Kenosha County Detention Center Criminal Court Process
Criminal Court Process for Kenosha County Wisconsin
Kenosha County is Wisconsin's southeastern corner, bordered by Illinois and Lake Michigan, and the City of Kenosha is its county seat. The Kenosha County Circuit Court, with eight branches, hears every state criminal case at the county courthouse on 56th Street, while municipal courts in Kenosha, Pleasant Prairie, Bristol, Somers and other communities take local ordinance tickets and most first-offense OWI citations. The Kenosha County District Attorney, an elected official, brings the charges. The Sheriff runs two adult facilities: the Kenosha County Pre-Trial Facility downtown, where people are booked and most await trial, and the Kenosha County Detention Center on the city's west side.
- Kenosha County Circuit Court, Kenosha County Courthouse, 912 56th Street, Kenosha, WI 53140; Clerk of Circuit Court (262) 653-2664; traffic (262) 653-2648; juvenile (262) 653-2677
- Kenosha County District Attorney, Molinaro Building, 912 56th Street, Kenosha, WI 53140, (262) 653-2400; victim-witness (262) 653-2471
- Wisconsin State Public Defender, Kenosha Trial Office, 604 57th Street, Suite 201, Kenosha, WI 53140, (262) 653-6404
- Kenosha County Sheriff's Office, Public Safety Building, 1000 55th Street, Kenosha, WI 53140, (262) 605-5100
- Kenosha County Pre-Trial Facility, 927 54th Street, Kenosha, WI 53140, intake and release (262) 605-5111
- Kenosha County Detention Center, 4777 88th Avenue, Kenosha, WI 53144, (262) 605-5800
- Kenosha County Juvenile Court Intake, Courthouse lower level (LL07), 912 56th Street, Kenosha, WI 53140, (262) 653-2494
- Kenosha County Division of Children and Family Services, 8600 Sheridan Road, Suite 200, Kenosha, WI 53143, (262) 697-4500
- Kenosha Police Department, Public Safety Building, 1000 55th Street, Kenosha, WI 53140, non-emergency (262) 656-1234
Which court hears your case. Ordinance violations, and a first-offense OWI, which Wisconsin treats as a civil forfeiture instead of a crime unless a passenger under 16 was in the vehicle, are heard by the municipal court of the city, village or town where the stop or incident happened, provided that community has a court; the City of Kenosha and Pleasant Prairie courts handle the largest numbers. Places without a municipal court, along with state forfeiture citations such as many State Patrol tickets on Interstate 94, send those cases to the circuit court's traffic calendar. Misdemeanors and criminal traffic offenses, such as operating after revocation or a second OWI, are filed in the Kenosha County Circuit Court. A felony also begins and ends in the circuit court: the initial appearance (usually in the courthouse's intake court), the preliminary hearing, the arraignment, and any trial and sentencing before one of the eight branch judges.
Where pretrial inmates are held. After arrest, adults are booked at the Pre-Trial Facility, the downtown jail beside the Public Safety Building at 927 54th Street, and people who cannot post bail are usually kept there while their cases move through the courthouse a block away. The Kenosha County Detention Center at 4777 88th Avenue houses sentenced inmates, work-release inmates and others as space requires, so a person can be moved between the two. For custody status or release questions, call intake and release at (262) 605-5111, or the Sheriff's main line at (262) 605-5100.
- Local courts in Kenosha County (circuit court and municipal courts)
- The Kenosha County Courthouse, the Molinaro Building and the eight branches
- After an arrest in Kenosha County: booking, intake court and release
- Kenosha County's two adult jails
- Getting a public defender in Kenosha County
- The District Attorney and Kenosha County's diversion and deferred prosecution program
- Treatment court and veterans court in Kenosha County
- 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 Kenosha County
- Federal cases (U.S. District Court) from Kenosha County
1. Local courts in Kenosha County (circuit court and municipal courts)
Kenosha County's crimes are all prosecuted in one place, the circuit court at 912 56th Street. Alongside it, several cities, villages and towns operate municipal courts, which are limited to local ordinance violations. Those cases are civil: the penalty is a forfeiture, and a municipal judge cannot impose jail as punishment, although jail or a license suspension can be ordered as a consequence of not paying a forfeiture. Depending on the type of case and the timing, a defendant may be able to have an ordinance case transferred to the circuit court, for instance by asking for a jury trial; the rules and deadlines are technical, so it is wise to ask the municipal court clerk or a lawyer promptly.
