La Crosse County Juvenile Detention Center Criminal Court Process
Criminal Court Process for La Crosse County Wisconsin
The city of La Crosse is the county seat, and nearly every criminal case filed in La Crosse County is heard in one building: the Courthouse and Law Enforcement Center at 333 Vine Street. The La Crosse County Circuit Court has five branches; local ordinance tickets, including most first-offense drunk-driving citations, go instead to the La Crosse Municipal Court or the Coulee Region Joint Municipal Court in Onalaska. Charges are prosecuted by the elected La Crosse County District Attorney. People arrested anywhere in the county are booked into the La Crosse County Jail, run by the Sheriff in that same Vine Street complex.
- La Crosse County Circuit Court (Branches I–V), Courthouse and Law Enforcement Center, 333 Vine Street, La Crosse, WI 54601; Clerk of Circuit Court, Room 1200, (608) 785-9590 or (608) 785-9573
- La Crosse County District Attorney, 333 Vine Street, Room 1100, La Crosse, WI 54601, (608) 785-9604; Victim/Witness (608) 785-9608
- La Crosse County Sheriff's Office, 333 Vine Street, Room 1500, La Crosse, WI 54601, (608) 785-9629; countywide non-emergency dispatch (608) 782-7575
- La Crosse County Jail, 333 Vine Street, La Crosse, WI 54601, inmate information (608) 785-9630
- Wisconsin State Public Defender, La Crosse office (serves La Crosse and Vernon counties), 149 6th Street South, La Crosse, WI 54601, (608) 766-4001
- La Crosse County Human Services, Youth Justice (juvenile intake), 300 4th Street North, Third Floor, La Crosse, WI 54601, (608) 784-4357
Which court hears your case. An ordinance citation, and a first OWI (a civil forfeiture in Wisconsin unless a passenger under 16 was in the vehicle), is heard by the municipal court for the place where it happened: the La Crosse Municipal Court for the city, the Coulee Region Joint Municipal Court for Onalaska, Holmen, West Salem, Bangor, Campbell, Shelby and Rockland, and the La Crosse County Circuit Court for towns without a court or when the Sheriff's Office or State Patrol writes the ticket under state law. Misdemeanors and criminal traffic charges, including a second OWI or driving after revocation, are filed in the circuit court. Felonies also stay in the circuit court from the first appearance through the preliminary hearing, trial and sentencing. The five branches share the criminal calendar, and the Clerk of Circuit Court can say which branch has a particular case.
Where pretrial inmates are held. Adults who are not released after booking wait at the La Crosse County Jail, 333 Vine Street, which shares the building with the courtrooms, so hearings happen without a trip across town. Call (608) 785-9630 for an inmate's status. Cash bail set by the court is paid at the Clerk of Circuit Court (Room 1200) on weekdays from 8:00 a.m. to 4:30 p.m.; nights and weekends it is taken at the jail's master control, which accepts money orders, cashier's checks and major credit cards but not cash.
- Local courts in La Crosse 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 La Crosse County
- Federal cases (U.S. District Court) from La Crosse County
Local courts in La Crosse County (circuit court and municipal courts)
La Crosse County has one state trial court and two municipal courts. The circuit court is the only one that can hear a crime; the municipal courts are limited to local ordinance cases.
Circuit court
- La Crosse County Circuit Court, Courthouse and Law Enforcement Center, 333 Vine Street, La Crosse, WI 54601. Clerk of Circuit Court, Room 1200, (608) 785-9590. Five judges sit in Branches I through V, and court commissioners in the building handle many first appearances and release-condition hearings.
Municipal courts
- La Crosse Municipal Court (City of La Crosse), City Hall, 400 La Crosse Street, La Crosse, WI 54601, (608) 789-7290
- Coulee Region Joint Municipal Court (City of Onalaska; Villages of Holmen, West Salem and Bangor; Towns of Campbell, Shelby and Rockland), 415 Main Street, Suite 150, Onalaska, WI 54650, (608) 781-9558
Municipal judges decide only ordinance violations, such as speeding, a first OWI, underage drinking, retail theft written as a city ordinance, or noise complaints. The penalty is a forfeiture (a civil fine); jail can be ordered only as a consequence of not paying. In certain situations a defendant may be able to ask that the case be moved to circuit court, so anyone considering that should raise it with the municipal court clerk or a lawyer early. Charges written in the unincorporated towns not listed above, and state-law citations from deputies or troopers, are handled by the circuit court.
