State Codes and Statutes

Statutes > Wisconsin > 800 > 800.04

800.04

800.04 Initial appearance; stipulation of guilt; deposit.

800.04(1)

(1)

800.04(1)(a)

(a) When a defendant appears or is brought before a municipal court, the municipal judge shall read the charge as stated in the warrant, complaint or citation to the defendant and shall explain the range of penalties which may be imposed.

800.04(1)(b)

(b)

800.04(1)(b)1.

1. The court shall inform the defendant of all of the following:

800.04(1)(b)1.a.

a. That he or she may plead guilty, not guilty or no contest or may request a continuance.

800.04(1)(b)1.b.

b. The effect of a plea of no contest.

800.04(1)(b)1.c.

c. The right to a jury trial.

800.04(1)(b)1.d.

d. That if the violation involves an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both, and the violation resulted in damage to the property of or physical injury to a person other than the defendant, the court may order the defendant to pay restitution under s. 800.093.

800.04(1)(b)2.

2. The defendant shall plead to the charges and the municipal judge shall enter the plea in the court record. If the defendant refuses to plead, the municipal judge shall enter a plea of not guilty.

800.04(1)(c)

(c) If the defendant pleads guilty or no contest, the court shall convict the defendant of the offense charged and render judgment.

800.04(1)(d)

(d) If a defendant charged with the violation of an ordinance which is in conformity with s. 346.63 (1) or (5) pleads not guilty and within 10 days after entry of the plea requests a jury trial and pays the required fees, the municipal judge shall promptly transmit all papers and fees in the cause to the clerk of the circuit court of the county where the violation occurred for a jury trial under s. 345.43. The plea of not guilty and request for jury trial may be made by mail. If the person refused to take a test under s. 343.305 (3) and requested a hearing under s. 343.305 (9) to determine if the person's refusal was proper, the papers and fees involved in that action shall be transferred to the same circuit court, which shall conduct the refusal hearing. The amount of deposit set out in the citation shall accompany the mailed request. Upon receipt of the request, the circuit court shall set a time for trial. Any deposit made personally or by mail is forfeited upon nonappearance at the time set for trial. The required fee for a jury is prescribed in s. 814.61 (4).

800.04(1)(e)

(e) If the defendant agrees to immediate trial by the court, and the municipality is prepared for trial, the case may be tried immediately. If trial is not held immediately, the municipal judge shall then set a date for trial by the court or advise the defendant that he or she will later be notified of the date set for trial.

800.04(1)(f)

(f) If a trial by the court is not held immediately, the municipal judge may, in his or her discretion, schedule a pretrial conference before the court. Upon agreement by all parties, the parties may waive the pretrial conference. The court shall prepare a written order that contains the action taken at the pretrial conference and sets the trial date.

800.04(2)

(2)

800.04(2)(a)

(a) A municipal judge may release a defendant without a deposit.

800.04(2)(b)

(b) If the municipal judge determines that the defendant should not be released under par. (a) and the defendant is charged with a traffic or boating violation, the municipal judge shall release the defendant on a deposit in the amount established by the uniform deposit schedule under s. 345.26 (2) (a) or under s. 23.66. For other violations, the municipal judge shall establish a deposit in an amount not to exceed the maximum penalty for the offense, plus costs, fees, and surcharges imposed under ch. 814. If the judge in a 1st class city determines that a defendant appearing before the judge through interactive video and audio transmission should not be released under par. (a), the judge shall inform the defendant that he or she has the right to appear personally before a judge for a determination, not prejudiced by the first appearance, as to whether he or she should be released without a deposit. On failure of the defendant to make a deposit under this paragraph, he or she may be committed to jail pending trial only if the judge finds that there is a reasonable basis to believe the person will not appear in court.

800.04(2)(c)

(c) If the defendant has made a deposit under par. (b) or s. 800.03 and does not appear, he or she is deemed to have tendered a plea of no contest and submits to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the court finds that the violation meets the conditions in s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under s. 800.093. If the defendant fails to appear in response to the summons, the court shall issue a warrant under s. 968.09. If the defendant has made a deposit but does appear, the court shall allow the defendant to withdraw the plea of no contest.

