City of Lake Mills
Municipal Court
Post Office Box 6
Lake Mills, WI 53551
Phone:(920) 648-8385
FAX: (920) 648-8386
Office Hours: Mon & Thursday, 8am to 12pm & 1pm 4:30pm
COURT PROCEDURE
TO ALL DEFENDANTS:
Since most people are concerned about appearing in court, this is offered to help you understand court procedure. This court has jurisdiction over traffic and non-traffic ordinance violations in the City of Lake Mills. You have a right to be represented by an attorney, or you may go ahead without one. If you want an attorney, you must retain one at your expense. The court cannot provide you with a Public Defender, regardless of your economic status.
COURT CONDUCT
This is a court of law and the rules of proper decorum will apply. Please remain quiet while the court is in session. Gentlemen are asked to please remove their hats. This is a courtesy to other defendants as well as the court. Persons who fail to conduct themselves in an orderly manner may be cited for contempt. All cell phones need to be shut off.
INITIAL APPEARANCE
When your name is called by the Court Officer, please move promptly to the table in front of the bench. The Judge will then inform you of the charge or charges you are facing and the consequences if you are convicted, i.e., traffic demerit points, minimum and maximum forfeitures, and any suspension or revocation of driving privileges.
Defendants who plead Not Guilty will have their pretrials that day with the City Attorney, if she is available. At the pretrial hearing, each defendant will have an opportunity to discuss his or her case with the City Attorney. The purpose of this hearing is to try and settle cases prior to trial. If you fail to appear at the pretrial hearing set for you by the court, default judgment will be entered against you.
Defendants who plead Guilty or No Contest will be given an opportunity to make a brief statement. The Judge will then review the police reports and, depending on the seriousness of the present charge and any prior record of relevant offenses, impose an appropriate forfeiture (fine). Payment of a fine may be deferred for a reasonable time (up to 60 days) if requested by the defendant. If you fail to pay your forfeiture, you may be committed to jail for up to ninety (90) days or have your driver's license suspended for up to two (2) years.
PLEAS
At the initial appearance, a defendant may enter one of the following pleas:
If you plead GUILTY, it is an admission of guilt to the charges against you.
A plea of NO CONTEST means that you do not wish to contest the charge or charges against you. Although such a plea will result in your conviction, you will not be admitting any liability should there be a subsequent lawsuit filed in Circuit Court for personal injury or property damage arising from the incident for which you were cited. An example of this would be a traffic accident. If you were the driver who was charged with failure to yield the right-of-way, a No Contest plea to this charge is not an admission of guilt, and could not be used against you in any lawsuit for damages arising from the accident.
When pleas of Guilty or No Contest are made, a forfeiture (fine) will be assessed against you. Before this is done, you will be given an opportunity to tell the Judge about any mitigating circumstances surrounding the charge which might affect the amount of the forfeiture imposed.
If you plead NOT GUILTY, it means that you feel you have some defense to the charge or believe it is incorrect. If you are in doubt to which plea to enter, you should plead Not Guilty.
TRAFFIC VIOLATIONS
If you are found Guilty of a traffic offense, in addition to any judgment imposed by the court, the State Department of Transportation may assess demerit points against your driving record, which may result in the suspension or revocation of your driver's license. The assessment of 12 or more demerit points in one year will result in the loss of your license.
Any person holding a probationary license will be assessed additional demerit points for the second and all subsequent violations. Juveniles cited for traffic ordinance violations are subject to the same forfeitures and court procedures as adults.
DRUNK DRIVING CASES
If you are charged with operating a motor vehicle while under the influence of an intoxicant (drunk driving) or with a blood alcohol concentration greater than .08% and enter a Not Guilty plea, you have a right to request a jury trial.
To secure a jury trial, you must file a written request to the Lake Mills Municipal Court and submit the appropriate jury fee for a six person jury within ten (10) days of your first court appearance. You must also post bond in the amount shown on the face of your citation. (S800.04(l)(d)) If this is not done, you lose your right to a jury trial but are still entitled to a court trial before the Municipal Judge. If a proper jury trial demand is made, your case will be transferred to the Jefferson County Circuit Court. The Circuit Court Clerk will then notify you of your jury trial date.
