Outagamie County Jail Criminal Court Process

Search for an Inmate or Active Arrest Warrant in Outagamie County

Criminal Court Process for Outagamie County Wisconsin

Appleton is the county seat of Outagamie County, and nearly every piece of a local criminal case happens in one building there: the Outagamie County Justice Center on South Walnut Street. Its seven-branch Outagamie County Circuit Court hears all state crimes from the county, while a cluster of village, city and town municipal courts take local ordinance tickets. Charges are brought by the elected Outagamie County District Attorney, and adults arrested anywhere from Kaukauna to Shiocton are booked into the Outagamie County Jail, which the Sheriff's Office runs inside the same complex.

  • Outagamie County Circuit Court (Branches 1 through 7) and Clerk of Circuit Courts, Outagamie County Justice Center, 320 S. Walnut Street, Appleton, WI 54911, (920) 832-5131; traffic questions and not-guilty pleas (920) 832-5653
  • Outagamie County District Attorney, 320 S. Walnut Street, Appleton, WI 54911, (920) 832-5024
  • Outagamie County Sheriff's Office, 3030 E. Goodland Drive, Appleton, WI 54911, (920) 832-5605; non-emergency dispatch (920) 832-5000
  • Outagamie County Jail, Justice Center, 320 S. Walnut Street, Appleton, WI 54911, central control (920) 832-5266
  • Wisconsin State Public Defender, Appleton office (serves Outagamie and Calumet counties), 100 W. Lawrence Street, Suite 250, Appleton, WI 54911, (920) 832-2774
  • Outagamie County Health & Human Services, Children, Youth & Families (juvenile intake and youth justice), 320 S. Walnut Street, Appleton, WI 54911, (920) 832-5161

Which court hears your case. Ordinance violations, and a first-offense OWI (in Wisconsin a civil forfeiture rather than a crime, unless a child under 16 was riding in the vehicle), are heard in the municipal court of the community where the ticket was written if that city, village or town has one; Grand Chute, Kaukauna, Kimberly, Little Chute, Combined Locks, Hortonville, Seymour and several others do. Otherwise the citation is filed in the circuit court. Misdemeanors and criminal traffic charges, such as a second OWI or operating after revocation, go to the Outagamie County Circuit Court, and so does every felony, from the initial appearance and preliminary hearing to trial and sentencing. Under the county's local court rules, criminal felony, misdemeanor and criminal traffic cases are spread by computer in equal shares among the judges of all seven branches, with court commissioners handling the first hearings.

Where pretrial inmates are held. Appleton police, Grand Chute officers, Fox Valley Metro, the smaller village departments and sheriff's deputies all bring arrested adults to the Sheriff's Office Corrections Division in the Justice Center at 320 S. Walnut Street. The facility has room for roughly 550 people and holds those waiting for an initial appearance, those who cannot post bail, and people serving county jail sentences. Youths who need secure custody are not kept there; they are taken to a juvenile detention center outside the county under a contract (see the juvenile section below). For custody questions, call central control at (920) 832-5266.

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

Two kinds of court operate in Outagamie County. The circuit court is part of the state court system; it alone can hear a crime, and its judicial district covers the entire county. Municipal courts belong to individual communities and hear only local ordinance cases: a village speeding ticket, underage drinking, a noise complaint, an ordinance-level retail theft, or a first OWI written under a local code. Those courts impose forfeitures (money penalties) and related orders such as license suspensions; they cannot jail anyone for the violation, only as a last step to enforce a forfeiture that goes unpaid. In some situations a defendant can ask to have a municipal case moved to the circuit court, but the rules are narrow and the time to ask is short, so talk with the municipal court clerk or a lawyer early.

