Jackson County Jail Criminal Court Process

Search for an Inmate or Active Arrest Warrant in Jackson County

Criminal Court Process for Jackson County Wisconsin

Black River Falls, on Interstate 94 where it crosses the Black River, is the county seat of Jackson County and the headquarters of the Ho-Chunk Nation. The Jackson County Circuit Court has two branches, both in the courthouse at 307 Main Street, and it hears every misdemeanor and felony charged in the county; the village of Hixton has provided by ordinance for a municipal court to hear its local tickets. Prosecutions are handled by the elected Jackson County District Attorney. After an arrest, adults are held by the Sheriff at the Jackson County Jail on North Third Street, which is also where cash bail is usually posted.

  • Jackson County Circuit Court (Branches 1 and 2), Jackson County Courthouse, 307 Main Street, Black River Falls, WI 54615; Clerk of Circuit Court (715) 284-0208 or (715) 284-0243
  • Jackson County District Attorney, Courthouse, 307 Main Street, 2nd Floor, Black River Falls, WI 54615, (715) 284-0239
  • Jackson County Sheriff's Office, 30 North Third Street, Black River Falls, WI 54615, (715) 284-9009; non-emergency dispatch (715) 284-5357
  • Jackson County Jail, 30 North Third Street, Black River Falls, WI 54615, (715) 284-9009
  • Wisconsin State Public Defender, Black River Falls office (Jackson, Trempealeau and Clark counties), 438 North Water Street, Black River Falls, WI 54615, (715) 400-5350
  • Jackson County Department of Health and Human Services (juvenile intake), 420 Highway 54 West, P.O. Box 457, Black River Falls, WI 54615, (715) 284-4301

Which court hears your case. Ordinance violations and a first-offense OWI, which in Wisconsin is a non-criminal forfeiture unless a child younger than 16 was riding along, are decided in the Jackson County Circuit Court for most of the county; a ticket written under a Hixton village ordinance may instead be returnable to the Hixton municipal court, and the citation will name the court. Any misdemeanor or criminal traffic charge, such as a second OWI or driving after revocation, is filed in the Jackson County Circuit Court, where the two branches split the criminal and traffic calendar. Felonies stay in the same court from the initial appearance and preliminary hearing through trial and sentencing.

Where pretrial inmates are held. The Sheriff's building on North Third Street in Black River Falls holds the county's only adult jail. Arrests by Black River Falls officers, Ho-Chunk Nation police, deputies covering Alma Center, Hixton, Merrillan and Taylor, and State Patrol troopers on I-94 all lead to booking there. Jail staff answer questions about inmates at (715) 284-9009.

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

Jackson County has just one city, Black River Falls, along with small villages such as Alma Center, Hixton, Melrose, Merrillan and Taylor. The 2021 state directory of municipal courts lists no court in the county, but the village of Hixton has adopted an ordinance establishing a municipal court. Black River Falls and the other communities do not appear in that directory, so their tickets generally go to circuit court unless the municipality has its own court; the citation will say which. Municipal judges decide ordinance cases only, impose forfeitures rather than criminal sentences, and can order jail only when a forfeiture goes unpaid. A defendant can sometimes have a municipal case transferred to the circuit court, for instance by asking in time for a jury trial.

Courts

  • Jackson County Circuit Court, 307 Main Street, Black River Falls, WI 54615. Two branches; Clerk of Circuit Court (criminal, traffic and forfeiture cases) (715) 284-0208 or (715) 284-0243.
  • Hixton Municipal Court (village of Hixton), 145 East Main Street, Hixton, WI 54635, (715) 963-3732; call the village to confirm session dates.
  • Ho-Chunk Nation Trial Court, Black River Falls: the tribe's own court, which hears matters under Ho-Chunk law. Contact the Nation's main office at (715) 284-9343.

Other offices

  • Jackson County District Attorney, 307 Main Street, 2nd Floor, Black River Falls, (715) 284-0239
  • State Public Defender, Black River Falls office, 438 North Water Street, (715) 400-5350
  • Jackson County Sheriff's Office and the Jackson County Jail, 30 North Third Street, Black River Falls, (715) 284-9009; the Sheriff also provides contracted patrol for Alma Center, Hixton, Merrillan and Taylor
  • Black River Falls Police Department, 101 South Second Street, Black River Falls, WI 54615, (715) 284-7101
  • Ho-Chunk Nation Police Department, P.O. Box 667, Black River Falls, WI 54615, (715) 284-2658
  • Juvenile intake: Jackson County Department of Health and Human Services, 420 Highway 54 West, Black River Falls, (715) 284-4301; after hours (715) 284-5357

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

Interstate traffic, the Ho-Chunk Gaming casino in Black River Falls and summer visitors to the Black River State Forest all feed the Jackson County misdemeanor calendar, which is heavy with retail theft, drunk driving, domestic disputes and disorderly conduct.

