Walworth County Jail Criminal Court Process
Criminal Court Process for Walworth County Wisconsin
Walworth County, on the Illinois border and home to Lake Geneva, Delavan and the University of Wisconsin-Whitewater, has its county seat in Elkhorn. Criminal cases are heard by the Walworth County Circuit Court, four branches under state law, at the Judicial Center on County Road NN just outside downtown Elkhorn. The Walworth County District Attorney prosecutes, while more than a dozen separate city, village and town municipal courts take care of local ordinance tickets. People taken into custody are held at the Sheriff's jail on the same county campus.
- Walworth County Circuit Court, Walworth County Judicial Center, 1800 County Road NN, P.O. Box 1001, Elkhorn, WI 53121; Clerk of Circuit Court (262) 741-7012
- Walworth County District Attorney, Judicial Center, 1800 County Road NN, Room 2010, Elkhorn, WI 53121; victim/witness program (262) 741-7194
- Walworth County Sheriff's Office, 1770 County Road NN, Elkhorn, WI 53121, non-emergency (262) 741-4400
- Walworth County Jail, 1770 County Road NN, Elkhorn, WI 53121; reach it through the Sheriff's Office at (262) 741-4400
- Wisconsin State Public Defender, Elkhorn office (serves Walworth County), 204 Commerce Court, Suite 1, Elkhorn, WI 53121, (262) 273-4710
- Walworth County Department of Health and Human Services (juvenile intake), W4051 County Road NN, Elkhorn, WI 53121, (262) 741-3200
Which court hears your case. An ordinance ticket, including a first-offense OWI (a civil forfeiture under Wisconsin law, not a crime, except when a child under 16 was riding in the vehicle), goes to the municipal court of the city, village or town where the stop or incident happened if that community has one, such as Lake Geneva, Delavan, Elkhorn, Whitewater or East Troy. When the community has no municipal court, or when a sheriff's deputy or state trooper writes the ticket under state law, it is filed in the circuit court. Misdemeanors and criminal traffic cases are heard in the Walworth County Circuit Court in Elkhorn, where the four branches share the criminal and traffic calendars. Every felony case, from the initial appearance and preliminary hearing through trial, is also in the circuit court.
Where pretrial inmates are held. Walworth County's Sheriff runs the county's adult jail at 1770 County Road NN in Elkhorn, beside the Judicial Center, and arrestees from every police department in the county are booked there. A person who is not released after booking waits there for the initial appearance, and cash bail ordered by the court is paid at the jail or the Clerk of Circuit Court's office. The Sheriff's Office at (262) 741-4400 can confirm whether someone is in custody.
- Local courts in Walworth 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 Walworth County
- Federal cases (U.S. District Court) from Walworth County
Local courts in Walworth County (circuit court and municipal courts)
Unlike neighboring counties that pool their ordinance cases in one joint court, Walworth County has many small municipal courts, most run by a single city, village or town. Each one hears only cases from its own community. Several list post office boxes as their mailing addresses, so the courtroom location is printed on the citation or available from the court clerk.
Circuit court
- Walworth County Circuit Court, Judicial Center, 1800 County Road NN, P.O. Box 1001, Elkhorn, WI 53121; Clerk of Circuit Court (262) 741-7012. Felonies, misdemeanors, criminal traffic, state forfeiture citations and juvenile cases are all filed here.
Municipal courts
- Lake Geneva Municipal Court (City of Lake Geneva), 626 Geneva Street, Lake Geneva, WI 53147, (262) 248-4651
- Geneva Municipal Court (Town of Geneva), N3496 Como Road, Lake Geneva, WI 53147, (262) 248-3885
- Delavan City Municipal Court, P.O. Box 465, Delavan, WI 53115, (262) 728-5759
- Delavan Town Municipal Court, 5621 Town Hall Road, Delavan, WI 53115, (262) 728-5563
- Elkhorn Municipal Court (City of Elkhorn), P.O. Box 920, Elkhorn, WI 53121, (262) 723-2340
- Whitewater Municipal Court (City of Whitewater, including the part of the city in Jefferson County), P.O. Box 690, Whitewater, WI 53190, (262) 473-1384
- East Troy Village Municipal Court, 2015 Energy Drive, East Troy, WI 53120, (262) 642-6252
- East Troy Town Municipal Court, P.O. Box 664, East Troy, WI 53120, (262) 642-5379
- Williams Bay Municipal Court (Village of Williams Bay), P.O. Box 580, Williams Bay, WI 53191, (262) 245-2634
- Fontana Municipal Court (Village of Fontana-on-Geneva Lake), P.O. Box 114, Fontana, WI 53125, (262) 275-5633
- Walworth Municipal Court (Village of Walworth), P.O. Box 400, Walworth, WI 53184, (262) 275-2125
- Linn Municipal Court (Town of Linn), P.O. Box 130, Zenda, WI 53195, (262) 275-6300
- Bloomfield Municipal Court (Town and Village of Bloomfield), P.O. Box 64, Pell Lake, WI 53157, (262) 279-3356
- Darien Municipal Court, P.O. Box 224, Darien, WI 53114, (262) 882-5050
- Sharon Municipal Court, P.O. Box 379, Sharon, WI 53585, (262) 736-4888
- Border communities: tickets from the parts of the Village of Mukwonago and the City of Burlington that extend into Walworth County are generally handled by those communities' own courts, the Mukwonago Municipal Court, 627 S. Rochester Street, Mukwonago, WI 53149, (262) 363-6433, and the Burlington City Municipal Court, 300 N. Pine Street, Burlington, WI 53105, (262) 342-1129.
