Walworth County Criminal Court hears all criminal cases in Walworth County. Below you will find specific information about criminal cases and how they are handled in Walworth County.
Arraignments in Walworth County
During an arraignment in Walworth County, a defendant appears before the court and the judge reads the charges that have been filed against the accused and also informs the defendant of his/her rights. During the arraignment in Walworth County, the defendant can choose to plead one of the following 1) Guilty 2) Not Guilty or 3) No Contest. If the defendant enters a plea of Not Guilty, a date for trial is set. In the event of a Guilty or No Contest Plea in Walworth County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Appealing a Criminal Conviciton
A defendant may appeal a criminal conviction to an appellate court. In an appeal, the actual trial is not redone, but the appellate court hears arguments that the criminal case was not handled in a legal manner at the original criminal court. The appellate court can either uphold the conviction, or determine that errors were made and may request a retrial, a resentencing of the defendant or that the charges be dismissed.
Who can help me in Walworth County?
For general information about your case the Walworth County court clerk will be able to provide legal information about your specific criminal case. Legal information is not legal advice though, the court clerk will only be able to provide information about your case, like date/time of hearings what will occur at the hearing and what you may be required to do in the hearing. They cannot provide advice about what you should do or what the best legal options may be for your particular case. Only an attorney can provide legal advice and this is your best place for information about your specific criminal proceeding. If you cannot afford to hire a private attorney to represent you, a judge will appoint an attorney to represent you, this is most often a public defender.
The Right to Trial by Jury
The Sixth Amendment of the United States Constitution guarantees the right to a trial by a jury. This is applicable for when the crime can carry a sentence of 6 months in jail OR a $500 fine, these are known as “Serious Crimes”. The defendant can also waive their right to a speedy and public trial.
Jury Deliberations in Walworth County
In Walworth County, jury deliberations will take place in a jury trial after the prosecution and defense have presented their cases and rested. At this point, the judge will provide a list of instructions to the jury about what they are allowed and not allowed to do and what verdict options are available for them to decide. The jury will be sent to a private room to discuss the evidence presented in the case and attempt to reach a unaminous decision. When a unaminous decision is reached, the jury will inform the judge that they have reached a verdict and will return to the courtroom for the verdict to be read allowed. In the event that the jury cannot reach a unanimous verdict, the jury results in a deadlock and a mistrial is declared.
Walworth County Criminal Court hearings
Criminal hearings in Walworth County will take place at the Walworth County Criminal Courts. Please see here for a list of the Walworth County Criminal Court Locations.
What is a Plea Agreement?
A plea agreement is a deal made between the prosecution and the defendant in a case, where the defendant agrees to plea guilty to a particular charge in exchange for some concession from the prosecutor. In practice, more than 90% of criminal cases end with a plea agreement.
At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate sentence.
Walworth County Prosecutor
For criminal cases in Walworth County, the prosecutor will be a representative of Walworth County. The Walworth County prosecutor reviews all evidence and ultimately decides whether to file or dismiss charges in the case. Most of the time, the prosecutor has leeway in plea negotiations and determines how the case will be prosecuted.
Required Court Appearances in Walworth County
Any required court appearances in Walworth County Criminal Court must be attended by the defendant. Failure to appear in court at your required date and time may result in the judge issuing an arrest warrant.
Right to an attorney
The US Constitution’s Sixth Amendment ensures the right to an attorney regardless of whether or not you can afford one. In Walworth County a public defender will be appointed by the judge if you cannot afford private representation.
What is the Burden of Proof?
The term “Burden of Proof” means that the prosecutor is required to prove the guilt of the defendant beyond a reasonable doubt. If the prosecutor cannot provide proof of the defendants guilt, then the judge or jury in a trial must find the defendant not guilty. In the United States the principle innocent until proven guilty derives from this that the defendant is assumed innocent and the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.
Walworth County Criminal Court Locations
Walworth County Circuit Court
Address: 1800 County Trunk NN, PO Box 1001, Elkhorn WI 53121
Phone: 262-741-7012 Fax: 262-741-7050
City of Delavan Municipal Court
Address: 123 South 2nd Street, PO Box 465, Delavan WI 53115
Phone: 262-728-5759 Fax: 262-728-4566
City of Elkhorn Municipal Court
Address: 100 West Walworth Street, PO Box 920, Elkhorn WI 53121
Phone: 262-723-2340 Fax: 262-723-2344
City of Lake Geneva Municipal Court
Address: 626 Geneva Street, Lake Geneva WI 53147
Phone: 262-248-4651 Fax: 262-248-4278
City of Whitewater Municipal Court
Address: 312 West Whitewater Street, PO Box 690, Whitewater WI 53190
Phone: 262-473-1384 Fax: 262-473-0587
Town of Bloomfield Municipal Court
Address: N1100 Town Hall Road, PO Box 47, Pell Lake WI 53157
Phone: 262-279-3556 Fax: 262-279-3625
Town of Delavan Municipal Court
Address: 5621 Town Hall Road, Delavan WI 53115
Phone: 262-728-5563 Fax: 262-728-4743
Town of East Troy Municipal Court
Address: N9330 Stewart School Road, PO Box 664, East Troy WI 53120
Phone: 262-642-5386 Fax: 262-642-9701
Town of Geneva Municipal Court
Address: N3496 Como Road, Lake Geneva WI 53147
Phone: 262-248-3885 Fax: 262-249-8601
Town of Linn Municipal Court
Address: W3728 Franklin Walsh Street, PO Box 130, Linn WI 53195
Phone: 262-275-6300 Fax: 262-275-8261
Village of Darien Municipal Court
Address: 47 Park Street, Darien WI 53114
Village of East Troy Municipal Court
Address: 2015 Energy Drive, PO Box 654, East Troy WI 53120
Phone: 262-642-6252 Fax: 262-642-6252
Village of Fontana Municipal Court
Address: 175 Valley View Drive, PO Box 114, Fontana WI 53125
Phone: 262-275-5633 Fax: 262-275-5368
Village of Genoa City Municipal Court
Address: 715 Walworth Street, PO Box 428, Genoa City WI 53128
Phone: 262-279-5455 Fax: 262-279-5455
Village of Sharon Municipal Court
Address: 125 Plain Street, PO Box 379, Sharon WI 53585
Phone: 262-736-4888 Fax: 262-736-4889
Village of Walworth Municipal Court
Address: PO Box 400, Walworth WI 53184
Phone: 262-275-6585 Fax: 262-275-9801
Village of Williams Bay Municipal Court
Address: 250 Williams Street, PO Box 580, Williams Bay WI 53191