Release after booking

Many people charged with a misdemeanor get a citation and a court date without being jailed. Someone who is booked into the Jackson County Jail may be let out on a signature bond, which costs nothing at release but makes the person liable for a set amount if they skip court. If cash is set, it must be paid in full at the jail or the clerk's office by the defendant or someone on their behalf, because commercial bondsmen are not allowed in Wisconsin. A domestic abuse arrest comes with a 72-hour no-contact period with the alleged victim, which only the victim can waive in writing. People who are held usually see a judge or court commissioner within about 48 hours of arrest, often by video from the jail.

Appointed counsel

Jackson County is unusual in having a State Public Defender office in its own county seat, a few blocks from the courthouse at 438 North Water Street ((715) 400-5350). Applications can be started at the jail or at the office. Those who fail the SPD's strict financial test but still cannot afford an attorney may ask the circuit court to appoint one at county expense.

Misdemeanor penalties, Jackson County examples

  • Shoplifting or other theft up to $2,500: Class A, with as much as 9 months in the Black River Falls jail and a $10,000 fine.
  • Battery: Class A; a domestic abuse designation adds a surcharge and triggers the federal gun prohibition.
  • Disorderly conduct: Class B, with a Jackson County maximum of 90 days and $1,000.
  • Second OWI (within 10 years of the first one): jail is mandatory, from 5 days to 6 months, plus a longer revocation and an ignition interlock. A first offense is not a crime; it brings a forfeiture of $150 to $300 plus costs, a 6- to 9-month revocation, an assessment, and an interlock when the test reached 0.15 or the driver refused.
  • Criminal trespass to a dwelling: Class A. A Class C misdemeanor, at the bottom of the scale, allows up to 30 days and $500.

Six jurors decide a misdemeanor trial in Black River Falls. Far more cases end with a plea bargain, a deferred prosecution agreement or a dismissal than with a verdict. Probation, fines and short jail terms served with Huber work-release privileges are the usual sentences, and most cases wrap up in two to six months. A speedy trial demand generally entitles the defendant to trial within 60 days.

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

Drugs moving along Interstate 94, burglaries of hunting cabins and rural homes, embezzlement and fourth or subsequent OWI arrests, generally charged as felonies, are frequent felony cases in Jackson County.

Steps in a Jackson County felony

  • Initial appearance. Once the DA files the complaint, the court decides whether it states probable cause and sets bail as a signature bond or cash, often with conditions like no alcohol, no contact or staying out of a particular place. Under a 2023 constitutional amendment, judges handling violent-crime cases may take the risk of serious harm into account when they set conditions and cash.
  • Preliminary hearing. Required within 10 days for a defendant who is jailed because they cannot post the cash amount, and within 20 days for others. Waivers are common.
  • Information and arraignment. If the judge binds the case over for trial, the District Attorney files an information and the defendant pleads to it.
  • Plea or jury trial. Most felonies end in a negotiated plea. A trial requires a unanimous verdict from 12 jurors, and a defendant who files a speedy trial demand generally must be tried within 90 days.

How the example felonies are classed

  • Burglary: Class F, so a Jackson County judge could impose up to 12 years and 6 months and a $25,000 fine.
  • Theft of more than $2,500: Class I (up to 3.5 years); over $5,000 it becomes Class H (6 years), and over $10,000 Class G (10 years).
  • Possession with intent to deliver: the penalty class depends on which drug and how much, reaching Class C for the largest amounts.
  • Substantial battery: Class I, exposing a Jackson County defendant to as much as 3.5 years. Aggravated battery is Class H or, with intent to cause great harm, Class E.

Prison sentences in Wisconsin are bifurcated under truth in sentencing: a period of initial confinement is followed by extended supervision in the community, and parole does not exist for crimes after 1999. Terms of one year or less are served in county jail. The Challenge Incarceration and Substance Abuse programs can lead to earlier release for those found eligible. Most felony cases in Black River Falls take six months to a year, and the State Public Defender's local office handles many of them.

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

Jackson County sees few violent felonies, and investigators from the state Division of Criminal Investigation often assist local agencies with homicides and serious assaults. Defendants are generally held at the Jackson County Jail while the case is pending unless they can post the high cash bail that is usual in these cases.

Penalty ranges

  • First-degree intentional homicide: Class A, carrying mandatory life imprisonment; at sentencing the judge sets a date for possible extended supervision or rules it out.
  • Two Class B felonies, second-degree intentional homicide and first-degree reckless homicide, are each punishable by up to 60 years.
  • First-degree sexual assault: Class B; several offenses against young children have mandatory minimum terms.
  • Armed robbery: Class C, as much as 40 years. Plain robbery, with no dangerous weapon, is a Class E felony carrying up to 15 years.

Wisconsin has had no death penalty since 1853.

What to expect

A homicide or sexual assault prosecution in Jackson County commonly lasts one to two years, slowed by forensic testing, expert witnesses, competency questions and pretrial motions. Defendants who qualify are represented by the State Public Defender, which assigns staff attorneys or contracted private lawyers to the most serious cases. Victims are guaranteed notice of hearings and the chance to be present and heard under Marsy's Law, a 2020 constitutional amendment; the District Attorney's victim/witness staff can be reached at (715) 284-0239.

