Racine County Juvenile Detention Center Criminal Court Process

Search for an Inmate or Active Arrest Warrant in Racine County

Criminal Court Process for Racine County Wisconsin

Racine County lies on the Lake Michigan shore between Milwaukee and Kenosha, and its county seat is the City of Racine, where the courthouse and the Law Enforcement Center stand on opposite sides of Wisconsin Avenue. State criminal charges are decided by the Racine County Circuit Court, which has 10 branches, while 13 municipal courts run by the county's cities, villages and towns hear local ordinance tickets, including most first-offense OWI citations. Every criminal case is prosecuted by the elected Racine County District Attorney. Adults arrested anywhere in the county are booked into the Racine County Jail, which the Sheriff runs inside the Law Enforcement Center downtown.

  • Racine County Circuit Court, Racine County Courthouse, 730 Wisconsin Avenue, Racine, WI 53403; Clerk of Circuit Court main line (262) 636-3333
  • Clerk of Circuit Court criminal and traffic counters, Law Enforcement Center, 717 Wisconsin Avenue, Racine, WI 53403: felony (lower level) (262) 636-3291; misdemeanor and juvenile (main level) (262) 636-3844; traffic (262) 636-3468
  • Racine County District Attorney, Courthouse, 9th floor, 730 Wisconsin Avenue, Racine, WI 53403, (262) 636-3172
  • Wisconsin State Public Defender, Racine Trial Office, 212 4th Street, Suite 200, Racine, WI 53403, (262) 638-7530
  • Racine County Sheriff's Office, Law Enforcement Center, 717 Wisconsin Avenue, Racine, WI 53403, (262) 636-3822; non-emergency dispatch (262) 886-2300
  • Racine County Jail, 717 Wisconsin Avenue, Racine, WI 53403, (262) 636-3929
  • Racine County Human Services Department, Youth and Family Division (juvenile intake), 1717 Taylor Avenue, Racine, WI 53403, Youth and Family Access Unit (262) 638-7720
  • Jonathan Delagrave Youth Development and Care Center (secure juvenile detention), 1717 Taylor Avenue, Racine, WI 53403, (262) 898-6000
  • Racine Police Department, 730 Center Street, Racine, WI 53403, (262) 635-7700

Which court hears your case. A local ordinance citation, or a first-offense OWI (a civil forfeiture in Wisconsin rather than a crime, unless a child under 16 was riding in the vehicle), goes to the municipal court of the city, village or town where it was written if that community has one, such as the Racine, Mount Pleasant or Caledonia municipal court; tickets from a place without its own court, and county ordinance and state forfeiture citations, go to the circuit court's traffic division. Misdemeanors and criminal traffic charges, including a second OWI, are filed in the Racine County Circuit Court, where two of the 10 branches are assigned to the misdemeanor and traffic calendar. Felonies also stay in the circuit court from start to finish: the initial appearance, the preliminary hearing and any trial take place there, with three branches assigned to felony cases and court commissioners handling many early hearings. Judges rotate among the divisions every other August, so the branch number on a notice is the best guide to where to appear.

Where pretrial inmates are held. Racine County keeps its own adult jail, and people held while their cases are pending stay at the Racine County Jail in the Law Enforcement Center at 717 Wisconsin Avenue, across the street from the courthouse. The jail is one of the largest county lockups in Wisconsin, with about 876 beds, and it also houses people serving county sentences. Cash bail can be posted with the jail or with the clerk of court, and Wisconsin does not permit commercial bail bondsmen, so the money comes from the defendant, family or friends. For custody and release questions call the jail at (262) 636-3929.

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

Two kinds of courts handle cases that begin with a Racine County arrest or citation. The circuit court, a branch of the statewide court system, hears every crime and many traffic forfeitures. Municipal courts are created by individual cities, villages and towns and hear only violations of local ordinances, which are civil matters punished by forfeitures (money penalties). A municipal judge cannot send anyone to jail as a sentence; jail or a license suspension can follow only when a person fails to pay a forfeiture. In some situations a defendant can ask to have an ordinance case moved to the circuit court, for example by requesting a jury, so anyone thinking about that should check the deadline printed on the citation or ask the court clerk.

