For many years, I have been driving north up highway 35 to the Buffalo County Circuit Court in Alma, Wisconsin.  I have handled cases, ranging from OWI/DUI 1st or Disorderly Conduct, to very serious felonies, with very good results.  I have tried a civil case there, with equal success. 

I enjoy practicing in the Buffalo County Circuit Court.  Like the other smaller counties I travel to, including Trempealeau, Jackson, Pepin, Portage, Columbia, and Clark Counties in WIsconsin, the court personnel and staff are approachable and helpful.  The judges and District Attorneys are professional and courteous.  They appreciate the role of defense counsel. 

If you have been charged with OWI/DUI or a criminal charge in Buffalo County, or if you have been injured in a car accident there, call me at (608)  781-5400 for more information on how I can help you.  I know the Buffalo County Circuit Court.  I have established a reputation there as a serious trial lawyer.  My office is closer to Alma than La Crosse, and as with all other counties, I will substantially discount my rate for travel to Alma, making it affordable for you to have the finest legal assistance for your Buffalo County Case.  Most important, I will work my ass off to get you results. 

Nicole DeClute, 27, was convicted yesterday in the La Crosse County Circuit Court by pleading guilty to one count of Armed Robbery, a Class C Felony, punishable by a maximum fine of $100,000 and 40 years prison.  Ten other crimes in five other cases where dismissed and read-in for sentencing.  According to the La Crosse Tribune, she has been approved for admission to the La Crosse County Drug Treatment Court.  She awaits sentencing before another judge because Judge Scott Horne recused himself after taking her plea, citing his conversation with the victim while a customer at the dry cleaner.

A review of DeClute's record on CCAP shows that she has pretty much been a one-woman crime spree since 2003.  So, many will no doubt scream and shout when she is given probation with drug court as a condition (and I do think that is highly likely).  However, punishment and deterrence are not the only goals of a sentence; and for serious drug users, prison rarely works to steer them on the right track. 

Look at the circumstances of Ms. DeClute's case.  She apparently went into Hangers and Hems while her dad was gassing up the car next door.  She pulled out an Airsoft pistol and robbed them of $200.  This looks like someone pretty desperate for quick cash for a fix.  Indeed, much of the rest of her criminal history, thefts, forgeries, etc., also tell the story of someone committing crimes for money to buy drugs.  This pattern will likely only end if she gets real help and support for her drug addiction.  Regrettably, most people can't afford that, and for better or worse, the drug court will put her in that environment. 

The La Crosse County judges know that drug court works far better than prison to end the cycle of drugs and crime, so they bite the bullet and choose results over punishment and deterrence.  Read an article wherein the La Crosse County judges publically support the drug court against the La Crosse Police Chief's public call for harsher sentencing. 

When a person is sentenced to a La Crosse County Drug Court disposition, their sentence is usually withheld and they are placed on probation.  Drug court is made a condition of the probation.  That means they can be sentenced again if they are revoked from drug court and/or probation.  The other alternative is sentencing them now, say to five years prison, but then staying the sentence until the person completes probation/drug court.  If they are revoked from and/or drug court, they will serve that prison sentence.  Either way, the person holds the keys to the prison in their own hands. 

If Ms. DeClute is given drug court, then she will pretty much be turning herself over to the drug court team and the drug court judge.  Her probation conditions will probably include more time in the La Crosse County Jail.  The team will decide when she will get out on electronic monitoring, which is likely how she will serve the remaining portion of her jail sentence--if she has no violations.  However, the team will make sure there is plenty of jail time left available in case she fails to play by their rules.

One of the first rules of drug court is "don't use", and Ms. DeClute will be closely monitored in that regard.  If she does use, she'll get caught.  She probably be held in jail until the team and judge decide she is ready for another chance.  If she continues to use, she'll be revoked, and will probably be sentenced to prison.  It's up to her.  If she succeeds, the savings to the tax payers--not to mention her otherwise future victims--will be enormous. 

