Portage County Jail Criminal Court Process
Criminal Court Process for Portage County Wisconsin
Stevens Point, a river city best known for its UW campus, is the Portage County seat, and the county's criminal calendar is heard in the Portage County Courthouse on Church Street. Three judges make up the Portage County Circuit Court, while ordinance tickets from Stevens Point and Plover go to one shared municipal court. The elected Portage County District Attorney, with offices inside that courthouse, decides what charges to file. Anyone the police do not release goes to the Portage County Jail, a Sheriff's Office facility in the Strongs Avenue Law Enforcement Center.
- Portage County Circuit Court (three branches), courthouse at 1516 Church St., Stevens Point 54481; Clerk of Circuit Court (715) 346-1364
- District Attorney of Portage County, 1516 Church St., Stevens Point 54481, (715) 346-1300
- Portage County Sheriff's Office, Law Enforcement Center, 1500 Strongs Ave., Stevens Point 54481, (715) 346-1400
- Portage County Jail, 1500 Strongs Ave., Stevens Point 54481, (715) 346-1259
- Portage County Juvenile Detention Center, 1500 Strongs Ave. (Law Enforcement Center building), (715) 346-1263
- State Public Defender trial office in Stevens Point (Portage and Waupaca counties), Suite 201, 1265 Main St., (715) 345-5382
- Health and Human Services, Portage County (youth intake), 817 Whiting Ave., Stevens Point, (715) 345-5350
Which court hears your case. When a Stevens Point or Plover officer writes an ordinance ticket, or cites a driver for a first-offense OWI (in Wisconsin a non-criminal forfeiture, except when the car carried a passenger aged 15 or younger), the case belongs to the Plover-Stevens Point Joint Municipal Court. The same sort of ticket from Amherst, Whiting, Park Ridge, Junction City, Rosholt or any town is answered in the Portage County Circuit Court, which also takes every state traffic citation written by deputies or State Patrol troopers on Interstate 39. Misdemeanors, repeat OWIs and the other criminal traffic offenses start and finish in circuit court on Church Street. Felonies stay there as well, from the first hearing and the preliminary examination to a jury verdict. Felony and misdemeanor files are spread across all three branches, and the clerk's staff will look up the assigned judge for you.
Where pretrial inmates are held. An adult who is kept after booking stays in the Portage County Jail at 1500 Strongs Avenue, Stevens Point, a building that also holds the county's 14-bed youth detention unit. Corrections staff answer (715) 346-1259 and will confirm custody and walk callers through posting bail. Because bondsmen are outlawed in Wisconsin, any cash set by the court is paid in its entirety, usually by the arrested person or a relative.
- Local courts in Portage 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 Portage County
- Federal cases (U.S. District Court) from Portage County
Local courts in Portage County (circuit court and municipal courts)
Portage County keeps things simple: one courthouse in Stevens Point for state charges, and a single joint municipal court for its two biggest communities.
Circuit court
- Portage County Circuit Court, 1516 Church St., Stevens Point 54481. The clerk's counter is on the courthouse's second floor and keeps weekday hours from 7:30 in the morning until 4:30 in the afternoon; call (715) 346-1364. Each of Branches 1, 2 and 3 has an elected judge, and court commissioners take some hearings. Deputies from the Sheriff's Court Services Unit, (715) 346-1270, handle courtroom security and bring in-custody defendants over from the jail.
Municipal court serving Portage County
- Plover-Stevens Point Joint Municipal Court (the City of Stevens Point and the Village of Plover), City Hall, 1515 Strongs Ave., Stevens Point 54481, (715) 342-4054
State caseload reports list no other municipal court in Portage County; this one took in more than 3,300 filings during 2024. Its docket is made up of local ordinance matters such as speeding, underage drinking, noise, ordinance-level shoplifting and first OWIs. The penalty in municipal court is a forfeiture, and jail enters the picture only as a consequence of not paying. Portage County tickets from places without a municipal court are filed on Church Street unless the citation directs otherwise. Under some circumstances a person cited in Stevens Point or Plover may be able to shift the case to circuit court; there are time limits, so raise it early with the court clerk or an attorney.
