Municipal Court Municipal Court

1. Online at PaymentServiceNetwork.com. 

2. Click “Okay” at the bottom (if it appears) regarding use of cookies. 

3. Choose “Make Payment” at the very top of the screen. 

4. Choose “Quick Pay” on the right. 

5. Ignore the first 3 boxes, and in the 

6. 4 th box on that screen, type in Business ID # RT23741, 

7. Choose “Search”. 

8. At the bottom of the screen, choose “Make a Payment” next to Town of Milton, WI (Police) or (Misc. for building permits and other municipal fees). 

9. Fill out the rest of the information (email address, name, address, phone number, citation number, and credit card info), 

10. Select continue and complete payment. 

If you don’t want to pay online, you can also mail your payment by check to: 

Milton Town (Joint Municipal Court – for citations) 

23 First Street, 

Milton, WI 53563, 

** Please make your check payable to the Town of Milton.

For many people, this will be the first (and perhaps only) time they ever appear in court.  The purpose of the initial appearance is to ensure you understand the violations the town alleges you committed and to take your plea.

• If your citation is marked "YES" for Appearance Required (upper left corner), you must attend court in person.
• If you are not required to attend in person, you may still attend in person, appear by an attorney, or enter your plea in writing.
• If you are not required to attend in person, you may plead guilty by paying the full deposit amount listed on the citation to the court prior to the date/time of your initial appearance.  You will be found guilty and the deposit will be accepted as forfeiture for the offense (in very limited circumstances, the judge may reject your plea and require you to attend court; you will be notified of this in writing if it happens).
• If you are not required to attend in person, you may enter your plea in writing; it must be RECEIVED by the clerk prior to the day and time for your initial appearance (an example "Plea of Not Guilty or No Contest" in available on the forms page).

If you attend your initial appearance:

1. When your name is called, come forward to the table or podium in front of the judge.
2. The judge will inform you of the exact charge against you, the range of penalties that may be imposed if you are found guilty, and then ask for your plea.
3. You may request a continuance if this is your first appearance and you would like more time to seek advice or consult with an attorney.

• If you enter a plea of GUILTY, you admit that you committed the offense listed on your citation.  If the citation contains the necessary elements, you will be found guilty and a forfeiture will be imposed.  The forfeiture will be within the range of penalties for the offense.  The forfeiture may be more or less than the amount listed as a bond or deposit on your citation.
• If you enter a plea of NO CONTEST, you do not admit guilt (or civil liability), but understand the judge will find you guilty and order you to pay a forfeiture.
• If you enter a plea of NOT GUILTY, you deny that you committed the offense or demand that the town prove that you are guilty.  The judge will schedule the matter for a trial.  The clerk will send you a notice of your trial date and an order from the judge with instructions related to the trial.
• NOTE:

1. The court cannot change the number of points assessed against your drivers license by the Department of Transportation if you are found guilty of an offense that has points.  For example, if you plead guilty or are found guilty of an offense that carries 4 points, regardless of the monetary forfeiture the court may order, DOT will assess 4 points against your license (or, potentialy more if you have prior driving violations).
2. If you want to plead guilty to an offense that has lower penalties (monetary forfeitures or drivers license points), you must discuss such a settlement with the town's prosecuting attorney (the clerk can give you his contact info).  The court cannot "amend" the citation against you unless both you and the town's attorney agree to it.

1. You will be given an opportunity (unless you pleaded "no contest" by mail) to make a statement before the judge examines your record and sets any penalty.
2. The judge will ask if you want to pay any forfeiture immediately.  If you cannot, you will be given 60 days to pay any forfeiture in full.  The judge may allow you to enter into a payment plan with the clerk.
3. If you cannot pay due to poverty, you can request an indigency hearing (an example "Request for Indigency Hearing" form is available on the forms page).

(and you were required to do so on the citation, you did not pay the full deposit amount, or you did not file a written plea), the judge will find you guilty of the offenses and enter a default judgement against you.  In some circumstances, the judge may instead issue a warrant for your arrest.

1.     RESPECT IN COURT.  Everyone appearing in court will receive a fair and impartial hearing, be heard, and be treated with respect.  Those appearing in court will be respectful to the judge, clerk, and others in court.  Turn off / silence all electronic devices.  Remove hats when entering the court.  If another matter is being heard, patiently and quietly wait until your matter is called.

2.     ATTORNEY.  The defendant may be represented by an attorney at his/her own expense.  This is not a criminal matter and the state, county, or towns will not provide an attorney for a defendant.  A defendant who intends to retain an attorney, should do so quickly in order to be prepared for trial.  A defendant without an attorney is responsible for presenting his/her own defense.  The judge and clerk cannot and will not provide legal advice to any party or talk with any party about the merits or facts of the case prior to trial.

