Oconto County Jail Criminal Court Process
Criminal Court Process for Oconto County Wisconsin
Oconto County stretches from the shore of Green Bay at Oconto, the county seat, up through farm country around Oconto Falls and Gillett to the forests near Lakewood and Townsend. State criminal charges from anywhere in the county go to the Oconto County Circuit Court, which has two branches and sits in the courthouse at 301 Washington Street. Ordinance tickets written inside Oconto, Oconto Falls, Gillett, Suring, Lena and the towns that belong to the Gillett joint court are heard by those municipal courts instead. The elected Oconto County District Attorney prosecutes every state charge, and adults held after an arrest are booked into the Oconto County Jail, which the Sheriff operates in Oconto.
- Oconto County Circuit Court (Branches I and II), Oconto County Courthouse, 301 Washington Street, Oconto, WI 54153; Clerk of Circuit Court (920) 834-6857; branch offices (920) 834-6837
- Oconto County District Attorney, 301 Washington Street, Oconto, WI 54153, (920) 834-6865; victim/witness program (920) 834-6832
- Oconto County Sheriff's Office, 220 Arbutus Avenue, Oconto, WI 54153 (mail: 301 Washington Street), non-emergency (920) 834-6900
- Oconto County Jail, Sheriff's Office building, 220 Arbutus Avenue, Oconto, WI 54153, jail (920) 834-6918
- Wisconsin State Public Defender, Peshtigo office (serves Oconto and Marinette counties), 101 N. Ogden Road, Suite C, Peshtigo, WI 54157, (715) 582-1194
- Oconto County Health & Human Services (juvenile intake and youth services), 501 Park Avenue, Oconto, WI 54153, (920) 834-7000
Which court hears your case. Local ordinance tickets belong in the municipal court of the city, village or town where the stop happened if that place has one: Oconto, Oconto Falls, Suring, Lena, the Gillett Joint Municipal Court, or, for the Towns of Little Suamico and Chase, the Suamico Area Joint Municipal Court based in Brown County. The same goes for a first-offense OWI, which in Wisconsin is a civil forfeiture that becomes a crime only when a passenger under 16 was in the vehicle. Everywhere else in the county, including Abrams and Pensaukee, those citations are filed in the circuit court. The District Attorney files misdemeanors and criminal traffic counts, among them a second OWI or operating after revocation, in the Oconto County Circuit Court, which assigns each case to Branch I or Branch II. A felony is handled start to finish by the same circuit court: initial appearance, preliminary hearing, arraignment and trial.
Where pretrial inmates are held. People arrested by deputies, by the city police in Oconto, Oconto Falls or Gillett, or by the State Patrol on U.S. 41 or Highway 141 are booked at the Sheriff's jail on Arbutus Avenue in Oconto. Anyone who cannot meet the conditions or cash bail set by the court stays there until the case ends or the conditions are met; the jail line is (920) 834-6918 and the Sheriff's non-emergency number is (920) 834-6900.
- Local courts in Oconto 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 Oconto County
- Federal cases (U.S. District Court) from Oconto County
Local courts in Oconto County (circuit court and municipal courts)
Oconto County has one circuit court with two judges and five municipal courts. The municipal courts decide only local ordinance cases, such as speeding under a local ordinance, underage drinking, disorderly conduct written as an ordinance ticket, or a first OWI. They impose forfeitures (money penalties) and license consequences, not jail, although a person who ignores a judgment can end up jailed for nonpayment. In some situations, such as a request for a jury trial, a case can be moved to the circuit court, and a municipal court decision can be appealed there; the citation and the court clerk can explain the deadlines.
Circuit court
- Oconto County Circuit Court, 301 Washington Street, Oconto, WI 54153. Clerk of Circuit Court (920) 834-6857, open 8 a.m. to 4 p.m. on weekdays. Court commissioner's office (920) 834-6838.
Municipal courts
- Oconto Municipal Court (City of Oconto), City Hall, 1210 Main Street, Oconto, WI 54153, (920) 834-7718. Court meets on the first Thursday of the month, with juvenile matters at 3:30 p.m. and adult matters at 4 p.m.
- Oconto Falls Municipal Court (City of Oconto Falls), 500 N. Chestnut Avenue, P.O. Box 70, Oconto Falls, WI 54154, (920) 846-4505
- Gillett Joint Municipal Court, 150 N. McKenzie Avenue, Gillett, WI 54124, (920) 855-2255. It serves the City of Gillett and the towns of Brazeau, Breed, Doty, Gillett, Green Valley, Lakewood, Mountain, Riverview, Townsend and Underhill.
