Racine County, WI
Home MenuCriminal Court is concerned with actions that are dangerous or harmful to society as a whole. Because of this, prosecution is pursued not by an individual but rather by the state represented by the District Attorney’s Office. Criminal Court, in general, handles violations of State Law, including both Felony and Misdemeanor charges. Traffic Court handles criminal traffic charges, County Ordinance violations, State Patrol citations, and Department of Nature Resource citations.
Felony charges are offenses of a more serious nature, such as murder or burglary, and are generally punishable with a fine and time in the Wisconsin State Prison System with Wisconsin Department of Corrections.
Misdemeanor charges are offenses defined as less serious than felony charges and are generally punishable with a fine and/or time in the County Jail. Criminal Traffic violations are misdemeanor offenses typically involving a motor vehicle.
Criminal & Traffic Matters
- Appeals
- Bail & Bond
- Court Appointed Attorneys
- Expunging Court Records
- Preliminary Hearing Questionnaire and Waiver Form (CR-300)
- Rescheduling Court
- Traffic Citations
- Warrants
Outside Links
The Racine County Alcohol and Drug Treatment Court is a cooperative effort by the following agencies:
- Racine County Behavioral Health Services
- Racine County Circuit Courts
- Racine County District Attorney’s Office
- Racine County Executive's Office
- Racine County Sheriff’s Office
- State Public Defender’s Office
- Wisconsin Probation and Parole
It is funded by Racine County, a TAD grant from the State of Wisconsin and community donations.
MISSION
The mission of this specialty court is to improve public safety by providing more intense supervision and services to convicted non-violent alcohol and/or drug offenders with a goal of increasing the quality of both personal and family life for Racine County residents/community.
GOALS
- To reduce recidivism and relapse to alcohol and drug use for offenders, and
- To improve the functioning of offenders with alcohol and drug use/abuse issues, and
- To improve utilization of community resources.
STRUCTURE
The Treatment Court identifies individuals in need of alcohol and drug treatment resulting from a conviction for drug possession or other alcohol/drug related offenses. Potential participants are identified and placed in the program as a condition of a court-imposed sentence resulting from a negotiated plea agreement.
Treatment Center Documents
Contact Information
Jennifer Hofmeister, Coordinator
Phone Number: (262) 638-6719
Fax Number: (262) 638-7069
If you are not satisfied with a court decision, judgment or order made by a Circuit Court Judge, you are entitled to appeal that decision to the Court of Appeals. An appeal asks the Court of Appeals to look at what the Circuit Court Judge did to determine if they made the right decision and/or followed the correct procedure.
Guide to Appellate Procedures for the Self-Represented:
Filing an Appeal FAQs:
Bond (or Bail, or Bail Bond) is an obligation signed by a defendant to temporarily allow their release from jail, to assure their appearance in court, and to follow all conditions of release. This obligation means that the defendant or another person may lose money by not properly appearing for all court appearances. Bail/Bond is ordered and refunded according to state statute and judicial order. "Bail" and "bond" are often used interchangeably.
There are several types of bonds. The most common include:
- Cash bond: Money is posted with the Jail or Court.
- Signature bond: The defendant signs his/her promise to return to court.
- Co-signature bond: The defendant and another person signs the promise to return to court.
If the defendant does not return for their court date a warrant will be issued, an additional charge for bail jumping may be added, and the bond may also be forfeited. Conditions of Bail/Bond include, but are not limited to:
- Defendant shall appear on all court dates.
- Defendant shall give written notice to the Clerk of Court within 48 hours of any change of address or telephone number.
- Defendant shall not commit any crime.
- Defendant shall neither directly, nor indirectly threaten, harass, intimidate or otherwise interfere with victims or witnesses in this action.
- Defendant shall comply with any other condition as ordered by the court.
Any person posting cash for a defendant’s release should carefully read the Offsite NOTICE TO ALL PARTIES POSTING CASH BOND.
Please be aware: Any Cash bond posted can and will be used to pay the Defendant’s Restitution, Fines, Fees, or Court Costs without further notice per Wisconsin Statutes.
Bail/Bond Refunds
Bail/Bond is ordered and refunded according to state statute and judicial order. If bond is to be returned a refund will be made:
- After the disposition of the case,
- To the person who put the Bail/Bond on deposit, and
- Within 4-6 weeks,
- All bail/bond refunds will be refunded by US Mail.
