New Holstein Municipal Court
2110 Washington Street
New Holstein, WI 53061

Telephone (920) 898-5766 
Fax (920) 898-1504 

Since most people are concerned about appearing in court, this is offered to help you understand court procedure. This court has jurisdiction over traffic and non-traffic ordinance violations in the City of New Holstein. You have a right to be represented by an attorney. If you want an attorney, you must retain one at your own expense. The court cannot provide you with a Public Defender, regardless of your economic status.

COURT CONDUCT

This is a court of law and the rules of proper decorum will apply. Please remain quiet while the court is in session. This is a courtesy to other defendants as well as the court. Persons who fail to conduct themselves in an orderly manner may be cited for contempt.

Court Room Etiquette DO's & DON'TS in the court room.
DO act with respect to the court.
DO answer when your name is called.
DO have your case ready on trial day.
DO bring all your witnesses to court on trial day.
DO have your attorney present, if needed.
DON'T be late for your court date.
DON'T wear a hat in the courtroom.
DON'T chew gum or eat in court.
DON'T talk out of turn or disrupt the court.

INITIAL APPEARANCE

When your name is called by the Judge, please move promptly to a position in front of the bench. The Judge will then inform you of the charge or charges you are facing.  The Judge will then ask how you plea to the charge or charges.

Defendants who plead Not Guilty will be assigned a pretrial date and be released. At the pretrial hearing, each defendant will have an opportunity to discuss their case with the City Attorney and a police officer. The purpose of this hearing is to try and settle cases prior to trial. If you fail to appear at the pretrial hearing set for you by the court, a guilty by default judgment will be entered against you.

Defendants who plead Guilty or No Contest will be given an opportunity to make a brief statement. The Judge will then review the police reports and, depending on the seriousness of the present charge and any prior record of relevant offenses, may impose an appropriate forfeiture (fine). Payment of a fine may be deferred for a reasonable time (up to 60 days) if requested by the defendant. If you fail to pay your forfeiture, a warrant will be issued for your arrest, you may be committed to jail for up to ninety (90) days and/or have your driver's license suspended for up to two(2) years. If you have an out of state license, this sometimes does affect your license in your home state. If the offense is alcohol related your driving privileges will be suspended whether paid in full or not.

PLEAS

At the initial appearance, a defendant may enter one of the following pleas:

• If you plead GUILTY, it is an admission of guilt to the charge or charges against you.

• A plea of NO CONTEST means that you do not wish to contest the charge or charges against you. Although such a plea will result in your conviction, you will not be admitting any liability should there be a subsequent lawsuit filed in Calumet County Circuit Court for personal injury or property damage arising from the incident for which you were cited. An example of this would be a traffic accident. If you were the driver who was charged with failure to yield the right-of-way, a No Contest plea to this charge is not an admission of guilt, and could not be used against you in any lawsuit for damages arising from the accident.

When pleas of Guilty or No Contest are made, a forfeiture (fine) will be assessed against you. Before this is done, you will be given an opportunity to tell the Judge about any mitigating circumstances surrounding the charge which might affect the amount of the forfeiture imposed.

• If you plead NOT GUILTY, it means that you feel you have some defense to the charge or believe it is incorrect. If you are in doubt as to which plea to enter, it is suggested that you plead Not Guilty.

TRAFFIC VIOLATIONS

If you are found Guilty of a traffic offense, in addition to any judgment imposed 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 or more demerit points in one year will result in the loss of your license.

Any person holding a probationary license will be assessed two (2) additional 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. For  information on demerit points.
 

JUVENILES

The Municipal Court has jurisdiction over persons between 12 and 17 years of age. Juveniles have the same rights as adults with respect to pleas. They  have  a private (closed) hearing. A forfeiture may be entered against a juvenile found Guilty of a traffic or non-traffic ordinance violation. If the juvenile is found Guilty of a traffic violation and fails to pay the forfeiture they may have his/her driver's license may be suspended for up to two (2) years. If the juvenile is found Guilty of a non-traffic ordinance violation, a forfeiture may be imposed. If the juvenile fails to pay the forfeiture, his/her license may be suspended for up to two (2) years. If the offense is alcohol related, the driver's license of the defendant will also be suspended.

TRIALS

It is the prosecutor (City Attorney) who bears the burden of proving the case against each defendant by clear, convincing and satisfactory evidence.

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 Judge will determine the validity of the charges.

If the Judge finds you Not Guilty, you will be discharged and the citation dismissed. If you are found Guilty, the judge will impose a forfeiture, taking into consideration the seriousness of the violation and your past record. If necessary, you may have up to sixty (60) days to pay the forfeiture and costs.

APPEALS

If you are found Guilty, you have the right to appeal your case to the Calumet County Circuit Court. All appeals must be filed in writing in the Municipal Court office within twenty (20) days after a Guilty finding is entered. If you fail to meet this time limit, you lose your right to appeal. The appeal fee, forfeiture and costs must be posted upon filing the appeal. You have the right to a Jury Trial on appeal, upon payment of appropriate fees.

BY THE COURT:
David Ditter
Municipal Judge