The following is not legal advice.  The  best practice is to always have a lawyer before you go to court.  Like all the posts on this blog, the following is not exhaustive, and is informational only.  This information applies specifically to the La Crosse County, Wisconsin, Circuit Court.  Do not use this to substitute for the advice of an attorney.

Your first time in court can be scary; even if it's only the first time for this case.  In La Crosse County, ALL non-traffic-related criminal cases, and all non-traffic ordinance cases investigated by the La Crosse County  Sheriff's Department, the UWL Campus Police, and Wisconsin DNR--as well very serious traffic-related cases--will start in the criminal intake court. 

"Intake" court takes place Monday through Friday at 1:30 p.m.  There is a rotating schedule that determines which of the five "Branch" judges will preside, and therefore, which courtroom, or "Branch" Intake court will take place in.   You should look at your Summons, bond, or citation (ticket) to determine which court your case is scheduled in.  Many, many people go to  the Circuit Court, when their case is actually at the La Crosse Municipal Court, or the Joint Municipal Court in Onalaska.  I strongly recommend you call the Clerk of the La Crosse County Circuit Court prior to your court appearance to make sure the date and/or time on these documents are correct , because too often they are not.  If you are in the wrong place when your case is called, regardless of whose fault, you can be the one who pays, in the form of a warrant for your arrest.  A picture of the La Crosse County Circuit Court can be seen below.  

When you get to court at 333 Vine Street, La Crosse, WI you will see the sign posted at the metal detector saying on which floor Intake Court is being held.  The security guards are friendly, and they will give you further directions if you ask, or you can simply proceed to that floor.  The court calendar, or docket, will be posted next to the courtroom doors.   Because Intake Court usually has a lot of cases, look for the long list and that is probably the right courtroom.  Look for your name.  If you see a note that says "DA Decline", or words to that effect, next to your name, then your case is not being prosecuted, and you can leave.  Your cash bond--if you or someone posted one--will be mailed to the person who posted it within several days, and your bond is no longer effective.

The first cases to be called in Intake Court are the people in custody, starting with the females.  Therefore, if you see a lot of names before you on the list, or if there are a lot of people in the jury box wearing orange or blue jail uniforms, you probably have time for a smoke or to make some phone calls to attorneys.  However, don't be late, because if your case is called and you are not there to answer, a warrant will be issued.  However, if you have arrived late, do not leave.  Wait until all the cases have been called, then ask to have your case recalled.  That will usually result in the warrant being "quashed".

Several things can happen at intake court.  Listen carefully to the Judge's opening instructions. 

CRIMINAL CHARGES
If you are being charged with a crime, when your case is called, you will proceed to the podium in front of the judge's bench.  Usually, you will then be handed a criminal complaint, which states what charges are being brought, and then will contain a statement of "facts" that support the charges.  Beginning in 2014, you will be asked to enter a plea to the charges at that time.  You will be given an Order for Pretrial Conference.  That document contains two dates:  (1) the date you must meet with the District Attorney's office to discuss a plea offer, and (2) Status Conference date, or the date you must return back to court to inform the Court whether you will be accepting a plea offer and pleading guilty or no contest, or requesting a trial. 

People charged with crimes, whether misdemeanor or felony, have a "right" to an attorney.  Therefore, if you are without an attorney, you will also be asked if you plan to hire one.   If you do want an attorney--and you darn well should if you have been charged with a crime-- and you don't think you can afford one, you will be given directions to the Public Defender's Office.  Go see them without delay. 

If your charges include at least one felony charge, you will be asked whether  you want to have a Preliminary Hearing, or probable cause hearing.  That is a hearing wherein the prosecutor will have to put on sufficient testimony and/or
evidence to show that you "probably" committed a felony or felonies.  If you have not already talked to an attorney,
you can ask the Judge for time to get an attorney.  Depending on your case, the Judge will either give you more time before making that decision, and reschedule your Initial Appearance, or will simply say that he/she is scheduling the Preliminary Hearing, and tell you to see the Public Defender or hire an attorney before that date.  

