Darien Municipal Court

 

 

General Information

The Village of Darien holds Municipal Court sessions twice monthly, unless schedule conflicts require changes. Any changes will be published in a timely manner. The information provided is to help you to understand how the Court functions. It is our desire that you be fully advised of your rights and the Court procedures.

The Court has jurisdiction over traffic and non-traffic ordinance violations occurring in the Village of Darien. Forfeiture violations adopted as local ordinances do not require the Village of Darien to provide you with legal counsel. Attorney representation is at your expense.

The City of Delavan Police Department is contracted to enforce Village of Darien traffic and non-traffic ordinances.  The Village of Darien Municipal Court telephone number is 262-882-5050. Business hours are Mon. – Fri. between the hours of 8:00 a.m. and 4:00 p.m. excluding holidays. Voice mail will archive calls made outside of business hours.
 
Court Appearances:  Out of respect for the Court, hats must be removed, and smoking and eating are prohibited.  Cellular phones and pagers must be silenced when court is in session.  Please remain quiet and respect the rights and needs of others.  Disruptive children should be removed from the Courtroom when Court is in session.  Failure to conduct yourself in an orderly manner may result in you being removed from the Courtroom, or charged with contempt of court. 
 
       

MUNICIPAL COURT APPEARANCES:

2nd Tuesday of Each Month:

     4:00 pm:  ALL JUVENILE APPEARANCES

                    TRAFFIC (ages under 16)

                     NON-TRAFFIC (ages under 17)

     5:00 pm:   INITIAL APPEARANCES AND PRE-TRIALS

                     TRAFFIC (ages 16 and above)

                     NON-TRAFFIC (ages 17 and above)

     6:00 pm:  GOOD CAUSE / POVERTY HEARINGS

                     (A summons will be issued requiring your appearance)

                          Location:  DARIEN VILLAGE HALL

                                          24 N. WISCONSIN ST.

TRIALS BEFORE THE COURT ARE ON THE 3RD TUESDAY OF EACH MONTH AT 5:00 pm
(unless otherwise notified)
 
Location:  DARIEN VILLAGE HALL
24 N. WISCONSIN ST.

 

INITIAL APPEARANCE

You must appear if you are charged with operating a motor vehicle while intoxicated, operating with a license that is not valid, suspended, revoked, or cancelled, no insurance, or if you are charged with an offense resulting in injury to a person or damage to property. Your citation will indicate that you MUST APPEAR. Failure to appear in court for the above violations may result in a bench warrant for your appearance in court, a commitment order for confinement, imposition of maximum forfeitures, or suspension or revocation of operator license privileges. If a traffic forfeiture conviction places you in a position of accumulation of 12 or more points assessed to your driving record in a 12-month period, it is recommended that you make your initial appearance court date.

Appearance not required: Excluding the above violations, you do not have to appear in municipal court if you make payment plan arrangements with the court clerk prior to your initial court date. Exercising this option will result in default judgments, and payment of the forfeiture amounts indicated on the face of the traffic or municipal court citations.

Entering a Plea

GUILTY An admission that violations requiring your appearance have a basis in fact, and you are accepting responsibility for your actions.

NO CONTEST may be substituted for a GUILTY plea when the violations requiring your appearance include damage to property, or injury to another/ other person(s). This plea cannot be used against you in further judicial proceedings.

NOT GUILTY will result in a future trial date before the Court, along with a  recommendation to review your case with the Village Prosecutor.

 Continuance:

You have a one time option to request a continuance of your initial appearance court date. The continuance will require your appearance on the following court calendar date for (MUST APPEAR) citations. A continuance is requested by contacting the municipal court clerk a minimum of five (5) business days from your first initial court appearance date.

Pre-trial conferences:

Generally, the Village prosecutor will be in court at the time of initial appearance court dates. You may meet with the prosecutor to determine whether a settlement of your case is possible. The municipal judge will then review any stipulation or agreement in your presence to determine fairness, and assure that you are generally in agreement with the case disposition.

Payment Plans:

The court will grant you reasonable time to pay forfeitures and restitution (if restitution is deemed necessary). While the court understands priorities regarding economic issues, reasonable efforts must be made to comply with court orders. Community service options are available as an alternative to payment of forfeitures. This option should be discussed with the court at the time of your initial appearance. Unless other arrangements are made, you will have a minimum of sixty (60) days to pay forfeitures and court costs.

Pay Your Municipal Citation Online Here

 

Trial

All Municipal Court hearings, except juvenile non-traffic (ages 12 through 16), and traffic (ages 12 through 15), are open to the public. You may retain your own attorney and subpoena witnesses having direct knowledge of the alleged violations. You may also present direct physical evidence, examine and cross examine witnesses, and challenge all evidence presented. You are presumed innocent and will be convicted only if evidence is clear, satisfactory, and convinces the judge to a reasonable certainty that you committed the violation for which you have been charged. All witnesses must testify in person and under oath. Rules governing civil procedure and evidence will be followed. After all evidence has been presented, the prosecution and defense will be given an opportunity to summarize by brief argument to the Court. Thereafter, the Court will make a decision, based the finding of facts, and on conclusion of law as to the final verdict.

Right to appeal decision in Municipal Court: You have a right to appeal judgment to the Walworth County Circuit Court. Information regarding appeal will be provided to you upon request at the conclusion of your trial.

Operating While Intoxicated: You are entitled to a jury trial if charged with OWI/OCRS and have entered a not guilty plea. A written request must be filed for a 6 person jury trial within ten (10) days of your initial appearance and posting the jury fee. Unless excused by the Court at your initial appearance, you will be required to post your bond amount. Failure to comply with the above will result in a trial to this court before the municipal judge.

Interpreter services

Should you need an interpreter for any reason, it is necessary for you to contact the Court Clerk five (5) business days in advance so that arrangements can be made.

Suspension or revocation of operator licenses:

If your driving privileges are suspended or revoked for any reason, you must apply to the Wisconsin Department of Transportation and pay a fee to reinstate your driving privilege.

Suspended FPF: If you fail to pay a traffic forfeiture, the Court may suspend your operating privilege for a period not to exceed 1 year. If you pay the forfeiture before the period of suspension has ended, or if you wait the one year before driving, you must still apply to the Department of Transportation for reinstatement before your license is valid for you to drive. Any remaining forfeiture amount must be paid to the Court.

All court participants appreciate your compliance with the rules of the Court. If you have any questions or concerns about your appearance or court procedure, please address your concerns to the Court Clerk, Court Officer, or Prosecutor, in a manner not disruptive to Court proceedings.

 

By the Court:

 

Hon. M. Stiles

Municipal Judge

Village of Darien, WI.