Court Procedures

The court date shown on your citation (ticket) is the date on which you will enter your plea to the court. This means that you will tell the court whether you are GUILTY, NOT GUILTY, or wish to plead "NO CONTEST" to the charge against you. (These pleas are explained in more detail below).

The information below describes the procedure that will be followed on intake court dates, including a brief description of your rights:

1. If this is the first time you are appearing in court regarding you citation, you must report to the Prosecuting Attorney's office when name is called.  You will be asked to enter a plea to the violation for which you have been charged.  The pleas you may enter are as follows: 

• If your plea is NOT GUILTY, you deny committing the offense, the case will be set for trial at a later date.
• If your plea is GUILTY, you are admitting that you committed the violation, and you will be told the forfeiture amount and when it is due.  If you cannot immediately pay the forfeiture, you may request up to sixty (60) days additional time to pay.
• If your plea is NO CONTEST, you are neither pleading guilty or not guilty, you are simply choosing not to contest, or fight, the charge.  The effect of this plea is that you will be found guilty, however, this finding cannot be used against you as an admission of guilt in some other court proceeding.
• You may also request on continuance before entering a plea in order to discuss your case with an attorney.

2. After entering your plea, you may reach an agreement with the Prosecutor to settle your case now, rather than proceed to trial.  If an agreement is reached, you will be given a copy of a "Stipulation" or emailed a copy of your agreement, that the Judge will review later, however, the Judge is not bound by this Stipulation.  If the Judge rejects your Stipulation, you may be notified to appear before the court on a later date.  It is your legal responsibility to update the court with your current mailing address 800.035(2)(a)5.

3. If this is not the first time you are appearing in court regarding your citation (e.g., you are appearing to show a valid driver’s license or to request another extension of time to pay your forfeiture), you will be checked in to see the Judge.  When your name is called, come forward promptly to the front of the courtroom facing the Judge.

4. Juveniles (persons under 17 years of age) who appear before the Judge have a right to request a private hearing for non-traffic related matters.

Each side is expected to have its witnesses present at trial.  If you have witnesses, you must bring them with you.  You have a right to be represented by an attorney, but you do not have to have a lawyer in order to have a trial.  The court will not appoint an attorney for you.  It is your responsibility to have an attorney in court if you so choose.

1. The Prosecutor will call its witnesses first to testify as to the facts and circumstances surrounding your violation.  You or your attorney will be allowed to ask questions of each witness, including the arresting police officer.
2. When the Prosecutor completes its case, you and your witnesses will be able to testify and will be subject to cross-examination by the Prosecuting Attorney.
3. After all the evidence has been presented, each side will have an opportunity to briefly summarize its case for the court.
4. Finally, the Judge will determine whether you are guilty or not guilty of the violation.  If you are found GUILTY, your penalty will depend upon the circumstances of the violation and your past record.  If you cannot immediately pay the forfeiture, you may request the Judge to allow additional time to pay.
5. If you are found NOT GUILTY, the complaint against you will be dismissed.
6. You will be instructed of your Right to Appeal both verbally and in writing.

If you are charged with operating a motor vehicle while intoxicated, while impaired, or while operating a motor vehicle with a blood alcohol concentration in excess of .08, and if your plea is NOT GUILTY, you have the right to request a jury trial.

To request a jury trial, you must file a written Jury Demand within ten (10) days of the date on which you pleaded NOT GUILTY. Your payment must accompany your Jury Demand and jury fee. Your case will then be transferred to the Milwaukee County Circuit Court. That Court will notify you of the jury trial date.

The statutory penalties resulting from conviction for your first offense include: a) A forfeiture; b) revocation of your driving privileges for six (6) to nine (9) months; c) six (6) points added to your driving record, and d) a referral for an alcohol assessment. If you were operating a commercial motor vehicle with a blood alcohol concentration in excess of .04% or more, in addition to other penalties that may be imposed, you will be disqualified from operating a commercial motor vehicle.

Failure to appear will result in a default judgment being entered against you.  The court may increase your forfeiture, order restitution for damages/losses, and /or assess additional costs and fees for the Village of Bayside, the Village of Brown Deer, and the City of Glendale's expenses to prepare for a trial.  Additionally, a warrant may be issued for your arrest and detention.

Juveniles are any individuals aged 16 and younger. Juveniles cited for traffic violations are subject to the same penalties and Court procedures as adults and will be scheduled for the adult court calendar. The Municipal Court also has jurisdiction over persons less than 17 years of age charged with non-traffic Ordinance violations, State Statue violations and truancy regardless of age. Juveniles have the same rights with respect to pleas. They have a right to a private, or closed hearing, but may waive this right. Forfeitures may be entered against juveniles. If the offense is alcohol or drug-related, in addition to a forfeiture, the juvenile’s driving privileges may also be suspended. 

Juveniles charged with violating the Village of Bayside, Village of Brown Deer, or City of Glendale's Ordinance or violating a Wisconsin State Statute, will receive a citation indicating a specific date for appearance. This appearance is mandatory and requires the appearance with a parent or legal guardian. Should you wish to seek legal counsel, your attorney should notify the Court in writing of their legal representation and plea prior to your court date. The cost of an attorney to represent you is solely your responsibility. The Court will not appoint an attorney for you. 

Upon arrival, check in with the Court Officer. You will meet with the Prosecuting Attorney to discuss your case. If you reach a resolution, the Prosecuting Attorney will indicate your agreement on a piece of paper called a Stipulation and Order. If an agreement is reached, you will be given a copy of a "Stipulation" or emailed a copy of your agreement, which the Judge will review later; however, the Judge is not bound by this Stipulation. If the Judge rejects your Stipulation, you may be notified to appear before the court on a later date. It is your legal responsibility to update the court with your current mailing address [800.035(2)(a)5].

Should you not reach an agreement with the Prosecuting Attorney, a Trial will be scheduled for another date, granting you and the City/Village time to prepare and to notify all witnesses needed to proceed with the trial.

If you fail to appear and have not entered a written plea of Not Guilty or obtained an adjournment for another date, the Court can issue a summons, issue a warrant for your arrest and appearance, or enter a default judgment. A default notice will be mailed to the last known address the Court has on file. 

Failure to comply with the sentence imposed by the Court by the due date indicated may result in one or more of the following at the Court’s discretion: reinstatement of the original charge, reinstatement or increase of the original forfeiture, suspension of your driving privileges, or other consequences. Your debt may be certified with the Wisconsin Department of Revenue for failure to pay all costs and forfeitures ordered.  

Please contact the Court Clerk at your convenience with additional questions or concerns. Thank you.