Prosecution, defense, police and youth services
- Portage County District Attorney, 1516 Church St., (715) 346-1300, which also houses a victim/witness program and a diversion program
- Wisconsin State Public Defender, Stevens Point office, Suite 201, 1265 Main St., (715) 345-5382
- Sheriff's Office and 24-hour Communications Center, 1500 Strongs Ave., (715) 346-1400
- Justice Programs, (715) 343-6280, and the county's Pretrial Supervision Program on the lower level of the Law Enforcement Center, (715) 346-1935
- Police agencies: Stevens Point Police Department, Plover Police Department, Whiting Police Department and the UW-Stevens Point university police; the Sheriff covers Amherst, Junction City, Rosholt, Nelsonville and the towns
- Portage County Health and Human Services, 817 Whiting Ave., (715) 345-5350, a number that also reaches the after-hours youth worker
Misdemeanor (for example, theft, battery, disorderly conduct, a second OWI)
A college town, a downtown full of taverns and an interstate keep Portage County's misdemeanor docket busy with Plover shoplifting cases, campus-area scuffles, domestic calls and repeat OWIs.
From the arrest to the first court date
Whether the arresting officer works for Stevens Point, Plover or the Sheriff, the next stop is the Portage County Jail on Strongs Avenue for fingerprints, a photo and a warrant check. For a low-level Portage County charge, many people walk out the same day on a signature bond: a signed promise to come back, with money owed only if a date is missed. Others get a citation and a court date. Someone the jail holds is brought before a judge or commissioner, ordinarily within two days and frequently by video from the jail, and conditions of release are set there. Typical conditions are a cash amount, sobriety, a curfew or staying away from the complaining witness, and Portage County can add check-ins and testing through its Pretrial Supervision Program. A domestic abuse arrest carries its own rule: for 72 hours after leaving jail, no contact with the complaining partner or family member is allowed unless that person signs a waiver.
Possible penalties in a Portage County misdemeanor
- Class A (battery; criminal trespass to a dwelling; theft of up to $2,500 in property): nine months in the Portage County Jail at most, plus up to $10,000 in fines.
- Class B (disorderly conduct, frequently tagged with a domestic abuse modifier that requires an assessment): ninety days and $1,000 at most.
- Class C: thirty days and $500 at most.
- OWI: a first offense here means a $150 to $300 forfeiture plus court costs, a license revocation of six to nine months, a required AODA assessment, and an interlock device if the driver refused the test or blew 0.15 or more. With a passenger under 16 on board, even a first OWI is criminal. A second offense inside ten years is criminal and carries five days to six months behind bars, while a fourth is usually charged as a felony.
Lawyers, outcomes and timing
To request appointed counsel, fill out an application at the jail or contact the State Public Defender in Stevens Point, (715) 345-5382. Its eligibility test looks hard at income and assets, and a Portage County applicant who is turned down yet is too poor to retain counsel can request a court-appointed attorney at county cost, which the judge may grant or deny. Results run from outright dismissal, the DA's diversion program or deferred prosecution, through fines and probation, to jail time, frequently with Huber privileges that let a Portage County inmate leave daily for a job or treatment. Wisconsin seats six jurors for a misdemeanor trial. Expect a Portage County misdemeanor to last roughly two to six months.
Felony (for example, burglary, felony theft, drug possession with intent to deliver, substantial battery)
Fentanyl and meth delivery, burglary, fourth-and-later OWIs and larger thefts make up much of what the three Portage County judges see on the felony side.
How a Portage County felony moves
- Complaint. The Portage County DA's office drafts a criminal complaint laying out probable cause, usually within a day or two when the suspect is jailed.
- Initial appearance. A commissioner or judge looks over the complaint, tells the defendant what the charges and maximum penalties are, and sets bail. A 2023 amendment to Wisconsin's constitution lets the court weigh possible serious harm to the community whenever it fixes cash and conditions in a violent-crime case. A defendant who cannot raise the money remains at the Portage County Jail.
- Preliminary hearing. For someone sitting in jail on unaffordable cash, it has to begin within ten days; for anyone else, within twenty. The only question is whether probable cause supports some felony, and defense lawyers in Stevens Point waive it fairly often while negotiating.
- Information and arraignment. The DA's information becomes the formal charge in circuit court, and the arraignment is where the defendant answers those charges.
