Walworth County Jail Inmate Bail & Bonds
Walworth County bail and bond: the Elkhorn jail and how release works
Adults arrested in Walworth County are held in the Walworth County Jail at 1770 County Road NN in Elkhorn, which the Sheriff's Office runs. Use Walworth County Inmate Search to see whether your family member is in custody and what the bail is. Wisconsin bans bail bondsmen, so bail here is cash paid to the county, not a fee to a company. The Sheriff's Office phone is 262-741-4400.
Where in Elkhorn is the Walworth County Jail?
The Walworth County Jail is at 1770 County Road NN, Elkhorn, WI 53121, and the Sheriff's Office runs it. Search Walworth County Inmate Search first to see whether the booking is posted and what the bail is.
The non-emergency line for the Sheriff's Office is 262-741-4400. Use it for questions the search cannot answer.
Why are there two addresses on County Road NN?
The Sheriff's Office and jail are at 1770 County Road NN. The Clerk of Circuit Court is at 1800 County Road NN, with a mailing address of PO Box 1001.
Pay and file at the right one. Call the Clerk at 262-741-7012 to learn which office handles the paper you have.
How do I pay bail for someone held in Elkhorn?
Call the Sheriff's Office at 262-741-4400 and ask how the jail takes bail and which payments it accepts. Wisconsin law lets an officer take bail only at a sheriff's office or a police station, and the officer must give you a numbered receipt.
Ask whether the payment is for a Walworth County case, a city case, or a hold from another county. The right office depends on that answer.
Do any bail bond companies work in Walworth County?
None can lawfully do so. Wis. Stat. 969.12 allows only an unpaid natural person living in Wisconsin to act as a surety.
The same statute bars compensation for the role. That is why you will not find a licensed bondsman near the courthouse, and why a cold call offering one should be ignored.
Does Walworth County have a pretrial program?
Yes. Walworth is one of the Wisconsin counties with a pretrial program. A program like this tries to reduce reliance on cash bail by screening risk and supervising people in the community.
A judge decides whether to order supervision. Under State v. Wilcenski, the judge cannot order it for everyone charged without an individual decision.
When does a judge see a person arrested in Walworth County?
Wisconsin law says the person must be brought before a judge in a reasonable time. Court decisions require a probable cause finding within 48 hours of an arrest without a warrant.
The Clerk at 262-741-7012 can give you the hearing date after the booking.
What does it mean to sign a bond instead of paying?
In a misdemeanor case a judge may allow an unsecured appearance bond. The defendant signs, pays nothing now, and owes the stated sum only if the terms are broken.
For a felony, Wis. Stat. 969.03 offers the same choices, plus release into the custody of a person or group that agrees to supervise.
How can a family ask the judge to lower bail?
Either the state or the defendant can petition the court to raise or lower bail, change conditions, or restore bail that was revoked (Wis. Stat. 969.08).
Give the lawyer facts about job, housing, and family. Those are among the character, residence, and reputation factors that the law tells the judge to weigh.
What is the most a judge can set for a misdemeanor?
No more than the largest fine for the offense. The courts' annual misdemeanor bail schedule works within that limit.
For a felony there is no ceiling, but the amount may not be excessive when it rests on the violent-crime finding.
Will a domestic abuse arrest hold someone longer?
It can. When an officer must make an arrest under Wis. Stat. 968.075, the person is not released until bail is posted or a judge reviews the case.
A 72-hour no-contact period follows, covering the victim's home and any contact. Release requires the person to sign that they understand it.
When can Walworth County refuse bail completely?
Only in a small set of cases. Wis. Stat. 969.035 covers specific serious offenses and violent crimes by people with violent histories, after the District Attorney files an allegation.
The hearing opens within 10 days. A finding of danger can hold the person up to 60 days after the hearing.
What does a bail hearing look like if the judge is not in the room?
Wisconsin lets the initial appearance happen by telephone or live audiovisual link. The person can also waive appearing in person.
A defense lawyer can explain what to expect on the video link.
What is Huber, and does Walworth County use it?
