Trempealeau County Jail Criminal Court Process

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Criminal Court Process for Trempealeau County Wisconsin

Whitehall, near the middle of the county, is the seat of Trempealeau County and home to its courthouse and Government Center. Every criminal charge filed in the county goes to the Trempealeau County Circuit Court, which has a single judge, while the city of Arcadia runs a municipal court for its own ordinance tickets. Cases are prosecuted by the elected Trempealeau County District Attorney. People who are booked and not released are kept by the Sheriff at the Trempealeau County Jail in the Government Center on Main Street, where any cash bail can be paid.

  • Trempealeau County Circuit Court, Trempealeau County Courthouse, 18600 Hobson Street, Whitehall, WI 54773; Clerk of Circuit Court (715) 538-1814
  • Trempealeau County District Attorney, 18600 Hobson Street, Whitehall, WI 54773, through the county line (715) 538-2311 (ask for the District Attorney's office)
  • Trempealeau County Sheriff's Office, Government Center, 36245 Main Street, P.O. Box 67, Whitehall, WI 54773, (715) 538-2311; after-hours line (715) 538-4351
  • Trempealeau County Jail, 36245 Main Street, Whitehall, WI 54773, (715) 538-2311
  • Wisconsin State Public Defender, Black River Falls office (serves Trempealeau, Jackson and Clark counties), 438 North Water Street, Black River Falls, WI 54615, (715) 400-5350
  • Trempealeau County Department of Human Services (juvenile intake), Government Center, 36245 Main Street, Whitehall, WI 54773, (715) 538-2311, ext. 290

Which court hears your case. An ordinance citation or first-offense OWI written inside the city of Arcadia normally goes to the Arcadia Municipal Court. Wisconsin treats a first OWI as a civil forfeiture rather than a crime, unless a passenger under 16 was in the vehicle. The same kind of ticket from elsewhere in Trempealeau County is generally decided in circuit court, unless the town, village or city where it was issued has set up its own court, so read the court name printed on the citation. Misdemeanors, criminal traffic offenses and felonies are all filed in the Trempealeau County Circuit Court, where one judge hears the full criminal calendar in Whitehall, from a felony's initial appearance and preliminary hearing through any trial.

Where pretrial inmates are held. The Sheriff operates the county's only adult jail, in the Government Center at 36245 Main Street, which also houses the communications center that dispatches for every police agency in Trempealeau County. Whether the arrest is made by a deputy, the State Patrol or officers from Arcadia, Osseo, Independence, Galesville or another community, the person is booked there. Sentenced inmates may be allowed Huber work release. Families looking for someone in custody can call (715) 538-2311.

  1. Local courts in Trempealeau County (circuit court and municipal courts)
  2. Misdemeanor (for example, theft, battery, disorderly conduct, a second OWI)
  3. Felony (for example, burglary, felony theft, drug possession with intent to deliver, substantial battery)
  4. Violent felony (for example, homicide, sexual assault, armed robbery)
  5. Juveniles (under 17) arrested in Trempealeau County
  6. Federal cases (U.S. District Court) from Trempealeau County

1. Local courts in Trempealeau County (circuit court and municipal courts)

Trempealeau County stretches from the Mississippi River bluffs at Trempealeau and Galesville north to Eleva and Strum, but its criminal courtroom is in one place: the courthouse in Whitehall. The state's municipal court directory lists one municipal court in the county, in Arcadia. A municipal judge decides only local ordinance cases, which carry forfeitures; jail is possible only as a sanction against someone who fails to pay. In some situations a defendant can have a municipal case moved to the circuit court, for example by requesting a jury within the deadline, so read the citation's instructions carefully.

Courts

  • Trempealeau County Circuit Court, 18600 Hobson Street, Whitehall, WI 54773. One branch, presided over by the county's circuit judge; Clerk of Circuit Court (criminal, traffic and forfeiture files) (715) 538-1814.
  • Arcadia Municipal Court (city of Arcadia), 203 West Main Street, Arcadia, WI 54612, (608) 323-3359

Other cities in the county, including Blair, Galesville, Independence, Osseo and Whitehall, do not appear in the 2021 state directory of municipal courts; tickets from those places generally go to circuit court unless the municipality has its own court, so check the citation.

