Initial Appearance:
The date and time of your initial appearance is listed on your citation. At the initial appearance you will enter a plea of guilty, no contest, or not guilty.
- If you are in doubt as to which plea to enter, you may ask the judge to clarify the pleas.
- If you are not ready to enter a plea, the judge may grant a continuance.
PLEAS:
Guilty: A plea of guilty is an admission of the charge against you.
No Contest: A plea of no contest means you are not contesting the charges—therefore, you will be found guilty. However, if a civil suit is brought against you, a no contest plea cannot be used against you in these court proceedings.
If you plead guilty or no contest, a cash forfeiture judgment may be entered against you. You will be given an opportunity to tell the judge any mitigating circumstances surrounding payment of these fees. You may be given extended time to pay the forfeiture if needed.
Not Guilty: A plea of not guilty means that you feel the charge against you is not correct. Following a not guilty plea, a pretrial conference is scheduled.
Pretrial Conference
If you have entered a not guilty plea, you will meet with the village prosecutor in an attempt to settle your case. This is called a pretrial conference.
- If the pretrial conference does not result in a negotiated plea and the plea of not guilty persists, the case will be scheduled for trial at a later date.
- Information for the trial date is furnished by mail. It is the defendant’s responsibility to inform the court of his/her current address.
Going to Trial
If your case goes to trial, the Village of Allouez must prove your guilt by clear, satisfying and convincing evidence. At the trial, the village prosecutor will be present, along with any witnesses. You should also have your witness present at that time.
- When your name is called, please advance promptly to the judge’s bench area.
- The judge will then inform you of the charge(s), statutory reference(s), and the consequences of your plea.
- You may make a brief statement.
- The judge will review your case, your record, and render a decision and/or judgment.
- If you are found guilty, a forfeiture plus court costs will be imposed. The total amount is payable immediately.
O.W.I Citations
If you are cited for a violation of operating while intoxicated (O.W.I.) and enter a plea of not guilty, you may request a jury trial before the Brown County Circuit Court. A written request and payment of the requested fees must be made within 10 days of the initial appearance. The fees are a $5.00 nonrefundable filing fee, plus $6.00 per juror (maximum six jurors). NOTE: Fees may change at any time.
Traffic Violations:
If you are found guilty of a traffic violation, in addition to any judgment made by the court, the Wisconsin Department of Transportation may assess demerit points against your driving record, which could result in the suspension of your driver’s license.
- Persons holding a probationary or graduated license will be assessed additional demerit points for subsequent violations.
- Juveniles cited for traffic violations are subject to the same forfeiture as adults.
- If you have any demerit point questions you should call the Department of Transportation at 1-800-924-3570.
Juveniles:
The Municipal Court has jurisdiction over children 12-17 years old charged with non-traffic ordinance violations. If the defendant is 17 years old he/she is considered an adult. Juveniles have the same right with respect to the pleas. Additionally, they have the right to a private hearing.