- Suring Municipal Court (Village of Suring), 604 E. Main Street, P.O. Box 31, Suring, WI 54174, (920) 842-2333
- Lena Municipal Court (Village of Lena), 117 E. Main Street, Lena, WI 54139, (920) 829-5226
- Suamico Area Joint Municipal Court (Towns of Little Suamico and Chase, which share the court with the Brown County Village of Suamico), 12781 Velp Avenue, Suamico, WI 54313, (920) 544-8711
- Pulaski Area Municipal Court, P.O. Box 320, Pulaski, WI 54162, (920) 822-5182, for tickets written in the small part of the Village of Pulaski that extends into Oconto County
Prosecution, defense, police and juvenile intake
- Oconto County District Attorney, 301 Washington Street, Oconto, WI 54153, (920) 834-6865
- State Public Defender, Peshtigo office, 101 N. Ogden Road, Suite C, Peshtigo, WI 54157, (715) 582-1194
- Oconto County Sheriff's Office, 220 Arbutus Avenue, Oconto, WI 54153, (920) 834-6900, which patrols the towns and runs the Oconto County Jail
- City police departments in Oconto, Oconto Falls and Gillett; a few villages, such as Suring, also keep local officers, and the rest of the county relies on the Sheriff
- Oconto County Health & Human Services, 501 Park Avenue, Oconto, WI 54153, (920) 834-7000; child and family services line (920) 834-7018
Paying a municipal ticket does not settle a criminal charge filed in circuit court for the same incident, and someone arrested on a warrant cannot post bail with a municipal clerk. Questions about release go to the jail or the Clerk of Circuit Court.
Misdemeanor (for example, theft, battery, disorderly conduct, a second OWI)
Most misdemeanor files in Oconto County start with a traffic stop on U.S. 41 or Highway 22, a shoplifting call in Oconto or Oconto Falls, or a domestic disturbance in one of the townships.
Booking and release
An arrested adult is fingerprinted and photographed at the Oconto County Jail. Plenty of people booked on lower-level charges walk out on a signature bond, signing a promise to come to court that may name a sum they would owe only if they skip, or simply with a citation listing the court date. Domestic abuse calls are different: officers usually must arrest, and once out of jail the person is barred for 72 hours from contacting the alleged victim, a rule the victim can waive in writing. Bail bond companies are not allowed in Wisconsin; a defendant or relative brings any cash required to the jail or to the Clerk of Circuit Court's office in the courthouse.
The first court date
A person still held is brought before a judge or court commissioner, generally within about 48 hours and often by video from the jail. The court reads the charge from the District Attorney's criminal complaint, sets or changes release conditions (no alcohol, no contact, no weapons), and asks whether the person wants a lawyer. Jail staff can start a public defender application, or a family member can call the State Public Defender in Peshtigo at (715) 582-1194. Qualifying depends on a tight review of income and assets; people who miss the cutoff yet still cannot pay for a lawyer may ask the Oconto County judge to appoint one at county expense.
Penalties for the example charges in Oconto County
- Theft ($2,500 or less) and battery: Class A misdemeanors; an Oconto County judge can impose as much as 9 months in jail, a fine reaching $10,000, or both.
- Disorderly conduct: Class B, with up to 90 days and $1,000; a domestic abuse modifier triggers the no-contact rule, an assessment, and in some cases a firearm ban.
- A second OWI inside a 10-year window becomes a crime in the Oconto County Circuit Court: the judge must impose at least 5 days and no more than 6 months behind bars, along with a fine, revocation, an assessment and an interlock on the vehicle. Penalties climb with a third offense, and a fourth is generally a felony.
- A Class C misdemeanor, the lowest level, carries up to 30 days and $500.
Oconto County misdemeanor cases close in many ways: dismissal, a deferred prosecution agreement, a plea to something less serious, fines and court costs, probation, or a jail term that judges here often let people serve with Huber release for work. Six jurors decide a misdemeanor trial. Expect two to six months from charge to finish.
Felony (for example, burglary, felony theft, drug possession with intent to deliver, substantial battery)
Felony charges here frequently involve methamphetamine and fentanyl moving between the Green Bay area and the north woods, break-ins at cabins and seasonal homes, and repeat OWI. The Oconto County District Attorney decides what to file.
Step by step in the circuit court
- Complaint and initial appearance. The DA files a criminal complaint. At the initial appearance a judge or the court commissioner reviews the complaint and sets cash bail or a signature bond, plus conditions. A defendant who stays in the Oconto County Jail is brought up from Arbutus Avenue for each hearing.