Other offices

  • Trempealeau County District Attorney, 18600 Hobson Street, Whitehall, (715) 538-2311
  • State Public Defender, Black River Falls office, 438 North Water Street, Black River Falls, (715) 400-5350
  • Trempealeau County Sheriff's Office, which runs the Trempealeau County Jail, 36245 Main Street, Whitehall, (715) 538-2311
  • Whitehall Police Department, Whitehall, non-emergency (715) 538-4399
  • Other municipal police: the county dispatch center also handles squads for Arcadia, Blair, Eleva, Galesville, Independence, Osseo, Pigeon Falls, Strum and the village of Trempealeau; reach them through dispatch at (715) 538-4351 when no local number is posted.
  • Juvenile intake: Trempealeau County Department of Human Services, Whitehall, (715) 538-2311, ext. 290

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

Retail theft in the larger towns, domestic disturbances, bar fights after festivals and repeat drunk-driving stops along State Highways 35, 53, 93 and 95 make up much of the misdemeanor docket in Trempealeau County.

From arrest to first court date

For a lower-level offense an officer may write a citation and let the person go. If the person is taken to the Trempealeau County Jail instead, jail staff may release them on a signature bond, a written promise to return that can carry a dollar amount owed only if they miss court. When the court requires cash, a relative or the defendant pays the full amount at the jail or to the Clerk of Circuit Court; Wisconsin law does not permit for-profit bonding companies. After a domestic abuse arrest, the person who was arrested must stay away from the alleged victim and the shared home for 72 hours unless the victim signs a waiver. Anyone still in custody generally appears before the judge or a court commissioner within roughly 48 hours, often over a video link from the jail.

Lawyers

At the initial appearance the court explains the charge and the right to an attorney. Ask jail staff for a State Public Defender application, or call the Black River Falls office at (715) 400-5350. The SPD's financial test is strict; a person who is turned down but genuinely cannot pay for a lawyer can ask the Whitehall court to appoint one at county expense.

What the charges carry in Trempealeau County

  • Theft (value of $2,500 or less): a Class A misdemeanor, punishable by up to 9 months in the Whitehall jail and a fine of up to $10,000.
  • Battery: also Class A. When the case is charged as domestic abuse, a conviction brings an added surcharge and a federal ban on owning guns.
  • Disorderly conduct: Class B, with a ceiling in Whitehall of 90 days and $1,000; it is frequently filed with a domestic abuse modifier.
  • OWI, second offense within 10 years: a criminal misdemeanor with 5 days to 6 months of mandatory jail, revocation and an ignition interlock. By contrast, a first OWI is a forfeiture of $150 to $300 plus costs, a 6- to 9-month revocation and an alcohol or drug assessment, with an interlock if the test was 0.15 or higher or the driver refused.
  • Class C misdemeanors, the lowest tier, cap out at 30 days and $500.

A misdemeanor trial in Whitehall uses a six-person jury, but trials are uncommon; most cases close with a plea agreement, deferred prosecution or dismissal. Typical sentences include probation, fines, or county jail time with Huber privileges so the person can keep working. From charge to resolution, plan on two to six months; a defendant who demands a speedy trial is generally entitled to one within 60 days.

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

Methamphetamine delivery, burglaries of farm buildings and rural homes, thefts from employers and fourth or later OWI offenses, which are generally felonies, are among the felony cases most often charged in Trempealeau County.