800.04(2m)

(2m) If a defendant does not appear at the initial appearance, the court may issue a warrant to bring the defendant before the court. Upon proof of personal service of the summons or citation under s. 800.01 (1), or upon proof of service of the summons or citation under s. 801.11 (1) (b), the court may enter a default judgment by reason of the failure of a defendant to respond to a citation under s. 800.02 (2) (a) or a summons under s. 800.02 (4). If a warrant is issued for a defendant under this subsection, the defendant may be detained in jail prior to the initial appearance.

800.04(3)

(3)

800.04(3)(a)

(a) If the court accepts a plea of no contest or judgment is entered against a defendant by default, the defendant may move within 6 months after the date set for the appearance to withdraw the plea of no contest, reopen the judgment and enter a plea of not guilty upon a showing to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect.

800.04(3)(b)

(b) In this subsection, "default judgment" means only a judgment where there has been a plea of no contest and a forfeiture of a deposit.

800.04(3)(c)

(c) This subsection does not apply to actions involving general statutory counterpart ordinances. Those actions are subject to s. 800.115.

800.04(4)

(4) If a case is brought before a court that does not have jurisdiction, the case shall be transferred to the proper court.

800.04(5)

(5) Unless good cause to the contrary is shown, appearances referred to in this section may be conducted by telephone or by interactive video and audio transmission, if available. If testimony is to be taken under oath, the proceeding shall be reported by a court reporter who is in simultaneous voice communication with all parties to the proceeding. Regardless of the physical location of any party to the call, any plea, waiver, stipulation, motion, objection, decision, order or other action taken by the court or any party shall have the same effect as if made in open court. With the exceptions of scheduling conferences, pretrial conferences, and, during hours the court is not in session, the proceeding shall be conducted in a courtroom or other place reasonably accessible to the public. Simultaneous access to the proceeding shall be provided to persons entitled to attend by means of a loudspeaker or, upon request to the court, by making a person party to the telephone call without charge. The court may permit a hearing under this section to be conducted by telephone or by interactive video and audio transmission only if the defendant consents. The defendant's consent may be made by telephone.

800.04 - ANNOT.

NOTE: This section is repealed by 2009 Wis. Act 402, except subs. (1) (d), (2) (a), (b), and (c), and (2m) are renumbered to s. 800.035 (5) (c), (7) (a) and (b), (8), and (9) and amended, all effective 1-1-11.

800.04 - ANNOT.

History: 1977 c. 305; 1979 c. 32 ss. 68, 92 (17); 1979 c. 175 s. 50; Stats. 1979 s. 800.04; 1981 c. 183, 317; 1987 a. 27, 267, 389; 1989 a. 105, 107, 261; 1991 a. 39, 40, 189; 1993 a. 16; Sup. Ct. Order No. 95-10, 197 Wis. 2d xiii (1996); 1995 a. 224; 1997 a. 27; 1999 a. 9; 2001 a. 16; 2003 a. 139, 199; 2009 a. 402.

State Codes and Statutes

Statutes > Wisconsin > 800 > 800.04

800.04

800.04 Initial appearance; stipulation of guilt; deposit.

800.04(1)

(1)

800.04(1)(a)

(a) When a defendant appears or is brought before a municipal court, the municipal judge shall read the charge as stated in the warrant, complaint or citation to the defendant and shall explain the range of penalties which may be imposed.

800.04(1)(b)

(b)

800.04(1)(b)1.

1. The court shall inform the defendant of all of the following:

800.04(1)(b)1.a.

a. That he or she may plead guilty, not guilty or no contest or may request a continuance.

800.04(1)(b)1.b.

b. The effect of a plea of no contest.

800.04(1)(b)1.c.

c. The right to a jury trial.

800.04(1)(b)1.d.

d. That if the violation involves an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both, and the violation resulted in damage to the property of or physical injury to a person other than the defendant, the court may order the defendant to pay restitution under s. 800.093.

800.04(1)(b)2.

2. The defendant shall plead to the charges and the municipal judge shall enter the plea in the court record. If the defendant refuses to plead, the municipal judge shall enter a plea of not guilty.

800.04(1)(c)

(c) If the defendant pleads guilty or no contest, the court shall convict the defendant of the offense charged and render judgment.