Kenosha County Circuit Court
- Kenosha County Courthouse, 912 56th Street, Kenosha, WI 53140; open 8 a.m. to 5 p.m. weekdays. Clerk of Circuit Court (262) 653-2664; traffic clerk (262) 653-2648; juvenile clerk (262) 653-2677
Municipal courts in Kenosha County
- Kenosha Municipal Court (City of Kenosha), 625 52nd Street, Kenosha, WI 53140, (262) 653-4220
- Pleasant Prairie Municipal Court (Village of Pleasant Prairie), 9915 39th Avenue, Pleasant Prairie, WI 53158, (262) 694-8923
- Somers Municipal Court (joint court for the Village and Town of Somers), courtroom at the Somers Village/Town Hall, 7511 12th Street, Kenosha, WI 53144 (mail: P.O. Box 197, Somers, WI 53171), (262) 859-0305
- Bristol Municipal Court (Village of Bristol), 19801 83rd Street, Bristol, WI 53104, (262) 857-2368
- Paddock Lake Municipal Court (Village of Paddock Lake), 6969 236th Avenue, Paddock Lake, WI 53168, (262) 843-9314
- Salem Lakes Municipal Court (Village of Salem Lakes; the state directory lists two branches), P.O. Box 443, Salem Lakes, WI 53168, (262) 843-2759
- Twin Lakes Municipal Court (joint court for the Village of Twin Lakes and the Town of Randall), P.O. Box 549, Twin Lakes, WI 53181, (262) 877-2269
- Wheatland Municipal Court (Town of Wheatland), P.O. Box 797, New Munster, WI 53152, (262) 537-4340
The towns of Brighton and Paris do not appear in the state's municipal court directory, so local tickets from those towns are generally handled in the circuit court. If a citation names a court that is not on this list, call the number on the citation to confirm where to appear.
Prosecutor, defense and juvenile intake
- Kenosha County District Attorney, Molinaro Building, 912 56th Street, Kenosha, WI 53140, (262) 653-2400
- State Public Defender, Kenosha Trial Office, 604 57th Street, Suite 201, Kenosha, WI 53140, (262) 653-6404
- Kenosha County Juvenile Court Intake, 912 56th Street, LL07, Kenosha, WI 53140, (262) 653-2494
- Division of Children and Family Services, 8600 Sheridan Road, Suite 200, Kenosha, WI 53143, (262) 697-4500
Law enforcement and the jails
- Kenosha County Sheriff's Office, 1000 55th Street, Kenosha, WI 53140, (262) 605-5100
- Kenosha County Pre-Trial Facility, 927 54th Street, Kenosha, WI 53140, (262) 605-5111
- Kenosha County Detention Center, 4777 88th Avenue, Kenosha, WI 53144, (262) 605-5800
- Kenosha Police Department, 1000 55th Street, Kenosha, WI 53140, non-emergency (262) 656-1234
- Pleasant Prairie Police Department, 10111 39th Avenue, Pleasant Prairie, WI 53158, non-emergency (262) 694-7353
- Twin Lakes Police Department (Village of Twin Lakes), chief's office (262) 877-9056
- University of Wisconsin-Parkside Police Department, 900 Wood Road, Kenosha, WI 53144 (campus)
Kenosha County shares a single dispatch number, (262) 656-1234, for non-emergency calls. Sheriff's deputies patrol the western towns and villages that do not have their own police force, and the State Patrol covers Interstate 94 near the Illinois line. Anyone charged with a crime who cannot pay a lawyer should call the Kenosha Trial Office of the State Public Defender.