How a felony moves through the Whitehall court

  1. Complaint and initial appearance. The District Attorney files a criminal complaint, and the judge or a court commissioner checks it for probable cause, then sets bail: either a signature bond or a cash amount, with conditions such as absolute sobriety or no contact with named people. A 2023 change to the state constitution allows the court, in a case involving a violent crime, to weigh the risk of serious harm to the public in setting conditions and cash.
  2. Preliminary hearing. The court must hold it within 10 days if the defendant is jailed on cash they cannot post, or within 20 days otherwise. Many defendants waive it.
  3. Information and arraignment. Once the case is bound over, the DA files an information, and the defendant enters a plea to the charges it lists.
  4. Resolution. Most felonies are settled by a plea. If the case is tried, 12 jurors must reach a unanimous verdict, and a speedy trial demand generally requires trial within 90 days.

Maximum penalties for the sample offenses

  • Burglary: a Class F felony, carrying up to 12.5 years and a $25,000 fine for a Trempealeau County conviction.
  • Felony theft: Class I when the value tops $2,500 (3.5 years), Class H above $5,000 (6 years) and Class G above $10,000 (10 years).
  • Possession with intent to deliver: graded by the kind and weight of the drug, from Class I up to Class C (40 years).
  • Substantial battery: Class I, allowing as much as 3.5 years; aggravated battery is charged as Class H, or Class E when great harm was intended.

Wisconsin's truth-in-sentencing law splits every prison term into initial confinement followed by extended supervision, and there has been no parole for crimes committed after 1999. A sentence of a year or less is served in the county jail rather than with the Department of Corrections. Eligible prisoners may shorten their confinement through the Challenge Incarceration Program or the Substance Abuse Program. A Trempealeau County felony usually takes six to twelve months. The State Public Defender's Black River Falls office handles most appointed felony cases in Whitehall.

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

Homicides and armed robberies are rare in Trempealeau County, and the Sheriff's Office often calls on the state Division of Criminal Investigation for help when one happens. A person charged with a violent felony usually stays in the Trempealeau County Jail unless family can post what is often a large cash bail.

Possible sentences

  • First-degree intentional homicide: Class A; Trempealeau County judges must impose life. The judge decides when, if ever, the person may petition for extended supervision.
  • Up to 60 years for each of two Class B crimes, second-degree intentional homicide and first-degree reckless homicide.
  • First-degree sexual assault: Class B, up to 60 years; certain crimes against young children carry mandatory minimum terms.
  • Armed robbery: Class C, punishable in Trempealeau County by a term as long as 40 years. Robbery without a weapon is a Class E felony with a 15-year cap.

Wisconsin abolished the death penalty in 1853, so life imprisonment is the most severe sentence the Whitehall court can impose.

Timeline, counsel and victims

Expect a serious case to take one to two years, with time needed for crime-lab testing, expert reports and pretrial motions; in a small county a defense lawyer may also raise concerns about local publicity. The State Public Defender assigns experienced staff or private lawyers to homicide and sexual assault defendants who qualify. Under Marsy's Law, added to Wisconsin's constitution in 2020, victims have rights to notice, to attend and to be heard at important stages, and the victim/witness staff in the District Attorney's office can be reached through (715) 538-2311.

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5. Juveniles (under 17) arrested in Trempealeau County

The Trempealeau County circuit judge sits as the juvenile court for delinquency cases involving children aged 10 through 16. Seventeen-year-olds who are charged with crimes go through adult court in Wisconsin.

Intake and the custody hearing

Police refer a young person to intake at the Trempealeau County Department of Human Services in Whitehall ((715) 538-2311, ext. 290). The intake worker may close the referral, arrange a deferred prosecution agreement or send the case to the District Attorney, who decides whether to file a delinquency petition. A child who is kept in custody is entitled to a hearing before a judge or court commissioner, generally within 24 hours after the intake decision, with weekends and legal holidays not counted.

Where a youth may be detained

No secure juvenile detention center operates in Trempealeau County. A child who must be held is typically placed in a center in another county under a contract, such as the La Crosse County Juvenile Detention Center or the Northwest Regional Juvenile Detention Center in Eau Claire. Parents can ask the intake worker where their child was taken.

