Vilas County Jail Criminal Court Process

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

Which court hears your case. In Wisconsin a first-offense OWI is a civil forfeiture rather than a crime, as long as no child under 16 was riding along, and the same is true of ordinance violations. These cases belong in a municipal court where the town, village or city has one; since none is listed for Vilas County, they are normally heard in the Vilas County Circuit Court, and the ticket shows which court to answer. Misdemeanors and criminal traffic offenses such as a second OWI are filed in that circuit court, where Branch 1 and Branch 2 share criminal work with help from court commissioners. A felony begins there with an initial appearance and preliminary hearing and is tried there too.

Where pretrial inmates are held. All adult arrests in the county, whether by deputies, Eagle River police, Lac du Flambeau tribal officers, state troopers or wardens, end with booking at the Sheriff's jail in Eagle River. Sentenced inmates may qualify for Huber work release. Families looking for someone, or wanting to know what release requires, should call the Sheriff's Office at (715) 479-4441.

• Vilas County Circuit Court (Branch 1 and Branch 2), Vilas County Courthouse, 330 Court Street, Eagle River, WI 54521; Clerk of Circuit Court (715) 479-3632
• Vilas County District Attorney, 330 Court Street, Eagle River, WI 54521, (715) 479-3614
• Vilas County Sheriff's Office, 330 Court Street, Eagle River, WI 54521, (715) 479-4441; toll-free (800) 472-7290
• Vilas County Jail, Sheriff's Office, Eagle River, WI 54521, (715) 479-4441
• Wisconsin State Public Defender, Rhinelander office (covers Vilas, Oneida, Forest and Florence counties), 158 South Anderson Street, Suite 1, Rhinelander, WI 54501, (715) 750-2170
• Vilas County Department of Social Services, Youth Justice unit (juvenile intake), 330 Court Street, Eagle River, WI 54521, (715) 479-3646; department main line (715) 479-3668

Vilas County is made up of the city of Eagle River and towns such as Arbor Vitae, Boulder Junction, Conover, Land O' Lakes, Lac du Flambeau, Manitowish Waters, Phelps, Plum Lake, Presque Isle, St. Germain and Washington. The state court system's 2021 municipal court directory lists no municipal court for any of them, so tickets written under local ordinances are, as a rule, handled by the circuit court in Eagle River unless a community has set up its own court since; the citation will say. In Wisconsin generally, a municipal court handles only forfeiture cases under local ordinances, cannot jail anyone except to enforce an unpaid forfeiture, and in certain cases allows the defendant to request transfer to the circuit court.

Circuit court

• Vilas County Circuit Court, Vilas County Courthouse, 330 Court Street, Eagle River, WI 54521. Branch 1 (715) 479-3638; Branch 2 (715) 479-3732. Clerk of Circuit Court (criminal, traffic and ordinance files) (715) 479-3632.

Tribal court

• Lac du Flambeau Tribal Court, 623 Peace Pipe Rd., PO Box 217, Lac du Flambeau, (715) 588-4200. The Lac du Flambeau Reservation lies mostly in southwestern Vilas County. The tribal court hears cases under the Band's code; state charges from the reservation are filed in the circuit court in Eagle River.

Prosecutor and public defender

• Vilas County District Attorney, 330 Court Street, Eagle River, (715) 479-3614
• Rhinelander office of the State Public Defender, 158 S. Anderson St., Ste. 1, (715) 750-2170

Law enforcement

• Vilas County Sheriff's Office, which runs the Vilas County Jail, 330 Court Street, Eagle River, (715) 479-4441. Deputies patrol the towns, some of which also employ constables.
• Eagle River Police Department, 525 Maple Street, P.O. Box 1269, Eagle River, WI 54521, (715) 479-1941
• Lac du Flambeau Tribal Police, Peace Pipe Rd., PO Box 337, Lac du Flambeau, (715) 588-7717
• Manitowish Waters Lake Patrol (water enforcement), 5733 Airport Road, Manitowish Waters, WI 54545, (715) 543-8400

Juvenile intake

• Vilas County Department of Social Services, Youth Justice, 330 Court Street, Eagle River, (715) 479-3646

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

With one of the densest concentrations of lakes in the Midwest and a population that grows sharply each summer, Vilas County sees many misdemeanors tied to tourism: thefts from cabins and stores, tavern disputes, disorderly conduct, and drunk driving on highways and snowmobile trails.