2. The Kenosha County Courthouse, the Molinaro Building and the eight branches
Kenosha's justice center is compact. The historic courthouse at 912 56th Street and the attached Molinaro Building house the courtrooms, the Clerk of Circuit Court and the District Attorney. One block north, the Public Safety Building at 1000 55th Street is home to both the Sheriff's Office and the Kenosha Police Department, and the Kenosha County Pre-Trial Facility sits beside it, so in-custody defendants are a short walk or video link from court.
The branches and the intake court
The Kenosha County Circuit Court has eight branches, numbered 1 through 8, each with an elected judge. The judges share felony, misdemeanor, civil, family and juvenile work according to assignments set by the court, and those assignments change over time. Busy hearing rooms include Courtroom 300 and Courtroom 101, and an intake court handles initial appearances for people who were arrested, including the setting of bail. The intake court staff line is (262) 653-2891.
Finding the right clerk
The Clerk of Circuit Court's criminal staff divide files by the defendant's last name, which helps when calling about a case:
- last names A through C: (262) 653-2884
- D through H: (262) 653-2681
- I through M: (262) 653-2660
- N through S: (262) 653-2662
- T through Z: (262) 653-2756
Traffic files are at (262) 653-2648 and juvenile files at (262) 653-2677. Kenosha County is part of the Second Judicial Administrative District with Racine and Walworth counties, and its appeals are heard by District II of the Wisconsin Court of Appeals in Waukesha, with possible further review by the Wisconsin Supreme Court.
3. After an arrest in Kenosha County: booking, intake court and release
Whether the arresting officer works for the Kenosha Police, Pleasant Prairie, the Sheriff or the State Patrol, an adult taken into custody in the county is brought to the Kenosha County Pre-Trial Facility for booking: identification, fingerprints, photographs, a property inventory, a warrant check and medical questions. On many misdemeanor arrests, the person leaves after booking with a citation or a signature bond and a date to appear.
The intake court appearance
Someone who stays in custody is brought before a judge or court commissioner in the courthouse intake court, generally within 48 hours of arrest and often by video from the jail. The District Attorney must have a criminal complaint ready or show probable cause to keep the person. The court then decides release terms:
- Signature bond: the defendant signs a promise to appear and to follow conditions, and in some cases agrees to owe a set amount on a missed court date.
- Cash bail: a dollar amount that must be posted before release, with conditions attached.
- Conditions: common ones are no contact with a named person, no alcohol or controlled substances, no weapons, and staying away from a location; violating them can lead to a new bail-jumping charge.
Wisconsin judges look mainly at whether the defendant will return to court and at protecting the community. Under a constitutional amendment approved by voters in 2023, a judge setting conditions or cash for a person accused of a violent crime may also take into account the danger of serious bodily harm, along with other factors.
No bondsmen in Wisconsin
Wisconsin does not allow commercial bail bond companies, a point that sometimes surprises families from across the Illinois line, where rules differ. Cash is posted by the defendant or by family or friends at the jail or with the clerk, and it can be applied to fines, costs or restitution when the case ends.
Domestic abuse cases
Wisconsin's domestic abuse law often requires officers to arrest when they find probable cause, and a released defendant must stay away from the alleged victim and the victim's home for 72 hours unless the alleged victim waives that in writing. The court usually continues a no-contact condition until the case is resolved.
People in custody can start a State Public Defender application at the jail; the Kenosha Trial Office is at (262) 653-6404.
4. Kenosha County's two adult jails
Unlike most Wisconsin counties, Kenosha operates its adult jail system from two separate buildings, both run by the Sheriff.
The downtown Pre-Trial Facility
The Kenosha County Pre-Trial Facility, 927 54th Street, Kenosha, WI 53140, is where arrestees are booked and where most people awaiting trial are housed because it is next to the courthouse. Intake and release: (262) 605-5111.
The Detention Center on 88th Avenue
The Kenosha County Detention Center, 4777 88th Avenue, Kenosha, WI 53144, a larger facility on the west side of the city, holds sentenced inmates, people with work-release (Huber) privileges and others as space requires; the Sheriff also runs a work crew from it. General information: (262) 605-5800.
