and phone forensics, expert testimony and motions about competency or suppression mean twelve to twenty-four months before a verdict is common. Under Marsy's Law, part of the state constitution since 2020, crime victims may receive notice, attend and speak; the victim/witness unit at (920) 929-7049 manages that. Fond du Lac defendants who qualify get a lawyer through the State Public Defender's 3rd Street office.
5. Juveniles (under 17) arrested in Fond du Lac County
Seventeen-year-olds are charged as adults in Wisconsin. Youths from 10 through 16 accused of crimes are handled by the Fond du Lac County Circuit Court acting as juvenile court, in the same Macy Street building.
Intake
Officers send the referral to juvenile intake at the Fond du Lac County Department of Social Services, 87 Vincent Street, (920) 929-3500. The intake worker chooses among release to a parent, a non-secure placement, or secure custody, and may also close the matter, set up a deferred prosecution agreement with services, or send it to the District Attorney with a recommendation to file a delinquency petition.
Secure detention
The county has its own facility, the Fond du Lac County Juvenile Detention Center at 63 Western Avenue in Fond du Lac, which accepts youth from other counties as well. For a child held there, Wisconsin law generally calls for a custody hearing in front of a judge or court commissioner within 24 hours of the intake decision, leaving out weekends and legal holidays. Parents are told of the hearing, and a lawyer from the State Public Defender represents the child in a delinquency case whatever the family earns.
Possible results
- A deferred prosecution agreement or a consent decree, under which the case is put on hold while the young person meets set conditions.
- An adjudication of delinquency with home supervision, restitution, community service, counseling, or out-of-home placement in foster care, a group home or a residential treatment center.
- In the most serious matters, Type 1 placement in state juvenile corrections at Lincoln Hills School for boys or Copper Lake School for girls, a Type 2 placement, or the Serious Juvenile Offender program.
Adult court
Prosecutors can petition to waive a youth into adult court starting at 14 for a list of serious felonies and at 15 for any felony. Adult court also has original jurisdiction, with no waiver needed, when a child 10 or older is accused of first-degree intentional homicide or its attempt, first-degree reckless homicide or felony murder, and over certain previously adjudicated youths charged with particular new crimes. Juvenile records in Wisconsin are, for the most part, confidential.
6. Federal cases (U.S. District Court) from Fond du Lac County
Federal crimes charged in Fond du Lac County belong to the Eastern District of Wisconsin and are handled in its Milwaukee division, roughly 65 miles south of the county seat.
- U.S. District Court, Eastern District of Wisconsin, U.S. Courthouse, 517 East Wisconsin Avenue, Milwaukee, WI 53202; Clerk (414) 297-3372
- U.S. Attorney's Office, Eastern District of Wisconsin, 517 East Wisconsin Avenue, Suite 530, Milwaukee, WI 53202, (414) 297-1700
- Federal Defender Services of Wisconsin, 411 East Wisconsin Avenue, Suite 2310, Milwaukee, WI 53202, (414) 221-9900; conflict cases go to private lawyers on the Criminal Justice Act panel
- Probation and Pretrial Services for the Eastern District, 517 East Wisconsin Avenue, Room 001, Milwaukee, WI 53202, (414) 297-1425
When a Fond du Lac matter goes federal
Large meth or fentanyl rings draw federal agents into local task force cases. Gun possession by people barred by a felony or domestic violence record, bank robbery, online child exploitation, and fraud against banks, the mail or federal programs are other frequent federal charges. Crimes on federal property, including national wildlife refuge land around Horicon Marsh near the county's southern edge, may be prosecuted federally too. No federally recognized tribe has reservation land in Fond du Lac County; the Brothertown Indian Nation, headquartered in the city of Fond du Lac, lacks federal recognition.
Inside the Milwaukee courthouse
Federal charges fall outside the State Public Defender's work. A Fond du Lac County resident arrested on a federal charge first sees a federal magistrate judge in Milwaukee. Where prosecutors seek to hold the defendant, a detention hearing normally takes place within three court days. Federal court has no commercial bail industry: under the Bail Reform Act the magistrate either releases the person on conditions monitored by Pretrial Services or orders him or her held. A Fond du Lac defendant charged by complaint must be indicted within 30 days, and the 70-day Speedy Trial Act clock is often paused or extended. Guilty pleas resolve most federal cases from the county, and a jury verdict must be unanimous among twelve. Sentencing follows a presentence investigation and the advisory Guidelines, plus any statutory minimum. With no parole in the federal system, a prisoner serves about 85 percent of the term in a Bureau of Prisons facility, then a period of supervised release. The Seventh Circuit Court of Appeals, sitting in Chicago, hears appeals.
Finding someone in federal custody
Families can type a name or register number into the Federal Bureau of Prisons inmate locator to learn where a sentenced federal prisoner is housed. People held for federal court in a county jail through a Marshals Service contract can also appear on that jail's own inmate list. Federal prosecution of Fond du Lac County juveniles is uncommon.
This page summarizes how criminal cases generally move through the Fond du Lac County courts and is not legal advice; procedures, schedules and statutes change. For guidance on a particular charge, consult a Wisconsin defense lawyer or apply to the State Public Defender's Fond du Lac office at (920) 929-3990. The Fond du Lac County Sheriff's Office, (920) 929-3390, can say whether a person is being held.
Criminal Court Process for Fond du Lac County Wisconsin
Fond du Lac 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 Fond du Lac 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, Fond du Lac 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 Fond du Lac 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 Fond du Lac 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, Fond du Lac County or a city or town. The prosecuting attorney for Fond du Lac 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 Fond du Lac 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 Fond du Lac 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 Fond du Lac 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 Fond du Lac 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 Fond du Lac 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.