Release after arrest

Officers may cite and release a person for many minor crimes. If the person is booked at the Vilas County Jail, they may be let out on a signature bond, which is a signed promise to appear that can include a dollar amount owed for missing court. When a cash amount is set, the full sum is paid at the jail or the clerk's office by the defendant or a friend or relative, since Wisconsin has no commercial bail bond industry. After a domestic abuse arrest, the person must stay away from the alleged victim and their home for 72 hours unless the victim signs a waiver. People who are not released are normally brought before a judge or court commissioner within roughly 48 hours, frequently by video.

Counsel

Vilas County defendants apply to the State Public Defender's Rhinelander office, about 25 miles south of Eagle River, by calling (715) 750-2170 or asking jail staff for an application. Someone who is over the SPD's tight financial limits but still cannot afford a lawyer may ask the court to appoint one paid by the county.

Vilas County penalty ranges

• Theft ($2,500 or under) and battery are Class A misdemeanors: a Vilas County judge can impose as much as 9 months in jail and a $10,000 fine.
• Disorderly conduct is Class B, capped at 90 days and $1,000.
• A second OWI in 10 years requires jail of 5 days to 6 months, plus fines, revocation and an ignition interlock device. A first OWI is a forfeiture of $150 to $300 plus costs, with 6 to 9 months of revocation, an assessment, and an interlock if the reading was 0.15 or higher or the driver refused testing.
• Class C offenses carry no more than 30 days and $500.

Six jurors hear a misdemeanor trial. Outcomes include dismissal, deferred prosecution, a fine, probation or jail, often with Huber privileges. Most cases close in two to six months; under a speedy trial demand, trial generally must occur within 60 days.

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

Burglaries of vacation homes during the off-season, methamphetamine and opioid delivery cases, and repeat OWI (a fourth is generally a felony) account for much of the felony docket in Eagle River.

How a felony moves

Charging and first appearance. The District Attorney's complaint starts the case. A judge or court commissioner reviews it for probable cause and sets release conditions, which may include cash bail. Following a 2023 constitutional amendment, a Wisconsin court setting conditions for someone accused of a violent crime may take into account the risk of serious harm to others.

Preliminary hearing. This hearing must begin within 10 days if the defendant remains jailed because the cash amount has not been paid, or within 20 days otherwise. It tests only whether there is probable cause to believe a felony was committed, and it is often waived.

Information and arraignment. Once a defendant is bound over for trial, the prosecutor files an information, and the defendant pleads to it.

Plea or trial. Negotiated pleas settle most felonies. A trial jury of 12 must be unanimous, and when the defendant demands a speedy trial it generally has to begin within 90 days.

What the example charges carry

• Burglary: a Class F felony, with up to 12.5 years and a $25,000 fine in a Vilas County case.
• Felony theft: Class I above $2,500 (3.5 years), Class H above $5,000 (6 years), Class G above $10,000 (10 years).
• Possession with intent to deliver: graded by drug and quantity, up to Class C for the largest amounts.
• Substantial battery: Class I; aggravated battery involving great bodily harm is Class H or E.

Under truth in sentencing, a prison term is split between initial confinement and extended supervision, and parole does not exist for crimes committed after 1999. Sentences of a year or less are served in the county jail, longer ones in state prison, where inmates who qualify may take part in the Challenge Incarceration or Substance Abuse Program and earn early release. Expect six months to a year from charge to conclusion. The State Public Defender's Rhinelander office handles appointed felony defense for the county.

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

Violent felonies are uncommon in Vilas County, but when one is charged the defendant typically stays at the Vilas County Jail unless family can post the cash bail, which is usually large and paired with no-contact and other conditions.

Sentencing exposure

• First-degree intentional homicide: Class A, and a Vilas County conviction requires a life sentence. The judge chooses whether the defendant may ever seek release to extended supervision and, if so, when.
• Second-degree intentional homicide: Class B, carrying as much as 60 years.
• First-degree reckless homicide: also Class B, and the usual charge in Wisconsin when a drug delivery causes a death.
• First-degree sexual assault: Class B; some child victim offenses add mandatory minimum terms.
• Armed robbery: Class C, up to 40 years behind bars.

Wisconsin ended capital punishment in 1853, so no Vilas County case can carry a death sentence.

Timeline, jurisdiction and victims

A serious violent case in Eagle River can take one to two years because of crime lab work, experts and pretrial litigation. Offenses on the Lac du Flambeau Reservation are prosecuted by the Vilas County District Attorney in circuit court, since Public Law 280 gives Wisconsin criminal jurisdiction there. Eligible defendants are represented by the State Public Defender. Marsy's Law guarantees victims notice, the right to attend and the right to be heard; the District Attorney's office at (715) 479-3614 can connect victims with its victim/witness services.