Communities without a court of their own send ordinance cases to the circuit court, and municipal courts occasionally merge or change, so rely on the court named on the citation. A municipal court can order forfeitures, driver's license penalties and assessments, but it cannot impose jail except as a consequence of failing to pay. A defendant may be able to have some municipal cases transferred to the circuit court, for instance by requesting a jury, so check deadlines quickly. Criminal charges are never heard in a municipal court; those defendants are taken to the Walworth County Jail, where any bail set by a circuit court official is handled.
Prosecution, defense, juvenile intake and police
- Walworth County District Attorney, 1800 County Road NN, Room 2010, Elkhorn, WI 53121; victim/witness program (262) 741-7194
- State Public Defender, Elkhorn office, 204 Commerce Court, Suite 1, Elkhorn, WI 53121, (262) 273-4710
- Walworth County Department of Health and Human Services, W4051 County Road NN, Elkhorn, WI 53121, (262) 741-3200; the same number connects to the county's 24-hour crisis line
- Walworth County Sheriff's Office, 1770 County Road NN, Elkhorn, WI 53121, (262) 741-4400; it patrols towns without their own departments, such as Troy and Darien
- Police departments: Lake Geneva (626 Geneva Street), Delavan (123 S. Second Street), Whitewater (312 W. Whitewater Street), East Troy (2015 Energy Drive), Fontana (185 Douglas Street), Walworth (227 N. Main Street), Sharon (125 Plain Street), Elkhorn, Williams Bay, Genoa City, Town of Delavan, Town of Geneva, Town of Linn and Bloomfield, plus the UW-Whitewater Police Department on campus
Misdemeanor (for example, theft, battery, disorderly conduct, a second OWI)
Walworth County's misdemeanor caseload swells in summer, when visitors fill Lake Geneva and Delavan Lake; boating and drunk-driving stops, bar fights, retail theft and college-town incidents in Whitewater are all routine.
After the arrest
Officers from every department in the county bring arrestees to the Walworth County Jail in Elkhorn for booking. For many lower-level offenses the person is released fairly quickly with a citation or on a signature bond, meaning a signed promise to appear that can include an amount owed if the person later fails to show up. Anyone still held sees a court commissioner or judge at an initial appearance, normally within 48 hours. That official may require cash bail, which in Wisconsin must be paid in full by the defendant or someone on his or her behalf; there are no bail bondsmen in the state. Release conditions often bar alcohol or contact with a particular person. Following a domestic abuse arrest, the person generally may not contact the alleged victim or go to that residence for 72 hours.
Lawyers, hearings and trials
The Walworth County District Attorney reviews reports and files the complaint. Defendants who cannot pay for a lawyer may apply to the State Public Defender's Elkhorn office at (262) 273-4710 or fill out an application at the jail. If the SPD's financial guidelines rule someone out but that person still cannot afford a lawyer, the judge may appoint one at county cost. After the initial appearance come pretrial conferences and, if no agreement is reached, a trial before six jurors.
Penalties for misdemeanors in the Walworth County Circuit Court
- Class A: up to 9 months in jail and $10,000; this level covers battery, theft of property worth $2,500 or less, and criminal trespass to a dwelling.
- Class B: up to 90 days and $1,000; disorderly conduct, often charged with a domestic abuse modifier, falls here.
- Class C: a Walworth County judge may impose as much as 30 days in jail and a fine of no more than $500.
- Second OWI (within 10 years): a criminal offense requiring at least 5 days in jail, up to 6 months, plus fines, revocation, an ignition interlock and an assessment. A first OWI is handled as a forfeiture: $150 to $300 plus court costs, revocation of 6 to 9 months, the alcohol or drug assessment, and an interlock for a concentration of 0.15 or above or a refusal.
