This may be your first appearance in court, and since most people are concerned and perhaps upset about appearing in court, we would like to provide you with information to help you understand the procedures. Remember that you are in a Court of Law. While you are waiting for your case to be heard, please remain quiet when court is in session and give others the courtesy to be heard while they present their case. Please silence all electronic devices and remove hats.
At the beginning of the court session, the Judge will explain court procedure.
Initial Appearance: You will be called in the order that you checked in with the Court Officer. When your case is called, please come forward to the table in front of the bench and have a seat. The Court will advise you of the charge, maximum penalties and whether points may be assessed against your driving record. You may ask procedural questions, but the Court may not give you legal advice. You will then be asked to enter a plea. (see
City of Lake Mills - Court Definitions & FAQ's)
Upon a plea of either No Contest or Guilty, you will be given an opportunity to inform the Court of any extenuating circumstances regarding the charge(s). The Court will review the record and impose a penalty in accordance with the law. If you cannot immediately pay the penalty, the Court can grant additional time to pay.
Upon a plea of
Not Guilty, the Court will then set your case for a pretrial conference with the City or Town Prosecutor, at a later date and time. You will be notified of your pretrial date and time by mail. (
City of Lake Mills - Court Forms)
Note: If you wish to plead "Guilty" or "No Contest" you do not need to appear on the court date set, the court will enter a plea of no contest on your behalf, find you guilty by default, and impose a forfeiture. A notice will be mailed to you, and you will be given a due date to pay the forfeiture (approximately 60 days).
Pretrial: At the pretrial conference, you will discuss the charges with the City or Town Prosecutor and attempt to reach an agreement. If an agreement is reached, it will be presented to the Judge for final approval. If the case is not resolved, it will be set for trial.
Trial: At a Court trial, you, as well as the prosecution, will present your case before the Judge. You will need to prepare your defense and gather evidence prior to the trial. At trial you must present evidence, provide any witness, and witness testimony that would help in your defense. The prosecution will produce its evidence and witnesses to testify as to the facts and circumstances surrounding your case. You will have an opportunity to cross-examine each witness. When the prosecution has completed its case, you will be given the opportunity to present evidence and testimony 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 a brief statement. Thereafter, the Court will determine your innocence or guilt. If the Court finds you not guilty, the case will be dismissed. If you are found guilty, the Court will impose a penalty. If you are found guilty after a trial, you have the right to appeal the decision to the Circuit Court within 20 days after judgment. You will be given written instructions in court.