3.     PRE-TRIAL CONFERENCE.  This is a mandatory event during which the prosecuting attorney and defendant will discuss the citation(s) issued.  The parties should attempt to resolve case by settlement if possible.  If the parties reach a proposed resolution, it should be presented to the judge in writing before the trial date.  The parties may alternatively present a proposed resolution verbally to the judge at the time of trial.

4.     CONTINUANCE.  Either party may request, in writing, a continuance for any reason at least ten days prior to the trial date.  The party requesting the continuance should explain why the continuance is necessary.  The judge will likely grant one timely request for a continuance and schedule the trial for a future date.  Within ten days of the trial date or after a continuance has previously been granted to any party, the judge will only grant a continuance for good cause.  An example “Request for Continuance” can be found on the court’s website.

5.     CONDUCT OF THE TRIAL.

a.     BURDEN OF PROOF.  The Town must prove that the defendant violated an ordinance by clear, satisfactory, and convincing evidence.

b.     WITNESSES (AND SUBPOENAS).  Think about what witnesses to the events that you want at the trial.  Unless they will appear voluntarily, you will need to subpoena them at least two weeks before trial.  A subpoena is a document you get from the court and then present personally to the witness with the appropriate witness fees.  You cannot mail the subpoena.  The court’s website has instructions regarding subpoenas or you may contact the clerk for more information.   Also, bring any relevant photos or maps or drawings.

c.     POLICE TESTIMONY AND REPORTS.  Before the trial, the defendant may ask the Town attorney in writing what witnesses they plan to use at trial.  The defendant should not assume that those witnesses will be present, however, unless the defendant obtains and serves a subpoena on each witness.  Do not assume that the judge has seen any police report. The judge has not read the police report and will not read the report unless it is properly submitted at trial. The defendant should not assume that the Town attorney will submit it at trial.  If the defendant wants the judge to see it, bring a copy and then see whether or not it will be admitted.  The defendant can request a copy of a police report by contacting the Town of Milton Police Department.

d.     PRESENTATION OF EVIDENCE.  The Town will call its witnesses first and ask questions.  The defendant may then cross-examine and ask questions of each witness.  The defendant may then testify as a witness, call other witnesses, and/or present documents such as photos or maps.  Affidavits or written statements from witnesses are not allowed because they are hearsay.  Each witness must come to court and testify.   For every witness called, both the Town attorney and defendant will have a chance to ask questions.

6.     JUDGEMENT.  After the judge has heard all evidence and any arguments from the parties, he will make a decision.  If the defendant is found guilty, the judge may order the defendant to pay a forfeiture authorized by the Town’s ordinance.  This amount may be MORE than the amount of the citation.  Additionally, the judge may add court costs and state surcharges to the forfeiture amount.

7.     PAYMENT PLAN.  If the defendant is found guilty, the court will typically order that payment of any forfeiture be made to the clerk within 60 days.  The defendant may request a payment plan.  If any payments according to the plan are missed, the judge may order the defendant to return to court and/or pay the amount then due in full or face other sanctions.

8.     INABILITY TO PAY DUE TO POVERTY.  If the defendant is found guilty but unable to pay the ordered forfeiture due to poverty, the defendant may request an “Indigency Hearing” before the municipal judge.  An example “Request for Indigency Hearing” can be found on the municipal court’s website.  If the municipal judge finds that the defendant lives at or below the poverty line and is unable to pay the forfeiture, the court may order the defendant to perform community service instead.  If the defendant does not meet the legal definition of indigent, the municipal judge may allow the defendant to enter into a payment plan with the clerk.

9.      APPEAL RIGHTS.  Any party that loses after a trial can appeal the municipal court’s decision.  The judge will explain the three appeal options after trial or entering a judgement.

Yes, you can ask the court to reopen a judgement by filing a written "Request to Reopen Judgement" (an example form is provided on the Forms page). You may want to talk with the prosecuting attorney first to see if the town will join in your request to reopen the matter (this can help make the process smoother and faster). After receiving a written request the judge may reopen your case (if the town filed a consent), schedule a hearing on your request, or deny your request. If the court reopens your case, the court will require you to pay a fee (typically $25-100, depending upon the type of case).

No, the court cannot and will not reopen the revocation of a drivers license if you did not ask for a hearing within 10 days after the police gave you a "Notice of Intent to Revoke Operating Privilege." If you refuse to submit to a alcohol blood/breath/urine test at the time of an arrest for operating a motor vehicle while under the influence (OWI), the police will give you the notice mentioned above. You have only 10 days to ask the court, in writing, for a hearing to challenge the assertion made by the police that your refused the test. The court must RECEIVE your request for a hearing within 10 days. After 10 days the court has no jurisdiction to hear your side of the story and the court is required by law to revoke your drivers license.