Outcomes include dismissal, deferred prosecution, fines, probation, and jail with Huber work-release privileges when the judge permits. Most Walworth County misdemeanor cases are wrapped up within two to six months.
Felony (for example, burglary, felony theft, drug possession with intent to deliver, substantial battery)
Burglaries of lake homes and businesses, drug cases tied to the Interstate 43 and U.S. 12 corridors and the nearby Illinois border, and serious batteries make up much of the felony work handled by Walworth County prosecutors.
The felony track
- Arrest and initial appearance. The defendant is booked at the Walworth County Jail. At the initial appearance in the Judicial Center, generally within 48 hours, the court reviews the DA's criminal complaint and sets bail, either a signature bond or cash, and conditions.
- Preliminary hearing. A judge or court commissioner decides whether there is probable cause to believe the defendant committed a felony. For someone held because he or she cannot post bail, the hearing must begin within 10 days of the initial appearance; for others, within 20 days. Many defendants waive it.
- Information and arraignment. The DA then files an information, and the defendant enters a plea.
- Pretrial litigation. Discovery, suppression motions and negotiations take place. A speedy trial demand generally entitles a felony defendant to trial within 90 days, with exceptions.
- Disposition. A plea agreement resolves most cases; if not, a Walworth County jury of 12 must agree unanimously to convict.
Maximum terms
- Burglary (Class F): 12.5 years.
- Felony theft: Class I for $2,500 to $5,000 (3.5 years), Class H for $5,000 to $10,000 (6 years), Class G above $10,000 (10 years).
- Substantial battery (Class I): 3.5 years. Aggravated battery: Class H or Class E, 6 or 15 years.
- Possession with intent to deliver: graded by the substance and the quantity, so the penalty class varies widely.
- The general scale: Class A life; B 60 years; C 40 years; D 25 years; E 15 years; F 12.5 years; G 10 years; H 6 years; I 3.5 years, each with its own maximum fine.
Wisconsin's truth-in-sentencing law divides a prison sentence into initial confinement and extended supervision, and for crimes since 1999 parole is no longer available. Earned release through the Challenge Incarceration Program or the Substance Abuse Program may be possible. Jail terms under one year are served locally; longer sentences are served with the Department of Corrections. Felony cases in Elkhorn usually take six to twelve months. The State Public Defender's Elkhorn office accepts applications from felony defendants who cannot afford counsel.
Violent felony (for example, homicide, sexual assault, armed robbery)
A homicide, sexual assault or armed robbery in Walworth County is charged by the District Attorney and tried in the circuit court in Elkhorn, usually after an investigation by the Sheriff's Office or a city police department, sometimes joined by state investigators.
Bail and detention
High cash bail is common for violent charges, and defendants who cannot post it remain in the Walworth County Jail for the life of the case. A 2023 change to the state constitution allows a judge, when setting release conditions or a cash amount for someone accused of a violent crime, to take into account the risk of serious harm to others. Released defendants may face GPS monitoring and strict no-contact rules.
What the statutes provide
- First-degree intentional homicide (Class A): mandatory life imprisonment, with the judge deciding whether release to extended supervision is ever possible and, if so, when.
- Second-degree intentional homicide or first-degree reckless homicide, both Class B felonies: no more than 60 years.
- First-degree sexual assault (Class B): up to 60 years; certain crimes against children carry mandatory minimums.
- Armed robbery (Class C): up to 40 years and $100,000. Ordinary robbery, committed without a weapon or a threat of one, is graded as a Class E felony.
The death penalty was abolished in Wisconsin in 1853. Marsy's Law, a 2020 amendment to the state constitution, gives victims rights to notice, to be present and to be heard; the DA's victim/witness office in Elkhorn, (262) 741-7194, works with victims and families.
How long it takes
Expect roughly one to two years from charge to trial or plea, because of forensic analysis, expert witnesses and contested motions. The State Public Defender assigns attorneys certified for serious felonies to eligible defendants, and the court may appoint a lawyer when someone just over the SPD's limits still cannot pay. Appeals go first to the Wisconsin Court of Appeals.
Juveniles (under 17) arrested in Walworth County
Wisconsin treats 17-year-olds as adults for criminal charges. Offenses by children aged 10 to 16 go to the Walworth County Circuit Court sitting as the juvenile court at the Judicial Center in Elkhorn.
Intake and charging
A police referral goes first to juvenile intake at the Walworth County Department of Health and Human Services, W4051 County Road NN, Elkhorn, (262) 741-3200. The intake worker can close the case, enter into a deferred prosecution agreement, or refer it to the District Attorney, who decides whether to file a delinquency petition. Juveniles are not freed by posting bail; release depends on whether a parent can take the child home safely, perhaps under rules.
