Menominee County Jail Criminal Court Process

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Criminal Court Process for Menominee County Wisconsin

Keshena is the seat of Menominee County. The county's borders nearly match those of the Menominee Indian Reservation, and that shapes every criminal case. State charges go to the Menominee County Circuit Court. By law it forms one two-county circuit with Shawano County, and the judges sit in Shawano; the county's Clerk of Circuit Court works in Keshena. No municipal court is listed in the county, so the circuit court also takes ordinance citations. A single elected District Attorney serves Menominee and Shawano counties together. Menominee County runs no jail of its own: people arrested on state charges go to the jail that serves Menominee County, under the Sheriff's arrangements. Serious crimes involving tribal members on the reservation are generally federal cases. Tribal charges go to the Menominee Tribal Court.

  • Menominee County Circuit Court (Menominee–Shawano circuit): Clerk of Circuit Court, W3269 Courthouse Lane, P.O. Box 279, Keshena, WI 54135; (715) 799-3313
  • Shawano/Menominee District Attorney's Office (in the Shawano courthouse, 311 N. Main Street): victim/witness (715) 526-4608
  • Menominee County Sheriff's Office: W3269 Courthouse Lane, P.O. Box 190, Keshena, WI 54135; (715) 799-3357
  • The jail that serves Menominee County: the Sheriff's Office, (715) 799-3357, can say where a person held on a state charge is being kept
  • Menominee Tribal Detention Facility, Keshena (tribal jail), (715) 799-3592
  • Wisconsin State Public Defender, Shawano office (for Menominee and Shawano counties): 106 S. Main Street in Shawano; (715) 524-2521
  • Menominee County Human Services (juvenile intake): P.O. Box 280, Keshena, WI 54135; (715) 799-3861
  • Menominee Tribal Court: P.O. Box 429, Keshena, WI 54135; (715) 799-3348

Which court hears your case. In Menominee County, the first question is often which government has jurisdiction. Wisconsin's Public Law 280 authority over the reservation went back to the federal government in 1976. So a felony-level crime by or against a tribal member generally goes to federal court in Green Bay. Lesser offenses by members go to the Menominee Tribal Court. The state keeps the remaining cases, typically those with no tribal member as defendant or victim. Those follow the usual Wisconsin path. Ordinance tickets and first-offense OWI go to the Menominee County Circuit Court, since no municipal court is listed. (A first OWI is a civil forfeiture; it turns criminal with a child under 16 aboard.) Misdemeanors and criminal traffic, OWI number two among them, land in that court too. So do felonies: initial appearance, preliminary hearing, and plea or trial. Most hearings take place before the shared judges in Shawano.

Where pretrial inmates are held. There is no Menominee County jail. Adults arrested on state charges go to the jail that serves Menominee County. For the location in a particular case, and for release details, call the Sheriff's Office: (715) 799-3357. Tribal police arrests on tribal charges are booked at the tribal detention facility in Keshena.

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

The entire county is one civil town: the Town of Menominee. It takes in Keshena, Neopit, Zoar, South Branch and Legend Lake. Wisconsin's municipal court directory lists no court here. Citations that a municipal judge would hear elsewhere generally go to the circuit court instead. Check the ticket; the court printed there is the one to follow. Elsewhere, municipal courts handle just one thing: ordinance forfeitures. They cannot jail anyone, except over unpaid forfeitures. Some defendants there may move a case up to circuit court.

The shared Menominee–Shawano circuit

State law combines Menominee and Shawano into a single judicial circuit. Wisconsin has only three such two-county circuits. The judges work at the Shawano County Courthouse, 311 N. Main Street in Shawano. Menominee County's clerk and case records stay in Keshena. Expect to travel to Shawano, about 10 miles south, for many hearings. The hearing notice gives the courtroom.

  • Clerk of Circuit Court, Keshena: W3269 Courthouse Lane; P.O. Box 279; (715) 799-3313

Other offices

  • District Attorney for Shawano and Menominee: 311 N. Main Street, Shawano; (715) 526-4608. State statutes make the two counties one prosecutorial unit. Voters in both elect one District Attorney.
  • SPD Shawano office: 106 S. Main Street; (715) 524-2521
  • Menominee County Sheriff: W3269 Courthouse Lane, Keshena; (715) 799-3357
  • Menominee Tribal Police: based in Keshena; the main law enforcement agency on the reservation. The county has no city or village police department.
  • Human Services: Keshena; (715) 799-3861

Tribal court and tribal jail

Tribal cases and state or federal cases are separate. Each has its own release rules. On a state charge, the circuit court sets cash bail or other terms. The Sheriff's Office or the Keshena clerk can explain where to pay.