Huber is a work-release privilege for sentenced jail inmates under Wis. Stat. 303.08. Inmates leave during set hours for work, school, treatment, or family duties, and wages go into a trust account.
It never applies to someone waiting for trial. Ask the Sheriff's Office whether a sentenced relative qualifies.
Where do I ask about a teenager who was arrested?
Youth cases go to juvenile court, and the files are confidential. Call the Clerk of Circuit Court at 262-741-7012 to learn where the young person is held and when the detention hearing is.
The adult lookup, Walworth County Inmate Search, may not show a child.
Who is the free lawyer for Elkhorn courts?
The State Public Defender's Elkhorn office, 204 Commerce Court, Suite 1, serves Walworth County. Call 262-273-4710. Ask for a public defender at the first court date.
Anyone still jailed 72 hours after the first appearance can ask the judge to review the release terms, and the judge must state reasons for keeping them.
How do I get bail money back after the case?
Ask the Clerk of Circuit Court. When a case is dismissed or ends in acquittal, the deposit goes back to whoever paid it. A conviction sends what is left after costs to restitution and then the judgment.
Keep your receipt and the case number.
What happens if a released person skips court?
Bond terms can be forfeited and a warrant can issue. Intentionally breaking the terms is bail jumping under Wis. Stat. 946.49.
Cash deposits that are forfeited go first to victim recompense and then to costs. The person must give the Clerk a new address in writing within 48 hours.
Walworth County bail contacts
- Jail
- Walworth County Jail, 1770 County Road NN, Elkhorn, WI 53121; Sheriff's Office 262-741-4400
- Custody lookup
- Walworth County Inmate Search
- Clerk of Circuit Court
- 1800 County Road NN, Elkhorn, WI 53121 (mail: PO Box 1001); 262-741-7012
- Public defender
- Elkhorn office, 204 Commerce Court, Suite 1; 262-273-4710
Payment steps and phone numbers can change, and a judge may set an amount you did not expect. Ask the Sheriff's Office or the Clerk of Circuit Court before you pay. Treat this page as general background rather than legal advice.
Walworth County Jail
Address:
1770 County Road NN
Elkhorn, WI 53121
Phone:
262-741-4510
Frequently Asked Questions about Bail and Bonds in Walworth County
Does Walworth County have bail?
What kind of bonds are accepted in Walworth County?
Who can set bail in Walworth County?
When is bail set in Walworth County Wisconsin?
Does Walworth County have bail?
Yes, Walworth County imposes bail and conditions however 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. There are no licensed bond agencies in Wisconsin.
What kind of bonds are accepted in Walworth County?
The Walworth County courts recognize cash bail or10% cash percentage bonds. In some cases, a property bond will be considered.
Who can set bail in Walworth County?
Bail is set by a judge in Walworth County however if the crime is a misdemeanor and a judge not available for an immediate bail hearing, a law enforcement officer can set bail using a bail schedule.
When is bail set in Walworth County Wisconsin?
Bail is set at the first appearance, within 1-2 days following arrest; however, misdemeanor bail is generally processed and released immediately in most cases.
What is Bail?
Bail is what the arrested in Walworth County must pay or do to stay out of jail until the first court appearance.
The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program.
Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane.
If a judge in Walworth County feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the Walworth County Jail until the case is resolved or goes to trial.
Bail can be denied if the defendant did not comply with bail conditions from a previous arrest. Bail is usually denied in cases of violent offenses. In April of 2023, Wisconsin legislators voted on a bill that makes release on bail for certain offenses more difficult.
What is the difference between Bail and Bond?
Bail and bond are used interchangeably to mean the same thing but technically, they are different. The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions. Think of a bond as a loan to pay for the bail.
The thought of being in jail can cause the arrested to panic and try to secure a bond immediately.
DO NOT panic and take the time to understand all the options.
Wisconsin courts are trying to work with defendants to make bail work and might provide non-monetary options or even reduce the bail.
On the other hand, as anyone who has ever been involved in their criminal defense understands, fighting your case while ‘out on the streets’ gives you a much better chance of either winning, or getting a more favorable sentence.
