Manitowoc County Jail Criminal Court Process
Criminal Court Process for Manitowoc County Wisconsin
Manitowoc, the old shipbuilding city where the Manitowoc River meets Lake Michigan, is the county seat, and the courthouse on South 8th Street holds all four branches of the Manitowoc County Circuit Court. Local ordinance tickets from Manitowoc, Two Rivers, Mishicot, Kiel, Cleveland and a few other communities are heard first by municipal courts. Crimes are prosecuted by the elected Manitowoc County District Attorney. Adults kept in custody after an arrest are held by the Sheriff in the county jail on South 9th Street, one block from the courthouse.
- Manitowoc County Circuit Court (Branches 1 through 4), Manitowoc County Courthouse, 1010 S. 8th Street, Manitowoc, WI 54220; Clerk of Circuit Court, Room 105, (920) 683-4030 (criminal unit (920) 683-4028; traffic unit (920) 683-4497)
- Manitowoc County District Attorney, Manitowoc County Courthouse, 1010 S. 8th Street, Manitowoc, WI 54220, (920) 683-4070
- Manitowoc County Sheriff's Office, 1025 S. 9th Street, Manitowoc, WI 54220, (920) 683-4200
- Manitowoc County Jail, 1025 S. 9th Street, Manitowoc, WI 54220, (920) 683-4228
- Wisconsin State Public Defender, Manitowoc Trial Office (serves Manitowoc County), 927 S. 8th Street, Suite A, Manitowoc, WI 54220, (920) 683-4690
- Manitowoc County Human Services Department (juvenile intake, youth and family services), 926 S. 8th Street, Manitowoc, WI 54220, (920) 683-4230
- Manitowoc Municipal Court, 900 Quay Street, Manitowoc, WI 54220, (920) 686-6920
Which court hears your case. Local ordinance tickets in Manitowoc County, and a first-offense OWI too (Wisconsin handles that as a civil forfeiture case, and only makes it criminal if a youngster under 16 was aboard), start in the municipal court of the city or village where the officer wrote the ticket, if one exists: the Manitowoc court on Quay Street, the joint Two Rivers–Mishicot court, the Kiel–Schleswig court, the Cleveland court or the Brillion–Reedsville court. Citations from places without a municipal court, and those written by Sheriff's deputies or the State Patrol, go to the circuit court. Every misdemeanor, plus criminal traffic counts like a repeat OWI or operating after revocation, belongs to the Manitowoc County Circuit Court, whose four branches share the criminal workload. A felony charge never leaves the South 8th Street courthouse: first appearance, preliminary hearing, arraignment and trial all happen there.
Where pretrial inmates are held. Adults arrested anywhere in Manitowoc County, whether by the Sheriff, the Manitowoc or Two Rivers police or a village officer, are booked into the Manitowoc County Jail at 1025 S. 9th Street, next to the courthouse. The jail's general line, (920) 683-4228, can confirm custody and explain how to post bail; the Clerk of Circuit Court also accepts bail at its counter from 8:30 a.m. to 4:00 p.m. on weekdays. Manitowoc County closed its juvenile detention center at the end of 2012, and youths who need secure custody are now taken to Sheboygan.
- Local courts in Manitowoc 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 Manitowoc County
- Federal cases (U.S. District Court) from Manitowoc County
1. Local courts in Manitowoc County (circuit court and municipal courts)
The circuit court is the only court in Manitowoc County that can try a crime. Its four judges (Branches 1 through 4) work out of the courthouse at 1010 S. 8th Street, supported by supplemental court commissioners who can handle matters such as initial appearances and release conditions. Municipal courts decide only local ordinance violations. They impose forfeitures, which are money penalties, and they cannot jail anyone except to enforce a forfeiture that goes unpaid. A person facing a municipal citation may in some cases be able to have the matter moved to, or later reheard in, the circuit court; the deadlines are short, so confirm the options with the court clerk or a lawyer.