Because inmates can be moved between the buildings, families who do not find someone at one facility should ask about the other. Jail staff can confirm custody, charges and the bail amount a judge has set, but they cannot offer legal advice. The Sheriff's main office is at (262) 605-5100.
Huber privileges
A Kenosha County judge who imposes jail time may grant Huber privileges so an inmate can keep working, attend school or treatment, or care for children, returning to custody when not at those activities. The Sheriff manages how Huber release works in practice, and inmates may be charged for it. The request is made to the judge, usually at sentencing.
5. Getting a public defender in Kenosha County
The Wisconsin State Public Defender represents people who cannot afford a lawyer in Kenosha County through its Kenosha Trial Office at 604 57th Street, Suite 201, Kenosha, WI 53140, (262) 653-6404, which serves this county alone. The office's own attorneys handle many cases, and others are appointed to private attorneys who take public defender cases.
How eligibility works
- Where to apply: at the Kenosha County Pre-Trial Facility if you are in custody, or at the Kenosha Trial Office if you are not. Apply as soon as you know you are charged.
- What is reviewed: income, assets, debts and the cost of hiring a private lawyer for the charge. Wisconsin's financial test is strict, and many working people do not qualify.
- Which cases are covered: criminal cases that can lead to jail, many juvenile delinquency cases, and some probation revocation and appeal matters.
- Staying in touch: once a lawyer is assigned, keep that attorney informed of your address and phone number, particularly while on bond.
If the State Public Defender finds that a person does not qualify but the person still cannot pay a private attorney, the judge may be asked to appoint counsel at county expense. Courts handle those requests case by case and may order partial repayment. A public defender lawyer also sits on the team for Kenosha County's treatment court.
6. The District Attorney and Kenosha County's diversion and deferred prosecution program
Charging decisions for crimes committed in Kenosha County belong to the elected Kenosha County District Attorney, whose office is in the Molinaro Building, 912 56th Street, (262) 653-2400. Assistant district attorneys review police reports, file criminal complaints, negotiate plea agreements and try cases, and the office also prosecutes delinquency petitions in juvenile court. The victim-witness unit, (262) 653-2471, keeps victims informed and helps them exercise their rights under Marsy's Law, Wisconsin's 2020 constitutional amendment on victims' rights.
Post-charge diversion and deferred prosecution
Kenosha County has a Post-charge Diversion and Deferred Prosecution Program, run by Kenosha Human Development Services. In a typical deferred prosecution agreement, the defendant agrees to conditions such as treatment, classes, restitution or community service and to avoid new offenses for a set time; in return, the District Attorney dismisses or reduces the charge when the agreement is completed. Admission is decided by the prosecutor, and people with lower-level charges and limited records are the most likely candidates. The program is part of Wisconsin's broader Treatment Alternatives and Diversion (TAD) approach, which funds diversion and treatment courts for people whose cases are tied to substance use.
Other negotiated outcomes
Many Kenosha County cases end with a plea to a lesser charge, with other counts dismissed outright or dismissed and read in so the judge can consider them at sentencing. A defendant in the Kenosha County Pre-Trial Facility who is waiting on such an offer can ask the defense lawyer whether a bail review makes sense while negotiations continue.
7. Treatment court and veterans court in Kenosha County
Kenosha County Treatment Court
Running since 2009 and coordinated by the county's Division of Behavioral Health, the Kenosha County Treatment Court (the county's adult drug court) offers intensive supervision and evidence-based treatment to convicted people who live with substance use disorders, mental health conditions or both. Participants are drug-tested often, see the judge regularly and work through treatment phases. Questions about screening or stipulated agreements can go to the treatment court coordinator at (262) 605-6608, the assigned assistant district attorney at (262) 653-2526, or the State Public Defender's local attorney manager at (262) 653-7222.
Veterans Treatment Court
Kenosha County veterans can be referred to the Veterans Treatment Court of the Second Judicial District, which began in 2012 and is coordinated from Racine. It serves former service members with substance dependence or a treatable mental health diagnosis, pairing court supervision with services from veterans' agencies and volunteer mentors.