Prosecution, defense, police and youth services
- La Crosse County District Attorney, 333 Vine Street, Room 1100, La Crosse, WI 54601, (608) 785-9604
- State Public Defender, La Crosse office, 149 6th Street South, La Crosse, WI 54601, (608) 766-4001
- La Crosse County Sheriff's Office, 333 Vine Street, Room 1500, La Crosse, WI 54601, (608) 785-9629
- La Crosse Police Department, City Hall, 400 La Crosse Street, La Crosse, WI 54601, administration (608) 789-7200, non-emergency (608) 782-7575
- Other local departments: Onalaska Police Department, Holmen Police Department, West Salem Police Department, Bangor Police Department and Town of Campbell Police Department; non-emergency calls for all of them go through county dispatch at (608) 782-7575. The Town of Shelby relies on the Sheriff's Office.
- La Crosse County Human Services, Youth Justice, 300 4th Street North, Third Floor, La Crosse, WI 54601, (608) 784-4357 or (608) 785-6030
Treatment courts
La Crosse County runs an OWI Treatment Court, a Drug Treatment Court and a Veterans Court. These programs combine frequent court check-ins, testing and treatment in exchange for a reduced or dismissed outcome, and referrals usually come through the defense lawyer or the District Attorney. The county's Justice Support Services office at the courthouse ((608) 789-4895) handles pretrial supervision and GPS monitoring ordered by the court.
Misdemeanor (for example, theft, battery, disorderly conduct, a second OWI)
With three college campuses and a busy downtown, La Crosse sees a steady flow of disorderly conduct, retail theft, bar-district battery and repeat-OWI cases. Many of them begin and end without an overnight stay.
From arrest to the first court date
An officer can cite and release someone on the spot, or take the person to the La Crosse County Jail for fingerprints, photographs and a records check. For many misdemeanors the jail releases the person on a signature bond, a written promise to appear that can carry a dollar amount owed only if the person misses court. Anyone held longer sees a judge or court commissioner at an initial appearance, generally within 48 hours. There the charge is read, the right to a lawyer is explained, and release conditions are set: a signature bond, or cash that the defendant or family posts at the clerk's office. Wisconsin bans commercial bondsmen, so nobody pays a percentage to a bail agent; the full cash amount is deposited, and it can be applied to fines or restitution later. Typical conditions are no contact with an alleged victim, no alcohol, and no new offenses. After a domestic abuse arrest, Wisconsin law also bars contact with the alleged victim for 72 hours unless the victim waives it in writing.
Penalties for common La Crosse County misdemeanors
- Class A (up to 9 months in the La Crosse County Jail and a fine of up to $10,000): theft of property worth $2,500 or less, battery, criminal trespass to a dwelling.
- Class B (up to 90 days and $1,000): disorderly conduct, which the DA often charges with a domestic abuse modifier.
- Class C (a maximum of 30 days in jail and a $500 fine) covers a handful of lesser offenses.
- Second OWI within 10 years: a misdemeanor with a mandatory jail stay of 5 days to 6 months, fines, revocation and an ignition interlock. A third OWI also carries mandatory jail, and a fourth is generally a felony. A first OWI is a forfeiture of $150 to $300 plus costs, a 6- to 9-month revocation and an alcohol or drug assessment, with an interlock for a BAC of 0.15 or more or a refusal; it is heard in municipal court where the city or village has one, and it becomes a crime when a child under 16 was in the car.
Lawyers, pleas and results
A defendant who cannot hire a lawyer and faces possible jail can apply to the State Public Defender's La Crosse office, either from the jail or by calling (608) 766-4001. The office applies a strict income and asset test. A person who is turned down but still cannot pay may ask the judge to appoint a lawyer at county expense, and the court decides that request. Most cases settle through negotiation with the District Attorney. The result might be dismissal, a deferred prosecution agreement, a fine, probation, or jail time; judges often grant Huber release so a person can keep working, attend school or go to treatment during the sentence. Misdemeanor juries in La Crosse County seat six people. Plan on two to six months from charge to resolution.
Felony (for example, burglary, felony theft, drug possession with intent to deliver, substantial battery)
Felony filings in La Crosse County lean heavily toward methamphetamine and fentanyl cases, burglaries, and thefts over the $2,500 line. The District Attorney's office files a written criminal complaint that starts each one.
Step by step in the Vine Street courthouse
- Booking and the first hearing. After booking at the La Crosse County Jail, the defendant appears, usually within 48 hours and often by video, before a court commissioner or judge. The complaint is reviewed for probable cause and bail is set as either a signature bond or a cash amount, with conditions. Under a 2023 amendment to the Wisconsin Constitution, a judge setting cash and conditions for someone accused of a violent crime may consider the risk of serious harm to the public.
- Preliminary hearing. A defendant who stays in custody because the cash amount cannot be paid is entitled to this hearing within 10 days; otherwise it must be held within 20 days. The question is only whether there is probable cause that a felony was committed. Many defendants waive it, sometimes as part of early plea talks.
