Municipal Court

Frequently Asked Questions

What happens in Municipal Court?

See the Court Procedures section.

How do I know what my court date is?

Yes, in most cases you can pay your citation before the court date without appearing in court. However, if your citation indicates in the bond amount near the top middle portion that your appearance is "Mandatory", you must appear in court at the time and date as stated on the citation.

How do I pay my citation?

Please refer to the Pay Your Citation tab for detailed information.

What if I can't make my Court date?

You may reschedule your court date one time only as long as you call the Court Clerk to reschedule at least three business days prior to your court date.

Am I entitled to a Public Defender? Do I need a lawyer?

You are not entitled to a Public Defender. Municipal Court is a Civil Court, not a Criminal Court, and the right to a Public Defender only applies to Criminal Courts in the State of Wisconsin. You have the right to hire an attorney to represent your interests in Municipal Court at your own expense, but most people appear in Municipal Court without one.

Is there a chance of reducing my points or charges?

Yes. When you appear in court on your court date, after entering your plea of guilty, not guilty, or no contest, you will have the opportunity to talk with the Judge or the Village Prosecutor about your case. Typically, fines are not reduced, but points may be reduced or citations amended based on the discretion of the Judge.

What happens if I plead not guilty?

If you plead not guilty before the Judge at your court date, you will be given an opportunity to privately meet with the Village Prosecutor to discuss and possibly resolve your case. If you plead not guilty by mail as stated on the back of your citation, you will be notified by mail of a date for a Pre-Trial Conference to meet with the Village Prosecutor to possibly resolve your case. In either situation, if your case is not resolved with the Village Prosecutor, your case will be set for trial at a date and time that will be mailed to you in writing by the Court Clerk.

What do I need to do for my trial date?

You must appear in court prepared to present your case to the Judge. It is your responsibility to bring any documentation, witnesses, photographs, etc., that you feel necessary to prove your case. You may need to subpoena witnesses to appear. The Village Prosecutor has the burden of proving to the court by clear, satisfactory, and convincing evidence that you are responsible for the alleged violation as stated on the citation. The court will provide a list of Trial Tips for those who are interested.

Right To Appeal after Trial

You have twenty (20) days from the date of the trial decision by the Judge to file a written Notice of Appeal. Your case will then be transferred to the Waukesha County Circuit Court for the appeal. You will be provided information on your right to appeal your case at the conclusion of your trial.

What happens if I miss my Court date?

In most instances, the court will enter a default judgment, assess a forfeiture, and give you sixty (60) days to pay. You will be notified in writing of the judgment against you at the address listed on the citation.

Do I have the right to reopen the case?

Yes. You have the right to request the reopening of your case by writing a letter to the Judge explaining why you missed your court date and by paying a non-refundable fee of $25. There is no guarantee that your case will be reopened even if you send the letter and pay the fee. The final decision is up to the Judge. Cases more than six months past the entry of judgment will rarely be reopened.

What happens if I don't pay my fine?

For traffic matters, your driver's license may be suspended for up to 1 year. For all citations, we can file with the Tax Refund Intercept Program or a collection agency to have your fine paid. For nonpayment of municipal citations, a warrant may be issued for your arrest and incarceration in the Waukesha County Jail.