The circuit court

Municipal courts serving Outagamie County communities

  • Grand Chute Municipal Court (Town of Grand Chute), 1900 W. Grand Chute Boulevard, Grand Chute, WI 54913, (920) 832-1605
  • Kaukauna Municipal Court (City of Kaukauna), City offices, 144 W. Second Street, Kaukauna, WI 54130 (mail: P.O. Box 890), (920) 766-6345
  • Kimberly Municipal Court (Village of Kimberly), 515 W. Kimberly Avenue, Kimberly, WI 54136, (920) 788-7500
  • Little Chute Municipal Court (Village of Little Chute), 108 W. Main Street, Little Chute, WI 54140, (920) 423-3849
  • Combined Locks Municipal Court (Village of Combined Locks), 405 Wallace Street, Combined Locks, WI 54113, (920) 788-7746
  • Hortonville Municipal Court (Village of Hortonville), Hortonville, WI 54944 (mail: P.O. Box 99), (920) 779-9542
  • Seymour Municipal Court (City and Town of Seymour), 238 N. Main Street, Seymour, WI 54165, (920) 833-2209
  • Shiocton Municipal Court (Village of Shiocton), Shiocton, WI 54170 (mail: P.O. Box 96), (920) 986-9303
  • Black Creek/Bear Creek/Nichols Municipal Court (Villages of Black Creek, Bear Creek and Nichols), 301 N. Maple Street, Black Creek, WI 54106, (920) 519-0016
  • New London Municipal Court (City of New London, which straddles the Outagamie–Waupaca line, and the City of Weyauwega), 215 N. Shawano Street, New London, WI 54961, (920) 982-8508
  • Winneconne Joint Municipal Court (ordinance cases from the Town of Hortonia, which belongs to this Winnebago County court), 30 South 1st Street, Winneconne, WI 54986, (920) 582-4381
  • Wrightstown Municipal Court (Village of Wrightstown, which reaches into eastern Outagamie County from Brown County), 352 High Street, Wrightstown, WI 54180, (920) 532-5547

The statewide municipal court directory, last issued in 2021, lists no municipal court for the City of Appleton or for most of the county's towns, and the 2024 state caseload figures show none for Appleton either. Ordinance citations from those places are generally filed in the circuit court at the Justice Center unless the municipality has formed or joined a court since then, so read the citation: it names the court and the date of the first appearance.

Prosecution, defense, police and juvenile intake

  • Outagamie County District Attorney, 320 S. Walnut Street, Appleton, WI 54911, (920) 832-5024
  • Wisconsin State Public Defender, Appleton office, 100 W. Lawrence Street, Suite 250, Appleton, WI 54911, (920) 832-2774
  • Outagamie County Sheriff's Office, 3030 E. Goodland Drive, Appleton, WI 54911, (920) 832-5605. Since September 2026, deputies have also provided police service to the Village of Kimberly under contract.
  • Appleton Police Department, 222 S. Walnut Street, Appleton, WI 54911, (920) 832-5500
  • Grand Chute Police Department, 1900 W. Grand Chute Boulevard, Grand Chute, WI 54913, (920) 832-1575
  • Fox Valley Metro Police Department (Little Chute), 200 W. McKinley Avenue, Little Chute, WI 54140, (920) 788-7505
  • Kaukauna Police Department, 144 W. Second Street, Kaukauna, WI 54130
  • Hortonville (531 N. Nash Street), Seymour (306 N. Main Street) and Shiocton also have village or city police departments; the Oneida Nation has its own police department on the reservation.
  • Outagamie County Health & Human Services, Children, Youth & Families, 320 S. Walnut Street, Appleton, WI 54911, (920) 832-5161

Municipal court cases carry no right to an appointed lawyer from the State Public Defender, because the ordinance violation itself cannot lead to jail. Anyone charged in circuit court with a crime may apply. An arrest on an ordinance matter rarely produces cash bail; most people get a ticket and a court date and go home.

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The Outagamie County Justice Center and its seven branches

Outagamie County's courtrooms, the Clerk of Circuit Courts, the District Attorney and the jail all sit on the county's downtown Appleton campus at 320 S. Walnut Street, a few blocks south of College Avenue.