800.04(1)(d)

(d) If a defendant charged with the violation of an ordinance which is in conformity with s. 346.63 (1) or (5) pleads not guilty and within 10 days after entry of the plea requests a jury trial and pays the required fees, the municipal judge shall promptly transmit all papers and fees in the cause to the clerk of the circuit court of the county where the violation occurred for a jury trial under s. 345.43. The plea of not guilty and request for jury trial may be made by mail. If the person refused to take a test under s. 343.305 (3) and requested a hearing under s. 343.305 (9) to determine if the person's refusal was proper, the papers and fees involved in that action shall be transferred to the same circuit court, which shall conduct the refusal hearing. The amount of deposit set out in the citation shall accompany the mailed request. Upon receipt of the request, the circuit court shall set a time for trial. Any deposit made personally or by mail is forfeited upon nonappearance at the time set for trial. The required fee for a jury is prescribed in s. 814.61 (4).

800.04(1)(e)

(e) If the defendant agrees to immediate trial by the court, and the municipality is prepared for trial, the case may be tried immediately. If trial is not held immediately, the municipal judge shall then set a date for trial by the court or advise the defendant that he or she will later be notified of the date set for trial.

800.04(1)(f)

(f) If a trial by the court is not held immediately, the municipal judge may, in his or her discretion, schedule a pretrial conference before the court. Upon agreement by all parties, the parties may waive the pretrial conference. The court shall prepare a written order that contains the action taken at the pretrial conference and sets the trial date.

800.04(2)

(2)

800.04(2)(a)

(a) A municipal judge may release a defendant without a deposit.

800.04(2)(b)

(b) If the municipal judge determines that the defendant should not be released under par. (a) and the defendant is charged with a traffic or boating violation, the municipal judge shall release the defendant on a deposit in the amount established by the uniform deposit schedule under s. 345.26 (2) (a) or under s. 23.66. For other violations, the municipal judge shall establish a deposit in an amount not to exceed the maximum penalty for the offense, plus costs, fees, and surcharges imposed under ch. 814. If the judge in a 1st class city determines that a defendant appearing before the judge through interactive video and audio transmission should not be released under par. (a), the judge shall inform the defendant that he or she has the right to appear personally before a judge for a determination, not prejudiced by the first appearance, as to whether he or she should be released without a deposit. On failure of the defendant to make a deposit under this paragraph, he or she may be committed to jail pending trial only if the judge finds that there is a reasonable basis to believe the person will not appear in court.

800.04(2)(c)

(c) If the defendant has made a deposit under par. (b) or s. 800.03 and does not appear, he or she is deemed to have tendered a plea of no contest and submits to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the court finds that the violation meets the conditions in s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under s. 800.093. If the defendant fails to appear in response to the summons, the court shall issue a warrant under s. 968.09. If the defendant has made a deposit but does appear, the court shall allow the defendant to withdraw the plea of no contest.

800.04(2m)

(2m) If a defendant does not appear at the initial appearance, the court may issue a warrant to bring the defendant before the court. Upon proof of personal service of the summons or citation under s. 800.01 (1), or upon proof of service of the summons or citation under s. 801.11 (1) (b), the court may enter a default judgment by reason of the failure of a defendant to respond to a citation under s. 800.02 (2) (a) or a summons under s. 800.02 (4). If a warrant is issued for a defendant under this subsection, the defendant may be detained in jail prior to the initial appearance.

800.04(3)

(3)

800.04(3)(a)

(a) If the court accepts a plea of no contest or judgment is entered against a defendant by default, the defendant may move within 6 months after the date set for the appearance to withdraw the plea of no contest, reopen the judgment and enter a plea of not guilty upon a showing to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect.

800.04(3)(b)

(b) In this subsection, "default judgment" means only a judgment where there has been a plea of no contest and a forfeiture of a deposit.

800.04(3)(c)

(c) This subsection does not apply to actions involving general statutory counterpart ordinances. Those actions are subject to s. 800.115.

800.04(4)

(4) If a case is brought before a court that does not have jurisdiction, the case shall be transferred to the proper court.