Getting in
Neither program is automatic. Both require screening, agreement from the prosecutor and approval by the court, and both usually involve a plea or a stipulated agreement. Raise interest with the defense attorney early in the case. A participant who is terminated can be sentenced on the underlying charge, which may mean time in the Kenosha County Detention Center or a state prison.
8. Misdemeanor (for example, theft, battery, disorderly conduct, a second OWI)
Kenosha County's misdemeanor calendar is shaped by its location: shoplifting cases from the outlet and big-box stores near Interstate 94 in Pleasant Prairie, domestic calls in the city, and repeat OWI stops on the interstate and Highway 50 are all routine. Every one of these charges is filed in the Kenosha County Circuit Court.
First steps
A person charged with a misdemeanor usually gets a summons in the mail or is released from booking on a signature bond. If the person is held at the Kenosha County Pre-Trial Facility, the intake court sets release terms at the first appearance, and the defendant may enter a plea or ask for time to talk with a lawyer. Applying for a public defender before that appearance is the best way to have counsel early.
Maximum penalties in Kenosha County misdemeanor cases
- Shoplifting or other theft of property valued at $2,500 or less: Class A misdemeanor, punishable by as much as 9 months in jail and a $10,000 fine.
- Battery: Class A misdemeanor, with the same 9-month and $10,000 ceiling; criminal trespass to a dwelling is classed the same way.
- Disorderly conduct: Class B misdemeanor, with a maximum of 90 days and $1,000; when the people involved are family or household members, prosecutors often add a domestic abuse modifier.
- OWI, second offense within 10 years: a misdemeanor carrying a mandatory 5 days to 6 months in jail, a fine, revocation of the license, a required assessment and, frequently, an ignition interlock.
- Class C misdemeanors: up to 30 days and a $500 fine.
Resolution
Pretrial conferences give the defense and the District Attorney a chance to negotiate. Outcomes include dismissal, deferred prosecution, an amended charge, fines, probation and county jail time, often with Huber release for work. A defendant who chooses trial gets a six-person jury that must be unanimous, and a speedy trial demand in a misdemeanor case generally requires the trial to begin within 60 days, with exceptions. Most Kenosha County misdemeanors wrap up within two to six months.
9. Felony (for example, burglary, felony theft, drug possession with intent to deliver, substantial battery)
Felonies in Kenosha County range from residential burglaries in the western lake communities to drug cases built by police and state agents along the Chicago-to-Milwaukee corridor. The District Attorney charges them by criminal complaint, and they are assigned to a circuit court branch.
How a Kenosha County felony moves
- Intake court. At the initial appearance, the judge or commissioner reviews the complaint, explains the maximum penalties and sets bail. A defendant who cannot post it remains at the Kenosha County Pre-Trial Facility.
- Preliminary hearing. A judge decides whether there is probable cause to believe the defendant committed a felony. The deadline is generally 10 days after the initial appearance for a defendant who is in custody because bail exceeds what they can pay, and 20 days for others. Defendants frequently waive the hearing.
- Information and arraignment. Once the case is bound over, the prosecutor files an information, and the defendant enters a plea at arraignment.
- Pretrial and trial. Motions, discovery and negotiations follow. Most cases end in a plea agreement; otherwise a unanimous jury of 12 decides. A felony speedy-trial demand generally calls for trial within 90 days, with exceptions. Wisconsin seldom uses grand juries.
- Sentencing. The court may order a presentence investigation report from the Department of Corrections before deciding the sentence.
Maximum penalties for the listed felonies
- Burglary is a Class F felony, carrying up to 12.5 years of imprisonment and a $25,000 fine.
- Theft above $2,500: Class I through $5,000 (3.5 years), Class H through $10,000 (6 years) and Class G above $10,000 (10 years).
- Delivery or possession with intent to deliver: graded by drug type and weight, from Class I for small amounts of marijuana to Class C, carrying as much as 40 years, for large amounts of cocaine, heroin or fentanyl.
- Substantial battery: Class I, up to 3.5 years; aggravated battery rises to Class H, or to Class E with up to 15 years when great bodily harm was intended.