The seven branches share the criminal workload. According to the local court rules in effect for 2026, each judge is assigned an equal, computer-chosen share of new felony, misdemeanor and criminal traffic files, so a case number does not tell you in advance which judge will hear it. Branches 1 through 4 also split the juvenile caseload, and Branches 5 through 7 split mental commitment and guardianship cases. Court commissioners run the county's intake court, where initial appearances in felony and misdemeanor cases, ordinance and traffic matters, juvenile detention hearings and search warrant requests are handled.

Useful numbers at the Justice Center

Cash bail that is returned at the end of a case is first applied to fines, forfeitures and court costs, according to the local rules, which matters to family members who posted money. Defendants who cannot afford a lawyer can ask the State Public Defender's Appleton office, which is a short walk away on Lawrence Street, for an eligibility review.

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What happens after an arrest in Outagamie County (booking, intake court and bail)

Booking. After an arrest, officers take the person to the Outagamie County Jail, where staff record identifying information, take fingerprints and photographs, inventory property and run warrant checks. Many people arrested for lower-level misdemeanors are released after booking on a citation or a signature bond with a court date. Others are held until a court commissioner reviews the case.

Intake court. Outagamie County's court commissioners preside over intake court, the first stop for nearly every new criminal case. An in-custody defendant is generally brought before the commissioner within about 48 hours of a warrantless arrest, often on video from the jail. The commissioner confirms the person's identity, makes sure there is probable cause, gives a copy of the criminal complaint, explains the right to counsel and sets release conditions.

Release conditions. The commissioner may order a signature bond, which is a written promise to appear, sometimes with a dollar amount that becomes owed after a missed court date, or cash bail in a set amount. Either can come with conditions such as no contact with an alleged victim, no alcohol, no driving without a license, or regular check-ins with the county's pretrial services. Wisconsin has no commercial bail bond industry, so cash is posted directly by the defendant or someone on their behalf at the jail or the clerk's office. Since a 2023 amendment to the state constitution, a judge setting cash bail for someone charged with a violent crime may weigh the risk of serious harm to the public, among other factors. A request to change bail is made in writing and then set for a hearing.

Domestic abuse arrests. Police must arrest in many domestic abuse situations, and a person released after such an arrest generally may not contact the alleged victim for 72 hours unless the victim waives that in writing.

Next steps. At intake court a misdemeanor defendant typically enters a plea and gets a date with the assigned judge. A felony defendant gets a preliminary hearing date: the local rules call for it within 10 days when the person is in custody on cash bail above $500 and within 20 days otherwise. Anyone who wants a public defender should ask for an application at the jail or call the State Public Defender's Appleton office.

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The Outagamie County Jail

The Outagamie County Jail is run by the Corrections Division of the Sheriff's Office and sits in the Justice Center at 320 S. Walnut Street, Appleton, WI 54911. It has about 556 beds and holds three groups: people arrested and awaiting their first hearing, defendants held because they have not posted bail, and people serving county sentences of up to a year (or longer when sentences are stacked). Some inmates serving sentences receive Huber privileges, which let them leave for work, school or treatment and return to the facility afterward.

Families usually want to know three things: whether the person is in custody, what bail has been set and when the next hearing is. Jail staff can confirm custody and the posted bail amount; the court record shows the hearing dates. Questions about whether someone qualifies for a public defender go to the State Public Defender's Appleton office at (920) 832-2774, which also screens people in custody.

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Public defenders and appointed counsel in Outagamie County

The Wisconsin State Public Defender represents eligible adults and juveniles in Outagamie County through its Appleton trial office at 100 W. Lawrence Street, Suite 250, Appleton, WI 54911, (920) 832-2774. The same office covers Calumet County. Staff attorneys take many cases, and the office assigns others to private lawyers who accept public defender appointments.

