If the box next to "Mandatory Appearance" is checked on your citation, you must appear in court. If it is not, you may pay the monetary amount due anytime before your initial appearance court date. Please call the Clerk of Courts [832-1605] to set up payment schedule. If you are cited for operating a motor vehicle while intoxicated or prohibited alcohol concentration, you must talk with the Clerk of Courts, either at your scheduled initial appearance or at an appointment prior to that date.
Initial appearances are generally scheduled for 8:30 a.m. on the first Wednesday of each month. Doors open for registration at 8:00 a.m. Order of appearance is determined on a first-come, first-served basis. Be prepared to enter a plea. Proceed as directed when your name is called.
Pleading "guilty" is an admission that the charges against you are true.
Pleading "no contest" is similar to a plea of guilty: you will be admitting the charge, but will not be admitting your civil liability if personal injury or property damage is involved.
No Contest Plea
When you appear before the Judge, he will inform you of the charges and of the consequences of your plea, traffic demerit points, minimum and maximum forfeitures, etc. After accepting your plea, he will review the police report and your past record. You may make a brief statement. The Judge will then impose a sentence based upon the seriousness of the present charge(s) and any past record.
Pleading "not guilty" means that you feel that the charge against you is not correct. The Town must prove you are guilty by "clear and convincing evidence." If you are pleading "not guilty" to a violation of Operating While Under the Influence, you may also request a jury trial before the Outagamie County Circuit Court. A timely written request and payment of the required fees must be made within ten (10) days of your initial appearance.
Not Guilty Plea
The Clerk of Courts will then set your trial date.
You may try to settle this matter through a pre-trial by calling the Town Attorney (given to you in a confirmation letter one to two weeks before your trial). At the pre-trial conference, the Town Attorney makes you an offer based on the current charge(s) and your history. If you choose to reject the offer, you may continue to plead not guilty and appear before the Judge.
You may change your plea to "guilty" or "no contest" at any point before your trial by paying the forfeiture posted on your citation. Waiting too long, though, may result in additional fees if witnesses have already been subpoenaed.
This is a court of law and the rules of proper decorum and evidence will be followed. Please remain quiet while the Court is in session and give others the courtesy to be heard and present their case. Smoking is prohibited in the building. All cell phones and pagers must be turned off. All hats must be removed. Persons who fail to conduct themselves in an orderly manner may be cited for contempt. The prosecution will produce its witnesses to testify as to the facts and circumstances surrounding your case. You or your attorney will be permitted to cross-examine each witness. When the prosecution has completed its case, you and your witnesses will be given an opportunity to testify and will be subjected to cross examination by the prosecution. After all the evidence has been presented, the prosecution and the defense will be given another opportunity to summarize their respective cases to the Court through a brief argument. Thereafter, the Court will determine your innocence or guilt. If the Court finds you not guilty, you will be excused and the citation against you will be dismissed. If you are found guilty, the Court will impose a penalty, taking into consideration all the extenuating circumstances and your past record.
If you are found guilty after trial, you have the right to appeal your case to the Outagamie County Circuit Court. All appeals must be filed in writing within twenty (20) days after judgement with the appropriate appeal fee. If you fail to meet this time limit, you have lost your right to appeal.
The Municipal Court has jurisdiction over persons between 12 and 16 years of age charged with non-traffic ordinance violations. Juveniles have the same right with respect to pleas. In addition, these juveniles should appear in Court with a parent or guardian. They have a right to a private (closed) hearing, but may waive this right. A money judgment or community service obligation may be entered against a juvenile found guilty of a non-traffic ordinance violation. If the juvenile fails to pay the judgment or satisfy the community service hours, his/her driver's license shall be suspended for up to 3 years. If the offense is alcohol related, a report will be filed with the Department of Motor Vehicles.
If you are found guilty of a traffic offense, in addition to any judgment made by the Court, the State Department of Transportation in most cases will assess demerit points against your driving record. The assessment of 12 points or more in 12 months shall result in the loss of your driver's license. For any person holding a probationary license, the points will be doubled for the second and all subsequent violations. Juveniles cited for traffic violations are subject to the same forfeitures and court procedures as adults.
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