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

A misdemeanor-level offense in Menominee County can go to either of two courts. Think of a fight, a domestic call, petty theft, or drunk driving on Highway 47 or 55. If a tribal member did it on the reservation, the Menominee Tribal Court generally takes the case. If the state has jurisdiction, the filing is in the Menominee County Circuit Court. That is most often the case when neither suspect nor victim is a tribal member.

The state misdemeanor process

Booking takes place at the jail that serves Menominee County. Many defendants then leave on a signature bond. That bond is a promise to return. It can carry a dollar figure owed after a missed hearing. Others get a citation and go. Those kept in custody see a judge or court commissioner. That normally happens within 48 hours, often over video. Sobriety or no-contact terms are typical. Wisconsin has no bail bond businesses. Family members or the defendant pay any cash themselves. Domestic abuse arrests add a rule. Upon release, contacting the alleged victim is barred for 72 hours. A written waiver by the victim ends it.

Lawyers for people who cannot pay

State cases from Menominee County are covered by the Shawano SPD office, (715) 524-2521. Apply through jail staff, or directly with the office. Its financial standard is strict. Outside the standard but still unable to pay? A judge may order counsel at county expense. Tribal court has separate representation rules.

State misdemeanor penalties in Menominee County

  • A Menominee County charge of battery, or of theft of up to $2,500, is a Class A misdemeanor: jail can reach 9 months and the fine $10,000.
  • Disorderly conduct: Class B. Jail up to 90 days; fine up to $1,000. A domestic abuse label is often added.
  • Class C misdemeanors: Menominee County penalties top out at 30 days in jail plus a $500 fine.
  • OWI, second within ten years: criminal. Confinement is mandatory, between 5 days and 6 months. Also ordered: a fine; revocation; an assessment; an interlock. Penalties climb on a third. A fourth is generally a felony.

Possible outcomes: dismissal; deferred prosecution; an amended forfeiture; a fine; probation; jail, sometimes with Huber release for work. State misdemeanor juries seat six. Most take two to six months.

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

Around Keshena and Neopit, the most frequent felonies are drug dealing, burglary and serious assaults. Suppose a tribal member is the suspect. Or suppose a non-member is accused of harming a member. Then tribal police and federal agents commonly investigate, and federal court prosecutes. What follows describes the cases Wisconsin keeps.

State felony steps

  1. Complaint and initial appearance. The shared District Attorney files a complaint. A judge or commissioner sets release terms: cash bail with conditions, or a signature bond.
  2. Preliminary hearing. The question is probable cause. Did a felony likely happen, and did the defendant likely commit it? Timing is 10 days for someone held for want of the release money. Others get 20 days. Many defendants waive the hearing.
  3. Information and arraignment. The prosecutor's information comes next. At arraignment, the defendant pleads.
  4. Plea or jury trial. Plea deals settle most cases. A trial jury has 12 members; their verdict must be unanimous. A formal demand for a speedy trial generally means trial within 90 days.

State felony penalties

  • Burglary: Class F. Prison can reach 12.5 years.
  • Felony theft: Over $2,500 it is Class I (3.5 years max). Class H past $5,000 (6 years). Class G past $10,000 (10 years).
  • Possession with intent to deliver: graded by drug type and quantity. Low-level cases are minor felonies. Big fentanyl or meth amounts can reach Class C.
  • Substantial battery: Class I. Aggravated battery: Class H, or Class E when the intent was great bodily harm.

Truth in sentencing gives a prison sentence two pieces. Initial confinement comes first; extended supervision second. No parole applies to post-1999 crimes. A judge can open the door to the Challenge Incarceration Program. The Substance Abuse Program is another option. A year or less counts as a jail term. Anything longer is served with the Department of Corrections. Appointments come through the Shawano SPD office. Expect six months to a year for a state felony.

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

On the Menominee Reservation, killings, sexual assaults and robberies involving tribal members fall under the federal Major Crimes Act and related laws. The U.S. Attorney in Green Bay usually charges them, and they are tried in federal court. The tribe may file its own charges too. Only a case within state jurisdiction goes to the Menominee County Circuit Court.