How to apply

  • From custody: ask a jail officer at the Outagamie County Jail for a public defender application, or tell the commissioner at intake court that you want one. An intake worker from the office may interview people in the jail.
  • Out of custody: call or visit the Appleton office as soon as you receive a summons or complaint, and bring proof of income, assets and household expenses.
  • The test: eligibility follows a strict financial formula set by state law, which looks at income, assets and the expected cost of hiring a lawyer for the type of charge. Many people with jobs do not qualify.

If the State Public Defender finds someone ineligible but that person still cannot afford a private lawyer, the circuit court may, in some circumstances, appoint counsel at county expense, and the defendant may later be asked to repay some or all of the cost. Ask the judge about this at the first hearing rather than going without representation. A lawyer can also argue at a bail review for lower cash or a signature bond.

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The District Attorney, deferred prosecution and diversion

The Outagamie County District Attorney's Office, at 320 S. Walnut Street in Appleton ((920) 832-5024), decides what charges to file after police send a referral, prosecutes misdemeanors, criminal traffic offenses and felonies in circuit court, and files juvenile delinquency petitions. Its victim/witness staff keep crime victims informed of hearing dates and their rights under Marsy's Law.

Paths that can avoid a conviction in Outagamie County

  • Pre-charge diversion. According to the state's criminal justice coordinating council, this program started as a young adult offender effort for 17-year-olds, run by the District Attorney's Office with youth and family services, then expanded to 18- and 19-year-olds in 2016 and is now open to people of any age who meet its criteria. Participants sign a one-year deferred prosecution agreement; if they complete it, the charges are never filed.
  • Deferred prosecution or deferred judgment after charging. In a filed case, the prosecutor may offer an agreement that holds the case open while the defendant completes conditions such as treatment, restitution or community service. Success can mean dismissal or a reduced charge; failure sends the case back to the court for conviction and sentencing.
  • Treatment-based programs. Wisconsin's Treatment Alternatives and Diversion (TAD) funding supports county programs that pair diversion or a treatment court with substance use treatment. The county's Criminal Justice Treatment Services department, (920) 832-5160, also runs pretrial services and case management.

Whether an offer is made is up to the prosecutor, and eligibility usually depends on the charge, any record and the victim's views. Signing an agreement often requires admitting facts, so a defendant should review it with a lawyer first; the State Public Defender's Appleton office can advise eligible clients. Diversion is separate from bail, and release conditions stay in place until the court changes them.

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Outagamie County treatment courts (drug and alcohol, OWI, mental health, veterans)

Outagamie County runs three treatment courts through its Criminal Justice Treatment Services department. They are generally post-conviction programs: a participant enters after a plea, then works through phases of treatment, frequent testing and regular court reviews before a judge, with incentives for progress and sanctions for setbacks.

  • Drug and Alcohol Treatment Court (started 2009). A hybrid court with separate tracks for drug offenses and repeat OWI offenses, combining treatment, rehabilitation and close community supervision.
  • Mental Health Court (started 2012). For people with serious and persistent mental illness, many with co-occurring substance use disorders, whose illness is linked to their criminal behavior.
  • Veterans Treatment Court (started 2012). A multi-track court for veterans with substance use or serious mental health needs, which adds volunteer veteran mentors to treatment and accountability.

The county also offers SSTOP, a post-conviction program for people convicted of a second or third OWI, in which Criminal Justice Treatment Services provides case management; completing it can keep someone out of some or all of the jail time that would otherwise be served. Referrals usually come through defense counsel or the prosecutor, and a screening decides admission. People represented by the State Public Defender can ask their lawyer whether they might qualify. Entering a program does not by itself change bail conditions already set in the case.

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

In Outagamie County, a misdemeanor is charged by the District Attorney in a criminal complaint filed in the circuit court. Common examples at the Justice Center include shoplifting from Fox River Mall stores, bar-closing battery and disorderly conduct downtown, domestic disputes, and second-offense drunk driving.