Circuit court
- Manitowoc County Circuit Court, Manitowoc County Courthouse, 1010 S. 8th Street, Manitowoc, WI 54220. The Clerk of Circuit Court, first floor, Room 105, is open 8:30 a.m. to 5:00 p.m. on Mondays and 8:30 a.m. to 4:30 p.m. Tuesday through Friday: main line (920) 683-4030; criminal unit (920) 683-4028; traffic unit (920) 683-4497; juvenile unit (920) 683-4033.
Municipal courts
- Manitowoc Municipal Court (City of Manitowoc), 900 Quay Street, Manitowoc, WI 54220, (920) 686-6920
- Two Rivers–Mishicot Municipal Court (joint court for the City of Two Rivers and the Village of Mishicot), Two Rivers City Hall, 1717 E. Park Street, Room 202, Two Rivers, WI 54241, (920) 793-5507. Initial hearings are held on Wednesday mornings.
- Kiel–Schleswig Municipal Court (joint court for the City of Kiel and the Town of Schleswig), 621 6th Street, P.O. Box 98, Kiel, WI 53042, (920) 894-2909
- Cleveland Municipal Court (Village of Cleveland), 1150 W. Washington Avenue, P.O. Box 87, Cleveland, WI 53015, (920) 693-3442
- Brillion–Reedsville Municipal Court (joint court for the City of Brillion in Calumet County and the Village of Reedsville), 210 N. Main Street, Brillion, WI 54110, (920) 756-2250
The Village of St. Nazianz has a municipal court chapter in its ordinance code; its police department, (920) 773-2471, can say where village citations are heard. Valders, Francis Creek, Kellnersville, Maribel, Whitelaw and most of the county's towns are not listed in the state municipal court directory, so their tickets generally go to the circuit court unless a local court has been set up since. The court named on the citation controls.
Prosecutor, defense and juvenile intake
- Manitowoc County District Attorney, Courthouse, 1010 S. 8th Street, Manitowoc, WI 54220, (920) 683-4070
- Wisconsin State Public Defender, Manitowoc Trial Office, 927 S. 8th Street, Suite A, Manitowoc, WI 54220, (920) 683-4690
- Manitowoc County Human Services Department, 926 S. 8th Street, Manitowoc, WI 54220, (920) 683-4230 or toll-free (800) 794-7684
Law enforcement and jail
- Manitowoc County Sheriff's Office, 1025 S. 9th Street, Manitowoc, WI 54220, (920) 683-4200
- Manitowoc County Jail, 1025 S. 9th Street, Manitowoc, WI 54220, (920) 683-4228
- Manitowoc Police Department, 910 Jay Street, Manitowoc, WI 54220, (920) 686-6500
- Two Rivers Police Department, 1717 E. Park Street, Two Rivers, WI 54241, (920) 686-7200
- Kiel Police Department, (920) 894-2211
- Mishicot Police Department, (920) 755-4041
- Cleveland Police Department, (920) 693-3442
- Reedsville Police Department, (920) 754-4656
- St. Nazianz Police Department, (920) 773-2471
Forfeitures and any bond on a municipal ticket are paid to the court that issued the citation, not to the jail. A missed municipal court date normally results in a default judgment, and nonpayment can lead to a driver's license suspension.
2. Misdemeanor (for example, theft, battery, disorderly conduct, a second OWI)
Misdemeanor files in Manitowoc County range from shoplifting and bar fights in the two lakeshore cities to domestic disturbances in rural towns and repeat OWI stops along Interstate 43 and U.S. 10.
From the squad car to the first hearing
An arrested adult is booked at the Manitowoc County Jail on South 9th Street. On a less serious charge, jail staff frequently release the person once booking is done, either with a ticket listing a Manitowoc court date or on a signature bond, a signed pledge to appear that may state a dollar figure collected only if the defendant fails to show. People who stay locked up get an initial appearance, usually within 48 hours, and in Manitowoc County it is often conducted by video link between the jail and a courtroom next door. The judge or commissioner reviews the complaint, confirms the defendant knows about the right to a lawyer, and decides release: a signature promise or a cash figure, plus conditions such as staying away from the alleged victim and not drinking. Because Wisconsin bans for-profit bonding, relatives bring the cash themselves to the clerk's counter in Room 105 on weekdays or to the jail. After a domestic abuse arrest, Wisconsin also imposes three days (72 hours) of no contact with the alleged victim, lifted early only by the victim's written waiver.
