Court Clerk: Sandi Soucie (262) 728-5585 x. 114
City of Delavan Municipal Building
123 S. Second Street
PO Box 465
Delavan, WI 53115
Fines and Parking Tickets Payment Options
Make payments at the Municipal Building, 123 South 2nd Street, Monday – Friday between the hours of 8:00 am – 4:30 pm, or mail payments to the City of Delavan – Municipal Court, 123 South 2nd Street, P.O. Box 465, Delavan, WI 53115. Acceptable methods of payment in person are cash or check. For payments by credit card go to www.GovPayNow.com. For more information contact the City of Delavan Municipal Court Clerk, (262) 728-5585 extension 114.
Your Rights as a Defendant
This may be your first visit to this Court, and it is our desire that you be fully advised of your rights and the Court’s procedure. The Initial Appearance session of the Court is primarily for the purpose of taking your plea to the alleged violation of the law.
- When your name is called, come forward promptly to a position in front of the bench facing the Judge.
- The Court will inform you of the exact charge against you; the range of possible penalties including points that may be imposed in traffic cases; and, will request that you enter a plea of not guilty, guilty, or no contest.
- If this is your initial scheduled appearance date, you have the right to request a continuance, which can be used to consult with your attorney, to the Judge on the night of the Initial Appearance.
Entering a Plea
- If you enter a plea of GUILTY, you are admitting that you committed the offense, and if the arrest report contains the necessary elements, you will be found guilty and a penalty will be imposed.
- If you enter a plea of NO CONTEST, you are neither pleading guilty nor not guilty, but merely want to have the matter resolved and pay the penalty. The effect of this plea is that you will be found guilty, but you will not be admitting your civil liability for use in other litigations, which should be expected where personal injury or property damage is involved.
- If you enter a plea of NOT GUILTY, you deny committing the offense. The matter will be adjourned to a later court date for a Pre-Trial.
If you plead not guilty, you may request that a Pre-Trial be conducted, at a later Court date, so that you can discuss possible settlement with the Prosecutor. You are not required to have a Pre-Trial, but if you request a Pre-Trial, your personal appearance is mandatory. The Judge does not participate in the Pre-Trial hearings, nor does he have to accept any negotiated or amended charge.
Failure to Appear
If you fail to appear in Court for your initial appearance, you will automatically be found guilty and a default judgment will be entered against you. If no bond was posted, you will receive a notice of default judgment in the mail stating the forfeiture amount due and the due date. Usually the Judge will grant up to 60 days to pay the forfeiture amount listed on your citation. If you posted the bond when receiving your citation, the money posted will be forfeit.
Only if you have been charged with the offense of Operating a Motor Vehicle While Under the Influence of an Intoxicant, are you entitled to a Jury Trial on a plea of not guilty. You must file a written request for a 6-person jury trial within ten (10) days of your initial appearance; post the jury fee; and, post your bond. Failure to comply with the above will result in a trial to this Court.
All Trials, except non-traffic juvenile cases are public Trials. You have the right to retain your own attorney, and to subpoena witnesses. You are presumed innocent and will be convicted only if evidence is clear, convincing and satisfactory that you committed the violation with which you have been charged. All witnesses must testify in person under oath.
The prosecution will produce its witnesses to testify as to the facts and circumstances surrounding your alleged violation. You or your lawyer will be permitted to cross-examine each witness that testifies. When the persecution has completed its case, you and your witnesses will be given the opportunity to testify and will be subject to cross-examination by the prosecutor.
The Rules of Civil Procedure and Evidence will be followed.
After all the evidence has been presented, the prosecution and the defense will be given an opportunity to summarize, by brief argument, their respective cases to the Court. Thereafter, the Court will decide, based upon testimony, the evidence and the law whether to find you guilty or not guilty.
If the Court finds you not guilty, you will be discharged and the complaint against you will be dismissed. If you are found guilty, the extend of the penalty is dependent upon the circumstances surrounding the violation and your past record.
One continuance will be granted to the defendant. The request for a continuance must be made to the Judge at least 72 hours before the scheduled time for the trial.
Relief from Judgment
- Either party has a right to appeal a municipal court decision to the Walworth Country Circuit Court. A plea of no contest or guilty, or a default judgment may not be appealed.
If you decide to appeal, you must do so by filing a written notice of appeal with the Municipal Court within twenty (20) days of the date of your conviction (judgment).
At the same time, you must remit appellate fees payable to “Clerk of Courts, Walworth County”. New trials in the Circuit Court are tried without a jury unless you request a jury trial in your Notice of Appeal. Upon payment of the appellate fee, jury fee and the amount of your penalty, you will then receive a six-person jury trial in the Circuit Court.
- You may have a right to file a motion to re-open a judgment within six (6) months of the judgment only for a good cause and upon payment of the reopening fee.
Helpful Links and Frequently Asked Questions:
If I can’t make it to my court date, can I get a continuance?
The Court may grant one continuance of your initial appearance, as long as you call prior to your Court date to reschedule.
I didn’t pay my fines and now I’m suspended. How do I get my license back?
You must first pay your forfeiture(s) to the Court. Assuming you do not have any further suspension(s) for failure to pay forfeiture(s) with any other agency on your record, you will be eligible to reinstate your driving privileges with the Department of Transportation. This process may take from one to three business days. Be aware you must pay a fee to reinstate your driving privileges with the DOT before your driver’s license will be considered valid.
How long will this traffic charge remain on my record?
The points will remain on your record for one year from the date of the violation. The actual charge will remain on your record for five years, unless the charge is Operating While Intoxicated, which will remain on your record for 10 years or more.
How can I get my points reduced? Is there any schooling?
If you are found guilty of a traffic violation, you may have demerit points assessed to your Wisconsin driving record. The court will report the conviction to the Department of Transportation. They will assess the number of demerit points against your record, depending on the charge. Points double for any second or subsequent offense on a probationary license. If you accumulate 12 or more points in a one year period by date of violation(s), your driver’s license will be suspended or revoked. To find out how may points you have accumulated, you must contact the Department of Transportation at (608) 266-2261.
If you wish to reduce your demerit points on your driving record, you may attend an approved traffic safety school once every three years, one of which is conducted at Gateway Technical College. This procedure does not apply if your current violation results in revocation or suspension, or if school was ordered in lieu of revocation for operating under the influence. Application for point reduction school can be made at any state vocational school.