State release decisions

When the charge is a state violent felony, cash bail is often high. Strict no-contact orders accompany it. A 2023 amendment changed Wisconsin's constitution on this point. Judges may now consider a defendant's risk of serious harm to the public. That factor applies to conditions and to cash amounts.

Wisconsin maximums if the case is in state court

  • First-degree intentional homicide: Class A. Life imprisonment is mandatory. The judge may set a date for extended supervision eligibility, or deny it.
  • Second-degree intentional homicide: Class B; 60 years. First-degree reckless homicide: the same class and cap.
  • First-degree sexual assault: a Class B felony, punishable in Menominee County by up to 60 years. Some offenses against children require minimum terms.
  • Armed robbery: Class C. Conviction in the Menominee County court can bring 40 years. Simple robbery is Class E, with 15 years at most.

The death penalty? Wisconsin abolished it in 1853. Plan on one to two years. In state court, Marsy's Law guarantees victims notice and a voice. For victim/witness help, the shared DA office is at (715) 526-4608. Indigent defendants in state court are represented by the SPD.

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Juveniles (under 17) arrested in Menominee County

Anyone 17 or older is tried in Wisconsin's adult courts. In state court, a child from 10 to 16 goes before the circuit court acting as juvenile court. Those hearings are confidential. For Menominee tribal youth on the reservation, delinquency matters often go through the Menominee Tribal Court instead. Families should ask which court has the case.

Intake

State youth referrals go to Menominee County Human Services in Keshena: (715) 799-3861. The intake worker decides custody first. Can the youth go home or to relatives, or must the youth be held? Then the worker decides the path. The case may be closed or handled by deferred prosecution agreement. Otherwise it is referred; a delinquency petition from the DA may follow.

When a child is held

No secure juvenile center operates in Menominee County. In a state case, a youth who is held typically goes to a regional center taking the county's placements. One common example: the Brown County Juvenile Detention Center, located in Green Bay. Once intake decides to hold, the clock starts. Within 24 hours, a custody hearing generally must take place. Weekends and legal holidays are left out of that count. In a state delinquency case, every child may have a public defender. Family income is irrelevant. Contact the Shawano office: (715) 524-2521.

Outcomes in juvenile court

  • The case closes, or it is resolved by deferred prosecution or a consent decree.
  • A delinquency finding, with supervision at home. Restitution, counseling or community service may be ordered.
  • Placement away from home: foster or group care, or a county-overseen Type 2 placement.
  • For the most serious or persistent cases: Type 1 commitment. The facilities: Lincoln Hills School and Copper Lake School, both near Irma. The Serious Juvenile Offender program is the alternative.

Adult court

State law allows waiver to adult court at 14 and older. For a few grave offenses, waiver of a younger child is allowed. Some charges begin in adult court from age 10: first-degree intentional homicide, or the attempt; first-degree reckless homicide; felony murder. Certain new crimes by already-adjudicated youths do as well. For major crimes on the reservation, federal prosecution of a juvenile is possible but uncommon. Juvenile records are generally confidential.

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

No Wisconsin county depends on federal court more than Menominee. The county sits in the Eastern District of Wisconsin. Cases go to the Green Bay Division, about an hour from Keshena by car.

  • Federal court clerk, Green Bay: (920) 884-3720. Office: Suite 102, 125 S. Jefferson Street.
  • U.S. Attorney (Green Bay): (920) 884-1066. Office: Suite 301, 205 Doty Street.
  • Federal Defender Services of Wisconsin: (920) 430-9900. Office: 801 E. Walnut Street, Green Bay. When it cannot, a CJA panel attorney is appointed.
  • Pretrial Services and Probation (Green Bay): (920) 884-7780. Office: Room 301, 125 S. Jefferson Street.

Why so many cases here are federal

Wisconsin is a Public Law 280 state. Normally that puts reservation crimes in state court. The Menominee Reservation is the exception. Federal recognition of the tribe was restored in 1973. The state then gave up its jurisdiction there, effective March 1, 1976. Today the U.S. Attorney prosecutes serious reservation crimes by tribal members. Many crimes by non-members against members are federal too. Two statutes govern: the Major Crimes Act; the General Crimes Act. The Menominee Tribal Court may also prosecute members; federal law caps its sentences. Apart from reservation cases, the usual federal charges apply here as anywhere. Examples: drug trafficking; guns held by prohibited persons; bank robbery; child exploitation; fraud.