Maximum penalties

  • Class A misdemeanor: up to 9 months in jail and a fine up to $10,000. Battery, theft of property worth $2,500 or less, and criminal trespass to a dwelling fall here.
  • Class B misdemeanor: a maximum of 90 days in jail and a $1,000 fine. Disorderly conduct is a Class B misdemeanor, often charged with a domestic abuse modifier that brings extra consequences.
  • Class C misdemeanor: the lowest misdemeanor class, with at most 30 days in the Appleton jail and a $500 fine.
  • Second OWI within 10 years: a criminal misdemeanor carrying mandatory jail of 5 days to 6 months, plus fines, license revocation, an alcohol assessment and an ignition interlock. A first OWI, by contrast, is a civil forfeiture unless a child under 16 was in the vehicle; a fourth offense is generally a felony.

The usual path

After arrest, many misdemeanor defendants leave the Outagamie County Jail on a signature bond, while others wait for intake court. At the initial appearance before a court commissioner, the defendant hears the charge, receives the complaint and enters a plea. The case then moves to one of the seven judges for pretrial conferences, where the prosecutor and defense exchange discovery and negotiate. Many cases end in a plea agreement, deferred prosecution or dismissal; those that go to trial are heard by a six-person jury. A defendant who demands a speedy trial is generally entitled to one within about 60 days in a misdemeanor case.

Sentences range from fines and probation to county jail time, which is often served with Huber release so the person can keep working. Most Outagamie County misdemeanor cases close in two to six months. Anyone facing possible jail can apply to the State Public Defender's Appleton office.

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

Felony cases in Outagamie County follow a set series of hearings in the circuit court. Methamphetamine and fentanyl delivery cases, many investigated with the regional drug unit, along with burglaries and serious batteries, are a large share of the Justice Center's felony calendar.

Felony classes and maximum terms

  • Class A: life imprisonment
  • Class B: 60 years
  • Class C: 40 years and $100,000
  • Class D: 25 years and $100,000
  • Class E: 15 years and $50,000
  • Class F: 12 years 6 months and $25,000 (burglary is Class F)
  • Class G: 10 years and $25,000
  • Class H: 6 years and $10,000
  • Class I: 3 years 6 months and $10,000 (substantial battery is Class I)

Theft over $2,500 is a felony that climbs from Class I (up to $5,000 in value) to Class H (up to $10,000) and then Class G. Aggravated battery in Outagamie County is charged as Class H, or as Class E where the intent was to cause great bodily harm. For possession with intent to deliver, the class depends on the drug and the amount.

Step by step

  1. Complaint and intake court. The DA files a criminal complaint, and a court commissioner holds the initial appearance and sets cash bail or a signature bond, often by video from the Outagamie County Jail.
  2. Preliminary hearing. This must start within 10 days if the defendant is in custody and cannot meet the bail set, or within 20 days otherwise. The court decides only whether probable cause exists that a felony was committed. Defense lawyers frequently waive it while plea talks are under way.
  3. Information and arraignment. If the case is bound over, the prosecutor files an information listing the charges, and the defendant enters a plea at arraignment.
  4. Pretrial and resolution. Motions, discovery and plea talks follow. Most felonies end in a plea agreement. At an Outagamie County felony trial, all 12 jurors must agree on the verdict; a speedy trial demand generally requires trial within about 90 days.
  5. Sentencing. The judge may order probation (sometimes with conditional jail time) or prison. A prison sentence is bifurcated into initial confinement and extended supervision under truth-in-sentencing; there is no parole for crimes committed after 1999, though some inmates qualify for the Challenge Incarceration or Substance Abuse earned release programs. Terms of a year or less are served locally, and anything longer is served in a state prison run by the Department of Corrections.

Most Outagamie County felony cases take six to twelve months. The State Public Defender's Appleton office handles a large portion of them.

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

The most serious crimes from Outagamie County follow the same felony steps but tend to involve higher cash bail, more contested hearings and a longer road to trial. Under the 2023 constitutional amendment, a judge or commissioner may consider the risk of serious bodily harm to others when setting cash bail and conditions for a person accused of a violent crime. A defendant who cannot post it remains in the Outagamie County Jail during the case.

