Waukesha County Criminal Court hears all criminal cases in Waukesha County. Below you will find specific information about criminal cases and how they are handled in Waukesha County.
Right to Jury Trial
For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.
Jury Deliberations in Waukesha County
In Waukesha 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.
Waukesha County Criminal Court locations
Criminal proceedings take place in the Waukesha County Criminal Courts. A list of the criminal courts are located here.
If guilty, who sentences the defendant?
If the defendant is found guilty after the trial, the defendent will be sentenced. In some cases, this can occur at the same hearing the defendant is found guilty in court, in other cases a separate hearing will be required. Often the prosecution will request a particular sentence for the defendant and the judge will determine whether to enforce this sentence or impose a different sentence for the defendant.
Who can help me in Waukesha County?
For general information about your case the Waukesha 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.
Can I appeal a guilty verdict?
If found guilty, a defendant may decide to appeal his case to an appelate court. The appellate court will not retry the case, they will examine the proceedings in the lower court to make sure they were done in a legal manner. The appellate court can either uphold the original conviction, or determine that due to errors made in the original trial, that there must be a retrial, resentencing or a complete dismissal of the charges.
Prosecutor in Waukesha County
In Waukesha County, the prosecutor is an attorney representing Waukesha County. In some cases, the prosecutor may actually represent Wisconsin. For the most part, the prosecutor in Waukesha County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
What happens in Waukesha County at an arraignment?
In Waukesha County the defendant is brought into court and informed by the judge of the charges that have been filed against them along with informing them of their rights. At this time, the defendant can plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, there will be no trial and the defendant may be sentenced immediately or at a later date. If the defendant pleads not guilty a trial date is set.
Required Court Appearances in Waukesha County
Any required court appearances in Waukesha 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.
The Right to Counsel
The Fifth and Sixth Amendments to the U.s. Constitution give defendants in criminal cases the right to counsel/attorney. If you cannot afford an attorney one will be appointed to represent you. Like other rights a defendant has, this one can be waived as well and alternatively you can choose to represent yourself.
Can I request a Plea Agreement?
In Waukesha County you may be able to enter into a plea agreement depending upon the severity of the charges. It is also dependant upon the prosecution willing to accept a plea agreement. You can ask your attorney to attempt to negotiate a plea agreement with the prosecution to avoid having a jury trial along with the potential for a more serious sentence. Approximately 9 out of 10 criminal cases usually end in a plea agreement.
Burden of Proof Requirement
In a criminal case in the United States, the burden of proof always requires the prosecutor to prove beyond a reasonable doubt that the defendant is guilty. This is a high threshold that must be met by the prosecution when presenting evidence in a case. If the prosecution fails in it’s burden to prove guilt beyond a reasonable doubt the judge must find the defendant not guilty. In a jury trial, the judge will inform the jury what this burden is and their obligation to find the defendant not guilty if they feel the prosecution did prove the defendant’s guilt beyond a reasonable doubt.
Waukesha County Criminal Court Locations
Waukesha County Circuit Court
Address: 515 West Moreland Boulevard, Waukesha, WI 53188
Phone: 262-896-8525 Fax: 262-896-8228
Waukesha County Circuit Court – Juvenile
Address: 521 Riverview Avenue, Room JC-103, PO Box 1627, Waukesha WI 53188
City of Brookfield Municipal Court
Address: 2100 North Calhoun Road, Brookfield WI 53005
Phone: 262-796-6660 Fax: 262-782-4558
City of Delafield Municipal Court
Address: 500 Genesee Street, Delafield WI 53018
Phone: 262-646-6245 Fax: 262-372-4039
City of Muskego Municipal Court
Address: W183 S8200 Racine Avenue, PO Box 749, Muskego WI 53150
Phone: 262-679-4114 Fax: 262-679-4113
City of New Berlin Municipal Court
Address: 16300 West National Avenue, New Berlin WI 53151
Phone: 262-780-8154 Fax: 262-780-8135
City of Pewaukee Municipal Court
Address: W240 N3065 Pewaukee Road, Pewaukee WI 53072
Phone: 262-691-9083 Fax: 262-691-6074
City of Waukesha Municipal Court
Address: 201 Delafield Street, Waukesha WI 53188
Phone: 262-524-3705 Fax: 262-650-2570
Lake Country Municipal Court
Address: 174 East Wisconsin Avenue, Oconomowoc WI 53066
Phone: 262-569-0920 Fax: 262-569-0771
Town of Brookfield Municipal Court
Address: 645 North Janacek Road, Brookfield WI 53045
Phone: 262-796-3780 Fax: 262-796-0339
Village of Big Bend Municipal Court
Address: W230 S9185 Nevins Street, Big Bend WI 53103
Phone: 262-662-4218 Fax: 262-662-0974
Village of Butler Municipal Court
Address: 12621 West Hampton Avenue, Butler WI 53007
Phone: 262-783-2525 Fax: 262-783-2539
Village of Elm Grove Municipal Court
Address: 13600 Juneau Blvd, Elm Grove WI 53122
Phone: 262-780-6676 Fax: 262-782-8550
Village of Lannon Municipal Court
Address: 20399 West Main Street, Lannon WI 53046
Phone: 262-293-9233 Fax: 262-293-9235
Village of Menomonee Falls Municipal Court
Address: W156 N8480 Pilgrim Road, Menomonee Falls WI 53051
Phone: 262-532-4370 Fax: 262-532-4379
Village of Mukwonago Municipal Court
Address: 627 South Rochester Street, Mukwonago WI 53149
Phone: 262-363-6433 Fax: 262-363-6438
Village of North Prairie Joint Municipal Court
Address: 130 North Harrison Street, PO Box 98, North Prairie WI 53153
Phone: 262-392-2265 Fax: 262-392-2936
Village of Pewaukee Municipal Court
Address: 235 Hickory Street, Pewaukee WI 53072
Phone: 262-691-5678 Fax: 262-691-5675