Which court hears your case. A citation for an ordinance violation, which includes a first-offense OWI (a civil forfeiture rather than a crime in Wisconsin, unless a passenger under 16 was in the vehicle), is heard by the Mid-Moraine Municipal Court when it comes from West Bend, Hartford, Germantown, Jackson, Kewaskum, Slinger, Newburg or the Towns of Hartford and Trenton. Citations from the Village of Richfield, from the Towns of Addison, Barton, Farmington, Germantown, Jackson, Kewaskum, Wayne and West Bend, and from the Sheriff's Office, the State Patrol and the DNR are filed with the circuit court instead. Misdemeanors and criminal traffic offenses go to the Washington County Circuit Court, where the Clerk's Criminal and Traffic Division manages the files. Felonies remain in the circuit court for the initial appearance, the preliminary hearing and any trial.

Where pretrial inmates are held. The Sheriff operates the Washington County Jail at 500 Rolfs Avenue, just north of the courthouse, and that is where adults arrested in the county are booked and held until they are released or their cases end. Photo ID is needed to post a cash bond at the jail. The Clerk of Courts office in the Justice Center accepts circuit court bonds during business hours, and the jail lobby takes cash or credit card payments after hours; personal checks are refused. The jail's main line is (262) 335-4427.

• Washington County Circuit Court, Washington County Justice Center, 484 Rolfs Avenue, West Bend, WI 53090; Clerk of Circuit Court, Criminal and Traffic Division (third floor, Suite 3151), (262) 365-5134
• Washington County District Attorney, Justice Center, 484 Rolfs Avenue, West Bend, WI 53090; victim/witness program (262) 335-4475
• Washington County Sheriff's Office, 500 Rolfs Avenue, West Bend, WI 53090, administration (262) 335-4378; non-emergency dispatch (262) 335-4411
• Washington County Jail, 500 Rolfs Avenue, West Bend, WI 53090, (262) 335-4427
• Washington County Juvenile Detention Center (listed by the Sheriff as "Washington County Secure Detention"), 500 Rolfs Avenue, West Bend, WI 53090, (262) 306-2247
• Wisconsin State Public Defender, West Bend office (serves Washington County), 215 N. Main Street, Suite 210, West Bend, WI 53095, (262) 335-5370
• Washington County Health and Human Services (juvenile intake), Public Agency Center, 333 E. Washington Street, Suite 3100, West Bend, WI 53095, (262) 335-4600

Washington County has a single circuit court in West Bend and relies on one joint municipal court, Mid-Moraine, for most local ordinance cases. Mid-Moraine is based in West Bend but holds hearings in its member communities, so the session address printed on a citation may differ from the office address.

Circuit court

• Washington County Circuit Court, Justice Center, 484 Rolfs Avenue, West Bend, WI 53090. Criminal and Traffic Division of the Clerk of Courts, third floor, Suite 3151, (262) 365-5134, open 8:00 a.m. to 4:30 p.m. on weekdays; payment extension requests, (262) 335-4341.

Municipal courts

• Mid-Moraine Municipal Court (joint court), downtown West Bend at 321 N. Main Street, Suite 201 (53095); (262) 334-5700, open Monday through Thursday only. Washington County members are the Cities of West Bend and Hartford, the Villages of Germantown, Jackson, Kewaskum, Newburg and Slinger, and the Towns of Hartford and Trenton. Session locations: West Bend City Hall, 1115 S. Main Street (West Bend, Newburg and Trenton cases); Hartford City Hall, 109 N. Main Street, Room L01 (City and Town of Hartford); Germantown Village Hall, N112 W17001 Mequon Road; Jackson Municipal Complex, N168 W19851 Main Street; Kewaskum Municipal Building, 204 First Street; and Slinger Village Hall, 800 Enterprise Road. The court also serves eight Ozaukee County communities and Sheboygan Falls.
• Lake Country Municipal Court (joint court based in Waukesha County), 630 E. Wisconsin Avenue, Suite 100, Oconomowoc, WI 53066, (262) 569-0920. The statewide municipal court directory lists the Town of Erin as a member.