Penalties for major violent offenses

  • First-degree intentional homicide: Class A, with a mandatory life sentence. The judge decides whether the person can ever seek release to extended supervision, and if so, after how many years, or orders life without that possibility.
  • First-degree reckless homicide or second-degree intentional homicide: each a Class B felony carrying up to 60 years.
  • First-degree sexual assault: Class B, punishable by up to 60 years, and certain child-victim offenses bring mandatory minimum prison time.
  • Armed robbery: a Class C felony punishable by as many as 40 years. Plain robbery, with no weapon, is Class E with a 15-year maximum.

Wisconsin abolished the death penalty in 1853, so no capital charge is possible in an Outagamie County homicide.

What to expect

These cases often involve forensic testing, expert witnesses, motions over statements and searches, and sometimes competency evaluations, so a year or two from charge to verdict is common. Victims have constitutional rights under Marsy's Law, adopted in 2020, including notice of hearings and the right to be heard at bail and sentencing proceedings; the DA's victim/witness staff handle those notifications. Many homicide and sexual assault defendants are represented by experienced State Public Defender staff attorneys or by private lawyers appointed by that office.

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Juveniles (under 17) arrested in Outagamie County

In Wisconsin, a 17-year-old charged with a crime is prosecuted as an adult. Juvenile court, which is the Outagamie County Circuit Court sitting under the Juvenile Justice Code, handles delinquency cases for children aged 10 through 16; Branches 1 through 4 share that docket.

Intake and custody

When police take a youth into custody, they contact juvenile intake at Outagamie County Health & Human Services, Children, Youth & Families ((920) 832-5161). The intake worker decides whether the child goes home to a parent, goes to a nonsecure placement such as a shelter, or is held in secure detention. Outagamie County does not run its own secure juvenile center; youth who must be held are typically taken under contract to a regional center, such as the Brown County Juvenile Detention Center in Green Bay or the Fond du Lac County Juvenile Detention Center. When a child is held, a custody hearing before a court commissioner or judge is generally required within 24 hours of the intake decision, not counting weekends and legal holidays. Children are not booked into the adult Outagamie County Jail for delinquency cases.

Charging and outcomes

Intake can close a referral, offer a deferred prosecution agreement, or refer it to the District Attorney, who decides whether to file a delinquency petition. The county's youth justice staff also handle many referrals informally. If a petition is filed, the case may end with a consent decree (a supervised agreement that suspends the case), or with a finding of delinquency followed by a dispositional order: supervision at home, community service, restitution, counseling, out-of-home or group placement, or, for the most serious cases, a Type 1 placement at Lincoln Hills School (boys) or Copper Lake School (girls), or the Serious Juvenile Offender program. Children have the right to a lawyer, and the State Public Defender represents juveniles without the adult financial test in delinquency cases.

Adult court for juveniles

The prosecutor may ask the juvenile court to waive a child aged 14 or older into adult court for many felonies, and some younger children for certain very serious charges. In addition, adult court has original jurisdiction, generally without a waiver hearing, over children 10 or older charged with attempted or first-degree intentional homicide, first-degree reckless homicide or felony murder, and over juveniles previously adjudicated delinquent who are accused of certain new violent crimes. These rules are technical, and families should get legal advice quickly. Juvenile court records and hearings are generally confidential, and secure detention is not a cash bail situation.

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

Outagamie County is part of the U.S. District Court for the Eastern District of Wisconsin, and its cases are assigned to the Green Bay Division. Federal hearings are held at the courthouse at 125 S. Jefferson Street, Suite 102, Green Bay, WI 54301 (clerk (920) 884-3720), about 30 miles from Appleton.

When a Fox Valley case goes federal

A federal prosecutor may take a case when it involves large-scale drug trafficking across state lines, gun possession by a convicted felon or other prohibited person, bank robbery, child sexual exploitation, or fraud schemes involving the mail, wires or federal programs.