800.04(5)

(5) Unless good cause to the contrary is shown, appearances referred to in this section may be conducted by telephone or by interactive video and audio transmission, if available. If testimony is to be taken under oath, the proceeding shall be reported by a court reporter who is in simultaneous voice communication with all parties to the proceeding. Regardless of the physical location of any party to the call, any plea, waiver, stipulation, motion, objection, decision, order or other action taken by the court or any party shall have the same effect as if made in open court. With the exceptions of scheduling conferences, pretrial conferences, and, during hours the court is not in session, the proceeding shall be conducted in a courtroom or other place reasonably accessible to the public. Simultaneous access to the proceeding shall be provided to persons entitled to attend by means of a loudspeaker or, upon request to the court, by making a person party to the telephone call without charge. The court may permit a hearing under this section to be conducted by telephone or by interactive video and audio transmission only if the defendant consents. The defendant's consent may be made by telephone.

800.04 - ANNOT.

NOTE: This section is repealed by 2009 Wis. Act 402, except subs. (1) (d), (2) (a), (b), and (c), and (2m) are renumbered to s. 800.035 (5) (c), (7) (a) and (b), (8), and (9) and amended, all effective 1-1-11.

800.04 - ANNOT.

History: 1977 c. 305; 1979 c. 32 ss. 68, 92 (17); 1979 c. 175 s. 50; Stats. 1979 s. 800.04; 1981 c. 183, 317; 1987 a. 27, 267, 389; 1989 a. 105, 107, 261; 1991 a. 39, 40, 189; 1993 a. 16; Sup. Ct. Order No. 95-10, 197 Wis. 2d xiii (1996); 1995 a. 224; 1997 a. 27; 1999 a. 9; 2001 a. 16; 2003 a. 139, 199; 2009 a. 402.

State Codes and Statutes

State Codes and Statutes

Statutes > Wisconsin > 800 > 800.04

800.04

800.04 Initial appearance; stipulation of guilt; deposit.

800.04(1)

(1)

800.04(1)(a)

(a) When a defendant appears or is brought before a municipal court, the municipal judge shall read the charge as stated in the warrant, complaint or citation to the defendant and shall explain the range of penalties which may be imposed.

800.04(1)(b)

(b)

800.04(1)(b)1.

1. The court shall inform the defendant of all of the following:

800.04(1)(b)1.a.

a. That he or she may plead guilty, not guilty or no contest or may request a continuance.

800.04(1)(b)1.b.

b. The effect of a plea of no contest.

800.04(1)(b)1.c.

c. The right to a jury trial.

800.04(1)(b)1.d.

d. That if the violation involves an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both, and the violation resulted in damage to the property of or physical injury to a person other than the defendant, the court may order the defendant to pay restitution under s. 800.093.

800.04(1)(b)2.

2. The defendant shall plead to the charges and the municipal judge shall enter the plea in the court record. If the defendant refuses to plead, the municipal judge shall enter a plea of not guilty.

800.04(1)(c)

(c) If the defendant pleads guilty or no contest, the court shall convict the defendant of the offense charged and render judgment.

800.04(1)(d)

(d) If a defendant charged with the violation of an ordinance which is in conformity with s. 346.63 (1) or (5) pleads not guilty and within 10 days after entry of the plea requests a jury trial and pays the required fees, the municipal judge shall promptly transmit all papers and fees in the cause to the clerk of the circuit court of the county where the violation occurred for a jury trial under s. 345.43. The plea of not guilty and request for jury trial may be made by mail. If the person refused to take a test under s. 343.305 (3) and requested a hearing under s. 343.305 (9) to determine if the person's refusal was proper, the papers and fees involved in that action shall be transferred to the same circuit court, which shall conduct the refusal hearing. The amount of deposit set out in the citation shall accompany the mailed request. Upon receipt of the request, the circuit court shall set a time for trial. Any deposit made personally or by mail is forfeited upon nonappearance at the time set for trial. The required fee for a jury is prescribed in s. 814.61 (4).

800.04(1)(e)

(e) If the defendant agrees to immediate trial by the court, and the municipality is prepared for trial, the case may be tried immediately. If trial is not held immediately, the municipal judge shall then set a date for trial by the court or advise the defendant that he or she will later be notified of the date set for trial.

800.04(1)(f)

(f) If a trial by the court is not held immediately, the municipal judge may, in his or her discretion, schedule a pretrial conference before the court. Upon agreement by all parties, the parties may waive the pretrial conference. The court shall prepare a written order that contains the action taken at the pretrial conference and sets the trial date.

800.04(2)

(2)

800.04(2)(a)

(a) A municipal judge may release a defendant without a deposit.