Communities not served by a municipal court send their tickets to the circuit court, so check the court address printed on the citation. Municipal courts are limited to ordinance violations punished by forfeitures; they cannot sentence anyone to jail except as a sanction for not paying. Depending on the type of case, a defendant may in some circumstances be able to have a municipal case moved to the circuit court, so raise that question quickly with the clerk or a lawyer. Municipal bond payments can be made at the Mid-Moraine office during its business hours or at the jail lobby. When a case involves a crime, it is booked into the Washington County Jail and heard in the circuit court.

Prosecutor, defense, juvenile intake and law enforcement

• Washington County District Attorney, 484 Rolfs Avenue, West Bend, WI 53090; victim/witness program (262) 335-4475
• State Public Defender, West Bend office, 215 N. Main Street, Suite 210, West Bend, WI 53095, (262) 335-5370
• Washington County Health and Human Services, 333 E. Washington Street, Suite 3100, West Bend, WI 53095, (262) 335-4600; 24-hour crisis line (262) 365-6565
• Washington County Sheriff's Office, 500 Rolfs Avenue, West Bend, WI 53090, (262) 335-4378; it patrols the towns and the Village of Richfield and serves some towns, such as the Town of West Bend, by contract
• City and village police: West Bend Police Department, Hartford Police Department, Germantown Police Department, Jackson Police Department, Slinger Police Department and Kewaskum Police Department

Misdemeanor arrests in Washington County frequently stem from repeat OWI stops on U.S. 41 and State Highway 60, shoplifting at retail centers in Germantown and West Bend, fights, and family disturbances.

The first day or two

After booking at the Washington County Jail, many people charged with a misdemeanor are released on a signature bond (a promise to return, sometimes with an amount that becomes due only after a missed court date) or are simply given a court date. Others wait for an initial appearance, generally within 48 hours, where a court commissioner or judge reviews the complaint and sets release terms. When the court sets cash bail, the defendant or a relative pays the full amount directly, since Wisconsin has no commercial bail bond industry. Typical conditions include absolute sobriety, no contact with a named person, and no new offenses. A domestic abuse arrest normally triggers a 72-hour period in which the person may not return to the alleged victim's residence or contact that person.

Lawyers and court dates

The District Attorney decides what to charge and makes any plea offer. Defendants who believe they cannot afford counsel should apply through the State Public Defender's West Bend office, (262) 335-5370; applications are also taken at the jail. Because the SPD's income and asset test is strict, someone who is turned down but still cannot pay may ask the judge to appoint a lawyer at county expense. Misdemeanor jury trials use six jurors.

What the law allows for Washington County misdemeanors

• Battery, theft of $2,500 or less, and criminal trespass to a dwelling are Class A misdemeanors, punishable by up to nine months in the county jail, a fine as high as $10,000, or both.
• Disorderly conduct, which is often filed with a domestic abuse modifier, is a Class B misdemeanor, with a ceiling of 90 days in jail and a $1,000 fine.
• The lowest level, the Class C misdemeanor, allows no more than 30 days and $500.
• An OWI second offense committed within 10 years of the first is a crime with a mandatory minimum of 5 days in jail and a maximum of 6 months, along with fines, a revocation, an ignition interlock, and an alcohol and drug assessment. By contrast, a first OWI carries a forfeiture of $150 to $300 plus costs, a 6- to 9-month revocation, the assessment, and an interlock if the alcohol concentration was 0.15 or more or the driver refused testing.

Cases may end in dismissal, a deferred prosecution agreement, a fine, probation, or a county jail sentence, which judges commonly allow to be served with Huber privileges for work, school or treatment. Washington County misdemeanors usually reach a resolution within two to six months of the charge.

Felony files in Washington County include burglaries, retail and identity theft rings, fourth and later OWI offenses, and drug cases, many of them developed by the Sheriff's multi-jurisdictional drug unit.

