St. Croix County Jail Criminal Court Process
Criminal Court Process for St. Croix County Wisconsin
St. Croix County sits across the river from the Twin Cities, and its fast-growing communities of Hudson, River Falls and New Richmond send a steady flow of criminal cases to the Government Center on Carmichael Road in Hudson, the county seat. That building houses the St. Croix County Circuit Court, which the state directory shows with four branches in the 10th Judicial District, along with the District Attorney, the Sheriff and the jail. Charges under state law are filed by the elected St. Croix County District Attorney, while a string of city and village municipal courts takes local ordinance tickets. Adults arrested anywhere in the county are booked into the St. Croix County Jail, where cash bail can be posted.
- St. Croix County Circuit Court, Government Center, 1101 Carmichael Road, Hudson, WI 54016; Clerk of Circuit Court (criminal and traffic) (715) 386-4630
- St. Croix County District Attorney, 1101 Carmichael Road, Suite 2301, Hudson, WI 54016, (715) 386-4658
- St. Croix County Sheriff's Office, 1101 Carmichael Road, Hudson, WI 54016, (715) 381-4320; non-emergency (715) 386-4701
- St. Croix County Jail, Government Center, 1101 Carmichael Road, Hudson, WI 54016, (715) 386-4752
- Wisconsin State Public Defender, Hudson office (trial office for St. Croix, Pierce, Polk and Dunn counties), 2100 O'Neil Road, Suite 400, Hudson, WI 54016, (715) 650-9777
- St. Croix County Health and Human Services (juvenile intake through Child Services Access), Services Center, 1752 Dorset Lane, New Richmond, WI 54017, (715) 246-8260
Which court hears your case. An ordinance citation or a first-offense OWI is a civil forfeiture case in Wisconsin (it becomes a crime only if a child under 16 was riding along), and it goes to the municipal court of the city or village where the stop happened when that community has one, such as Hudson, North Hudson, New Richmond or Baldwin. The same ticket written in a town or in a municipality without its own court is handled by the circuit court in Hudson. Misdemeanors and criminal traffic charges, including a second OWI, are filed in the St. Croix County Circuit Court, whose four branches divide the criminal and traffic calendar. For a felony, the initial appearance, preliminary hearing and any trial all take place before the same circuit court, often with a court commissioner handling the first hearing.
Where pretrial inmates are held. The Sheriff runs the county's only adult lockup, inside the Government Center complex in Hudson, and it receives arrests made by the Sheriff's deputies, the State Patrol and every municipal police department in the county. Because the city of River Falls straddles the Pierce County line, relatives of someone arrested there should confirm which county's jail is holding the person. The jail at (715) 386-4752 can say whether a person is in custody, what release terms were set and when the first court date is.
- Local courts in St. Croix 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 St. Croix County
- Federal cases (U.S. District Court) from St. Croix County
Local courts in St. Croix County (circuit court and municipal courts)
Eight municipal courts appear for St. Croix County communities in the state's municipal court directory, and the River Falls court in Pierce County covers the part of that city lying inside St. Croix County. These courts decide ordinance violations only, such as speeding, underage drinking, disorderly conduct under a local ordinance or a first OWI. The penalty is a forfeiture rather than a criminal sentence, and jail is possible only as a sanction for failing to pay. In certain situations a defendant may be able to have a municipal case moved to the circuit court, for instance by asking for a jury within the deadline; the citation and the court clerk can explain whether that applies. The directory was last issued in 2021, so call ahead to confirm hours, addresses and courtroom locations.
Circuit court
- St. Croix County Circuit Court, Government Center, 1101 Carmichael Road, Hudson, WI 54016. Branches 1 through 4; Clerk of Circuit Court (criminal and traffic) (715) 386-4630; Circuit Court Commissioner (715) 386-4615; Clerk of Juvenile Court (Register in Probate) (715) 386-4618.
Municipal courts
- Hudson Municipal Court (city of Hudson), 505 Third Street, Hudson, WI 54016, (715) 386-5929
- North Hudson Municipal Court (village of North Hudson), 400 Seventh Street North, Hudson, WI 54016, (715) 377-7989
- New Richmond Municipal Court (city of New Richmond), 156 East First Street, New Richmond, WI 54017, (715) 243-0410
- Baldwin Municipal Court (village of Baldwin), P.O. Box 118, Baldwin, WI 54002, (715) 684-4930
- Hammond Municipal Court (village of Hammond), P.O. Box 299, Hammond, WI 54015, (715) 796-2562
- Roberts Municipal Court (village of Roberts), 107 East Maple Street, Roberts, WI 54023, (715) 749-3108
- Somerset Municipal Court (village of Somerset), P.O. Box 313, Somerset, WI 54025, (715) 247-1208
- Woodville Municipal Court (village of Woodville), P.O. Box 205, Woodville, WI 54028, (715) 698-2355
- River Falls Municipal Court (city of River Falls, including its St. Croix County neighborhoods), 222 Lewis Street, River Falls, WI 54022, (715) 426-3429
A ticket from Glenwood City, Star Prairie or any of the towns is generally heard in the circuit court unless that municipality has set up its own court; the citation names the court and the first appearance date.
