Legal Question in Criminal Law in Wisconsin

Initiation of Criminal Charges

In WI, the only way to initiate criminal charges is through a law enforcement agency. Private parties can start civil suits based upon criminal conduct, but only a District Attorney, Assistant Attorney General or duly appointed special prosecutor can charge anyone criminally. Nearly 99.9% of their referrals come from a police department or Sheriff's Office. The prosecutor then reviews the referrals and makes the final decision about who will be charged and not charged (as well as what they will be charged with--law enforcement recommended charges are often not the same charges ultimately issued by the government).