Racine County Circuit Court

  • Racine County Courthouse, 730 Wisconsin Avenue, Racine, WI 53403; Clerk of Circuit Court (262) 636-3333
  • Criminal and traffic clerk offices in the Law Enforcement Center, 717 Wisconsin Avenue: felony (262) 636-3291; misdemeanor and juvenile (262) 636-3844; traffic court (262) 636-3468

Municipal courts serving Racine County communities

  • Racine Municipal Court (City of Racine), 800 Center Street, Room 115, Racine, WI 53403, (262) 636-9263
  • Burlington City Municipal Court (City of Burlington), 300 N. Pine Street, Burlington, WI 53105, (262) 342-1129
  • Burlington Town Municipal Court (Town of Burlington), 32288 Bushnell Road, Burlington, WI 53105, (262) 763-8591
  • Caledonia Municipal Court (Village of Caledonia), 5043 Chester Lane, Racine, WI 53402, (262) 835-6467
  • Dover/Yorkville Municipal Court (joint court listed by the state for Dover and Yorkville; Yorkville has since become a village, so confirm the court named on the citation), 4110 S. Beaumont Avenue, Kansasville, WI 53139, (262) 497-8860
  • Mount Pleasant Municipal Court (joint court for the villages of Mount Pleasant and Elmwood Park), 8811 Campus Drive, Mount Pleasant, WI 53406, (262) 664-7831
  • Norway Municipal Court (Town of Norway), 6411 Heg Park Road, Wind Lake, WI 53185, (262) 895-3652
  • Raymond Municipal Court (Village of Raymond), 2255 76th Street, Franksville, WI 53126, (262) 835-1651
  • Sturtevant Municipal Court (Village of Sturtevant), 2801 89th Street, Sturtevant, WI 53177, (262) 886-7207
  • Union Grove Municipal Court (Village of Union Grove), 925 15th Avenue, Union Grove, WI 53182, (262) 878-2668
  • Waterford Municipal Court (Village of Waterford), 123 N. River Street, Waterford, WI 53185, (262) 534-3980
  • Waterford Town Municipal Court (Town of Waterford), 415 N. Milwaukee Street, Waterford, WI 53185, (262) 534-4880
  • Wind Point/North Bay Municipal Court (joint court for the villages of Wind Point and North Bay), 215 E. Four Mile Road, Racine, WI 53402, (262) 898-7071

The Village of Rochester does not appear in the state's municipal court directory, so ordinance and first-OWI citations written there are generally heard in the circuit court's traffic division at the Law Enforcement Center.

Prosecution, defense and juvenile intake

  • Racine County District Attorney, 730 Wisconsin Avenue, 9th floor, Racine, WI 53403, (262) 636-3172
  • State Public Defender, Racine Trial Office, 212 4th Street, Suite 200, Racine, WI 53403, (262) 638-7530
  • Racine County Human Services Department, Youth and Family Division, 1717 Taylor Avenue, Racine, WI 53403, (262) 638-7720; general information (262) 638-6353