Prosecution, defense, police and intake
- District Attorney, 1101 Carmichael Road, Suite 2301, Hudson, (715) 386-4658; Victim/Witness Assistance, Suite 1270, (715) 386-4666
- Public defender: apply through the SPD trial office in Hudson (Suite 400 at 2100 O'Neil Road) by calling (715) 650-9777
- St. Croix County Sheriff's Office, operator of the St. Croix County Jail, 1101 Carmichael Road, Hudson, (715) 381-4320
- Hudson Police Department, 101 Vine Street, Hudson, WI 54016, (715) 386-4771
- North Hudson Police Department, 400 Seventh Street North, Hudson, WI 54016, (715) 386-8433
- New Richmond Police Department, 1443 Campus Drive, New Richmond, WI 54017, (715) 246-6667
- River Falls Police Department (serves the whole city, on both sides of the county line), 2815 Prairie Drive, River Falls, (715) 425-0909
- Baldwin Police Department, 400 Cedar Street, Baldwin, WI 54002, (715) 684-3856
- Hammond Police Department, 455 Davis Street, Hammond, WI 54015, (715) 796-2345
- Glenwood City Police Department, 217 West Oak Street, Glenwood City, WI 54013, (715) 265-4228
- Juvenile intake: St. Croix County Health and Human Services, 1752 Dorset Lane, New Richmond, Child Services Access (715) 246-8260; main line (715) 246-6991
Misdemeanor (for example, theft, battery, disorderly conduct, a second OWI)
With Interstate 94 running from the Minnesota line through Hudson and Baldwin, much of St. Croix County's misdemeanor docket comes from traffic stops: repeat OWI, operating after revocation and drug paraphernalia. Retail theft from the big-box stores along the freeway, domestic disorderly conduct and jumping release conditions round out a typical week.
From arrest to release
Officers can simply hand out a citation for many lesser offenses. A person who is taken into custody is booked at the St. Croix County Jail in Hudson, where fingerprints and a photograph are taken and the charge is reviewed. Many misdemeanor arrestees leave on a signature bond, which is a written promise to come back, sometimes with a dollar figure that would be owed after a missed court date. If cash is required, the defendant or family pays the full amount at the jail or the Clerk of Circuit Court; Wisconsin does not permit commercial bondsmen, so nobody sells a bond for a fee. After a domestic abuse arrest, the person may not contact the alleged victim for 72 hours unless the victim signs a waiver.
The first hearing
Anyone still in custody normally sees a judge or the circuit court commissioner within about 48 hours, frequently on a video link from the jail. The court reviews the complaint, sets or adjusts release conditions such as no alcohol or no contact, and schedules the next date. People who cannot afford a lawyer apply to the State Public Defender's Hudson office at (715) 650-9777; the application can be started at the jail. The state's income test is strict, and a defendant who fails it but still cannot pay for counsel can ask the judge to consider appointing a lawyer at county expense.
What the listed misdemeanors carry
- Theft of property worth $2,500 or less, including shoplifting: a Class A misdemeanor, punishable in St. Croix County by as much as 9 months in jail and a $10,000 fine.
- Battery: also Class A; in a domestic case the conviction brings a surcharge and federal firearm restrictions.
- Disorderly conduct: Class B, with a ceiling of 90 days and $1,000.
- Second OWI within 10 years: between 5 days and 6 months in jail, fines, revocation and an ignition interlock order. A first offense is the forfeiture case described above, with a $150 to $300 fine plus costs, a 6- to 9-month revocation, an alcohol and drug assessment and an interlock if the test was 0.15 or higher or the driver refused.
- Class C misdemeanors: the least serious grade, capped at 30 days and $500 in St. Croix County.
How cases end
The District Attorney's pretrial diversion program lets some first-time defendants avoid prosecution by signing an agreement and completing conditions such as restitution, counseling, classes or community service. Other cases end in dismissal, a plea with a fine or probation, or county jail time, often with Huber release so the person can keep working. A trial, if requested, is held before six jurors. Expect two to six months from charge to finish; a defendant who files a speedy trial demand generally must be tried within 60 days.