- Preliminary hearing. A judge listens to enough evidence, usually from an officer, to decide whether probable cause supports a felony. The deadline is 10 days for a jailed defendant who cannot raise the cash amount and 20 days for everyone else. Many defendants waive it on a lawyer's advice.
- Information and arraignment. Once bound over, the case gets a formal charging document called an information, and the defendant answers it at an arraignment in Branch I or II.
- Plea or trial. Most felonies are resolved by a plea agreement. Twelve Oconto County jurors hear a felony trial, and their verdict must be unanimous. A defendant may file a speedy trial demand, which generally calls for trial within 90 days on a felony.
- Sentencing. Before sentencing, the court frequently asks a state probation agent to complete a presentence investigation.
Penalty ranges
- Burglary of a home, garage or cabin: Class F, carrying up to 12.5 years in prison and a $25,000 fine.
- Felony theft: Class I for $2,500 to $5,000 (up to 3.5 years), Class H to $10,000 (up to 6 years), and Class G above that (up to 10 years).
- Possession with intent to deliver: graded by substance and quantity, so even a few grams of meth or fentanyl can be a Class F felony, while large amounts reach Class C.
- Substantial battery: Class I. Aggravated battery: Class H, or Class E when great bodily harm was intended.
A Wisconsin prison sentence has two parts, time in custody and then extended supervision in the community, and parole is gone for crimes committed after 1999. The sentencing judge decides whether a person may enter the Challenge Incarceration or Substance Abuse Program to shorten confinement. Probation with conditional jail time in Oconto is common for first offenders. The Peshtigo public defender office, (715) 582-1194, or a private attorney it assigns will handle most indigent felony cases. Six months to a year is typical.
Violent felony (for example, homicide, sexual assault, armed robbery)
Homicides and armed robberies are uncommon in Oconto County; sexual assault cases, including those involving children, make up a larger share of its serious docket. The Sheriff's Office often investigates with the state Division of Criminal Investigation, and the defendant is usually held at the Oconto County Jail while the case is pending.
Release
Cash bail in a violent case is often set high, with strict no-contact terms. Voters amended the state constitution in 2023 so that, for a person accused of a violent crime, an Oconto County judge may take into account the danger of serious harm to the public as well as the defendant's history and whether the person is likely to come back to court.
What the law provides
- First-degree intentional homicide: Class A, which requires a life sentence; at sentencing the judge picks an earliest date for extended supervision or rules that the person will never be released.
- Second-degree intentional homicide or first-degree reckless homicide: each a Class B felony, punishable by as many as 60 years.
- First-degree sexual assault: Class B, punishable by up to 60 years, and assaults of very young children can trigger a lengthy mandatory minimum.
- Armed robbery: Class C, with a ceiling of 40 years and $100,000; ordinary robbery, with no weapon involved, is a Class E felony capped at 15 years.
Capital punishment ended in Wisconsin in 1853. These cases go through the same complaint, preliminary hearing, information and arraignment steps, but expert testing and motions push most of them to one or two years. Victims have rights under Marsy's Law, including notice and the chance to be heard at sentencing; the District Attorney's victim/witness staff at (920) 834-6832 can explain them. The State Public Defender assigns experienced counsel to homicide and serious sexual assault cases.
Juveniles (under 17) arrested in Oconto County
Oconto County's juvenile court stops at age 16; Wisconsin law sends a 17-year-old accused of a crime straight to adult court. Delinquency cases for children aged 10 through 16 are heard by the Oconto County Circuit Court sitting as the juvenile court, in closed hearings at the courthouse on Washington Street. Municipal courts in Oconto and the other cities and villages also hear some ordinance tickets against juveniles, such as underage drinking or truancy.
Intake
When an officer refers or takes a child into custody, a juvenile intake worker with Oconto County Health & Human Services (501 Park Avenue, (920) 834-7000) decides whether the child can go home with a parent, should be placed in a shelter or with relatives, or must be held in secure detention. From there, intake can wrap up a minor incident informally, set up a deferred prosecution agreement, or pass the file to the District Attorney with a recommendation to file a delinquency petition.
Detention and the custody hearing
Because Oconto County runs no locked youth facility, a child who must be securely held usually goes to a regional center used by northeastern Wisconsin counties, for example the Brown County Juvenile Detention Center in Green Bay. Any child kept in custody is generally entitled to a hearing before the judge or a commissioner within 24 hours after intake makes that call, with Saturdays, Sundays and legal holidays not counted. The State Public Defender represents children in delinquency cases regardless of family income; the Peshtigo office number is (715) 582-1194.
Possible results
- Dismissal, a deferred prosecution agreement, or a consent decree that suspends the case while the child follows rules.