Sheriff, jail and police departments

  • Racine County Sheriff's Office, 717 Wisconsin Avenue, Racine, WI 53403, (262) 636-3822
  • Racine County Jail, 717 Wisconsin Avenue, Racine, WI 53403, (262) 636-3929
  • Racine Police Department, 730 Center Street, Racine, WI 53403, (262) 635-7700
  • Mount Pleasant Police Department, 8811 Campus Drive, Mount Pleasant, WI 53406, (262) 884-0454
  • Caledonia Police Department, 5045 Chester Lane, Caledonia, WI 53402, (262) 835-4423
  • Burlington Police Department (city), 224 E. Jefferson Street, Burlington, WI 53105, (262) 342-1100
  • Town of Burlington Police Department, 32288 Bushnell Road, Burlington, WI 53105, (262) 763-9558
  • Sturtevant Police Department, 2801 89th Street, Sturtevant, WI 53177, (262) 886-7222
  • Raymond Police Department, 2255 76th Street, Franksville, WI 53126, (262) 835-4426
  • Norway Police Department, 6419 Heg Park Road, Wind Lake, WI 53185, (262) 895-2195
  • Waterford Police (town and village), 415 N. Milwaukee Street, Waterford, WI 53185, (262) 534-2119
  • Union Grove Police, 925 15th Avenue, Union Grove, WI 53182, (262) 878-1818
  • Wind Point Police Department, 4725 Lighthouse Drive, Wind Point, WI 53402, (262) 639-3022

The Sheriff's deputies patrol the communities that have no department of their own and the county's stretch of Interstate 94, and the Wisconsin State Patrol also writes tickets on the interstate. No matter which agency makes a criminal arrest, the case ends up before the same circuit court. Someone who cannot afford a lawyer on a criminal charge should contact the Racine Trial Office of the State Public Defender as soon as possible.

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The courthouse, the Law Enforcement Center and the 10 circuit court branches

Racine County's justice buildings sit side by side in downtown Racine. The Racine County Courthouse at 730 Wisconsin Avenue holds courtrooms, the main Clerk of Circuit Court office and, on its 9th floor, the District Attorney. Directly across the avenue, the Law Enforcement Center at 717 Wisconsin Avenue contains the Sheriff's Office, the Racine County Jail, the traffic court and the clerk's criminal counters: felony files are kept on the lower level, and misdemeanor, juvenile and traffic files on the main level. Because people in custody are already inside the Law Enforcement Center, many in-custody hearings happen without a long transport.

How the branches are divided

  • Felony division: three judges hear felony cases, from preliminary hearings that are not handled by a commissioner through trial and sentencing.
  • Misdemeanor and traffic division: two judges handle misdemeanors, criminal traffic offenses and the busy forfeiture calendar.
  • Juvenile division: one judge hears delinquency cases and related juvenile matters.
  • Civil, family and probate: the remaining four branches take civil, family and probate work, although any judge may be assigned criminal cases when calendars require it.

The court's own listing notes that some judges rotate to a different division in early August of even-numbered years. A judicial court commissioner and a group of supplemental commissioners handle many first appearances, bail settings and other routine hearings, and their rulings can be reviewed by a judge.

Traffic court sessions

The traffic court at 717 Wisconsin Avenue processes hundreds of first appearances in a session, taken first come, first served; people should check in with the bailiff when they arrive. A not-guilty plea on a forfeiture can be filed before the date shown on the citation, and anyone who wants a jury trial on a traffic forfeiture must pay a nonrefundable jury fee within 10 days of the initial appearance. The court treats a missed appearance as a plea of no contest, which can mean a guilty finding and the maximum penalty.

Appeals from the Racine County Circuit Court go to District II of the Wisconsin Court of Appeals, based in Waukesha, and then, if the Wisconsin Supreme Court agrees to hear them, to that court in Madison.

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What happens after an arrest in Racine County (booking, the first hearing and release terms)

Officers from Racine, Mount Pleasant, Caledonia or any of the county's other departments bring adults they arrest to the Law Enforcement Center, where deputies book them into the Racine County Jail. Booking means a records check, fingerprints, a photograph, a property inventory and a health screening. For many lower-level arrests the person is given a citation or released on a signature bond within hours and told when to come to court.

Release on a set amount or a promise

A person who is not released after booking sees a circuit court judge or court commissioner at an initial appearance, normally within 48 hours of the arrest and often by video from the jail. The judge or commissioner reviews whether there is probable cause, informs the defendant of the charge and sets release conditions. The two main forms are:

  • a signature bond, which is a written promise to appear, sometimes with a dollar amount that becomes owed only if the defendant misses court (a co-signer may be required);
  • cash bail, which must be posted in full, together with conditions such as no contact with an alleged victim, no alcohol or drugs, or staying away from a particular address.