- Resolution. Plea bargains settle most files. If not, a Portage County jury of twelve decides, and all twelve must agree; a defendant's speedy-trial demand generally means trial within ninety days, though exceptions exist.
- Sentencing. In many cases the court first asks the Department of Corrections for a presentence investigation.
Felony classes as they apply in Portage County
- Burglary of a house, garage or other building: Class F, up to twelve and a half years and $25,000.
- Theft above $2,500: Class I when the value is $5,000 or less, H when it is $10,000 or less, and G, carrying ten years, past that.
- Substantial battery: Class I, so a Portage County sentence can run as long as three and a half years. Aggravated battery: H, rising to E if the attacker meant to inflict great bodily harm.
- Possession with intent to deliver: anywhere from Class I to Class C (forty years), driven by the drug and its weight.
- Top of the scale for comparison: Class A life, Class B sixty years, Class C forty, Class D twenty-five, Class E fifteen.
Serving a sentence
Wisconsin's truth-in-sentencing law gives every prison sentence two pieces, a stretch behind bars and then a stretch of extended supervision; nobody is paroled for an offense after 1999. A judge in Stevens Point can make someone eligible for an early-release program (Challenge Incarceration or the Substance Abuse Program) that may move the release date up. Up to a year is served locally in the county jail, and more than a year means state prison. First-time felony defendants frequently get probation, at times with jail as one of the conditions. The State Public Defender's Stevens Point office, or a private lawyer it assigns, represents eligible defendants. Most felony files here take from six months to a year.
Violent felony (for example, homicide, sexual assault, armed robbery)
Portage County records few killings, but sexual assault, armed robbery and serious battery charges reach the Church Street courtrooms every year. Prosecutors generally ask for a large cash bail and tight no-contact terms, and someone who cannot pay remains at the Portage County Jail until the case ends.
Maximum sentences for the gravest charges
- First-degree intentional homicide (Class A): an automatic life sentence; the Portage County judge then sets the earliest date the person can petition for extended supervision, or rules that no such date will ever come. The death penalty has been gone from Wisconsin since 1853.
- Reckless homicide in the first degree and intentional homicide in the second degree, each Class B with a sixty-year cap: reckless homicide is the charge prosecutors use when a drug sale ends in a fatal overdose.
- First-degree sexual assault (Class B): sixty years at most, and some crimes against small children trigger mandatory minimum prison time.
- Armed robbery (Class C): forty years; robbery with no weapon falls to Class E and fifteen years.
What to expect
The steps match any other felony, but crime lab results, expert witnesses and contested motions stretch the calendar, so a Portage County violent felony commonly takes between one and two years. Since 2020, Marsy's Law has given victims constitutional rights to advance word of hearings, to be in the room for them, and to address the judge at plea and sentencing; for help, Portage County victims can call the DA's victim/witness program at (715) 346-1300. For a qualifying defendant, the State Public Defender usually places homicide and sexual assault files with its most seasoned trial lawyers.
Juveniles (under 17) arrested in Portage County
Once a Wisconsin teenager turns 17, criminal charges go to adult court. For Portage County children between 10 and 16, the circuit court acts as the juvenile court in Stevens Point, and the public is ordinarily kept out of those hearings.
Intake and secure detention
An officer who picks up a child calls the youth intake worker at Portage County Health and Human Services, (715) 345-5350. That worker chooses among sending the child home with a parent, a nonsecure placement such as a shelter home, or locked detention. Portage County is unusual in having a secure center of its own, the Portage County Juvenile Detention Center in the Law Enforcement Center, (715) 346-1263; the county calls it the smallest such center in the state. A Portage County youth who is held should generally see a judge or commissioner for a custody hearing within a day of the intake decision; the 24-hour count skips Saturdays, Sundays and legal holidays. Intake can also handle a referral itself, informally or with a deferred prosecution agreement; otherwise it goes to the DA, and filing a delinquency petition is the prosecutor's call.
How juvenile cases end
- Dismissal, an informal agreement, or a consent decree (the Portage County judge keeps the petition pending while the child meets set conditions).
- After an adjudication, a dispositional order: supervision at home, restitution, community service, counseling, electronic monitoring, or out-of-home placement (a licensed foster home, group home, or residential treatment).