- A delinquency finding with supervision at home, community service, restitution, counseling or electronic monitoring.
- Out-of-home placement in a foster home, group home or residential center, or a Type 2 placement under county supervision.
- For the most serious cases, a Type 1 commitment to the state's secure schools, Lincoln Hills School for boys and Copper Lake School for girls in Irma, or the Serious Juvenile Offender program.
When a youth faces adult court
Prosecutors may petition for waiver, asking the juvenile judge to send a youth aged 14 or older (younger only in a few grave situations) to adult criminal court. Some cases begin in adult court with no waiver at all: a child as young as 10 charged with first-degree intentional homicide or attempting it, first-degree reckless homicide or felony murder, and certain youths with an earlier delinquency adjudication who are accused of specified new crimes. Juvenile records in Oconto County are generally confidential, with limited exceptions.
Federal cases (U.S. District Court) from Oconto County
Oconto County lies in the Eastern District of Wisconsin and is assigned to its Green Bay Division, so a federal charge from Oconto, Lakewood or anywhere between is heard at the federal courthouse in downtown Green Bay, less than an hour south.
- Clerk's office, U.S. District Court (Green Bay Division): 125 South Jefferson Street, Suite 102, Green Bay, WI 54301, phone (920) 884-3720
- Federal prosecutors (U.S. Attorney for the Eastern District of Wisconsin): Green Bay branch on the third floor at 205 Doty Street, Suite 301, phone (920) 884-1066
- Federal Defender Services of Wisconsin: its Green Bay lawyers work from 801 East Walnut Street, second floor ((920) 430-9900); when that office has a conflict, the court appoints a private lawyer from the Criminal Justice Act panel
- Pretrial Services and Probation (federal): Room 301 in the same Jefferson Street building in Green Bay, (920) 884-7780
When an Oconto County arrest becomes federal
In Oconto County the cases that most often cross into the federal system are drug conspiracies worked by multi-agency task forces, guns found with people barred from owning them, bank holdups, internet crimes against children and sizable frauds. Federal forest land covers much of the northwest corner of the county around Lakewood and Townsend, part of the Chequamegon-Nicolet National Forest; offenses committed there may be prosecuted federally, though state charges remain possible. Just west of the county line lies the Menominee Reservation, where Wisconsin returned criminal jurisdiction to the federal government in 1976; serious crimes by or against tribal members there go to federal court in Green Bay rather than the Oconto County Circuit Court.
How a federal case moves
An Oconto County resident charged federally first stands before a U.S. magistrate judge in Green Bay, who reviews the accusation and arranges a lawyer for anyone unable to hire one. The state's cash bail rules stay behind: federal release is decided under the Bail Reform Act, which leads either to conditions watched over by Pretrial Services officers or to detention, typically after a hearing no more than three court days after prosecutors ask for one. When agents arrest on a complaint, prosecutors have 30 days to obtain a grand jury indictment; the Speedy Trial Act then starts a 70-day count toward trial, which judges regularly pause for motions and plea talks. Guilty pleas end the large majority of federal cases, and when one is tried, all 12 jurors must agree.
Before sentence is imposed, a federal probation officer prepares a report on the offense and the person's history, and the judge works from the advisory Sentencing Guidelines, bound only by any mandatory minimum in the statute. Federal time has no parole: with good-conduct credit a prisoner still serves about 85 percent of the sentence in a Bureau of Prisons facility before starting supervised release. An appeal is taken to the Seventh Circuit, which sits in Chicago. Very few Oconto County juveniles are ever charged in federal court.
Locating someone in federal custody
To check on someone already in federal custody, type a name or an eight-digit register number into the Federal Bureau of Prisons inmate locator. Federal pretrial detainees boarded in a county jail through an agreement with the U.S. Marshals Service can also appear on that county jail's own roster.
This guide gives general information about criminal cases in Oconto County, Wisconsin, and is not legal advice; court schedules, municipal court arrangements and jail practices can change. Only a lawyer who has reviewed the file can advise on a particular Oconto County charge. Help applying for a public defender is available from jail staff or from the Peshtigo office of the State Public Defender, (715) 582-1194; custody questions go to the Oconto jail desk, (920) 834-6918, or the Sheriff's non-emergency line, (920) 834-6900.
Criminal Court Process for Oconto County Wisconsin
Oconto 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 Oconto 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, Oconto 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 Oconto 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 Oconto 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, Oconto County or a city or town. The prosecuting attorney for Oconto 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 Oconto 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 Oconto 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 Oconto 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 Oconto 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 Oconto 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.