Since a 2023 amendment to the Wisconsin Constitution, a judge setting cash bail and conditions for someone charged with a violent crime may weigh the risk of serious bodily harm to the community, among other factors.

Posting money and getting it back

Racine County accepts cash posted at the jail or with the court. Anyone posting should know that the clerk can apply that cash to restitution, fines, fees or court costs at the end of the case without further notice to the person who paid it. Any balance is refunded by mail, usually four to six weeks after the case is resolved. Because Wisconsin bans commercial bail bonding, there are no bondsmen to call; family members post the money themselves.

Domestic abuse arrests

When officers have probable cause to believe domestic abuse occurred, Wisconsin law often requires an arrest. A person released on a domestic abuse charge must avoid the alleged victim's residence and avoid contacting the alleged victim for 72 hours unless the alleged victim signs a waiver, and courts usually extend a no-contact order for the life of the case.

A person who wants a lawyer from the State Public Defender can ask to be screened while still in the jail; the Racine Trial Office's number is (262) 638-7530.

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The jail on Wisconsin Avenue

The Racine County Jail occupies much of the Law Enforcement Center at 717 Wisconsin Avenue, Racine, WI 53403, and the Sheriff's Office runs it. Its rated capacity of roughly 876 beds puts it among the larger jails in Wisconsin. It holds men and women awaiting trial on Racine County charges, people serving county jail sentences, people held on probation or extended supervision holds, and some inmates held for other agencies.

Calling about an inmate

Staff can confirm whether someone is in custody, the charges on file and the bail or release conditions a court has set. They cannot give legal advice or predict how a case will turn out.

Huber release and sentenced inmates

When a Racine County judge imposes a jail sentence, the judgment can grant Huber privileges, which let an inmate leave the jail for work, school, treatment or child care and return afterward. The Sheriff decides how Huber privileges are carried out, including any daily fee and whether electronic monitoring is used. A defendant should ask the defense lawyer before sentencing whether to request Huber privileges, because the request is made to the judge.

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The State Public Defender's Racine Trial Office

Indigent defendants in Racine County are represented by the Wisconsin State Public Defender, whose Racine Trial Office serves only this county. The office is at 212 4th Street, Suite 200, Racine, WI 53403, (262) 638-7530. Staff attorneys take many cases themselves, and the agency assigns others to private lawyers who accept public defender appointments.

Applying

  1. If you are held in the Racine County Jail, tell jail staff or the court that you want to apply; public defender staff screen people in custody, often before the initial appearance.
  2. If you are out of custody, call or visit the Racine Trial Office as soon as you receive a summons or a court date. Waiting until the day of court can mean appearing alone.
  3. Bring or be ready to describe your income, savings, property, debts and household expenses. The agency applies a financial eligibility test set by state law, and that test is strict.
  4. If you are found eligible, the office tells you which lawyer has the case. Keep that lawyer informed of any new address or phone number, especially if you are out on bond.

A person whom the public defender turns down but who still cannot afford a private lawyer can ask the judge to appoint counsel. The court may appoint a lawyer at county expense in that situation, and it may later order repayment if the person's finances allow. The public defender also handles many juvenile delinquency cases and certain appeals.

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The District Attorney, deferred prosecution and other diversion in Racine County

The Racine County District Attorney is elected countywide and, with a staff of assistant district attorneys, decides which charges to file in every adult criminal case in the county; the office also prosecutes juvenile delinquency cases. It is located on the 9th floor of the courthouse, 730 Wisconsin Avenue, (262) 636-3172. In Wisconsin, a police arrest does not by itself create a criminal case: the prosecutor reviews the reports and either files a criminal complaint, asks for more investigation or declines to charge. Someone booked into the Racine County Jail may therefore be released if no complaint is filed in time.

