Sun Prairie man wins appeal on forfeiture court costs

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A Sun Prairie man is entitled to have the state pay his court costs after his successful motion to dismiss a forfeiture charge, according to the Wisconsin Court of Appeals District IV.

According to court records, Jeramiah Bradley was charged with a forfeiture offense for possessing a firearm within 1,000 feet of school. He moved to dismiss the complaint by saying he could not be guilty due to his concealed carry permit. At the hearing, the state conceded Bradley was correct and the court dismissed the action.

Bradley submitted a bill of costs, arguing under Wisconsin Statute ch. 778, which governs certain forfeiture actions, a defendant receiving a favorable judgment is entitled to various costs, including attorney fees. The court denied Bradley’s request, which he then appealed.

The Court of Appeals reversed that decision, saying the state owed Bradley a total of $381.85 — $300 for attorney fees with $81.85 for compensation for jury fees, the electronic filing fee and the judgment docketing fee.

The Court of Appeals analyzed the relevant statutes to determine if Bradley was entitled to costs. The court concluded the court action was brought under Statute 778.01, which governs forfeitures.

The state claimed no forfeiture was incurred, but the court interpreted “incurred” as becoming liable for the forfeiture at the time of the act. The state contended no judgment was entered for Bradley since the case was dismissed, but the court of appeals defined the dismissal as a judgment in his favor.

The court accepts “Bradley’s argument that the court’s dismissal of the forfeiture was the “determination of the action” and thus constituted ‘judgment … for defendant’ under Statute 778.20.”

The Court of Appeals remanded the case with directions to assess costs as required by the statutes.