800.04(2)(b)

(b) If the municipal judge determines that the defendant should not be released under par. (a) and the defendant is charged with a traffic or boating violation, the municipal judge shall release the defendant on a deposit in the amount established by the uniform deposit schedule under s. 345.26 (2) (a) or under s. 23.66. For other violations, the municipal judge shall establish a deposit in an amount not to exceed the maximum penalty for the offense, plus costs, fees, and surcharges imposed under ch. 814. If the judge in a 1st class city determines that a defendant appearing before the judge through interactive video and audio transmission should not be released under par. (a), the judge shall inform the defendant that he or she has the right to appear personally before a judge for a determination, not prejudiced by the first appearance, as to whether he or she should be released without a deposit. On failure of the defendant to make a deposit under this paragraph, he or she may be committed to jail pending trial only if the judge finds that there is a reasonable basis to believe the person will not appear in court.

800.04(2)(c)

(c) If the defendant has made a deposit under par. (b) or s. 800.03 and does not appear, he or she is deemed to have tendered a plea of no contest and submits to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the court finds that the violation meets the conditions in s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under s. 800.093. If the defendant fails to appear in response to the summons, the court shall issue a warrant under s. 968.09. If the defendant has made a deposit but does appear, the court shall allow the defendant to withdraw the plea of no contest.

800.04(2m)

(2m) If a defendant does not appear at the initial appearance, the court may issue a warrant to bring the defendant before the court. Upon proof of personal service of the summons or citation under s. 800.01 (1), or upon proof of service of the summons or citation under s. 801.11 (1) (b), the court may enter a default judgment by reason of the failure of a defendant to respond to a citation under s. 800.02 (2) (a) or a summons under s. 800.02 (4). If a warrant is issued for a defendant under this subsection, the defendant may be detained in jail prior to the initial appearance.

800.04(3)

(3)

800.04(3)(a)

(a) If the court accepts a plea of no contest or judgment is entered against a defendant by default, the defendant may move within 6 months after the date set for the appearance to withdraw the plea of no contest, reopen the judgment and enter a plea of not guilty upon a showing to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect.

800.04(3)(b)

(b) In this subsection, "default judgment" means only a judgment where there has been a plea of no contest and a forfeiture of a deposit.

800.04(3)(c)

(c) This subsection does not apply to actions involving general statutory counterpart ordinances. Those actions are subject to s. 800.115.

800.04(4)

(4) If a case is brought before a court that does not have jurisdiction, the case shall be transferred to the proper court.

800.04(5)

(5) Unless good cause to the contrary is shown, appearances referred to in this section may be conducted by telephone or by interactive video and audio transmission, if available. If testimony is to be taken under oath, the proceeding shall be reported by a court reporter who is in simultaneous voice communication with all parties to the proceeding. Regardless of the physical location of any party to the call, any plea, waiver, stipulation, motion, objection, decision, order or other action taken by the court or any party shall have the same effect as if made in open court. With the exceptions of scheduling conferences, pretrial conferences, and, during hours the court is not in session, the proceeding shall be conducted in a courtroom or other place reasonably accessible to the public. Simultaneous access to the proceeding shall be provided to persons entitled to attend by means of a loudspeaker or, upon request to the court, by making a person party to the telephone call without charge. The court may permit a hearing under this section to be conducted by telephone or by interactive video and audio transmission only if the defendant consents. The defendant's consent may be made by telephone.

800.04 - ANNOT.

NOTE: This section is repealed by 2009 Wis. Act 402, except subs. (1) (d), (2) (a), (b), and (c), and (2m) are renumbered to s. 800.035 (5) (c), (7) (a) and (b), (8), and (9) and amended, all effective 1-1-11.

800.04 - ANNOT.

History: 1977 c. 305; 1979 c. 32 ss. 68, 92 (17); 1979 c. 175 s. 50; Stats. 1979 s. 800.04; 1981 c. 183, 317; 1987 a. 27, 267, 389; 1989 a. 105, 107, 261; 1991 a. 39, 40, 189; 1993 a. 16; Sup. Ct. Order No. 95-10, 197 Wis. 2d xiii (1996); 1995 a. 224; 1997 a. 27; 1999 a. 9; 2001 a. 16; 2003 a. 139, 199; 2009 a. 402.