Routes to a dismissal or a reduced charge

  • Deferred prosecution agreement. The prosecutor agrees to hold the case, or to hold off entering a conviction, while the defendant completes conditions such as counseling, restitution, community service or staying out of trouble; if the conditions are met the charge is dismissed or reduced. These agreements are most common for first offenders and lower-level charges.
  • Deferred entry of judgment. The defendant enters a plea, but the court withholds the conviction while the agreement runs.
  • Amended or dismissed charges. Many Racine County cases resolve through negotiation, with a felony reduced to a misdemeanor or some counts dismissed and "read in" for sentencing.
  • Treatment-based options. Wisconsin's Treatment Alternatives and Diversion (TAD) approach supports diversion and treatment courts for people whose offenses are linked to substance use or mental illness; Racine County's treatment courts are described in the next section.

Victims

Crime victims have rights under Marsy's Law, the 2020 amendment to the Wisconsin Constitution, including notice of hearings, the chance to be heard at plea and sentencing, and a voice on bail and release. The District Attorney's victim-witness staff explain those rights and the court process.

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Racine County treatment courts (alcohol and drug court, veterans court)

Treatment courts replace part of an ordinary sentence with close supervision by a judge and a team that includes a prosecutor, a defense lawyer, a coordinator and treatment providers. Participants appear in court often, take frequent drug and alcohol tests and earn rewards or sanctions based on their progress.

  • Alcohol and Drug Treatment Court. Racine County's program is for convicted, non-violent offenders whose crimes are tied to alcohol or drug use. It is a post-conviction program, so participants have already entered a plea, and successful completion can shape the final sentence.
  • Veterans Treatment Court of the Second Judicial District. This court serves U.S. military veterans who have an alcohol or drug dependence or a treatable mental health diagnosis, and it pairs court supervision with veterans' benefits and mentoring. Racine coordinates it for the judicial district, which also includes Kenosha and Walworth counties.

Both programs are coordinated from 1717 Taylor Avenue, Racine, WI 53403; the treatment court coordinator can be reached at (262) 638-6719. Admission depends on a screening of the charge, criminal history and treatment needs, and on agreement by the District Attorney and the judge. A defendant who is interested should raise it with the defense lawyer early, ideally while released on bond, because screening takes time. Someone who is removed from a treatment court can face the sentence the program was meant to replace, including time in the Racine County Jail or prison.

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

Retail theft at stores along Highway 20 and Green Bay Road, domestic disturbances, bar fights in downtown Racine and repeat drunk-driving stops on Interstate 94 make up a large share of the county's misdemeanor calendar. These cases are filed in the Racine County Circuit Court and assigned to the misdemeanor and traffic division.

From arrest to the first court date

Most people charged with a misdemeanor in Racine County are released with a citation, a summons or a signature bond. Someone kept at the Racine County Jail appears before a judge or commissioner, usually within 48 hours, where release conditions are set and the defendant can enter a plea of not guilty, guilty or no contest. People who want a public defender should apply right away, because the first appearance moves quickly.

What the listed charges can bring in Racine County

  • Theft of property worth $2,500 or less, including shoplifting, is a Class A misdemeanor: up to 9 months in the county jail, a fine of up to $10,000, or both.
  • Battery, meaning intentionally causing bodily harm, is also a Class A misdemeanor, as is criminal trespass to a dwelling.
  • Disorderly conduct is a Class B misdemeanor, punishable by up to 90 days and a $1,000 fine. In family or household disputes it is often charged with a domestic abuse modifier, which triggers the 72-hour no-contact rule and can raise penalties on repeat offenses.
  • Second OWI within 10 years of the first is a criminal misdemeanor with a mandatory jail term of 5 days to 6 months, a fine, license revocation, an alcohol and drug assessment and, in many cases, an ignition interlock device.
  • Class C misdemeanors carry up to 30 days and a $500 fine.