- Information and arraignment. The DA then files an information, the formal charging document, and the defendant enters a plea at the arraignment in the assigned branch.
- Motions, plea or trial. Most cases end in a plea agreement. If the case is tried, a La Crosse County jury of 12 must agree unanimously. A defendant can demand a speedy trial, which generally means trial within 90 days of the demand, subject to exceptions.
- Sentencing. The judge may order a presentence investigation by the Department of Corrections before deciding.
Felony classes as they apply in La Crosse County
- Burglary: Class F, up to 12 years and 6 months.
- Theft over $2,500: Class I up to $5,000 (3 years 6 months), Class H up to $10,000 (6 years), Class G above that (10 years).
- Substantial battery: Class I. Aggravated battery is Class H or Class E (up to 15 years), depending on intent.
- Possession with intent to deliver: its class turns on which drug was involved and how much; larger amounts of methamphetamine, heroin or fentanyl reach Class C (up to 40 years).
- The other classes: B (60 years), D (25 years), E (15 years); fines run from $10,000 for Classes H and I to $100,000 for Classes C and D.
Truth in sentencing
A Wisconsin prison sentence has two parts: initial confinement, followed by extended supervision in the community. Parole does not exist for offenses committed after 1999, though some people become eligible for the Challenge Incarceration Program or the Substance Abuse Program, which can shorten the confinement part. A sentence of a year or less is served in the county jail; longer sentences go to the Department of Corrections. Probation, sometimes with jail as a condition, is common for first felonies, and some defendants are steered toward the county's Drug Treatment Court. The State Public Defender's La Crosse office handles qualifying felony defendants. Expect six months to a year in most cases.
Violent felony (for example, homicide, sexual assault, armed robbery)
Homicides are uncommon in La Crosse County, but sexual assault and robbery cases appear on the docket regularly, investigated by the La Crosse Police Department, the Sheriff's Office or the state Division of Criminal Investigation. Someone charged with a serious violent crime usually faces a high cash bail amount and strict conditions, and many stay at the La Crosse County Jail until the case ends.
Maximum penalties
- First-degree intentional homicide: Class A, with life in prison required on conviction. At sentencing the La Crosse County judge sets a date for possible release to extended supervision or orders life without that possibility. Wisconsin abolished the death penalty in 1853.
- Second-degree intentional homicide and first-degree reckless homicide are Class B felonies carrying up to 60 years.
- First-degree sexual assault: Class B, up to 60 years; some offenses against children carry mandatory minimum confinement.
- Armed robbery: Class C, up to 40 years. Robbery without a weapon or the threat of one is Class E.
What these cases look like
The steps match any felony, but discovery is larger, forensic results from the State Crime Laboratory take time, and expert and suppression motions are common. Expect these La Crosse County cases to take one to two years from arrest to verdict. Victims have rights under Marsy's Law, added to the Wisconsin Constitution in 2020, including notice of hearings and a chance to speak at sentencing; the DA's Victim/Witness unit at (608) 785-9608 is the contact. The State Public Defender often assigns its most experienced trial lawyers, or private attorneys under contract, to qualifying defendants in homicide and sexual assault cases.
Juveniles (under 17) arrested in La Crosse County
Wisconsin prosecutes 17-year-olds as adults. Delinquency cases for children aged 10 through 16 go to the La Crosse County Circuit Court sitting as juvenile court, in the same Vine Street building as adult court but in closed hearings.
Intake and the petition
When police take a child into custody, they contact the intake worker at La Crosse County Human Services Youth Justice, 300 4th Street North, (608) 784-4357. Intake decides whether the child goes home with a parent, to the county's juvenile shelter, or to secure detention. After meeting with the youth and family, a Youth Justice social worker may recommend closing the case, offering a diversion option or a voluntary deferred prosecution agreement (with requirements such as restitution, counseling or community service), or sending the referral to the District Attorney, who decides whether to file a delinquency petition.
Detention
La Crosse County operates its own secure center: the La Crosse County Juvenile Detention Center, on the fourth floor at 300 4th Street North, La Crosse, WI 54601, staffed 24 hours at (608) 785-6407. It may hold youth from neighboring counties as well. A child held there is generally entitled to a custody hearing before a judge or court commissioner within 24 hours after the intake decision, not counting weekends and legal holidays, where release to a parent with conditions is considered.
Possible outcomes
- A consent decree, which suspends the case under conditions, or dismissal.
- After a finding of delinquency: supervision at home, community service, restitution, electronic monitoring, or placement in a foster or group home or a residential program.
