INITIAL APPEARANCE: ADULTS
An initial appearance for an adult charged with violating a City of Middleton ordinance generally is held every other Thursday night, commencing at 6:30 p.m. Your citation will indicate the specific date.
When you arrive at Court, please print your name on the "sign-up" sheet. All names are called according to the order listed on the "sign-up" sheet. When your name is called, you should approach the bench. The Judge will read to you the pertinent parts of the citation, such as the charge, date of the alleged violation, and other key information. Then, you will be asked to enter a plea of not guilty, no contest, or guilty. You can request a continuance of your court appearance, if you need additional time to consult an attorney or someone else whose advice you rely upon.
If you enter a not guilty plea, the next stage of the legal process is a Pre-Trial Conference. Please see the Pre-Trial Conferences page on the Municipal Court website. If you wish to enter a not guilty plea without appearing in Court for your initial appearance, you must mail, fax, or email your not guilty plea to the Court prior to the scheduled date. If you enter a not guilty plea by mail, fax, or email, provide your name, current mailing address, current telephone number, and the citation number.
If you plead either no contest or guilty, the Judge will find you guilty and impose a sentence. Usually, the sentence will be imposed the same night as the initial appearance. However, sometimes the Judge will schedule a sentencing hearing for a separate date. A plea of no contest means you are telling the Court that you are not admitting you are guilty but there is enough evidence to find you guilty. A plea of guilty means you are telling the Court that you are guilty as charged. If you are found guilty after entering a no contest plea, that finding cannot be used against you as an admission of guilt if you appear in any other court action.
Oftentimes, someone prefers to enter a no contest plea or a guilty plea and then make a statement to the Court about his/her version of what happened on the date in question. The Judge will listen to such statements before any sentence is imposed.
If you fail to appear in Court for your initial appearance, and you have not entered a written plea of not guilty, previously paid the deposit amount of your citation, or obtained a continuance for another date, the Court will enter a default judgment against you. You will receive a notice of default judgment in the mail.
If you fail to comply with the sentence imposed by the Court, a non-compliance hearing/indigency hearing will be scheduled. You will have an opportunity to explain your failure to comply with the Court's order. Failure to comply with a Court order may lead to a suspension of your driver's license or a commitment to the Dane County Jail.
You may have an attorney assist you, but you will have to provide your own attorney. The Court will not appoint an attorney for you.
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