Pretrial, plea or trial

After the first appearance, the case goes to pretrial conferences where the prosecutor and defense talk about a resolution. Most Racine County misdemeanors end with dismissal, a deferred prosecution agreement, a plea to a reduced charge, or a plea with a fine or probation. A defendant who goes to trial is entitled to a jury of six, and the verdict must be unanimous. A defendant who demands a speedy trial in a misdemeanor case is generally entitled to have the trial start within 60 days, subject to exceptions. A jail sentence is served in the county jail, often with Huber privileges for work. Typical misdemeanors take two to six months from charge to resolution.

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

Felony charges in Racine County are investigated by the city and village police departments, the Sheriff's detectives and, in drug cases, task forces that can include state and federal agents. The District Attorney files the criminal complaint, and the case is assigned to one of the felony-division judges.

The steps of a Racine County felony

  1. Complaint and initial appearance. The judge or commissioner explains the charges and maximum penalties, addresses counsel and sets bail and conditions. A defendant who cannot post the amount stays in the Racine County Jail.
  2. Preliminary hearing. A Racine County prosecutor has to persuade the judge or commissioner that probable cause exists to believe the defendant committed a felony. When the defendant is in custody and bail is more than the defendant can pay, the hearing is generally due within 10 days of the initial appearance; otherwise within 20 days. Many defendants waive this hearing, sometimes as part of negotiations.
  3. Information and arraignment. If the case is bound over, the District Attorney files an information, the formal felony charge, and the defendant is arraigned and pleads.
  4. Motions, plea or trial. Most cases resolve by plea agreement. At trial, 12 jurors decide, and they must agree unanimously. A defendant may demand a speedy trial, which generally requires a felony trial within 90 days, subject to exceptions. Grand juries are rarely used in Wisconsin.
  5. Sentencing. The judge often orders a presentence investigation by the Department of Corrections before imposing sentence.

Penalty ranges for the listed charges

  • Burglary (entering a building or dwelling intending to steal or commit a felony): Class F, up to 12.5 years and $25,000.
  • Felony theft: more than $2,500 up to $5,000 is Class I (up to 3.5 years); more than $5,000 up to $10,000 is Class H (up to 6 years); more than $10,000 is Class G (up to 10 years).
  • Possession with intent to deliver: the class depends on the drug and the amount, from Class I for small amounts of marijuana up to Class C, with up to 40 years, for large quantities of drugs such as fentanyl, heroin or cocaine.
  • Substantial battery in Racine County is charged as a Class I felony, exposing the defendant to as much as 3.5 years and $10,000. Aggravated battery is Class H, or Class E (up to 15 years) when great bodily harm was intended.

Truth in sentencing

A Wisconsin prison sentence has two parts: a term of initial confinement served in prison and a term of extended supervision in the community. There is no parole for crimes committed after 1999, although a judge may find a defendant eligible for the Challenge Incarceration Program or the Substance Abuse Program, which can shorten confinement. A Racine County judge who imposes a year or less sends the defendant to the county jail, while anything longer is served in the state Department of Corrections. Probation is also common, sometimes with conditional jail time. A Racine County felony usually takes six months to a year from charge to sentencing.

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

The most serious Racine County prosecutions, including homicides in the City of Racine and sexual assault and robbery cases across the county, go through the same felony-division process, but they move more slowly and draw the most attention from prosecutors and the court. At the initial appearance, the court often sets high cash bail with strict conditions, and under the 2023 constitutional amendment the judge may consider the risk of serious harm to the public in setting it. Many defendants charged with these crimes remain in the Racine County Jail until trial.

Wisconsin penalties

  • First-degree intentional homicide is a Class A felony with a mandatory life sentence. The judge decides whether the defendant may petition for release to extended supervision after a set number of years or must serve life without that possibility.
  • Second-degree intentional homicide and first-degree reckless homicide are Class B felonies, with up to 60 years.
  • First-degree sexual assault is a Class B felony, up to 60 years; some offenses against young children carry mandatory minimum terms of confinement, and convictions generally require sex offender registration.
  • Armed robbery is a Class C felony with up to 40 years and a $100,000 fine; robbery without a weapon is Class E, up to 15 years.