Please note that any restitution, fines, forfeitures, or costs imposed against a defendant can and will be paid out of the bond/bail posted without further notice. BOND CAN BE USED TO PAY ANY OUTSTANDING FINE OWED BY THE DEFENDANT. We strongly recommend any party posting bond to carefully read review the PDF Notice to All Parties Posting Cash Bond BEFORE posting bond/bail.
Parties Posting Cash Bond
If you have been charged with a crime, you have the right to an attorney. If you cannot afford to hire an attorney, one will be appointed to you. This process, however, is not automatic. You must make attempts to hire an attorney. If you cannot afford an attorney you should apply for representation with the State Public Defender’s Office.
If you are ineligible for representation for a Public Defender and you cannot afford to hire an attorney, you can apply for a Court Appointed Attorney to represent you. You must complete the Petition for Appointment of An Attorney, Affidavit of Indigency and Order form GF-152. The form should be filled out completely, signed, and notarized BEFORE you come to court. The form should be filed with the Criminal & Traffic Court.
Petition for Appointment of an Attorney, Declaration of Indigency and Order on Petition for Appointment of an Attorney
Petition for Appointment of Attorney, Declaration of Indigency 09-24
Expunging a court record means the court seals the entire criminal case file, both paper and electronic, and will not allow anyone to access the file unless they have a court order.
The court can expunge criminal records in only two circumstances:
- For crimes carrying a 6-year or less maximum period of imprisonment, committed by a person under age 25, where the sentence is successfully completed (Wisconsin Statute § 973.015). At sentencing, the court will order that the record be expunged when the defendant successfully completes their sentence.
- In juvenile cases when the juvenile reaches age 17 and has satisfactorily complied with the conditions of their dispositional order (Wis. Stat. § 938.355(4m)). Upon reaching age 17, the person must petition the court to expunge the record.
Other than these two situations, a judge has no authority or power to expunge other types of cases. For example, there is no authority to expunge traffic forfeitures, civil cases, or small claims cases.
Forms to request expunction of the court record for an adult conviction or a juvenile adjudication can be found at https://www.wicourts.gov/forms1/index.htm
Each Judge or Court Official sets the rescheduling policy for their particular court.
In general, if you have an attorney, you should contact your attorney in order to reschedule your court case. Otherwise, you should submit your request to reschedule in writing and address it to the court official hearing your case. You should submit your request BEFORE your court date. Requesting to reschedule your case by phone is not permitted.
If you have received a citation from the Racine County Sheriff’s Department or Wisconsin State Patrol, the court date noted on your citation is the initial appearance date for the citation.
If you wish to contest the citation, you MUST file a not guilty plea prior to the date listed on your citation. You can email this not guilty plea to trcourt@racinecounty.gov, or you can mail in a written not guilty plea to:
If you have received a citation from the Racine County Sheriff’s Department or Wisconsin State Patrol, the court date noted on your citation is the initial appearance date for the citation.
If you wish to contest the citation, you must file a not guilty plea prior to the date listed on your citation. You can email this not guilty plea to trcourt@racinecounty.gov, or you can mail in a written not guilty plea to:
Racine County Traffic Court
717 Wisconsin Ave
Racine, WI 53403
When you file a not guilty plea, you will receive a new court date to appear and negotiate your citation with the District Attorney’s Office.
If you appear in court without having first filed a not guilty plea, you will not be seen and will be required to come back to court after filing a plea.
When you appear in court to negotiate your citation with the Racine County District Attorney’s Office, you will sign a stipulation resolving the citation.
PLEASE BE ADVISED, the court session will last 1-2 hours depending on the number of people who appear. The Court schedules approximately 500 cases for initial appearance, and each case is heard individually. The cases are called on a first come, first served basis. You must check in with the Bailiff and then wait for your name to be called to meet with the District Attorney’s office.
If your violation involves an equipment violation, your vehicle registration, insurance, or the suspension/revocation of your driving privileges and you have now fixed the equipment violation, have properly insured or registered your vehicle or have obtained a valid driver’s license, you should bring the proof of repair, insurance, registration or license certificate with you to court.
IF YOU DECIDE TO PLEAD “GUILTY” OR "NO CONTEST” Your case will be closed out as cited and your fine will be due in 60 days.
