Criminal Charges

Wisconsin versus or U.S. Versus

Criminal charges can be brought by both the state of Wisconsin or the U.S. Federal governments in the state of Wisconsin. If the state of Wisconsin brings criminal charges against a person, then a Wisconsin state district attorney will prosecute the case and a Wisconsin Circuit Court judge will hear the case. If the case goes to trial, it will be heard in a Wisconsin Circuit Court. If it is a jury trial, the jury will be chosen from the local community unless a change of venue is requested and granted. A change of venue simply means that the case is moved to another court.

If the United States brings criminal charges against a person, then the charges are prosecuted by a federal prosecutor (often called a federal attorney or a U. S. Attorney). Federal cases are heard in federal court. If the matter is heard before a federal jury, the jurors will be chosen from the local community. As with state cases, federal cases can be moved to another court, but that is rare.

A person can be charged with and prosecuted by both state and federal governments if the alleged criminal act is a violation of both state and federal law. When both state and federal charges are sought, the state and federal prosecutors often discuss the case and agree to have one or the other prosecute the case.

State & Federal Crimes

Many offenses are proscribed (prohibited by law) under both state and federal statutes. A list of the more commonly charged crimes that fall under both state and federal law are listed below. This list is not complete; there are many other acts defined under both state and federal laws.

Both Wisconsin and federal law prohibit a felon from possessing a firearm. A person can be charged with the crime of possessing a firearm under either or both state and federal law whether or not the crime is alledged to have been committed on state or federal land.

Both state and federal laws include numerous drug related crimes. Under both, drugs are referred to as controlled subtances, and both state and federal law prohibit possession, selling, manufacturing or deliverying controlled substances within or outside of the state of Wisconsin.

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