Wisconsin abolished the death penalty in 1853, and no sentence of death can be imposed in state court.

Timeline and lawyers

These cases commonly take one to two years. Forensic analysis, expert witnesses, competency evaluations and the volume of evidence all add time, and defense lawyers often waive speedy-trial demands to prepare. The State Public Defender's Racine Trial Office assigns experienced attorneys to homicide and other serious cases for eligible defendants. Victims and their families have rights under Marsy's Law, including the right to attend hearings and to speak at sentencing.

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Juveniles (under 17) arrested in Racine County

Wisconsin's juvenile court covers children from age 10 through 16. A 17-year-old charged with a crime in Racine County is prosecuted as an adult in the regular criminal courts. Delinquency cases are heard by the Racine County Circuit Court sitting as the juvenile court, with one branch assigned to the juvenile division; the clerk's juvenile records line is (262) 636-3844.

Intake at Human Services

When police take a young person into custody, the case goes to juvenile intake at the Racine County Human Services Department, Youth and Family Division, 1717 Taylor Avenue, (262) 638-7720. An intake worker decides whether the youth goes home to a parent, goes home under conditions, or is held in secure detention or another placement. The worker also recommends whether the case should be closed, handled informally through a deferred prosecution agreement, or referred to the District Attorney, who files a delinquency petition when the case goes to court.

Secure detention

Racine County runs its own secure juvenile center, the Jonathan Delagrave Youth Development and Care Center, at 1717 Taylor Avenue, (262) 898-6000. The county describes it as a secure facility of about 121 beds that also takes youth from Kenosha County and other southeastern Wisconsin counties. Medical and mental health assessments happen in the first 24 hours, and Racine Unified School District teachers provide classes inside. If a child is held, Wisconsin law generally requires a custody hearing before a judge or juvenile court commissioner within 24 hours after the end of the day the decision to hold was made, not counting Saturdays, Sundays and legal holidays.

How Racine County juvenile cases end

  • dismissal, or a deferred prosecution agreement with conditions such as restitution, counseling or community service;
  • a consent decree, which suspends the case for up to six months while the youth follows a plan;
  • an adjudication of delinquency with in-home supervision by the county, electronic monitoring or a short stay in detention;
  • placement outside the home, such as a group home or residential treatment;
  • a Type 2 placement or, for serious offenses, a Type 1 commitment to the state's Lincoln Hills School for boys or Copper Lake School for girls, or the Serious Juvenile Offender program.

Racine County has for years tried to keep more of its youth in local programs rather than sending them to state juvenile corrections.

When a juvenile can be tried as an adult

The District Attorney may ask the juvenile court to waive jurisdiction so that a child 14 or older can be tried in adult court for certain felonies, and in rare, very serious cases a younger child may be waived. Separately, the adult court has original jurisdiction when a child 10 or older is accused of attempted or completed first-degree intentional homicide, first-degree reckless homicide or felony murder, and over some juveniles who were previously adjudicated delinquent and are charged with certain new crimes. A child in adult court may still be held in juvenile detention in some cases. Juvenile court records in Wisconsin are generally confidential, although some information can be shared with schools, victims and law enforcement. The State Public Defender represents many children in delinquency cases regardless of the parents' income.

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

Racine County belongs to the Eastern District of Wisconsin, and its federal criminal cases are assigned to the Milwaukee Division. The courthouse is about 25 miles north of downtown Racine, an easy trip up Interstate 94 for defendants, witnesses and families.