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Juveniles (under 17) arrested in Jackson County

In Jackson County, children from 10 through 16 who are accused of crimes go to the circuit court sitting as juvenile court. Anyone 17 or older is prosecuted as an adult under Wisconsin law.

How intake works

A police referral goes to the youth justice intake staff at Jackson County Health and Human Services, 420 Highway 54 West ((715) 284-4301). Intake can close the matter, offer a deferred prosecution agreement or refer it to the District Attorney to consider a delinquency petition. If a child is held in custody, a judge or court commissioner should hold a custody hearing within 24 hours of the intake decision, excluding weekends and legal holidays.

Secure detention

Jackson County does not have its own juvenile detention center. When secure detention is needed, the youth is typically taken to a center in another county under contract, for example the La Crosse County Juvenile Detention Center. Intake staff or the Sheriff's dispatch line at (715) 284-5357 can tell a parent where the child is.

Range of dispositions

  • Deferred prosecution or a consent decree that ends in dismissal when the child completes it.
  • Home supervision, possibly with counseling, electronic monitoring, restitution or community service.
  • Out-of-home care, including foster, group-home or residential treatment placement or a Type 2 placement.
  • Type 1 commitment to the state's Lincoln Hills School or Copper Lake School, or the Serious Juvenile Offender program for the most serious acts.

Adult court for some youths

Prosecutors can petition to waive a child aged 14 or older into adult court for certain charges, and waiver is possible for some younger children in very serious cases. For first-degree intentional homicide or an attempt, first-degree reckless homicide and felony murder, adult court has original jurisdiction starting at age 10; the same is true for some juveniles previously adjudicated delinquent who are accused of specified new offenses. The State Public Defender's Black River Falls office appoints lawyers for children in delinquency cases. Juvenile records are generally kept confidential.

Ho-Chunk youth who are arrested in the county are generally subject to the same state juvenile process, since Public Law 280 gives Wisconsin courts jurisdiction on Ho-Chunk lands; the tribe may also be involved through its own programs.

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

Federal prosecutions arising in Jackson County belong to the Western District of Wisconsin and are filed and heard in Madison, roughly two hours southeast of Black River Falls.

  • Western District clerk's office, Room 320 of the federal courthouse at 120 North Henry Street, Madison, (608) 264-5156
  • U.S. Attorney for the Western District, 222 West Washington Avenue, Suite 700, Madison, WI 53703, (608) 264-5158
  • Federal Defender Services of Wisconsin, Madison office at 22 East Mifflin Street (Suite 1000), (608) 260-9900; conflict cases go to private Criminal Justice Act panel attorneys

Typical federal cases from the county

Interstate 94 makes Jackson County a corridor for drug trafficking investigations, which are the most common federal cases, along with illegal gun possession by people with felony or domestic violence convictions, bank robbery, child sexual exploitation and fraud. The Ho-Chunk Nation's headquarters and trust lands are in and around Black River Falls. Wisconsin is a Public Law 280 state, and on Ho-Chunk land, as on every reservation in the state except Menominee, state courts have criminal jurisdiction, while the Ho-Chunk Nation's own courts handle matters under tribal law. Federal charges can still be brought there for crimes that are federal anywhere, such as trafficking or theft from a tribal gaming operation.

Steps in federal court

A U.S. magistrate judge conducts the first hearing, advises the defendant of the charges and appoints a lawyer if the person qualifies. Federal court has essentially no money bail; under the Bail Reform Act the judge releases the person on conditions monitored by Pretrial Services or orders them held, and when the government seeks detention the hearing usually takes place within three court days. Cases started by complaint need a grand jury indictment within 30 days. The Speedy Trial Act sets a 70-day deadline for trial, which is frequently extended.

Guilty pleas resolve most cases. Any trial verdict must be unanimous among 12 jurors. For sentencing, the court reviews a presentence report, calculates the advisory Guidelines and applies any mandatory minimum the statute requires. Federal prisoners do not get parole; they serve about 85 percent of the sentence with the Bureau of Prisons and then a term of supervised release. Appeals are taken to the Seventh Circuit Court of Appeals, seated in Chicago. Juveniles are rarely charged in federal court. Federal defendants apply for counsel through the court, separately from the State Public Defender.

Finding someone in federal custody

Look the person up with the Federal Bureau of Prisons inmate locator, using a name or a register number. A county jail that holds federal pretrial defendants for the U.S. Marshals may list them on its own roster as well.

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The information on this page describes the criminal court process in Jackson County, Wisconsin, in general terms and is not legal advice; local practices may change. Consult a Wisconsin defense attorney about your own situation. For a public defender, call the State Public Defender's Black River Falls office at (715) 400-5350; to ask about someone in jail, call the Jackson County Sheriff's Office at (715) 284-9009.

Criminal Court Process for Jackson County Wisconsin

Jackson 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 Jackson 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, Jackson 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 Jackson 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 Jackson 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, Jackson County or a city or town.  The prosecuting attorney for Jackson 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 Jackson 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 Jackson 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 Jackson 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 Jackson 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 Jackson 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.

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