What are the different types of bonds in Walworth County?
Based on a review of information from the arrest, the judge will determine and notify the accused of which types of bonds are available to them.
To describe the types of bonds, let’s use an example of buying your neighbor’s car. Your neighbor decides the price of the car and how they would be paid.
Similarly, the court (meaning a police, clerk of court, bail judge) determines the bail amount and how it would be paid.
Here are different options that the seller of the car or the court might consider:
You could pay full asking price for the car in cash. This is similar to paying cash bail. The full amount of bail would be paid to the town or county clerk or at the jail. Cash, cashier’s checks and credit cards are usually accepted.
You could sign an agreement on your own or with another person to pay for the car at a future date knowing that your neighbor would know where to find you if you stopped payment. This would be similar to a cash bond or a personal recognizance (PR) bond which are bonds to where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court could send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible for making sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up. Surety can be a family member or friend. Your attorney cannot act as a surety.
You can put a deposit down for your neighbor’s car and sign an agreement that the car will be paid off at a later date. Cash percentage in lieu of bonds is when the defendant pays a percentage of the bail amount, usually 10%, to the court which then holds the money until the case is over.
The amount is returned to the person who paid the 10% after the case is over. In most cases, the full amount is not returned if there are court fees or fines due. This is a type of surety bond if another person signs the bond paperwork.
You could sign an agreement that if the car were not paid off, that your neighbor would get your house or something of value. A property bond is a bond that the courts might consider in which the bond is pledged in land or home real estate (mobile homes are not accepted).
Usually, the property must be in the same state as the courts, and it must be worth at least 1 ½ - 2 times the amount of the bond.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsperson will not call asking for money without involvement of the arrested.)
Does Walworth County have bail?
Yes, Walworth County imposes bail and conditions however 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. There are no licensed bond agencies in Wisconsin.
What kind of bonds are accepted in Walworth County?
The Walworth County courts recognize cash bail or10% cash percentage bonds. In some cases, a property bond will be considered.
Who can set bail in Walworth County?
Bail is set by a judge in Walworth County however if the crime is a misdemeanor and a judge not available for an immediate bail hearing, a law enforcement officer can set bail using a bail schedule.
When is bail set in Wisconsin?
Bail is set at the first appearance, within 1-2 days following arrest; however, misdemeanor bail is generally processed and released immediately in most cases.
Can I get the bail or bond reduced in Walworth County Wisconsin?
Yes, your attorney can request a bond reduction.
In Walworth County Wisconsin, who can pay bail for me?
The person posting bail could be the defendant, a relative or close friend, called a surety, because they are promising and taking responsibility that you will return to court to get their money back.
A surety is not responsible for court fees or paying off personal debts for the defendant. A professional bondsperson who is approved by the State of Wisconsin could be the surety and execute a bond to the court on your behalf.
Can bail be paid online in Walworth County Wisconsin?
Yes, Wisconsin does offer online bail payment. For misdemeanor cases, a law enforcement officer can accept bail and the clerk of court can process all bail/bonds. Please contact the jail for specific information on how to pay bail: Go to the Walworth County Jail for more information about the jails in Walworth County.
What options are there to pay bail in Walworth County Wisconsin?
Most all jail and courts accept cash, a cashier or bankers’ check. Wisconsin accepts credit card payment. Please contact the jail for specific information on what methods of payment are accepted. Go to the Walworth County Jail for more information about posting bail in Walworth County.
Will I get all my bond money back in Wisconsin?
Bail money is returned to the person who paid the bail; in whole or in part once the case is finished. There may be fees, restitution (money to pay for damage caused by the crime) or fines that come out of that amount.
Can I get bail or a bond with no money down in Walworth County?
The judge or officer who sets bail determines which kind of bail will be an option for you, but a cash bond and PR bonds usually do not require cash down, though you might have to pay court fees.
A cash bond or a personal recognizance (PR) bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible to make sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up. A surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
What are the least expensive and affordable bail bonds in Wisconsin?
Wisconsin does not permit persons to secure a bond for profit so neither a bondsperson nor a court can charge a fee for executing a bond.