District Attorney - Frequently Asked Questions
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Frequently Asked Questions

ADAM Y. GEROL

District Attorney

How do I file a complaint?

·         If you believe a crime has occurred within the County of Ozaukee, you may go to the local police department where the crime occurred and file a complaint with them.  The police department will investigate the matter and, if they believe there is sufficient evidence that a crime occurred, the police department will refer their reports to the District Attorney’s Office for review for criminal charges.  All criminal referrals come to the DA’s Office from a law enforcement agency.

Does the District Attorney’s Office provide Legal Advice to the Public?

·         No, ethically the District Attorney’s Office by law can not provide legal advice.  You may contact the State Bar of Wisconsin’s Lawyer Referral and Information Service at (800) 362-9082 with questions you may have.

When can I speak with the prosecuting attorney assigned to my case?

·         If you are a defendant and have hired an attorney, our office will not be able to speak with you because it would be a conflict of interest.  We are only able to speak with your attorney regarding your case.

·         If you are a defendant and have not hired an attorney, after your initial appearance and plea has been entered, you will receive a pretrial notice to come to our office for an opportunity to speak with the assigned prosecuting attorney about your case.

If I have an Ozaukee Sheriff’s Department, Wisconsin State Patrol or DNR non-criminal citation, when can I talk to the prosecutor handling it?

·         After a not guilty plea is entered either by mail to the Clerk of Courts Office or at the scheduled initial appearance date on your citation, the Court will then give you a Court Trial date and a Pretrial date.   Our office will receive reports from the Ozaukee County Sheriff’s Department, Wisconsin State Patrol or DNR, a few days after your not guilty plea is entered, not before.  You or your attorney are required to appear at the scheduled pretrial (meeting with a representative of the DA’s Office) to try and resolve the case before trial.  If the case is not resolved at the pretrial, the State will notify witnesses for the scheduled court trial date that was given to you.  If you do not appear or you have not retained an attorney to appear on your behalf at the pretrial, the State will not notify witnesses for the court trial.  If the case was not resolved at pretrial and you do not appear at the court trial, the court will find you guilty be default for your non-appearance.

·         The Ozaukee County District Attorney’s Office only handles DNR, Ozaukee Sheriff’s Department and Wisconsin State Patrol citations.  The other local municipalities have their own City or Village Attorney.  You may contact the local municipality for their attorney’s contact information.

·         The City of Cedarburg, Village of Grafton and City of Port Washington use Mid-Moraine Municipal Court for all their ordinance citations (non-criminal matters), which is located at 1625 E Washington St., West Bend, WI 53095-2601, (262) 334-5700.

How can I go about getting an extension of time to pay for my court fines?

·         You need to contact the Clerk of Courts Office at (262) 284-8420  to ask for an extension to pay for court fines.  Our office does not take in money to pay for fines.  All fines must be paid to the Ozaukee County Clerk of Courts.

I have been charged with a crime.  I would like an attorney to represent me, but I cannot afford one.   What can I do

·         There are two ways for you to retain an attorney to represent you in a criminal action.  However, that is based on eligibility.  If it is determined that you are not eligible, you will need to hire your own attorney, if so desired.

·         You may contact the State Public Defender's Office at (262) 284-1862.   They will discuss the steps you need to take to determine if you are eligible for public defender representation.

·         If you are not eligible for public defender representation, the public defender's office can advise you as to how you can obtain a Court appointed attorney. 

Are your records open to the public?

·         No, our files are not open to the public.  If you are looking for information regarding a case, you may contact the Clerk of Courts in the Ozaukee County Justice Center at (262) 284-8409. 

·         If you are a defendant and are not represented by an attorney, you may send a letter to the District Attorney’s Office at 1201 S. Spring Street, Port Washington, WI  53074 for discovery (reports) after the initial appearance and a not guilty plea was entered.  If you are a defendant represented by an attorney, your attorney will request the discovery from our department.

Does your office handle child support issues?

·         No, our office does not handle child support matters.  Any child support questions should be directed either to your attorney or the Child Support office in the Justice Facility.  That phone number is (262) 284-8400.

·         Our office only becomes involved in child support matters when a criminal child support case has been referred to us.

Who receives restitution if a person has been convicted and placed on Probation?

·         If a defendant is found guilty and placed on Probation with restitution owing, the State Department of Corrections (Probation & Parole) handles the restitution in most cases.  They can be located at 501 Dekora Woods Blvd., Saukville, WI  53080, phone (262)268-5200, fax (262)268-5224. 

Does your office handle civil matters?

·         No, our office does not handle civil matters.  You will need to contact a private attorney for these matters.

How do I file a small claims action?

·         If you would like to commence a small claims action against another party you can obtain and file the paperwork with the Clerk of Courts Office in the Justice Facility.  

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121 W Main St P.O. Box 994 - Port Washington WI 53074 - General Phone 262-284-9411
General Hours of operation 8:30 to 5:00
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