Possible outcomes

  • A deferred prosecution agreement or consent decree, which can lead to dismissal if the child follows the terms.
  • Supervision while living at home, with conditions such as counseling, school attendance, community service or restitution.
  • Placement with a relative, a foster home, a group home or a residential treatment center, including a Type 2 placement.
  • A Type 1 placement in state juvenile corrections at Lincoln Hills School (boys) or Copper Lake School (girls), or the Serious Juvenile Offender program for the gravest cases.

When a case goes to adult court

The DA may ask the juvenile court to waive a child 14 or older into adult court for certain offenses, and in some very serious cases younger children can be waived. Adult court has original jurisdiction from age 10 over attempted or completed first-degree intentional homicide, first-degree reckless homicide and felony murder, and over some youths with a prior delinquency adjudication who are accused of specific new crimes. Children have a right to a lawyer, and the State Public Defender generally represents juveniles in delinquency cases without applying its adult financial test. Juvenile court files are generally confidential.

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6. Federal cases (U.S. District Court) from Trempealeau County

Trempealeau County is part of the Western District of Wisconsin. Federal charges from Whitehall, Arcadia or the river towns are filed with the clerk in Madison and heard by judges there.

  • U.S. District Court for the Western District (clerk), Room 320, 120 North Henry Street, Madison 53703, (608) 264-5156
  • U.S. Attorney's Office, Western District, 222 West Washington Avenue, Suite 700, Madison, WI 53703, (608) 264-5158
  • Federal Defender Services of Wisconsin (Madison), Suite 1000, 22 East Mifflin Street, (608) 260-9900; Criminal Justice Act panel lawyers step in when the office cannot
  • U.S. Probation and Pretrial Services, 222 West Washington Avenue, Suite 340, Madison, (608) 264-5165

What makes a Trempealeau County case federal

Federal agents and prosecutors usually step in for drug trafficking that crosses state lines, firearm possession by people barred from having guns, bank robbery, online child exploitation, and fraud involving federal programs or interstate schemes. Part of the Trempealeau National Wildlife Refuge lies along the Mississippi in the county's southwest corner, and offenses on federal property like the refuge may be prosecuted federally, though state charges are often possible too. There is no reservation in Trempealeau County; Ho-Chunk Nation lands are nearby in Jackson County, where, as on most Wisconsin tribal land, Public Law 280 gives state courts criminal jurisdiction alongside the tribe's own court.

The federal process

After arrest, the defendant first appears before a U.S. magistrate judge, who appoints counsel when needed. Instead of a money bail amount, release is governed by the Bail Reform Act: the judge either sets conditions supervised by Pretrial Services or orders detention, and a contested detention hearing is usually held within three court days. Where the government starts with a complaint, a grand jury has 30 days to return an indictment. The Speedy Trial Act's 70-day trial clock is often paused for motions and continuances.

In federal court, the large majority of defendants plead guilty, and a trial verdict requires all 12 jurors to agree. A federal probation officer writes a presentence report for the judge, who considers the advisory Sentencing Guidelines and must apply any mandatory minimum. There is no federal parole, so prisoners serve roughly 85 percent of their term in the Bureau of Prisons before supervised release begins. Appeals go to the Seventh Circuit Court of Appeals in Chicago. Federal court seldom handles juveniles. A defendant who is turned away by the State Public Defender in a county case may still qualify for a federal defender, because the federal test is separate.

Locating a federal prisoner

Enter a name or register number in the Federal Bureau of Prisons inmate locator to find someone in federal custody. A person awaiting federal trial in a county jail under a U.S. Marshals contract may also show up on the roster kept by that county jail.

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This page offers general information about criminal cases in Trempealeau County, Wisconsin; it is not legal advice, and court practices change. Speak with a Wisconsin criminal defense lawyer about any actual case. To request a public defender, call the State Public Defender's Black River Falls office at (715) 400-5350; for questions about someone in custody, call the Trempealeau County Sheriff's Office at (715) 538-2311.

Criminal Court Process for Trempealeau County Wisconsin

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

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