Milwaukee County Criminal Court hears all criminal cases in Milwaukee County. Below you will find specific information about criminal cases and how they are handled in Milwaukee County.
A Plea Agreement, sometimes known as a Plea Bargain is an agreement between the prosecution and the defendant, where the defendant pleads guilty or no contest often in exchange for a lesser charge or lighter recommended sentence. A large majority of criminal cases end in a plea agreement. In Milwaukee County you can inform your attorney to negotiate with the prosecution to attempt to come to a plea agreement, but this is dependent upon the charge severity and also the prosecutors willingness to accept a plea deal.
What is Jury Deliberation?
After both the prosecution and defense have presented their cases, the judge in the case will provide instructions to the jury about what they must decide. The jury will be dismissed to the jury room where they will deliberate about the guilt or innocence of the defendant. After reaching a unaminous decision, they return their decision to the court where it is read aloud in the courtroom. If the jury is unable to reach a unaminous decision, the jury is deadlocked, also known as a hung jury, in which a mistrial will be declared.
Milwaukee County Required Court Appearances
In Milwaukee County, there are both required and non-required court appearances for the defendant. At a required or mandatory appearance hearing, the defendant is required to appear in person before the court. Failing to appear at your required hearing may result in a bench warrant being issued for your arrest by the judge.
Burden of Proof
The burden of proof is always on the prosecution in a criminal trial. In other words, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. The defense must only prove that there is a reasonable possibility that the defendant did NOT commit the crime. If the prosecution cannot prove that the defendant committed the crime beyond a reasonable doubt, the jury will be instructed to find the defendant not-guilty.
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.
Milwaukee County Criminal Court hearings
Criminal hearings in Milwaukee County will take place at the Milwaukee County Criminal Courts. Please see here for a list of the Milwaukee County Criminal Court Locations.
Who can help me in Milwaukee County?
For general information about your case the Milwaukee 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 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.
Appealing a guilty verdict
A defendant may appeal a guilty verdict to an appellate court. This is not a request to have another trial, but a request for an appellate court to review the case and determine that it was handled in a correct legal manner. There are a number of outcomes in an appeal including an upholding of the conviction, a finding that errors were made resulting in a retrial or resentencing or possibly a complete disimissal of all charges.
Milwaukee County Arraignments
An arraignment is a court hearing. In Milwaukee County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Milwaukee County Criminal Court and the judge will read the charges that were filed against the defendant. The judge will also read the rights the defendant has and ask the defendant if they understand both the charges filed against them and their rights as a defendant in the case. In Milwaukee County a plea of Guilty, Not Guilty or No Contest may be entered. In a guilty or no contest plea the sentencing of the defendant may take place at the same arraignment hearing or a later date may be scheduled for sentencing. For a not guilty plea, a date will be set for a trial.
Milwaukee County Prosecutor
For criminal cases in Milwaukee County, the prosecutor will be a representative of Milwaukee County. The Milwaukee 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.
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.
Milwaukee County Criminal Court Locations
Milwaukee County Circuit Court
Address: 901 North 9th Street, Room 104, Milwaukee WI 53233
Phone: 414-278-5362 Fax: 414-223-1260
Milwaukee County Circuit Court – Children’s Court
Address: 10201 Watertown Plank Road, Room 1530, Wauwatosa WI 53226
Phone: 414-257-7700 Fax: 414-454-4074
City of Cudahy Municipal Court
Address: 5050 South Lake Drive, Cudahy WI 53110
Phone: 414-769-2218 Fax: 414-769-2259
City of Franklin Municipal Court
Address: 9455 West Loomis Road, Franklin WI 53132
Phone: 414-425-4768 Fax: 414-425-0391
City of Glendale Municipal Court
Address: 5909 North Milwaukee River Parkway, Glendale WI 53209
Phone: 414-228-1752 Fax: 414-228-1707
City of Greenfield Municipal Court
Address: 5300 West Layton Avenue, Greenfield WI 53220
Phone: 414-761-5366 Fax: 414-761-5360
City of Milwaukee Municipal Court
Address: 951 North James Lovell Street, Milwaukee WI 53233
City of Oak Creek Municipal Court
Address: 301 West Ryan Road, Oak Creek WI 53154
Phone: 414-766-7621 Fax: 414-766-6691
City of South Milwaukee Municipal Court
Address: 2424 15th Avenue, South Milwaukee WI 53172
Phone: 414-768-8060 Fax: 414-768-8067
City of St. Francis Municipal Court
Address: 4235 South Nicholson Avenue, St. Francis WI 53235
Phone: 414-481-2300 Ext. 135 Fax: 414-481-7910
City of Wauwatosa Municipal Court
Address: 7725 West North Avenue, Wauwatosa WI 53213
Phone: 414-471-8488 Fax: 414-479-8999
City of West Allis Municipal Court
Address: 11301 West Lincoln Avenue, West Allis WI 53227
Phone: 414-302-8181 Fax: 414-302-8196
Village of Bayside Municipal Court
Address: 9075 North Regent Road, Bayside WI 53217
Phone: 414-351-8805 Fax: 414-351-8810
Village of Brown Deer Municipal Court
Address: 4800 West Green Brook Drive, Brown Deer WI 53223
Phone: 414-371-3003 Fax: 414-371-3045
Village of Fox Point Municipal Court
Address: 7300 North Santa Monica Blvd, Fox Point WI 53217
Phone: 414-247-6637 Fax: 414-351-8907
Village of Greendale Municipal Court
Address: 5911 West Grange Avenue, Greendale WI 53129
Phone: 414-423-2127 Fax: 414-423-2119
Village of Hales Corners Municipal Court
Address: 5635 South New Berlin Road, Hales Corners WI 53130
Phone: 414-529-6145 Fax: 414-529-6142
Village of River Hills Municipal Court
Address: 7650 North Pheasant Lane, River Hills WI 53217
Phone: 414-351-8805 Fax: 414-352-8355
Village of Shorewood Municipal Court
Address: 3936 North Murray Avenue, Shorewood WI 53211
Phone: 414-847-2617 Fax: 414-847-2622
Village of West Milwaukee Municipal Court
Address: 4755 West Beloit Road, West Milwaukee WI 53214
Phone: 414-645-5411 Fax: 414-645-8162
Village of Whitefish Bay Municipal Court
Address: 5300 North Marlborough Drive, Whitefish Bay WI 53217
Phone: 414-967-5125 Fax: 414-962-3497