Municipal Court
Location & Hours
Municipal Court is held in the upper level of the Village
Hall at:
1150 W. Washington Avenue
Cleveland, WI 53015
Phone: 920-693-3442
Court@Clevelandwi.gov
Municipal Court Clerk Hours: Monday - Thursday 8:00 A.M.
- 4:00 P.M.
What to Expect in Court
Since most people are concerned about appearing in court,
I offer the following rules and procedures to help you understand
how the court functions. The court has jurisdiction of traffic
and non-traffic ordinances in this municipality. You have
a right to be represented by an attorney, or you may go ahead
without one. If you want an attorney, you must retain one
at your own expense. The court will not provide you
with an attorney.
INITIAL APPEARANCE
At the initial appearance, the defendant may enter a plea.
Only those cases where the defendant enters a Guilty or No
Contest plea will be heard. Where the defendant enters a Not
Guilty plea, the case will be scheduled for a pre-trial conference
for a trial at a later date. Failure to appear at the pre-trial
conference will result in a judgment of Guilty by Default
entered against the defendant. At the trial, the village attorney
will be present, along with witnesses. You should also have
your witnesses present at that time. If you are cited for
a violation of Driving While Intoxicated and plead Not Guilty,
you may request a Jury Trial before the County Circuit Court.
A timely written request and payment of the required fees
must be made within ten (10) days of the initial appearance.
PLEAS
- If you plead Guilty it is an admission
of the charges against you. Forfeiture plus costs may be
imposed. You will be given an opportunity to tell me about
any mitigating circumstances surrounding the charge.
- A plea of No Contest is similar to a
plea of Guilty and I will treat it the same as a Guilty
plea. However, you will not be admitting your civil liability
for use in other litigation, which should be expected where
personal injury or property damage is involved.
- If you plead Not Guilty it means you
feel the charge against you is not correct. If you are in
doubt as to which plea to enter, I suggest you plead Not
Guilty or ask for an adjournment so you can review your
case and make an intelligent plea at the adjourned date.
If you plead Not Guilty, the municipality must prove your
guilt by “clear and convincing evidence”. In
short, the facts proven by the municipality must indicate
that it is highly probable that you committed
the ordinance violation.
TRAFFIC VIOLATION
If you are found Guilty of a traffic offense, in addition
to any judgment made by the court, the State Department of
Transportation may assess demerit points against your driving
record, which may result in the suspension or revocation of
your driver’s license. The assessment of 12 demerit
points in one year shall result in the loss of your license.
Any person holding a probationary license will be assessed
double demerit points for the second and all subsequent violations.
Juveniles cited for traffic ordinance violations are subject
to the same forfeitures and court procedures as adults.
JUVENILES
The Municipal Court has jurisdiction of persons between 12
and 18 years of age charged with non-traffic ordinance violations.
Juveniles have the same rights as adults with respect to pleas.
They have a right to a private (closed) hearing, but may waive
this right. A money judgment may be entered against a juvenile
found Guilty of a non-traffic ordinance violation. Such judgments
are less then those authorized for adults. If the juvenile
fails to pay the judgment, his/her driver’s license
shall be suspended for up to 2 years. If the offense is alcohol
related, the driver’s license of the defendant will
be suspended regardless of payment.
COURT CONDUCT
This is a court of law and the rules of proper decorum and
evidence will be followed. Please remain quiet while the court
is in session and give others the courtesy to be heard and
present their case. Smoking is prohibited in the courtroom.
Persons who fail to conduct themselves in an orderly manner
shall be cited for contempt.
TRIALS
The trial procedure is as follows: The prosecution will produce
its witnesses to testify as to the facts and circumstances
surrounding your case. You or your lawyer will 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 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 brief
argument. Thereafter, the Court will determine your innocence
or quilt. If the court finds you Not Guilty, you will be discharged
and the complaint against you dismissed. 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.
If necessary, you may have up to 60 days to pay the forfeiture
and costs.
APPEALS
If you are found Guilty after trial, you have the right to
appeal your case to the County Circuit Court. All appeals
must be filed in writing within 20 days after judgment. If
you fail to meet this time limit, you have lost your right
to appeal. Appeal fee, forfeiture and costs must be posted
upon filing the appeal.
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