Felony (for example, burglary, felony theft, drug possession with intent to deliver, substantial battery)
Because the county is a short drive from Minneapolis and St. Paul, investigators here regularly see methamphetamine and fentanyl moving east on the interstate, along with vehicle and construction-site burglaries, identity fraud and felony OWI charges (a fourth offense is generally a felony). The District Attorney reviews police reports and decides which felonies to charge and at what class.
Steps in a felony case
- Criminal complaint and initial appearance: the DA files the complaint, and a judge or court commissioner explains the charges and sets a signature bond or cash bail with conditions. A 2023 change to the Wisconsin Constitution allows the court to weigh the risk of serious harm to the public when setting conditions and cash amounts for people accused of violent crimes.
- Preliminary hearing: if the defendant is in custody on an amount they cannot pay, the hearing must generally start within 10 days; otherwise within 20 days. The only question for the judge at this stage is whether probable cause shows that the defendant probably committed a felony. Many defendants waive it.
- Information and arraignment: the DA files the formal charging document, called an information, and the defendant enters a plea in one of the four branches.
- Negotiation or trial: most felonies are resolved by plea agreement. If the case is tried, the verdict of the 12 jurors must be unanimous. Following a speedy trial demand, the trial should begin within 90 days.
- Sentencing: the judge commonly orders a presentence investigation by the Department of Corrections before deciding.
Penalties for the example felonies
- Burglary: Class F, carrying up to 12.5 years and a $25,000 fine for a St. Croix County conviction.
- Felony theft: Class I when the value is over $2,500 up to $5,000 (3.5 years), Class H up to $10,000 (6 years) and Class G above that (10 years).
- Possession with intent to deliver: the class turns on the drug and the weight, ranging up to Class C (40 years) for the largest amounts.
- Substantial battery: Class I, with a 3.5-year maximum and a fine of up to $10,000; aggravated battery climbs to Class H or Class E.
Sentences and treatment options
Under truth in sentencing, a prison term is split into initial confinement and extended supervision, and parole no longer exists for crimes committed after 1999. A sentence of a year or less is served in the county jail rather than state prison. The judge may make an inmate eligible for the Challenge Incarceration Program or the Substance Abuse Program, which can shorten confinement. The county also runs a treatment court for eligible defendants with addiction issues; its coordinator can be reached at (715) 386-4723. Most felony cases in Hudson take six months to a year.
Violent felony (for example, homicide, sexual assault, armed robbery)
Serious violent charges are less common in St. Croix County than in the metro area across the river, but when they occur the Sheriff's Office or the city police department investigates, sometimes with help from the state Division of Criminal Investigation. The District Attorney's Office handles the prosecution itself.
Custody and release
A person charged with homicide, sexual assault or armed robbery usually remains in the St. Croix County Jail at least until the initial appearance. The judge can set a high cash bail and strict conditions, and the 2023 constitutional amendment lets the court consider the danger of serious bodily harm to the community. The State Public Defender's Hudson office, (715) 650-9777, can screen the defendant for appointed counsel; serious cases are often assigned to experienced staff attorneys or private lawyers on contract.
Maximum penalties
- First-degree intentional homicide: Class A, punished by life in prison in every case. At sentencing in Hudson, the judge either sets the date the person may first seek release to extended supervision or orders life without that possibility.
- Second-degree intentional homicide and first-degree reckless homicide: each a Class B felony, which allows a prison term as long as 60 years.
- First-degree sexual assault: Class B (60 years); some offenses against young children carry mandatory minimum confinement.
- Armed robbery: Class C, up to 40 years in prison and a $100,000 fine; robbery without a weapon is Class E (15 years).
Capital punishment has not existed in Wisconsin since 1853. The case goes through the same preliminary hearing, information and arraignment steps as other felonies, but discovery, expert testimony and motions usually stretch the timeline to one or two years. Under Marsy's Law, adopted in 2020, victims have constitutional rights to notice of hearings and to be heard; the Victim/Witness office at (715) 386-4666 helps them participate. Appeals go to the Wisconsin Court of Appeals and then may be taken to the Wisconsin Supreme Court.
Juveniles (under 17) arrested in St. Croix County
Children aged 10 through 16 who are accused of breaking the law go before the St. Croix County Circuit Court sitting as the juvenile court; its records are kept by the Register in Probate. A 17-year-old who is charged with a crime, by contrast, goes through the adult system described above.
Intake
Police refer the case to the juvenile intake unit of St. Croix County Health and Human Services in New Richmond, reached through Child Services Access at (715) 246-8260. The intake worker interviews the youth and parents and may close the matter, offer a deferred prosecution agreement, or send it to the District Attorney, who decides whether to file a delinquency petition. If intake decides the child must be held, a custody hearing before the judge or commissioner should follow within 24 hours of that decision, with weekends and legal holidays not counted.