Sometimes--and in recent years this has become more frequent--the prosecutor will tell the Judge that they need more time to prepare their charges.  In that event, the Judge will usually give them a day or two, and will order you to return.  It's never about your convenience.   

Whatever the nature of the criminal charge, a bond must be established before you leave.  If you were not held in custody for court, the chances are very good that you are going to be allowed to leave after your case has been called, so don't skip court out of fear.  It will only make things worse.

Before setting bond, the Judge will usually first ask the prosecutor what his/her position is on bond.  They can ask for a cash bond or a signature bond, depending on the nature of the case.  They can also ask for whatever conditions they feel are necessary to protect the public and/or ensure your appearance back in court, including testing for alcohol or drugs, GPS monitoring, curfew, etc.  If you have already been arrested and given a bond by the jail or arresting officer, they may simply ask that the bond continue, or may ask that it be altered.  If you have not been arrested previously, you will probably be given a "booking complaint", and told to go to the jail after your court appearance, to be "booked", i.e. fingerprinted, photographed, and registered. 

Before your bond is set by the Judge, you may be asked what your position is on bond.  This is where having a lawyer with you is very important.  However, if you do not, then DO NOT SAY ANYTHING ABOUT THE FACTS UNDERLYING YOUR CASE.  This is not the time for a trial, and you are not going to talk your way out of the charges at this time.  Countless times I have been in court and watched as some nervous person said something that could harm their case, including outright confessions.  Remember, you have been charged with a crime:  "Anything you say can be used against you."  

Once the Judge has ordered the type and conditions of bond, you will be pointed to a table in the courtroom where the Judge's assistant will be preparing your bond.  You will be asked to sign it.  You will be given a copy.  If you have been ordered to do other monitoring, you may be given further instructions.  Do not lose your paperwork, and do not forget the date and time you must return to court.  You can now leave the courtroom.

NON-CRIMINAL, OR "FORFEITURE"  VIOLATIONS
The major differences for people who are charged with non-criminal violations:  (1)  they do not have the "RIGHT" to an attorney before they can be prosecuted, but they certainly have the right to consult with or to hire their own at their own expense; (2) there is no automatic right to a jury trial; and (3) the standard of proof is "clear, satisfacotry and convincing, NOT "beyond a reasonable doubt".

Sometimes, however, as is the case with Underage Drinking violations, they will be asked if they want to participate in some kind of program, the completion of which will result in dismissal of the charge or reduction in the penalty.  In that case, you will be told to complete the program, and you will likely be told to come back for a future  court date if you do not.   

Even if you are asked to enter a plea, as is more fully described fully in another article on this blog, you have the statutory right to a continuance before entering a plea.  If you do not ask for one, you will not be given one.  Even if you do ask for one, the Judge may enter a not guilty plea for you and tell you to meet with the prosecutor.  More on that. 

If you do enter a plea, the choices are "guilty", "not guilty", or "no contest" (nolo contendre).  "No contest" just means that you do not confess guilt but still agree to be convicted.  If the actions that led to you being charged could also result in you being sued, such as in a car or boating accident, then this plea may be better than "guilty", which could be used to establish your fault in the lawsuit. 

If you plead guilty or no contest, the judge will then proceed to sentence you to pay some monetary amount.  The  prosecutor will be asked their position, and you will have a chance to say what you think is appropriate.  Usually, the amount of the forfeiture is far less than the mandatory court costs and surcharges imposed.  You can also ask for time to pay.

If you plead not guilty, the Judge will usually order you to meet with the prosecutor to discuss possible solutions prior to setting the case for trial.  However, if you say "not guilty", or the judge enters your not guilty plea for you, then if your case qualifies for a jury trial, you will have only 10 days to request the jury trial in writing and pay the jury fee.  If you do not, your trial will be to a judge only.  This is a trap for the unwary, because, usually, the meeting with the prosecutor is AFTER the 10 days has passed.  

END.