IF YOU DECIDE TO PLEAD "NOT GUILTY" you must file a written not guilty plea prior to appearing in court, or you will be given a new court date and you will be required to come back to court for another hearing. If your case is not settled at the initial appearance, you will receive a scheduling notice advising you of your next court date which will be a Pretrial hearing with the District Attorney.
COURT TRIAL OR JURY TRIAL: If you enter a plea of "NOT GUILTY", a trial to the Court will be scheduled if no resolution occurs at the Pretrial hearing. If you wish to have a Jury Trial, you must pay a non-refundable jury fee of thirty-six dollars ($36.00). The jury fee MUST be received by the Clerk of Circuit Court no later than ten (10) days after your Initial Appearance hearing.
IF YOU FAIL TO APPEAR ON A CITATION: If you fail to appear on a citation, the court official will consider your nonappearance a plea of no contest, make a finding that you are guilty as charged and impose the maximum penalties. You will receive written notification of the conviction approximately ten (10) working days after the Initial Appearance. The penalty will be due within (60) sixty days. Partial payments will be accepted immediately, if the full balance cannot be paid within (60) sixty days.
Please note that speeding violations of 25 or more miles per hour over the posted Speed Limit of 55, 65 or 70 speed limit carries a required fifteen (15) day driver license suspension under Wisconsin Stats. 343.30(1n).
Payments
You may pay with cash, check, money order, or credit card (MasterCard or Visa). There will be a 3% fee charged for credit card payments. If you want a payment plan, you may request a payment plan prior to the due date specified for your payment. A nominal fee of fifteen dollars ($15) is charged for all payment plans. For any questions regarding payments, please contact our accounting department by phone at 262-636-3402 or by email at accountingstaff.racine@wicourts.gov.
A warrant is usually a court order authorizing law enforcement officers to make an arrest or conduct a search. Warrants normally issued by a court include search warrants, arrest warrants, and bench warrants. A typical arrest warrant in the United States will take the approximate form of: "This Court orders the Sheriff or Constable to find the named person, wherever he may be found, and deliver said person to the custody of the Court."
Generally, only the Judge or Court Commissioner can vacate, or cancel, a warrant. In most instances an in-person appearance by the defendant is required to cancel a warrant.
Public Records Notice
To View a File
To view an actual file, you must go to the Circuit Court Division where the case is filed and provide the case number of the file you want to view. PLEASE NOTE: Viewers may not take the file apart, open any sealed envelopes, or remove the file from the office.
Not all files may be readily available to view as the Circuit Court has microfilmed cases of a certain age. If the file is quite old, you can request the record by completing a Microfilm Request from Clerk of Circuit Court Office on the 8th Floor of the Courthouse. Please note microfilm requests are completed in the order we received them. Requests can take 7 to 10 business days to complete.
GENERAL: On-site case information and documents are available on all none confidential cases per state statute, through Public Access Terminals. Some older records may only be accessible via hard copy or on microfilm (available by request).
CONFIDENTIAL CASES: Cases, including such as adoptions, paternity actions, and juvenile records, are confidential and access to these files are limited by state statute.
Any requests for inspection/review and or/release of Juvenile Records must be reviewed and approved by the juvenile court judge. You must complete the Authorization and Order to Open Court Records for Inspection (JD-1739) and file it in the Juvenile Court if you are the child or juvenile on the case, the parent/guardian/legal custodian of the child or juvenile, or are an individual who has been given permission by one of the above. If you are not one of these people you must complete the Request to Inspect Juvenile Court Records and file it in the Juvenile Court.
For Copies
The Civil, Criminal/Traffic, Family, and Juvenile divisions must charge a statutory fee of $1.25 per page for copies of official court documents. Copies can be certified (stamped as official copies) for an additional $5.00 per charge for each document.
The Probate division must charge a statutory fee of $1.00 per page for copies of official court documents. Copies can be certified (stamped as official copies) for an additional $3.00 per charge for each document.
IN PERSON: Go to the Circuit Court Division where the case is filed. You will need to know the case number (which may be located on the Wisconsin Court Website at WCCA) or the first & last name, and the date of birth of one of the parties for certain cases. If you do not have this information and you are unable to find the individual or the record using the public access computers, you may request and pay the $5.00 search fee to receive assistance with the record search (this fee is $4.00 in Probate Court).
BY PHONE: Call the Circuit Court Division where the case is filed. You will need to know the case number, or last name, first name, date of birth of one of the parties for certain cases, and the specific document or information you need. The clerk will make arrangements with you for payment and pick up/delivery, by mail or in person. NOTE: Payment in full will be required before your request will be processed.