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5. Juveniles (under 17) arrested in Vilas County

Wisconsin prosecutes 17-year-olds as adults. A child from 10 through 16 who is accused of a crime is handled by the Vilas County Circuit Court acting as the juvenile court.

Youth Justice intake

Police refer the case to the Youth Justice unit of the Vilas County Department of Social Services at the courthouse, (715) 479-3646; outside business hours, the Sheriff at (715) 479-4441 contacts the on-call worker. Intake may dismiss the referral, offer a deferred prosecution agreement, or refer it to the District Attorney to consider a delinquency petition. A child held in secure custody should have a custody hearing before a judge or court commissioner within 24 hours of the intake decision, with weekends and legal holidays excluded.

Detention

The county does not operate a juvenile detention center. A youth who needs to be held securely is generally transported to another county's center under contract, for example the Marathon County Juvenile Detention Center in Wausau. Ask Youth Justice staff where a child was taken.

Dispositions

• A deferred prosecution agreement or a consent decree.
• Supervision with conditions such as treatment, restitution, community service or curfew.
• Placement in a foster or group home or a residential program, or a Type 2 placement.
• Type 1 commitment to Lincoln Hills School or Copper Lake School, the state's secure juvenile facilities in Lincoln County.
• The Serious Juvenile Offender program, used only for the most serious offenses.

Adult court for juveniles

For some offenses the District Attorney can ask the court to waive a youth 14 or older into adult court, and some younger children can be waived for very serious charges. Adult court generally has original jurisdiction over a child 10 or older accused of first-degree intentional homicide (or an attempt), first-degree reckless homicide or felony murder, and over certain previously adjudicated youths accused of particular new offenses. A child facing a delinquency petition in Eagle River gets a lawyer through the State Public Defender. Juvenile records are, with some exceptions, confidential.

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

Federal crimes charged in Vilas County belong to the Western District of Wisconsin, whose clerk's office and courtrooms are in Madison, roughly 230 miles south of Eagle River.

• U.S. District Court, Western District: the clerk is in Room 320 of the Madison courthouse, 120 North Henry Street; (608) 264-5156
• Office of the U.S. Attorney, which prosecutes Vilas County federal cases from Madison, Suite 700, 222 West Washington Avenue; (608) 264-5158
• Federal Defender Services of Wisconsin, whose Madison lawyers work out of Suite 1000 at 22 East Mifflin Street; (608) 260-9900; private lawyers on the Criminal Justice Act panel step in when that office has a conflict

Federal land, the reservation and federal offenses

Vilas County contains units of both halves of the Chequamegon-Nicolet National Forest, and crimes committed on national forest land may be prosecuted federally, though state charges often remain an option. The Lac du Flambeau Reservation is subject to Wisconsin's Public Law 280 jurisdiction, which means criminal cases there are usually brought in the Vilas County Circuit Court, with the tribal court also active; Wisconsin's one exception is the Menominee Reservation, where serious crimes are federal cases. Apart from those settings, Vilas County cases that reach federal court tend to involve drug trafficking across state lines (the Michigan border runs along the county's north edge), firearms in the hands of prohibited persons, bank robbery, child exploitation and fraud. Most other arrests remain in state court, where the State Public Defender serves those who qualify.

Inside a federal prosecution

A U.S. magistrate judge conducts the first hearing and appoints a lawyer if the defendant cannot pay. There is no cash bail schedule: under the Bail Reform Act, a Vilas County defendant is either released on conditions that U.S. Pretrial Services monitors or held in custody, and a contested detention hearing is usually held within three court days. A defendant first charged by complaint must be indicted within 30 days. The Speedy Trial Act sets a 70-day deadline for trial, one that Madison judges frequently extend.

A federal jury has 12 members and must be unanimous, but most cases end in a plea. A probation officer writes a presentence report, and the judge applies the advisory Guidelines and any statutory minimum. Federal prisoners have no parole; about 85 percent of a sentence is served with the Bureau of Prisons, followed by supervised release. Any appeal is taken to the Seventh Circuit in Chicago.

Searching for a federal inmate

To track a federal prisoner, enter a name or register number in the Federal Bureau of Prisons inmate locator. Someone held for federal court in a county jail under contract with the Marshals Service may also show up on that jail's roster. Federal cases against juveniles are rare.

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