- For grave or repeat offending, Type 2 placement, or a Type 1 order sending the youth to Irma, where the state runs Lincoln Hills School (for boys) and its companion Copper Lake School (for girls); the rarest cases go to the Serious Juvenile Offender program.
When a youth can face adult charges
Portage County prosecutors may file a waiver petition to move a youth of 14 or more, or in exceptional circumstances someone younger who is charged with an extremely serious crime, into adult court. Certain cases skip juvenile court altogether because adult court has original jurisdiction: any child age 10 or up who is accused of felony murder, of first-degree reckless homicide, or of trying or succeeding at first-degree intentional homicide, along with some previously adjudicated youths who are charged with listed new offenses. Because the details matter, parents should consult the child's lawyer; a child charged with delinquency always has the right to counsel, usually from the State Public Defender's office on Main Street in Stevens Point. In most situations, juvenile records stay confidential.
Federal cases (U.S. District Court) from Portage County
Federally, Portage County falls under the Western District of Wisconsin, and a federal case from Stevens Point or Plover is filed in Madison, roughly two hours south on Interstate 39.
- Federal courthouse, Western District: Room 320, 120 N. Henry St., Madison 53703; clerk (608) 264-5156
- United States Attorney (Western District): Suite 700, 222 W. Washington Ave., Madison 53703; (608) 264-5158
- Federal Defender Services of Wisconsin, Madison: Suite 1000, 22 E. Mifflin St., Madison 53703; (608) 260-9900. Where the defender has a conflict of interest, a private CJA panel member takes the appointment.
- Probation and Pretrial Services: Suite 340, 222 W. Washington Ave., Madison 53703; (608) 264-5165
What turns a Portage County arrest into a federal case
Nearly every Portage County arrest stays in state court. The U.S. Attorney's interest is usually reserved for drug rings moving fentanyl or methamphetamine along Interstate 39 and Highway 10, prohibited people caught with firearms, bank robbers, people who exploit children online, and sizable frauds. Joint work between Stevens Point detectives, deputies and federal agents is a common starting point. No Indian reservation lies within Portage County. Across most of Wisconsin, the Menominee Reservation being the exception, Public Law 280 gives the state criminal jurisdiction on tribal land, and tribes run courts of their own.
Steps in federal court
A Portage County resident arrested by federal agents first goes before a magistrate judge in Madison, who explains the charge and, when the person has no means to hire counsel, assigns the Federal Defender or a CJA attorney. Cash bail as Wisconsin courts use it plays no part; under the federal Bail Reform Act a judge chooses between release with Pretrial Services oversight and pretrial detention, and the hearing on detention is normally held three court days or fewer after the first appearance. If agents began with a complaint, prosecutors have thirty days to secure an indictment, and the seventy-day Speedy Trial Act deadline is routinely stretched by the judge. A federal jury is twelve people who must all agree, though pleas resolve far more cases than trials do. Sentencing follows a presentence report prepared by a federal probation officer; the judge computes the advisory Guidelines range and observes any statutory minimum. With no federal parole, someone sentenced from Portage County typically spends around 85 percent of the sentence locked up, and supervised release begins afterward. Appeals are decided by the Seventh Circuit in Chicago.
Locating a federal prisoner
Where is a Portage County defendant serving federal time? A name or register number search answers that question; the tool to use is the government's Federal Bureau of Prisons inmate locator. A federal defendant boarded pretrial at a county jail by arrangement with the U.S. Marshals Service is often listed on the local jail roster too. Portage County juveniles almost never face federal charges. Questions about a related state case still go to the State Public Defender's Stevens Point office.
Everything above sketches how Portage County's criminal courts operate and does not amount to legal advice. Local practices, programs and phone numbers do change, so check with the court or a Wisconsin criminal defense lawyer before relying on any detail. Anyone seeking a public defender can tell jail staff or phone the State Public Defender in Stevens Point at (715) 345-5382; to learn whether someone is being held, contact the Portage County Sheriff's Office at (715) 346-1400.
Criminal Court Process for Portage County Wisconsin
Portage 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 Portage 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, Portage 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 Portage 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 Portage 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, Portage County or a city or town. The prosecuting attorney for Portage 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 Portage 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 Portage 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 Portage 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 Portage 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 Portage 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.