COVID-19 UPDATE
Village of Wild Rose Municipal Court issues State of Emergency Order
Municipal Court
Village of Wild Rose
500 N Main St, PO Box 254,
Wild Rose WI 54984
Municipal Judge
HONORABLE BARRY D. OSICKA
Clerk
State of Wisconsin, Waushara County
Village of Wild Rose Municipal Court
Since most people are concerned about appearing in court, the following rules and procedures to help you understand how the court functions. The court has jurisdiction of traffic and non-traffic ordinances in this municipality. You have a right to be represented by an attorney, or you may go ahead without one. If you want an attorney, you must retain one at your own expense. The court will not provide you with an attorney. Defendants must notify court within 5 days of a change of address during pendency of his or her case.
Initial Appearance
At the initial appearance, the defendant may enter a plea. Only those cases where the defendant enters a Guilty or No Contest plea will be heard. Where the defendant enters a Not Guilty plea, the case will be scheduled for a pre-trial conference which may happen the same day or just prior to your scheduled trial. If a pre-trial agreement cannot be reached, the defendant will be released and notified by mail of the trial date. At the trial, the municipal attorney will be present, along with witnesses. You should also have your witnesses present at that time. If you are cited for a violation of Driving While Intoxicated, your case will be referred to the circuit court of Waushara County.
Pleas
If you plead Guilty, it is an admission of the charges against you.
A plea of No Contest is similar to a plea of Guilty and will treat it the same as Guilty plea. However, you will not be admitting your civil liability for use in other litigation, which should be expected where personal injury or property damage is involved.
Where pleas of Guilty and No Contest are made, a money judgment (forfeiture) is entered against you and if a traffic violation, demerits may also be issued to you. You will be given an opportunity to tell me of any mitigating circumstances surrounding the charge.
If you plead Not Guilty it means that you feel that the charge against you is not correct. If you are in doubt as to which plea to enter, I suggest you plead Not Guilty or ask for an adjournment so you can review your case and make an intelligent plea at the adjourned date. If you plead Not Guilty, the municipality must prove your guilt by “clear and convincing evidence”. In short, the facts proven by the municipality must indicate that it is highly probable that you committed the ordinance violation.
Court Appearance Procedure
You will be called in front of the Judge in the order in which you signed into court. Those pleading Not Guilty will be asked to take a seat for a pre-trial conference. Those defendants pleading Guilty or No Contest will be informed of the charges and of the consequences of your plea; i.e. traffic demerit points, minimum and maximum forfeitures, etc. The Prosecutor may then advise the Judge of the facts of the violation. You may make a brief statement and the Judge will then review your past record, if any, and depending on the seriousness of the present charge and any past record, will render a judgment accordingly.
Upon a finding of Guilty, a forfeiture plus costs may be imposed. Forfeitures may be paid immediately, or you may pay within 60 days. If you fail to pay your forfeiture and do not appear at the extension time, you may be committed to jail or, in some cases, your driver’s license shall be suspended for up to one year. If you fail to pay your forfeiture due to poverty, you may request that the court allow you to pay your forfeiture through an installment plan.
If because of poverty as defined in §814.29(1)(d) (receiving means-tested assistance or limited/no income) or unexpected circumstances, you are either unable to pay your forfeiture or keep up with an installment plan by your due date you should notify the Court in writing and an installment plan, or a stay may be provided.
Traffic Violations
If you are found Guilty of a traffic offense, in addition to any judgment made 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 demerit points in one year shall result in the loss of your license. Any person holding a probationary license will be assessed double the demerit points for the second and all subsequent moving violations. Juveniles cited for traffic ordinance violations are subject to the same forfeitures and court procedures as adults.
Juveniles
The Municipal Court has jurisdiction of persons who are at least 12 years of age and less than 17 years of age charged with non-traffic ordinance violations. Juveniles have the same rights as adults with respect to pleas. They have a right to a private (closed) hearing. A money judgment may be entered against a juvenile found Guilty of a non-traffic ordinance violation. If the offense is alcohol related, the driver license of the defendant may be suspended.
Court Conduct
This is a court of law and the rules of proper decorum and evidence will be followed. Please remain quiet while court is in session and give others the courtesy to be heard and present their case. Smoking is prohibited in the courtroom. Persons who fail to conduct themselves in an orderly manner shall be cited for contempt.
Trials
The trial procedure is as follows: 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 defense will be given the opportunity to summarize their respective cases to the Court through brief argument. Thereafter, the Court will determine your innocence or guilt. If the Court finds you Not Guilty, you will be discharged and the complaint against you dismissed. If you are found Guilty, the Court will impose a penalty, taking into consideration the seriousness of the violation, the hazardous condition, if any, which may have existed at the time, and your past record. If necessary, you may have up to 60 days to pay the forfeiture and costs.
If because of poverty as defined in §814.29(1)(d) (receiving means-tested assistance or limited/no income) or unexpected circumstances, you are either unable to pay your forfeiture or keep up with an installment plan by your due date you should notify the Court in writing and an installment plan, or stay may be provided.
Appeals
If you are found Guilty after trial, you have the right to appeal your case to the Waushara County Circuit Court. All appeals must be filed in writing within 20 days after judgment. You must file your Notice of Appeal with this Municipal Court. If you fail to meet this time limit, you have lost your right to appeal. The appeal fee, and bond, if ordered, must be posted upon filing the appeal. You have the right to a 6 person Jury Trial on appeal, upon payment of appropriate fees.
It is hoped that your appearance in Municipal Court will be a beneficial and a positive learning experience for you.
Hon. Barry D. Osicka
Municipal Judge
Performing Marriages
The Municipal Judge of Wild Rose does not perform marriages.
Revised: 12/19/2022