Pleas & Sentencing
Initial Appearance & Pleas
If you choose to come to court for an initial appearance, you will first enter a plea:
- Guilty - Admitting guilt to the violation. You will appear before the judge and forfeiture will be assigned.
- No contest - Indicates you do not wish to contest the charge; the judge must find you guilty upon a no-contest plea, but the plea cannot be used as evidence against you in a civil suit for damages. You will appear before the judge and forfeiture will be assigned.
- Not guilty - Indicates you would like to contest the citation. A pre-trial will be scheduled, and you will meet with the prosecutor. Here, a forfeiture may be assigned, another pre-trial may be scheduled, or there may be a motion for a trial.
Failure to appear in court or paying your forfeiture before court will result in a default judgment entered against you with a plea of no contest. The finding will be guilty.
Vacate & Reopen Cases
If a default judgment has been entered against you for non-appearance, you may motion to have your citation vacated and reopened. You will need to submit a written request within six months of judgment. Your written request should include:
- Name, address, phone number, social security number
- Citation number
- Why you missed your initial court appearance
- Why you wish to have your case reopened
There is a fee assessed for each citation you wish to have reopened within statutory time limits in addition to the citation’s forfeiture. When the court receives your request, it will be reviewed by the judge and you will be advised of his decision either way. All responses are given in writing from the court.
The prosecutor for the City of Muskego will present evidence and then the defendant (you or your attorney) will present evidence. The judge will make a determination of guilt after both sides present their evidence. Should you be found not guilty, the citation will be dismissed. Should you be found guilty, you will:
- Pay the forfeiture as determined by the judge.
- Have 20 days to appeal the case.
Appeal Trial Judgment
Written Notice of Appeal to the MUNICIPAL COURT within twenty (20) days after date of conviction (Entry of Judgment). Must indicate one (1) of the below options:
- NEW TRIAL TO CIRCUIT COURT JUDGE: Appeal Fee plus bond
- NEW TRIAL TO JURY: Appeal Fee, bond and $36.00 Jury Fee
- REVIEW OF TRANSCRIPT OF MUNICIPAL COURT PROCEEDINGS BY CIRCUIT COURT JUDGE: Appeal fee, bond, and NON-REFUNDABLE transcript fee. You MUST pay actual transcript costs before the Hearing date.
Contact Municipal Court, 262-679-4114, Monday through Friday, excluding holidays, 8:30 AM to 4:00 PM to obtain the actual amount of the Non-Refundable Appeal Fee.
- Cash bond (total amount of judgment) or bond set and approved by the Municipal Judge.
- Appeals MUST be given to the Circuit Court by the Municipal Court.
- Default judgments cannot be appealed.
- Other relief from a Municipal Judgment may be obtained pursuant to Section 800.115 of the Wisconsin Statutes.