Secure detention
Walworth County does not operate its own secure juvenile detention center, and youth are never held in the adult Walworth County Jail housing. A child who must be held securely is typically taken to a regional center that accepts Walworth County placements, such as the Jonathan Delagrave Youth Development and Care Center, Racine County's juvenile detention facility at 1717 Taylor Avenue in Racine, or the Rock County Juvenile Detention Center at 210 E. U.S. Highway 14 in Janesville. A held child should receive a custody hearing within 24 hours of the intake decision, not counting weekends and legal holidays.
Range of outcomes
- Case closed at intake, a deferred prosecution agreement, or a consent decree.
- Adjudication followed by in-home supervision, restitution, community service, treatment, school requirements or electronic monitoring.
- Placement in a foster home, group home or residential care center, or a Type 2 placement.
- Type 1 placement at Lincoln Hills School or Copper Lake School, the state's secured juvenile facilities in Irma, or the Serious Juvenile Offender program.
Adult court for juveniles
Juveniles 14 and older, and in rare serious cases younger children, can be waived into adult court on the prosecutor's petition. In general, adult court also has original jurisdiction over children 10 and older charged with attempted or completed first-degree intentional homicide, first-degree reckless homicide or felony murder, and over juveniles previously found delinquent who are charged with certain additional offenses. Records of juvenile cases are generally confidential. Children are entitled to a lawyer, usually from the State Public Defender's Elkhorn office.
Federal cases (U.S. District Court) from Walworth County
Federal crimes committed in Walworth County are prosecuted in the U.S. District Court for the Eastern District of Wisconsin, at its Milwaukee courthouse. The county is one of a dozen in the court's Milwaukee Division, even though its western neighbor, Rock County, belongs to the Western District in Madison.
- Federal trial court: 517 East Wisconsin Avenue in Milwaukee (ZIP 53202); call the clerk at (414) 297-3372
- Federal prosecutors (U.S. Attorney's Office): (414) 297-1700, with offices in Suite 530 of the courthouse building
- Federal Defender Services of Wisconsin: (414) 221-9900, Suite 2310, 411 East Wisconsin Avenue; Criminal Justice Act panel attorneys are appointed for defendants it cannot represent
- Probation and Pretrial Services, Milwaukee: (414) 297-1425, Room 001 of the federal courthouse
Typical federal cases from Walworth County
The county's location on the Illinois line means some drug and gun investigations cross state borders, which can bring in federal agencies. Typical federal charges include drug trafficking conspiracies, possession of firearms by felons and other prohibited persons, bank robbery, child pornography and online enticement, and fraud. Walworth County has no tribal reservation, and because Wisconsin is a Public Law 280 state, crimes on most tribal lands statewide are prosecuted in state court; the Menominee Reservation is the notable exception. Offenses at federal facilities in the county may also be charged federally.
The federal process
A federal defendant's first hearing is before a magistrate judge, who explains the charges and appoints counsel for those who cannot pay. Federal court does not rely on cash bail the way the Elkhorn courts do. Under the Bail Reform Act the magistrate judge 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. When a case begins with a complaint, an indictment from a grand jury is normally required within 30 days, and the Speedy Trial Act's 70-day limit for trial is often extended. A federal jury in Milwaukee has 12 members whose verdict must be unanimous, but guilty pleas resolve most cases.
A presentence report from the probation office guides sentencing under the advisory Sentencing Guidelines, subject to any mandatory minimum. There is no parole in the federal system, so a prisoner typically serves about 85 percent of the term in the Bureau of Prisons before beginning supervised release. Appeals are taken to the Seventh Circuit Court of Appeals in Chicago. Federal cases involving juveniles are rare.
Locating a federal prisoner
Families can look for a federal prisoner from Walworth County by typing a name or register number into the Federal Bureau of Prisons inmate locator. People awaiting federal trial in county jails under U.S. Marshals contracts may also be listed on those jails' inmate rosters.
This guide summarizes how criminal cases generally proceed in Walworth County, Wisconsin; it is not legal advice, and court locations, phone numbers and procedures may change. Speak with a Wisconsin criminal defense lawyer about any specific charge. For appointed counsel, call the State Public Defender's Elkhorn office at (262) 273-4710; to find out whether someone is being held, call the Walworth County Sheriff's Office at (262) 741-4400.
Criminal Court Process for Walworth County Wisconsin
Walworth 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 Walworth 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, Walworth 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 Walworth 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 Walworth 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, Walworth County or a city or town. The prosecuting attorney for Walworth 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 Walworth 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 Walworth 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 Walworth 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 Walworth 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 Walworth 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.
