Court Procedures

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All court proceedings will take place at the Municipal Services Center located at 12781 Velp Avenue, Suamico, WI  54313.  The Court Clerk, Leanne Tomaschefsky, can be reached at (920) 544-8711 during her office hours of 8:00 a.m. to 4:30 p.m. weekdays.  You can also communicate with the Court Clerk via email, leannet@suamico.org, or via fax at (920) 544-8495.

Since this may be your first visit to this Court and it is our desire that you be fully advised of your rights and of this Court's procedures, please take the time to read this information.  It will give you important insight about what is happening with your case.

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.

Initial Appearance

At the initial appearance, you are expected to enter a plea of Guilty, No Contest, or Not Guilty.

When you enter a plea of Guilty, you are admitting that you committed the offense.  In most cases, a penalty will be imposed immediately.

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 a No Contest plea cannot be used against you in any other action or in any other Court.

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.

If you are cited for a violation of OWI or BAC, you 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.  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.

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.

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.

Trial

A trial will be conducted if you have pled Not Guilty and if you have not been able to settle your case during the pretrial conference.

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 attorney will then 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 an opportunity to briefly summarize your respective positions to the Court.  The Court will then determine if the ordinance was violated.

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 condition, if any, that may have existed at the time, and your past record.

Either party has a right to appeal the decision to the 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.

Dispositions

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 should be paid immediately.  Please let the Court know if you need more time to pay this 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 (2) years for a failure to pay.

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 twelve (12) points in twelve (12) months (violation date to violation date). To check your driving license status go to WisconsinDMV.gov.

Rules of Decorum

This is a court of law, and 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 the courtesy to be heard and present their cases.  If you fail to conduct yourself in an orderly manner, you may be cited for contempt.