Secure detention
No secure juvenile detention center operates in St. Croix County. A youth who must be locked up pending court is typically sent to a center in another county that takes St. Croix County placements, such as the Northwest Regional Juvenile Detention Center in Eau Claire. Intake staff tell parents where the child has been taken and when the hearing will be.
Outcomes
- A deferred prosecution agreement, or a consent decree after a petition is filed, either of which can end without a finding of delinquency.
- Court-ordered supervision at home with conditions like school attendance, counseling, restitution and community service.
- Placement in a foster home, group home or treatment center, or Type 2 placement under county supervision.
- For serious cases, Type 1 placement at Lincoln Hills School (boys) or Copper Lake School (girls), state facilities in Irma, or the Serious Juvenile Offender program.
Adult court for juveniles
The DA can petition to waive a youth 14 or older into adult court for certain charges, and in some very serious cases younger children may be eligible. Adult court also has original jurisdiction, from age 10, over a youth accused of attempted or completed first-degree intentional homicide, first-degree reckless homicide or felony murder, and over some juveniles previously found delinquent who are accused of particular new offenses. The State Public Defender represents children in delinquency cases regardless of family income. Juvenile court files are generally confidential.
Federal cases (U.S. District Court) from St. Croix County
St. Croix County is part of the Western District of Wisconsin, which files and tries its criminal cases at the federal courthouse in Madison. That is roughly a four-hour drive from Hudson, even though the federal courthouse in St. Paul is much closer; a Wisconsin offense still belongs to a Wisconsin district.
- Federal courthouse in Madison (Western District Clerk's Office, Room 320), 120 North Henry Street, Madison 53703, (608) 264-5156
- Federal prosecutors: U.S. Attorney's Office for the Western District, Suite 700, 222 West Washington Avenue, Madison, (608) 264-5158
- Federal Defender Services of Wisconsin, Madison office, 22 East Mifflin Street, Suite 1000, Madison, WI 53703, (608) 260-9900; when it has a conflict, the court appoints a private lawyer from the Criminal Justice Act panel
Which St. Croix County cases go federal
Most arrests stay in the circuit court. Federal agents and the U.S. Attorney tend to step in on interstate drug trafficking along I-94, firearm possession by people barred from having guns, bank robbery, online child exploitation and larger fraud schemes. The St. Croix River on the county's western edge is part of the St. Croix National Scenic Riverway, a unit of the National Park Service, so an offense on that federal land may be prosecuted federally, although state charges are also possible. No reservation lies within St. Croix County; the nearest tribal lands belong to the St. Croix Chippewa Indians of Wisconsin, to the north in Polk and Burnett counties. Wisconsin is a Public Law 280 state, so crimes on those lands are generally prosecuted in state court, with the tribal court also active; the Menominee Reservation is the exception.
The federal process
Following a federal arrest, the first stop is a hearing before a U.S. magistrate judge, who explains the charge and appoints counsel for those who qualify. There is no cash bail schedule. Under the Bail Reform Act the court either releases the defendant on conditions monitored by Pretrial Services or orders detention, usually after a hearing held within three court days of the government's request. If the case began with a complaint, a grand jury indictment must follow within 30 days, and the Speedy Trial Act sets a 70-day trial deadline that is frequently extended.
Most defendants plead guilty. A trial needs a unanimous jury of 12. Sentencing comes months later, after a presentence report, with the judge weighing the advisory Sentencing Guidelines and any mandatory minimum. Federal prisoners serve their terms in the Bureau of Prisons without parole, earning at most about 15 percent off for good conduct, and then serve supervised release. A St. Croix County defendant who loses can appeal to the Seventh Circuit, the federal appeals court whose courtroom is in Chicago.
Locating a federal prisoner
Families of someone in federal custody can enter a name or a register number in the Federal Bureau of Prisons inmate locator. When the U.S. Marshals Service houses a pretrial federal defendant in a county jail by contract, that jail's inmate list may show the person too. Federal charges against juveniles are rare.
This page summarizes how criminal cases generally move through the courts in St. Croix County, Wisconsin; it is not legal advice, and court procedures and contacts change over time. For advice about a particular charge, consult a criminal defense lawyer licensed in Wisconsin. To apply for a public defender, call the State Public Defender's Hudson office at (715) 650-9777; to check whether someone is in custody, call the St. Croix County Jail at (715) 386-4752 or the Sheriff's Office at (715) 381-4320.
Criminal Court Process for St. Croix County Wisconsin
St. Croix 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 St. Croix 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, St. Croix 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 St. Croix 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 St. Croix 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, St. Croix County or a city or town. The prosecuting attorney for St. Croix 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 St. Croix 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 St. Croix 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 St. Croix 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 St. Croix 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 St. Croix 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.