The federal process

In federal court, Wisconsin's cash bail rules give way to the Bail Reform Act. An arrested defendant first faces a U.S. magistrate judge in Green Bay. A lawyer is appointed if the person cannot afford one. Release on conditions is one option. Pretrial Services then supervises. Or the judge may order detention after a hearing. Expect that hearing within about three court days. When charges begin by complaint, an indictment must follow. The grand jury has 30 days. After indictment, a 70-day trial deadline applies; that comes from the Speedy Trial Act. Excludable delays often extend it. Guilty pleas end most cases. At trial, 12 jurors must agree unanimously.

A presentence report precedes sentencing. Then the advisory Guidelines are calculated. Mandatory minimums bind the judge. There is no federal parole. Good-time credit leaves roughly 85 percent to serve. That happens in Bureau of Prisons custody. Supervised release starts afterward. The Seventh Circuit, in Chicago, takes appeals.

Finding someone in federal custody

Search by name or register number: Federal Bureau of Prisons inmate locator. Federal detainees awaiting trial often stay in county jails under U.S. Marshals Service contracts. A person held that way may be on the jail's roster too.

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Here you have general information on Menominee County, Wisconsin criminal cases. It is not legal advice. Reservation jurisdiction turns on the facts of each case, and court and custody arrangements can change. See a lawyer about a specific charge. In a state case, ask at the jail for a public defender, or call the SPD's Shawano office at (715) 524-2521. The Menominee County Sheriff's Office, (715) 799-3357, can say where someone is held.

Criminal Court Process for Menominee County Wisconsin

Menominee 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 Menominee 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, Menominee 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 Menominee 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 Menominee 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, Menominee County or a city or town.  The prosecuting attorney for Menominee 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 Menominee 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 Menominee 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 Menominee 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 Menominee 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 Menominee County Clerk of Court website. If you do not pay your fine on time, you can lose your driver’s license, must pay additional fees or even have a warrant for your arrest.  It is important to read the instructions on the ticket issued by the police officer or court at the time of your arrest. For a parking ticket or summary citation, the fine amount and how to send payment should be on the ticket. 

Wisconsin Criminal Court System - How it Works

Municipal courts are the same as a city or town court and handle violations of city ordinances (city laws), traffic violations, parking violations and criminal misdemeanor offenses such as disorderly conduct, underage drinking and trespassing that occur within the city or towns police jurisdiction. There are 229 municipal courts in Wisconsin and some towns use a court jointly.

Circuit courts handle misdemeanors and felonies from beginning (preliminary hearings) to end (settlement or trial).  Circuit courts also handle some traffic matters and juvenile cases.  

Specialty Courts serve people who would benefit from alcohol, drug and other rehabilitative services.  Wisconsin offers a problem-solving court that oversees specialty courts as drug treatment, OWI, mental health, juvenile, domestic violence and veterans courts. 

The Wisconsin Courts of Appeal will hear cases and correct errors or allow information from the lower courts that lead to the appeal.  They do not hear the case as if it were new.

The Wisconsin Supreme Court is like our United States’ Supreme Court because it has a panel of judges that rule on matters that have to do with someone’s constitutional rights or policies and laws. The Wisconsin State Supreme Court deals with the state constitution or laws or policies. Sometimes the Supreme Court will hear criminal cases on appeal when there is a question on the state laws or procedures that lead to the appeal.  

The criminal cases are usually referred from the district courts of appeal.

FEDERAL COURT

Federal Court deals with crimes involving violations of United States laws.  Federal crimes include federal drug trafficking, federal tax evasion and fraud that crossed state lines and include crimes that occur on federal property as post offices or federal buildings.  

Cases involving crimes that involve the FBI or DEA or Immigration agencies are federal crimes. Terrorism is a federal crime. 

There are some differences in the Federal court system as compared to the Wisconsin state court system. For example, the attorneys who work for the courts are called United States Attorneys and Federal judges are called District Court Judges (not to be confused by local state district courts).  

Federal Magistrate Judges hear the case early on, but they do not decide on the cases at a trial like the Federal District Court Judges. In a federal case, a grand jury is used for indictments.

There are two U.S. Federal Judicial Districts in Wisconsin.

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