How Wisconsin handles a case
What happens after an arrest anywhere in Wisconsin: who decides release first, how fast a person sees a judge, which courts hear the case, and who runs the offices around them. Every county in the state works under these rules.
From arrest to court
- Who decides release first
For most misdemeanors, a police officer or the jail can take cash bail under the statewide misdemeanor bail schedule. For felonies, a circuit court commissioner or circuit judge sets bail at the initial appearance. Wisconsin bars paid bail bondsmen, so sureties must be unpaid people.
Wis. Stat. 969.07Wis. Stat. 969.065Wis. Stat. 969.12Wis. Stat. 757.69(1)(b)Wis. Stat. 968.075(2m), (5)- Time to see a judge
A person who is arrested must be taken before a judge within a reasonable time in the county where the offense is charged. Wisconsin law sets no number of hours.
Wis. Stat. 970.01(1)- Money bail
Wisconsin courts may set cash bail. A surety must be a state resident and an unpaid natural person, so commercial bail bonds are not allowed.
Wis. Stat. 969.12- Pretrial risk assessment
Pretrial programs run county by county. Seven counties joined a state pilot that uses the Public Safety Assessment, and Milwaukee County screens people booked into its jail with it too.
Wisconsin Court System, Pretrial Program- Courts
The circuit court in each county hears every felony and misdemeanor. Many cities, towns, and villages have a municipal court, but it hears only local ordinance violations punished by fines, not crimes.
Wis. Const. art. VII, secs. 6-7Wis. Stat. 755.045- Judges and magistrates
Voters elect circuit judges to six-year terms on a ballot with no party label. The chief judge of each judicial district appoints circuit court commissioners, who can hold initial appearances and set bail and must have been licensed lawyers for three years. Municipal judges are elected to terms of up to four years.
Wis. Const. art. VII, sec. 7Wis. Stat. 5.60(1)Wis. Stat. 757.68Wis. Stat. 757.69SCR ch. 75Wis. Stat. 755.01-.02- Prosecutors
Each county elects a district attorney to a four-year term, except that Shawano and Menominee counties share one. Wisconsin has 71 district attorneys.
Wis. Stat. 978.01- Public defense
The Wisconsin State Public Defender represents people who can't afford a lawyer in every county. It uses its own staff lawyers and assigns other cases to private lawyers from lists it keeps.
Wis. Stat. 977.08Wis. Stat. 977.05- Jails
The county sheriff runs the county jail.
Wis. Stat. 59.27(1)
Read from the statutes and court rules cited, 2026-09-30. Municipal courts are left out of limited_courts because they hear only ordinance forfeiture cases. wispd.org returned errors, so the defense section rests on statute. Whether municipal judges must be lawyers was not checked; it doesn't affect criminal cases.