How a felony moves through the Washington County Circuit Court

1. Complaint and initial appearance. The District Attorney files a criminal complaint. At the initial appearance, usually within 48 hours of an arrest without a warrant, the court commissioner or judge reads the charges, considers bail, and sets conditions. A defendant who cannot post cash bail stays at the Washington County Jail.
2. Preliminary hearing. The prosecution must show probable cause. The deadline is 10 days after the initial appearance for a defendant held on bail he or she cannot meet, and 20 days for others. Waiving the hearing is common.
3. Information and arraignment. Once the case is bound over, the DA files an information, the formal charging document, and the defendant pleads at arraignment.
4. Motions and negotiation. The defense reviews discovery and may challenge searches or statements. A defendant can demand a speedy trial, which generally means trial within 90 days for a felony, with exceptions.
5. Resolution. Most cases settle with a plea. At a felony trial in West Bend, all 12 jurors must agree on the verdict.

Sentencing exposure

• Burglary is a Class F felony (up to 12.5 years in prison and a $25,000 fine).
• Theft of more than $2,500 is a Class I felony through $5,000, Class H through $10,000, and Class G beyond that, with maximums of 3.5, 6 and 10 years.
• Substantial battery is Class I; aggravated battery is Class H or Class E, depending on intent and injury.
• For possession with intent to deliver, the class is set by the type and weight of the drug.
• Felony classes in Wisconsin: A, life; B, 60 years; C, 40 years and $100,000; D, 25 years and $100,000; E, 15 years and $50,000; F, 12.5 years; G, 10 years; H, 6 years and $10,000; I, 3.5 years and $10,000.

Prison sentences imposed in West Bend are bifurcated into a period of initial confinement followed by extended supervision; parole does not exist for crimes committed after 1999. Eligible people may earn early release by completing the Challenge Incarceration Program or the Substance Abuse Program. Terms of under a year are served in the county jail, and longer terms with the Department of Corrections. Plan on six months to a year for a typical felony. Defendants without money for a lawyer should contact the State Public Defender in West Bend.

The most serious charges in Washington County are investigated by the Sheriff's Office or the city police, often with help from the state Division of Criminal Investigation, and prosecuted by the District Attorney in the circuit court.

Custody while the case is pending

Courts commonly set substantial cash bail for violent charges, so many defendants remain at the Washington County Jail until the case is resolved. Since a 2023 constitutional amendment, a Wisconsin judge setting conditions or cash amounts for a person accused of a violent crime may weigh the potential for serious harm to the community, along with other factors. If someone is released, conditions often include electronic monitoring and a no-contact order.

Penalties

• First-degree intentional homicide: Class A; the sentence is life in prison, and the judge either sets a date for eligibility to petition for extended supervision or rules out release.
• Second-degree intentional homicide; first-degree reckless homicide: Class B, a maximum of 60 years.
• First-degree sexual assault: Class B, a maximum of 60 years, with mandatory minimum confinement for some offenses against children.
• Armed robbery: Class C, carrying no more than 40 years for a Washington County conviction. Simple robbery: Class E, up to 15 years.

Capital punishment ended in Wisconsin in 1853. Crime victims have rights under Marsy's Law, approved by voters in 2020, among them the right to notice of proceedings and to speak at sentencing; the DA's victim/witness staff can be reached at (262) 335-4475.

Expected timeline

Homicide and sexual assault cases in Washington County commonly take one to two years, given lab work, expert reports and pretrial litigation. Defendants who cannot pay for a lawyer are represented through the State Public Defender, which assigns attorneys qualified for major felonies; if someone falls outside the SPD's guidelines but lacks the means to hire a lawyer, the court may appoint one. A conviction can be appealed to the Wisconsin Court of Appeals.

Wisconsin law sends 17-year-olds to adult criminal court. Delinquency cases for children 10 through 16 are heard by the Washington County Circuit Court sitting as the juvenile court, with hearings closed to the public in most cases.

Intake

Police send juvenile referrals to Washington County Health and Human Services, 333 E. Washington Street, West Bend, (262) 335-4600. An intake worker meets with the child and parents and decides whether to close the case, enter a deferred prosecution agreement, or ask the District Attorney to file a delinquency petition. A child is not released on bail the way an adult is; intake decides whether the child goes home, perhaps with conditions, or is held.