Getting a lawyer
The State Public Defender's Manitowoc Trial Office, a short walk from the courthouse at 927 S. 8th Street, (920) 683-4690, interviews applicants in the jail and at its office. Its financial standard is strict. If a defendant falls just outside it and still cannot pay a private lawyer, the circuit judge may decide to appoint counsel at county expense. After the first appearance, the case usually goes to a pretrial conference with the District Attorney's office and then to a plea or trial date; misdemeanor juries in Manitowoc County have six jurors.
What the example charges carry
- In Manitowoc County, a battery, a theft valued at no more than $2,500, or a criminal trespass to a dwelling is charged as a Class A misdemeanor, exposing the defendant to 9 months in the county jail and a fine as high as $10,000.
- Disorderly conduct sits one level lower, at Class B (90 days, $1,000), and is frequently charged with a domestic abuse modifier.
- The Class C ceiling is 30 days in jail and a $500 fine.
- A second OWI committed less than 10 years after the first is a criminal case with required jail of no less than 5 days and no more than 6 months, along with license revocation, an alcohol and drug assessment, and an ignition interlock. The first offense, by comparison, is decided as a forfeiture: a $150 to $300 penalty plus court costs, a revocation lasting 6 to 9 months, an assessment, and an interlock when the driver tested at 0.15 or more or refused testing. Prosecutors in Manitowoc County generally charge a fourth OWI as a felony.
Outcomes run from an outright dismissal or a deferred prosecution agreement to a fine, probation or jail; a jail sentence often comes with Huber release, and the Sheriff's jail division runs both a Huber program and electronic monitoring. A typical Manitowoc County misdemeanor wraps up within two to six months. With a formal speedy trial demand, the law generally calls for a misdemeanor trial inside 60 days, subject to exceptions.
3. Felony (for example, burglary, felony theft, drug possession with intent to deliver, substantial battery)
Manitowoc County felony cases often grow out of drug investigations involving methamphetamine and fentanyl, break-ins at homes, garages and farm buildings, larger thefts and fourth or later OWIs. The county also has a drug treatment court program connected with its Human Services Department, which can be an option for some defendants whose crimes are tied to addiction.
How the case moves
- Booking. The arrestee is held at the Manitowoc County Jail until a judge or commissioner sets terms of release.
- Complaint. The District Attorney's office files a criminal complaint listing each charge and the supporting facts.
- Initial appearance. The defendant hears the charges and possible penalties, and the court sets bail and conditions. When the charge is a violent crime, a 2023 change to Wisconsin's constitution lets the Manitowoc judge take the possibility of serious harm to others into account in deciding on cash and conditions.
- Preliminary hearing. The court decides whether probable cause supports a felony. It has to be scheduled within 10 days when a defendant is jailed because the cash set is out of reach, or 20 days for a defendant who is out; waivers are common.
- Information and arraignment. Once the judge binds the case over, the District Attorney's office files an information, and the defendant enters a plea at arraignment before the assigned Manitowoc branch.
- Resolution. Plea agreements settle most Manitowoc County felonies. If not, a dozen jurors decide the case, and all must agree. Filing a speedy trial demand in a felony usually means trial within 90 days, with some exceptions.
Penalty ranges
- A burglary conviction (Class F) can bring 12.5 years and $25,000.
- Theft becomes a felony above $2,500. Values through $5,000 are Class I, worth up to 3.5 years; values through $10,000 are Class H, up to 6 years; anything higher is Class G, with a 10-year maximum.
- Possession with intent to deliver is graded by substance and quantity; a small amount of marijuana is at the low end (Class I), while large weights of fentanyl, heroin or methamphetamine can reach Class C, a 40-year maximum.
- For substantial battery the class is I (3.5 years). Aggravated battery is Class H (6 years), rising to Class E (15 years) where great bodily harm was the goal.