Oneida Nation land

Part of the Oneida Reservation lies in eastern Outagamie County, with the rest in Brown County. Wisconsin is a Public Law 280 state, so crimes on the Oneida Reservation are generally prosecuted by the state in circuit court, the same as anywhere else in the county, and the Oneida Nation Judiciary (P.O. Box 19, Oneida, WI 54155, (920) 496-7200) handles tribal matters. Federal statutes that apply nationwide still apply there. The exception to state jurisdiction in Wisconsin is the Menominee Reservation, where serious crimes involving tribal members are federal cases.

Offices

  • U.S. Attorney's Office, Eastern District of Wisconsin, Green Bay branch, 205 Doty Street, Suite 301, Green Bay, WI 54301, (920) 884-1066
  • Federal Defender Services of Wisconsin has offices in Green Bay, Milwaukee and Madison. When it has a conflict, the court appoints a private lawyer from the Criminal Justice Act (CJA) panel.
  • U.S. Probation and Pretrial Services, Green Bay, 125 S. Jefferson Street, Room 301, Green Bay, WI 54301, (920) 884-7780

How federal cases move

Someone arrested on a federal charge is brought first before a U.S. magistrate judge, who explains the charges and appoints a Federal Defender or CJA lawyer if the person cannot afford one. Release is decided under the federal release statute of 1984 rather than state bail practice: the defendant is either released on conditions overseen by Pretrial Services or detained, and when the government seeks detention, a hearing is usually held within three court days. Charges begun by complaint have to be presented to a grand jury, which must indict within 30 days. The Speedy Trial Act calls for trial within 70 days, though that clock is often extended. Pleas resolve most of these cases, and a federal trial verdict needs all 12 jurors.

Before sentencing, a probation officer writes a presentence report, and the judge considers the advisory Sentencing Guidelines and any mandatory minimum. Federal prisoners are not eligible for parole and serve about 85 percent of their term in the Bureau of Prisons before supervised release begins. Any appeal is taken to the Chicago-based U.S. Court of Appeals for the Seventh Circuit. Federal charges against juveniles from Outagamie County are rare.

Finding someone in federal custody

Families looking for a federal prisoner from the Fox Valley can enter a name or register number in the Federal Bureau of Prisons inmate locator. Federal pretrial detainees boarded in a county jail through a U.S. Marshals contract may also show up on that jail's inmate roster, such as the Outagamie County Jail roster if the person is housed there. The Wisconsin State Public Defender does not take federal cases.

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This guide gives general information about criminal cases in Outagamie County, Wisconsin, and is not legal advice; court practices, programs and phone numbers change. For advice about a particular case, consult a Wisconsin criminal defense lawyer. To apply for a public defender, contact the State Public Defender's Appleton office at (920) 832-2774; to check on someone in custody, call the Outagamie County Jail at (920) 832-5266 or the Sheriff's Office at (920) 832-5605.

Criminal Court Process for Outagamie County Wisconsin

Outagamie 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 Outagamie 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, Outagamie 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 Outagamie 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 Outagamie 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, Outagamie County or a city or town.  The prosecuting attorney for Outagamie 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 Outagamie 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 Outagamie 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 Outagamie 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 Outagamie 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 Outagamie 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.

Courts

KAUKAUNA CITY CLERK OF COURTS
201 W 2ND ST
KAUKAUNA WI, 54130
920-766-6378
KIMBERLY VILLAGE CLERK-COURTS
515 W KIMBERLY AVE
KIMBERLY WI, 54136
920-788-7500
LITTLE CHUTE MUNICIPAL COURT
108 W MAIN ST
LITTLE CHUTE WI, 54140
920-423-3849
LITTLE CHUTE CLERK OF COURT
108 W MAIN ST
LITTLE CHUTE WI, 54140
920-423-3849
GRAND CHUTE MUNICIPAL COURT
1900 W GRAND CHUTE BLVD
APPLETON WI, 54913
920-832-1605

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