  • U.S. District Court, Eastern District of Wisconsin (Milwaukee), U.S. Courthouse, 517 E. Wisconsin Avenue, Milwaukee, WI 53202; Clerk of Court (414) 297-3372
  • U.S. Attorney's Office, Eastern District of Wisconsin, 517 E. Wisconsin Avenue, Suite 530, Milwaukee, WI 53202, (414) 297-1700
  • Federal Defender Services of Wisconsin, Milwaukee office, 411 E. Wisconsin Avenue, Suite 2310, Milwaukee, WI 53202; if that office has a conflict, the court appoints a private lawyer from its Criminal Justice Act (CJA) panel
  • U.S. Probation and Pretrial Services, Eastern District of Wisconsin, 517 E. Wisconsin Avenue, Room 001, Milwaukee, WI 53202, (414) 297-1425

Which Racine County cases become federal

A Racine County case becomes federal when a federal agency investigates it or federal prosecutors decide to charge it, often after a joint investigation with local police. Typical examples are drug trafficking along the Interstate 94 corridor between Milwaukee and Chicago, illegal gun possession by people with felony convictions, bank robbery, child exploitation offenses and large fraud schemes. Because state and federal law overlap, one set of facts can occasionally lead to charges in Racine County Circuit Court and in federal court. No tribal reservation lies within Racine County, so the tribal jurisdiction questions that arise in some northern Wisconsin counties do not usually come up here.

How a federal case proceeds

Someone arrested by federal agents in Racine County is driven north for a first court hearing before a U.S. magistrate judge. When the government asks to keep the defendant locked up, the detention hearing generally takes place within three court days. Money bail plays a much smaller role than in state court: under the Bail Reform Act, the magistrate judge either releases the defendant on conditions supervised by Pretrial Services or orders detention. If the case began with a complaint, a grand jury must return an indictment within 30 days, and the Speedy Trial Act generally calls for trial within 70 days, though continuances are common.

Most federal defendants plead guilty. For a Racine County defendant who chooses trial in Milwaukee, the verdict requires agreement by all 12 jurors. Before sentencing, a probation officer writes a presentence report, and the district judge considers the advisory federal Sentencing Guidelines along with any mandatory minimum sentence. There is no parole in the federal system; prisoners typically serve about 85 percent of their sentence in the Bureau of Prisons and then a term of supervised release. A defendant who loses can appeal to the Chicago-based U.S. Court of Appeals for the Seventh Circuit.

Locating a federal prisoner

Use the Federal Bureau of Prisons inmate locator and search by name or BOP register number. Racine-area families should know that a person held for a federal case in a local jail, under that jail's contract with the U.S. Marshals Service, may also be listed on the jail's own roster. Federal charges against juveniles are rare, and Racine County youth cases almost always stay in the county's juvenile court.

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This page gives a general overview of how criminal cases move through the Racine County courts and is not legal advice; court assignments, programs and phone numbers change. Anyone facing a charge should talk with a Wisconsin criminal defense lawyer. To apply for a public defender, call the State Public Defender's Racine Trial Office at (262) 638-7530; for questions about someone in custody, call the Racine County Sheriff's Office at (262) 636-3822.

Criminal Court Process for Racine County Wisconsin

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

BURLINGTON MUNICIPAL COURT
32288 BUSHNELL RD
BURLINGTON WI, 53105
262-763-8591
STURTEVANT MUNICIPAL COURT
2801 89TH ST
STURTEVANT WI, 53177
262-886-7207
UNION GROVE MUNICIPAL COURT
925 15TH AVE
UNION GROVE WI, 53182
262-878-2668
WATERFORD TOWN OF-MUNI COURT
415 N MILWAUKEE ST
WATERFORD WI, 53185
262-534-4880
TOWN OF NORWAY MUNICIPAL COURT
6419 HEG PARK RD
WATERFORD WI, 53185
262-895-3652
FAMILY COURT COMMISSIONER
730 WISCONSIN AVE
RACINE WI, 53403
262-636-3183
CLERK OF COURT OFFICE
730 WISCONSIN AVE
RACINE WI, 53403
262-636-3333
RACINE COUNTY COURTHOUSE
730 WISCONSIN AVE
RACINE WI, 53403
262-636-3333
RACINE COUNTY JUDGE
730 WISCONSIN AVE
RACINE WI, 53403
262-636-3131

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