- A Class D felony carries up to 25 years and $100,000.
After a conviction
Wisconsin's truth in sentencing system means a Manitowoc County prison sentence has two parts, a stretch of initial confinement and then extended supervision in the community, and offenses committed after 1999 carry no parole. Less than a year means county jail on South 9th Street; more than that means the Department of Corrections, where a judge may allow early release through the Challenge Incarceration Program or the Substance Abuse Program. Probation, with or without conditional jail time, is a common outcome. A typical felony takes six to twelve months to resolve, and the State Public Defender's Manitowoc office takes felony applications as well.
4. Violent felony (for example, homicide, sexual assault, armed robbery)
When someone is charged with a serious violent crime in Manitowoc County, the release decision is usually the first contested hearing. Cash bail may be set high, and a defendant who cannot post it stays in the Manitowoc County Jail next to the courthouse for as long as the case takes.
Possible sentences
- Conviction of first-degree intentional homicide, a Class A felony, requires a life sentence; the Manitowoc judge then decides whether the defendant may someday petition for extended supervision and, if so, from what date. The state abolished executions in 1853.
- A death caused by utter disregard for human life (first-degree reckless homicide) and second-degree intentional homicide are both Class B, with up to 60 years.
- First-degree sexual assault is likewise Class B and can bring 60 years; several child sexual assault statutes add mandatory minimum terms.
- Taking property by force with a dangerous weapon, armed robbery, is Class C (40 years, $100,000), while unarmed robbery drops to Class E.
Timeline and rights
The procedure is the same as for any felony, yet State Crime Lab results, expert witnesses, competency or suppression litigation and a longer jury selection typically stretch these Manitowoc prosecutions to one or two years. In a county of Manitowoc's size, the parties may argue over whether an impartial local jury can be seated, and the court can bring in jurors from another county when publicity warrants it. Wisconsin's 2020 Marsy's Law amendment guarantees victims notice of court dates and a voice at sentencing; the District Attorney's office at (920) 683-4070 can connect them with victim-witness staff. A defendant who cannot afford counsel should apply at once to the State Public Defender's Manitowoc office.
5. Juveniles (under 17) arrested in Manitowoc County
A Manitowoc County youth who is 17 when an offense happens is charged as an adult; the juvenile system takes children from age 10 up to their 17th birthday. One of the circuit judges presides over delinquency matters as the juvenile court on South 8th Street; the clerk's juvenile unit answers at (920) 683-4033.
Intake
Police referrals go to the youth and family services intake staff of the Manitowoc County Human Services Department, 926 S. 8th Street, (920) 683-4230. First-time referrals commonly lead to an intake conference with the youth and a parent. Afterward the youth and family services worker chooses among closing the case, a deferred prosecution agreement, and a recommendation for a formal petition. If a formal delinquency petition is warranted, it is filed by the District Attorney's office.
Detention
Manitowoc County no longer operates a juvenile detention center; youths who must be held securely are housed at the Sheboygan County Juvenile Detention Center, 525 N. 6th Street, Sheboygan, about 30 miles south. A Manitowoc County child placed in custody is generally entitled to a custody hearing within 24 hours of the intake worker's decision, leaving out Saturdays, Sundays and legal holidays; the court then decides whether the youth stays in Sheboygan or returns home with rules. Children have the right to a lawyer at that hearing and throughout the case.
What can happen
- A deferred prosecution agreement handled by intake, or a consent decree after a petition, which places the case on hold while the youth meets conditions.
- Adjudication followed by supervision, counseling, restitution or community service.
- Placement outside the home in a foster or group home or a residential treatment program.
- For grave or persistent delinquency: a Type 2 placement, the state's Serious Juvenile Offender program, or a Type 1 correctional placement (boys at Lincoln Hills School, girls at Copper Lake School).
