COPING WITH YOUR FORFEITURE/ORDINANCE VIOLATION
Most citations are not criminal charges; that is, a conviction cannot result in
imprisonment.
Nonetheless, a conviction may mean a hefty fine and loss of your driver's license (for non-Wisconsin
drivers, your privilege to drive in Wisconsin).
Citation procedures will vary from county to county, so call the Clerk of Court for the county
where you must appear to double check.
Typical non-criminal citations include most traffic offenses, first offense operating while under
the influence of an intoxicant (OWI/BAC; DUI; DWI), operating after suspension or revocation, underage
drinking citations (including on the premises), and those citations where the prosecution is the City
of...Village of...or County of....
If you are charged with a crime, at some point you will be given a document titled "Criminal
Complaint." Get an attorney! Do not speak with law enforcement or the prosecuting attorney! Do not enter
a plea unless required by a judge and then state your desire to have an attorney and plead "not guilty."
If approached by the police (law enforcement), or the prosecution, refer them to your attorney. Then stop
talking. You may qualify for an attorney through the public defender's office. You should contact the
Public Defender's Office to find out if you quality.
In general, regardless of the facts behind your citation, you are better off not speaking to law
enforcement after you have been arrested, been told you will be given a citation, or have received a
citation. You must generally tell law enforcement your name, age, address, health (but not state of
intoxication or consumption), and information about offenses in which you are not involved. If you have any
doubt, state (don't ask) that you want to speak to an attorney first.
Also, in general, you will be better off if you hire an attorney to represent you (if money is not
an issue), if you plead "not guilty," and demand a jury trial. This does not mean there will be a jury
trial but you should ask for a jury trial early on as there are time limits to request a jury trial so as
to preserve your right.
Look at your citation. In one corner you will find the date and time for you to appear. This is
your "first appearance" date. This is not a trial date. This date is for you to plead guilty or not
guilty. If you don't appear, a guilty judgment will be entered against you. It is not a time to discuss
your case, complain about the police, the court, the system, others who weren't charged, etc., or to
negotiate.
PLEAD "NOT GUILTY"
Go to the Clerk of Court's office with your citation, anytime between 8:30 a.m. and 4:30 p.m.
before the day of your first appearance date. Tell the clerk you wish to plead not guilty. Then fill out
the form s/he gives you.
Appear at the courthouse on the day and time stated on your citation, sign in, wait in the
courtroom for your name to be called. When your name is called, stand up and tell the judge you plead "not
guilty."
TWO QUESTIONS
I. Do you want a jury trial? If you do, you must do two things within 10 days of when you
plead not guilty.
1. Deliver a written demand for a jury trial to the clerk.
2. Pay the jury fee. $ 36.00 for a six person jury (non-refundable)
II. Do you want an attorney? If you do, hire the attorney as soon as possible.
NEGOTIATING
Three weeks after your first appearance date (regardless of when you plead not guilty), call the
prosecutor to discuss a possible settlement.
Tips:
1. Don't argue your case, the facts, or the law.
2. Focus on your objective (usually to save money).
3. Don't threaten, argue with, or insult the prosecutor.
4. Be polite and humble.