| Since this may be your first time having a citation in the
Village of Suamico, it is our desire that you be fully advised of
your rights and of the Court's procedures, please take time to read
this page. It will give you important information about what is
happening with your case. |
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| You have the right to be represented by an attorney or you may
proceed without one. If you want an attorney, you must retain one at
your expense. In most cases, this Court will not provide an
attorney. |
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| INITIAL APPEARANCE |
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| At the initial appearance, you are expected to enter a plea of |
- Guilty
- No Contest
- Not Guilty
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| When you enter a please of Guilty, you are admitting that
you committed the office. In most case, a penalty will be imposed
immediately. |
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| When you enter a plea of No Contest, you are not
contesting that you committed the offense. The Court will find you
guilty and impose the appropriate penalty. However, you will not be
admitting your civil liability and No Contest plea cannot be used
against you in any other action or in any other Court. |
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| When you enter a plea of Not Guilty, you deny committing
the offense and the case will be scheduled for a trial at a later
date. You must also initiate a pretrial conference with the
prosecuting attorney prior to trial in an attempt to settle the
case. |
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| If you are cited for a violation of OWI or BAC, your may request
a Jury Trial before the County Circuit Court. Requests for Jury
Trial must be made to the Suamico Municipal Court IN WRITING, within
ten (10) days of your initial appearance, and must be accompanied
with a check made payable to the Brown County Court Clerk. The check
must include a jury fee of $36.00 for a 6-person jury. It must also
include the amount of the deposit listed on your citation and a
$5.00 transfer fee. The case will then be transferred to the Brown
County Circuit Court and all further communication will be from
them. If you do not properly request the jury trial within the
10-day period, you are forever barred from doing so and your trial
will be held in this Court. |
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| You have the right to request that your trial be held in another
Municipal Court. Your request must be made to the Suamico Municipal
Court IN WRITING within ten (10) days of your initial appearance, or
you will be forever barred from transferring the trial. |
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| You also have the right to request a continuance. If you are
granted a continuance, you will be informed of the date for your
next Court appearance. |
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| TRIAL |
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| A trial will be conducted if you have plead Not Guilty and
if you have not been able to settle your case during the pretrial
conference. |
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| The Village of Suamico has the burden of proving you guilty.
First, the prosecution will produce its witnesses to testify as to
the facts and circumstances surrounding your case. You or your
lawyer will them 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. You will be subject to
cross-examination by the prosecution. After all the evidence has
been presented, you and the prosecution will be given the
opportunity to briefly summarize your respective positions to the
Court. The Court will then determine of the ordinance was violated.
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| If the Court finds you Not Guilty, the case is concluded. If you
are found Guilty, the Court will impose a penalty, taking into
consideration the seriousness of the violation, the hazardous
conditions, if any, that may have existed at the time and your past
record. |
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| Either party has a right to appeal the decision to the Brown
County Circuit Court within twenty (20) days, and you may request a
jury trial on appeal. The appeal fee, forfeiture and costs must be
paid upon filing the appeal. |
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| DISPOSITIONS |
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| If you are found Guilty, whether by entering a plea of Guilty,
or No Contest or upon completion of a trial, the Court may impose a
forfeiture. Forfeitures are payable immediately. Please let the
Court know if you need more time to pay the forfeiture. The Court
will grant additional time to pay the forfeiture, in most
circumstances. The Court may send you to jail if you do not pay your
forfeiture and costs. The Court may also suspend your driving
privileges for up to two years for a failure to pay. |
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| In traffic cases, in addition to the forfeiture imposed by the
Court, the State Department of Transportation may assess demerit
points against your driving record. The Court will inform you of the
points involved in your case. The Department may suspend your
operating privileges when your driving record shows that you have
obtained or accumulated 12 points in 12 months |
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| RULES OF DECORUM |
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| When appearing in Court, either for your Initial
Appearance or your Trial the rules of proper decorum must be
followed. Quiet order must be maintained. No food or drink is
allowed. Hats must be removed. No smoking is allowed. Give others
courtesy to be heard and present their cases. If you fail to conduct
yourself in an orderly manner, you may be cited for contempt. |
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