Adult prosecution of a juvenile
For a child 14 or older, and in a few situations a younger child accused of a very serious offense, the District Attorney may petition for waiver into adult court, and the juvenile judge decides after a hearing. Certain charges skip juvenile court entirely because adult court holds original jurisdiction: felony murder, first-degree reckless homicide, and first-degree intentional homicide or an attempt, when the accused is at least 10, plus specified new crimes by a youth who already has a delinquency adjudication. Even then, the adult court can occasionally send a case back to the juvenile side. Records of juvenile proceedings are generally confidential.
6. Federal cases (U.S. District Court) from Manitowoc County
In the federal system, Manitowoc County falls within the Green Bay Division of the U.S. District Court for the Eastern District of Wisconsin, which means cases are usually heard at the federal courthouse on South Jefferson Street in Green Bay, roughly 40 miles northwest of Manitowoc.
- Federal court clerk in Green Bay, Suite 102 at 125 South Jefferson Street, Green Bay 54301, (920) 884-3720
- Green Bay branch of the United States Attorney's office for the Eastern District, Suite 301 at 205 Doty Street, (920) 884-1066; the district's main office is in Milwaukee, (414) 297-1700
- Federal Defender Services of Wisconsin, which has offices in Green Bay, Milwaukee and Madison; private Criminal Justice Act (CJA) panel lawyers are appointed when it cannot take a case
- Probation and Pretrial Services, Room 301 of the South Jefferson Street federal building in Green Bay, (920) 884-7780
Which Manitowoc County cases go federal
Federal prosecutors in Green Bay typically take drug trafficking cases with interstate supply lines, firearm possession by people prohibited because of a felony or domestic violence conviction, bank robberies, online child exploitation, and fraud schemes, often after joint work with the Sheriff's Office or the Manitowoc and Two Rivers police. No Indian reservation or national forest lies within Manitowoc County. Elsewhere in the state, criminal cases on most reservations are handled by Wisconsin courts under Public Law 280 along with tribal courts; the Menominee Reservation is the exception, where serious crimes involving tribal members are federal.
What federal court looks like
A Manitowoc County resident arrested by federal agents makes a first appearance before a magistrate judge in Green Bay, who explains the accusation and arranges appointed counsel when needed. State-style cash bail plays no part. Applying the Bail Reform Act, the magistrate either lets the defendant go home under conditions that Pretrial Services officers enforce or keeps the person in custody, and a government motion to detain is normally heard no later than three court days after the first appearance. Charges filed by complaint must be replaced by a grand jury indictment inside 30 days. Trial is supposed to begin within 70 days under the Speedy Trial Act, but judges in Green Bay often grant more time. Nearly all federal defendants plead guilty; those who go to trial face a 12-person jury that must reach a unanimous verdict.
For sentencing, the court relies on a presentence investigation by a federal probation officer, the advisory Sentencing Guidelines, and any minimum term Congress has required for the offense. A federal sentence cannot be cut short by parole; with good-conduct credit, a prisoner generally serves about 85 percent in the Bureau of Prisons and then begins supervised release. Appeals from Green Bay go to the Seventh Circuit in Chicago.
Finding someone in federal custody
The Federal Bureau of Prisons inmate locator accepts a name or register number and shows where a sentenced Manitowoc County prisoner is housed. Pretrial federal detainees kept in a local jail through a Marshals Service agreement may additionally be found on that jail's inmate list. Juvenile cases from the county rarely end up in federal court.
What appears here is a general description of the Manitowoc County criminal process, not legal advice, and offices, schedules and custody arrangements may change. Advice about a particular charge should come from a criminal defense lawyer licensed in Wisconsin. Public defender applications are handled by the State Public Defender's Manitowoc Trial Office, (920) 683-4690; whether a person is being held can be confirmed by the Manitowoc County Jail, (920) 683-4228 or the Sheriff's Office at (920) 683-4200.
Criminal Court Process for Manitowoc County Wisconsin
Manitowoc 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 Manitowoc 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, Manitowoc 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 Manitowoc 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 Manitowoc 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, Manitowoc County or a city or town. The prosecuting attorney for Manitowoc 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 Manitowoc 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 Manitowoc 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 Manitowoc 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 Manitowoc 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 Manitowoc 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.