- For serious cases, a Type 2 placement or a Type 1 commitment to the state's secured juvenile facility, Lincoln Hills School (boys) or Copper Lake School (girls), both near Irma; the most serious cases may lead to the Serious Juvenile Offender program.
Adult prosecution of La Crosse County youths
The District Attorney can ask the juvenile court to waive a case into adult court, generally for a youth 14 or older (younger in a few very serious situations). Adult court also has original jurisdiction, without any waiver, over a youth 10 or older accused of attempted or completed first-degree intentional homicide, first-degree reckless homicide or felony murder, and over some youths previously adjudicated delinquent who are charged with certain new crimes. These rules have exceptions, and a lawyer should explain how they apply. A child in a delinquency case has a right to a lawyer, and the State Public Defender's La Crosse office generally represents children in delinquency cases without applying the adult financial test. Juvenile court records are generally confidential.
Federal cases (U.S. District Court) from La Crosse County
The U.S. District Court for the Western District of Wisconsin is the federal trial court whose territory takes in La Crosse County. Federal law lists La Crosse as a place where that court may sit, but the clerk's office and federal criminal cases are handled in Madison, about 140 miles to the southeast.
- U.S. District Court Clerk, Western District of Wisconsin, 120 North Henry Street, Room 320, Madison, WI 53703, (608) 264-5156
- U.S. Attorney for the Western District of Wisconsin, 222 West Washington Avenue, Suite 700, Madison, WI 53703, (608) 264-5158
- Federal Defender Services of Wisconsin, serving the Western District from an office at 22 East Mifflin Street, Suite 1000, Madison, WI 53703, (608) 260-9900; if the defender's office has a conflict, a private Criminal Justice Act (CJA) panel attorney is appointed instead
- Pretrial Services, U.S. Probation Office, 222 West Washington Avenue, Suite 340, Madison, WI 53703, (608) 264-5165
Why a La Crosse County case might go federal
Interstate 90 and the Mississippi River crossing into Minnesota make La Crosse a corridor for drug trafficking, and multi-agency investigations of methamphetamine and fentanyl distribution are often charged federally. Other common federal charges include possession of a firearm by a felon or other prohibited person, bank robbery, online child exploitation, and wire, mail or benefits fraud. The county's Mississippi River backwaters lie within the Upper Mississippi River National Wildlife and Fish Refuge, and an offense on federal land may be prosecuted federally, although state charges are often possible as well. Wisconsin courts hold criminal jurisdiction on tribal lands under Public Law 280 everywhere except the Menominee Reservation, so the few Ho-Chunk Nation trust parcels in western Wisconsin do not ordinarily turn a local crime into a federal one.
How a federal case moves
After a federal arrest, the defendant appears before a U.S. magistrate judge in Madison, hears the charges, and is assigned a federal defender or CJA lawyer if eligible. No cash bail is paid to any bondsman in federal court. The Bail Reform Act then governs: the magistrate judge may release the person on conditions that Pretrial Services monitors, or may order detention, and a detention hearing requested by the government usually happens within three court days. When the case starts with a criminal complaint, prosecutors have 30 days to obtain a grand jury indictment. The Speedy Trial Act sets a 70-day trial clock, which is frequently extended. Most cases end in a plea; federal trial juries in Madison seat 12 people, and their verdicts must be unanimous. Sentencing in a La Crosse County federal case follows a presentence report from a probation officer, with the judge weighing the advisory Sentencing Guidelines and any mandatory minimum. Federal sentences carry no parole; a La Crosse County defendant sent to the Bureau of Prisons serves roughly 85 percent of the term and then begins supervised release. Any appeal is heard by the U.S. Court of Appeals for the Seventh Circuit, which sits in Chicago.
Locating a federal prisoner
A La Crosse County resident in federal custody can be found by entering a name or register number in the Federal Bureau of Prisons inmate locator. A defendant awaiting a federal trial in a county jail under a U.S. Marshals contract may also show up on that jail's own roster. Federal prosecution of anyone under 18 from La Crosse County is rare.
This summary of criminal court practice in La Crosse County is general information, not legal advice, and court procedures, phone numbers and programs change. A Wisconsin-licensed defense lawyer can advise on a specific charge. To apply for a public defender, ask at the jail or call the State Public Defender's La Crosse office at (608) 766-4001; for inmate information, call the La Crosse County Jail at (608) 785-9630 or the Sheriff's Office at (608) 785-9629.
Criminal Court Process for La Crosse County Wisconsin
La Crosse 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 La Crosse 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, La Crosse 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 La Crosse 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 La Crosse 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, La Crosse County or a city or town. The prosecuting attorney for La Crosse 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 La Crosse 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 La Crosse 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 La Crosse 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 La Crosse 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 La Crosse 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.