What a prison sentence means
Wisconsin's truth-in-sentencing law splits every prison term into initial confinement and extended supervision, and parole does not exist for crimes committed after 1999. A sentencing judge may make a defendant eligible for the Challenge Incarceration Program or the Substance Abuse Program, which can lead to earlier release to supervision. Terms of a year or less are served in county custody, typically at the Kenosha County Detention Center; longer terms go to the Department of Corrections. Probation, sometimes with jail as a condition, is also common. Expect six months to a year from charge to sentencing.
10. Violent felony (for example, homicide, sexual assault, armed robbery)
Homicides, sexual assaults and armed robberies in Kenosha County are investigated mainly by Kenosha Police and Sheriff's detectives and prosecuted by senior assistant district attorneys. At intake court, prosecutors frequently request high cash bail and strict conditions, and the 2023 constitutional amendment allows the judge to consider the risk of serious bodily harm in a violent-crime case. Many defendants therefore wait for trial in the Kenosha County Pre-Trial Facility.
Penalty structure
- First-degree intentional homicide (Class A): life imprisonment is mandatory, and the judge either sets a date when the defendant may seek release to extended supervision or orders life without that option.
- Class B felonies, punishable by up to 60 years: second-degree intentional homicide and first-degree reckless homicide.
- First-degree sexual assault (Class B): up to 60 years, with mandatory minimum confinement for certain offenses against children and sex offender registration in most cases.
- Armed robbery (Class C): up to 40 years and $100,000; robbery without a dangerous weapon is a Class E felony, up to 15 years.
Wisconsin ended capital punishment in 1853, so no Kenosha County case can result in a death sentence.
How long and who defends
A Kenosha County violent felony often lasts one to two years, sometimes more, because of laboratory testing, digital evidence, expert witnesses and possible competency or mental-responsibility questions. Speedy-trial deadlines are often waived by the defense to allow preparation. Eligible defendants are represented by attorneys from the State Public Defender's Kenosha Trial Office or by experienced private lawyers it appoints. Victims and families have the right under Marsy's Law to be notified, to attend and to be heard at sentencing.
11. Juveniles (under 17) arrested in Kenosha County
In Wisconsin, juvenile court jurisdiction runs from age 10 through 16, and anyone 17 or older who is charged with a crime goes to adult court. The Kenosha County Circuit Court sits as the juvenile court for delinquency cases; its juvenile clerk can be reached at (262) 653-2677.
Juvenile intake
A child taken into custody by Kenosha County police is referred to Kenosha County Juvenile Court Intake, on the lower level of the courthouse at 912 56th Street (LL07), (262) 653-2494. Intake workers, who work with the county's Division of Children and Family Services, decide whether the child can go home, go home with conditions, or must be held. They also recommend whether to close the referral, offer a deferred prosecution agreement, or refer the matter to the District Attorney, who decides whether to file a delinquency petition.
Secure detention outside the county
Kenosha County youth who must be held in secure detention are typically taken to the Jonathan Delagrave Youth Development and Care Center at 1717 Taylor Avenue in Racine, (262) 898-6000; Racine County describes that center as serving youth from Kenosha as well as Racine and the rest of southeastern Wisconsin. When a child is held, Wisconsin law generally calls for a custody hearing before a judge or juvenile court commissioner within 24 hours after the end of the day on which the decision to hold was made, excluding Saturdays, Sundays and legal holidays. Parents should call intake to learn where their child is and when the hearing will be.
Possible outcomes
- closing the case, or a deferred prosecution agreement with conditions;
- a consent decree, under which the petition is held open while the child follows a supervision plan, usually for up to six months;
- adjudication as delinquent followed by a dispositional order: supervision at home, community programs, restitution, electronic monitoring or short-term detention;
- out-of-home placement in foster care, a group home or a residential treatment center;
- for the most serious cases, a Type 2 placement or a Type 1 commitment to the state's juvenile corrections schools, Lincoln Hills School (boys) and Copper Lake School (girls), or the Serious Juvenile Offender program.