Secure detention in West Bend

Washington County is one of the few Wisconsin counties with its own secure juvenile detention center. The Washington County Juvenile Detention Center unit, 500 Rolfs Avenue, West Bend, (262) 306-2247, operates inside the jail building but separately from the adult housing units of the Washington County Jail, and it also accepts youth from other counties. Visits there are non-contact and must be scheduled in advance. When a child is held, a custody hearing generally must take place within 24 hours after the intake decision, excluding weekends and legal holidays.

What can happen

• A deferred prosecution agreement or a consent decree, either of which can end without a delinquency finding if the youth complies.
• A dispositional order with supervision at home, counseling, restitution, community service or electronic monitoring.
• Placement outside the home, including foster care, group homes, residential care centers or Type 2 placements.
• Type 1 placement in a state juvenile facility, Lincoln Hills School for boys or Copper Lake School for girls, or the Serious Juvenile Offender program for the gravest offenses.

Adult prosecution of juveniles

The prosecutor can petition to waive a child 14 or older into adult court, and for some very serious offenses the waiver age is lower. Adult court generally has original jurisdiction when a child aged 10 or older is accused of attempted or completed first-degree intentional homicide, first-degree reckless homicide or felony murder, and when a juvenile with a prior delinquency adjudication is accused of certain new crimes. Juvenile records are generally confidential. The State Public Defender's West Bend office represents children in delinquency cases.

Washington County falls within the Milwaukee Division of Wisconsin's eastern federal judicial district, so its federal cases belong to the Eastern District of Wisconsin trial court. A federal case that begins in West Bend, Hartford or Germantown is handled at the federal courthouse on East Wisconsin Avenue in Milwaukee.

• District court clerk (Milwaukee): (414) 297-3372; courthouse at 517 E. Wisconsin Avenue, ZIP 53202
• United States Attorney: (414) 297-1700; Suite 530 of the courthouse building
• Federal Defender Services of Wisconsin: (414) 221-9900; its Milwaukee lawyers work from Suite 2310, 411 E. Wisconsin Avenue, and CJA panel attorneys cover conflicts
• Pretrial Services, part of the district's probation office: (414) 297-1425

Which cases go federal

Investigations that start with the Sheriff's drug unit or a local police department may be adopted by federal prosecutors when they reveal large-scale drug distribution, illegal firearm possession by felons or other prohibited people, armed bank robbery, child sexual exploitation, or interstate fraud. There is no Indian reservation in Washington County. Elsewhere in Wisconsin, Public Law 280 places most crimes on tribal land under state jurisdiction (the Menominee Reservation is the main exception), so that issue seldom arises here.

From arrest to sentence

The first stop is an initial appearance before a federal magistrate judge, where the defendant hears the charge and a lawyer is appointed if needed. Federal court does not use the cash bail familiar from the county system. Release or detention is decided under the Bail Reform Act; a released defendant is supervised by Pretrial Services, and a detention hearing, if the government requests one, generally takes place within three court days. A grand jury indictment must usually follow a complaint within 30 days, and the Speedy Trial Act calls for trial within 70 days, a deadline the court frequently extends. Federal trial juries have 12 members who must agree unanimously, though pleas resolve most cases.

A federal probation officer investigates the defendant's background and writes a presentence report before the sentencing hearing. The judge calculates the advisory Sentencing Guidelines range and applies any mandatory minimum. Federal inmates are not paroled and serve about 85 percent of their sentence in Bureau of Prisons custody, followed by supervised release. Appeals are heard by the Seventh Circuit in Chicago. Federal charges against juveniles are uncommon.

Finding someone in federal custody

The Federal Bureau of Prisons inmate locator lets families look up a Washington County defendant who has entered federal custody, using either a name or a BOP register number. Federal pretrial detainees boarded at a county jail by the Marshals Service can also turn up on that jail's roster.