BY MAIL: Send a written request to the Circuit Court Division where the case is filed. You will need to know the case number or the last name and date of birth of one of the parties for certain cases, the specific document or information you need, a self-addressed stamped envelope, and a phone number where the clerk may reach you. If you do not have this information and you are unable to find the individual or the record using the public access computers, you may request and pay the $5.00 search fee to receive assistance with the record search (this fee is $4.00 in Probate Court). NOTE: Payment in full will be required before your request will be processed.
ONLINE: You may use the online request form (Online Records Request), to order documents. The Clerk's office will reach out to you when the request is reviewed for more information.
Copies of Juvenile Court Records: The Juvenile Court Judge will order which records, if any may be copied.
Obtaining Copies of a Transcript
Transcript or Transcript Copy Requests:
A transcript is a verbatim (word for word) typed record of what happened in court for a particular hearing or proceeding. If a transcript has not been made for your court matter and you would like one, you will need to contact the official court reporter for the Court Official who presided over the specific hearing and follow the court reporter's procedure for your request. Before contacting the reporter by phone, you will need certain information such as your CASE NUMBER and SPECIFIC DATE OF THE PROCEEDING. The Court Reporter will charge a statutory per page rate for the original transcript (which goes in the file) and a copy fee (you receive a certified copy of the transcript). Additional rates apply for expedited requests. You will pay the reporter directly.
If a Transcript has been created and you would like a certified copy you can obtain it in one of two ways:
- If you are at the courthouse you can request a copy at $1.25 a page from the Clerk of Circuit Court office and you will get it immediately.
- You can contact the reporter and request a copy at $.50 a page. The reporter will make arrangements with you for pick up or send it in the mail.
The Second Judicial District of Wisconsin Veterans Treatment Court is a cooperative effort by the following agencies:
- Racine County Circuit Courts
- Kenosha County Circuit Courts
- Walworth County Circuit Courts
- Racine County District Attorney’s Office
- Kenosha County District Attorney’s Office
- Walworth County District Attorney's Office
- State Public Defender’s Office
- County Veteran Service Officers (Kenosha, Racine, Walworth)
- U.S. Department of Veterans Affairs
- Kenosha Health Clinic
- Behavioral Health Services of Racine County
- Racine County Executive
- Racine County Sheriff’s Department
- Southeastern Monitoring Inc.
- WI Department of Corrections-Probation and Parole
It is funded by Kenosha County, Racine County, Walworth County, a Department of Justice Byrne Memorial Justice Assistance Grant, and community donations.
MISSION
The mission of the Veterans Treatment Court of the Second Judicial District of Wisconsin is to honor veterans by restoring them to a productive life by providing judicial support, treatment and supervision thereby enhancing public safety.
GOALS
- Improve access to Veteran services,
- Expedite movement through the criminal justice system,
- Facilitate sobriety Improve health and well-being of participants,
- Re-establish Veterans as productive members of their community.
STRUCTURE
The target population of the Second Judicial District’s Veterans Treatment Court consists of U.S. military veterans suffering from alcohol and/or drug dependence and/or a treatable mental health diagnosis that has contributed to the commission of a criminal offense. The process begins with submission of the Veterans Eligibility Questionnaire.
ELIGIBILITY CRITERIA
Service in the United States Armed Forces (All military discharges and any duration of service will be considered);
Residency in Kenosha, Racine, or Walworth Counties;
Suffering from an alcohol and/or drug dependence and/or a treatable mental health diagnosis;
A pending misdemeanor or felony level offense (except those requiring a mandatory prison sentence);
Voluntary enrollment by the veteran;
Consent of the prosecuting attorney for referral to the Veterans Treatment Court;
Clinically appropriate for the structure of this program as determined by the team following an clinical evaluation completed by the team coordinator or Veteran Justice Outreach Specialist;
Eligibility for benefits through the Department of Veterans Affairs is not required.
Potential participants are identified and placed in the program as a condition of a court-imposed sentence resulting from a negotiated plea agreement.
Veterans Treatment Court Documents
Veterans Eligibility Questionnaire
Contact Information
Jennifer Hofmeister, Coordinator
Telephone: 262-638-6719 / Fax: 262-638-7069
Email: jennifer.hofmeister@racinecounty.gov
1717 Taylor Ave
Racine, WI 53403