Juveniles in adult court
For some felonies, the District Attorney can petition to waive a child age 14 or older into adult court, and in limited situations involving very serious charges, younger children can be waived. Adult court also has original jurisdiction, without any waiver hearing, over a child 10 or older accused of first-degree intentional homicide or its attempt, first-degree reckless homicide or felony murder, and over certain juveniles with prior delinquency adjudications who are charged with specified new offenses. Wisconsin generally keeps juvenile court records confidential, though limited information may be shared with schools, victims and police. The State Public Defender's Kenosha Trial Office represents many children in these cases.
12. Federal cases (U.S. District Court) from Kenosha County
Federal prosecutions arising in Kenosha County are handled by the U.S. District Court for the Eastern District of Wisconsin in its Milwaukee Division, roughly 40 miles north of Kenosha. Even though Chicago's federal court is closer, a crime committed in Kenosha County belongs to the Wisconsin district unless the case is charged where another part of the offense took place, such as in Illinois.
- Clerk of Court, Eastern District of Wisconsin, U.S. Courthouse, 517 E. Wisconsin Avenue, Milwaukee, WI 53202, (414) 297-3372
- Office of the U.S. Attorney for the Eastern District of Wisconsin, 517 E. Wisconsin Avenue, Suite 530, Milwaukee, WI 53202, (414) 297-1700
- Federal Defender Services of Wisconsin (Milwaukee), 411 E. Wisconsin Avenue, Suite 2310, Milwaukee, WI 53202; when the Federal Defender cannot take a case, a lawyer from the court's Criminal Justice Act panel is appointed
- Probation and Pretrial Services Office, 517 E. Wisconsin Avenue, Room 001, Milwaukee, WI 53202, (414) 297-1425
What brings a Kenosha County case to federal court
Federal charges usually follow investigations by agencies such as the FBI, DEA or ATF, often working with local departments. Common examples from a border county on the interstate include drug trafficking between Chicago and Milwaukee, gun possession by people barred from having firearms, bank robbery, online child exploitation, and fraud or identity theft. Kenosha County contains no reservation land, so the questions about tribal and federal jurisdiction that come up in parts of northern Wisconsin rarely arise here.
The federal process, briefly
A person arrested on federal charges first appears before a magistrate judge in Milwaukee. When the government asks for detention, the detention hearing is ordinarily held within three court days. Instead of setting cash bail, the court applies the Bail Reform Act: it releases the defendant on conditions that Pretrial Services supervises, or it orders detention. A case begun by complaint must be indicted by a grand jury within 30 days, and the Speedy Trial Act sets a 70-day target for trial that is often extended.
Guilty pleas resolve most federal cases; trials use a 12-member jury whose verdict must be unanimous. A probation officer's presentence report guides sentencing under the advisory Sentencing Guidelines and any applicable mandatory minimum. Federal prisoners are not paroled and generally serve around 85 percent of the term in the Bureau of Prisons, followed by supervised release. Appeals are heard by the Seventh Circuit Court of Appeals, which sits in Chicago.
Finding someone in federal custody
To look up a federal prisoner, enter a name or BOP register number in the Federal Bureau of Prisons inmate locator. Kenosha families can also check a local jail's roster, because a federal defendant awaiting trial there under the jail's contract with the U.S. Marshals Service may be listed on it. Federal prosecutions of juveniles are uncommon, and Kenosha County youth cases nearly always remain in the county's juvenile court.
This guide summarizes how criminal cases generally proceed in the Kenosha County courts; it is not legal advice, and court assignments, programs and contact numbers can change. Anyone charged with a crime should consult a Wisconsin criminal defense attorney. To apply for a public defender, call the State Public Defender's Kenosha Trial Office at (262) 653-6404; for questions about someone in custody, call the Kenosha County Sheriff's Office at (262) 605-5100.
Criminal Court Process for Kenosha County Wisconsin
Kenosha 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 Kenosha 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, Kenosha 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 Kenosha 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 Kenosha 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, Kenosha County or a city or town. The prosecuting attorney for Kenosha 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 Kenosha 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 Kenosha 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 Kenosha 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 Kenosha 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 Kenosha 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.