JUVENILES
The Municipal Court has jurisdiction over persons between 12 and 17 years of age. Juveniles have the same rights as adults with respect to pleas. Except in the case of traffic offenses committed by licensed drivers, juvenile's also have a right to a private (closed) hearing, but may waive this right. A forfeiture may be entered against a juvenile found Guilty of a traffic or non-traffic ordinance violation. If the juvenile is found Guilty of a traffic violation and fails to pay the forfeiture within the sixty (60) days given, his/her driver's license may be suspended for up to two (2) years. If the juvenile is found Guilty of a non-traffic ordinance violation, a forfeiture will be imposed with an alternative number of community service hours. If the juvenile fails to perform the community service or pay the forfeiture, his/her license of the defendant may also be suspended for up to two (2) years. If the offense is alcohol related, the drivers license of the defendant may also be suspended.
TRIALS
It is the prosecutor (City Attorney) who bears the burden of proving the case against each defendant by clear, convincing and satisfactory evidence.
The prosecution will produce its witnesses to testify as to the facts and circumstances surrounding your case. You or your lawyer will be permitted to cross-examine each witness. When the prosecution has completed its case, you and your witnesses will be given the 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 an opportunity to summarize their respective cases to the court through brief argument. Thereafter, the Judge will determine whether you are Guilty or Not Guilty.
APPEALS
If you are found Guilty, you have the right to appeal your case to the Jefferson County Circuit Court. All appeals must be filed in writing in the Municipal Court office within twenty (20) days after a Guilty finding is entered. If you fail to meet this time limit, you lose your right to appeal. The appeal fee, forfeiture and costs must be posted upon filing the appeal. You have the right to a Jury Trial on appeal, upon payment of appropriate fees.
It is hoped that your appearance in Municipal Court will be a learning experience for you.
BY THE COURT:
W.E. Kiessling, Jr.
Municipal Judge
FREQUENTLY ASKED QUESTIONS
Do you take credit card payments?
The Lake Mills Police Department and Municipal Court will no longer accept credit card payments for forfeitures or parking tickets at the department. We have obtained the services of Government Payment Service (GPS). Consumers can now make payments on-line at www.governmentpayment.com or by calling GPS at a toll free number, twenty-four hours a day, seven days a week. This will make it more convenient for the consumer and help to have payments made on time. Most major credit cards are accepted Visa, Master Card, Discover and American Express. For more information visit the website or call toll-free (888) 561-7888.
Can I reschedule my Court date?
You may reschedule your Court date one time as long as you call prior to your Court date to reschedule.
I missed my Court date and really wanted to appear. Can I get it reopened?
To get a matter reopened, you must write a letter to the Judge explaining why you missed your Court date and asking that it be reopened. The Judge will charge a reopening fee which will be in the range of $0 - $50, depending on how long after the Court date we receive your letter and why you missed. If the reopening request is more than three months past the entry of judgment, a hearing will be held before the Judge.
This is not my ticket. I think somebody used my name. Now what?
Write a letter to the Court letting us know it was not you who was stopped. We will set up a hearing to have you and the officer who made the stop come in. At that time it will be determined if it was you or if the ticket should be reissued to someone else.
I didn't pay my fines and now I'm suspended. What do I do now?
If this is the only suspension/revocation on your driving record, you must pay your fine to the Court. Once paid, we will give you paperwork to take to DMV. You will pay them a reinstatement fee in order to have your privilege to drive in Wisconsin reinstated.
Can I do community service to take care of my fines?
If the alternative to payment of your fine is jail time, the Judge may grant you the opportunity to fulfill your obligation by community service. This will be looked at on a case by case basis.
Can I get an extension to pay my fines?
Yes, but you must put your request in writing. Explain in a letter why you need the extension, how much time you need, and if you want to be put on a payment plan, how much you can afford to pay per week or month. This request must be made prior to your fine due date.
I'm afraid I'm going to lose my license on points. What can I do?
Make your Court appearance and inform the Judge of your license status. He may grant you the opportunity to complete Point Reduction School. Upon completion, you will receive three points back on your license.
How long will this traffic charge remain on my record?
The points will remain on your record for one year from the date of the violation. The actual charge will remain on your record for five years, unless the charge is Operating While Intoxicated. That will remain on your record for 10 years or more.
How do you spell the Judge's name?
KIESSLING