Frequently Asked Questions
What is a Municipal Court?
Municipal Courts are created by the governing body of the municipality, and in this case, by the Village of Salem Lakes. They have exclusive jurisdiction over State Statute 755.045(1) actions involving violations of municipal ordinances, under which the penalty is a forfeiture. In other words, this court does not handle any criminal matters. Those matters would go to the Circuit Court in Kenosha. We handle local issues that stem from breaking local ordinances. These could be a whole range of violations including but not limited to; traffic, truancy, boating, public nuisance, animal control, peace and order, building code, and burning violations.
When a citation is issued it usually has a date to appear in court written on the citation. This is your initial appearance date. You may have the option of not appearing by just sending in the forfeiture amount shown on the citation, prior to the court appearance.
At the initial appearance in court you are asked to make a plea. There are three options: Guilty, Not Guilty, or No Contest.
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, I suggest you plead Not Guilty. By doing so, it gives you the opportunity for a pretrial conference with the Village Attorney. Here you may explain the circumstances behind the citation and maybe come to a mutual agreement as to a settlement. If an agreement is reached, you would come back before the Judge (usually that same evening) and the matter will be settled. If an agreement cannot be reached, the matter will be set for trial at a future date, usually the following month.
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 a 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.
If you plead Not Guilty and go to trial, I will give you a handout which explains the procedure and gives some tips on how to come prepared for the trial. You may look at a copy of this handout from the Forms page of this website.
It will tell you on your citation whether or not a court appearance is mandatory. If it is not mandatory, an appearance can be avoided by paying the forfeiture amount shown on the citation prior to the court date.
The Judge, The Village Attorney (Prosecutor) , and the Court Clerk are present for court. Others present may be defendants, witnesses, citing officer, observers, or the press. Municipal Court is open to the public. The exception is juvenile cases which are held in a private session and are not open to the public.
It is a possibility. First, the Village Attorney may request payment for such things as witness fees ($7.00 per witness). The forfeiture amount on your citation is not the maximum forfeiture in most cases. The Judge has the authority to impose a higher forfeiture if he deems it appropriate. The forfeiture can also be lower. Finally, if you subpoena witnesses, you will not be reimbursed for these expenses even if you are found not guilty. Overall, I would be inclined to answer this question as, "Probably Not, but Possible".
If you are found guilty after a trial, the Judge will notify you of your appeal rights. The appeal must be filed within twenty (20) days after the Judge's decision and will be heard in the Kenosha County Circuit Court, either before a jury or a judge. You must file a written notice of appeal (this court has the forms) and pay an appeal fee.
That is entirely up to you. You may, of course, choose to hire an attorney or you may represent yourself. The court will not provide you with an attorney. Although there are certain rules that must be followed, I realize most people have no experience in court. I try to help a defendant follow the right procedure so that it's not a painful process. When entering the court room a pamphlet is provided explaining procedures. I also give an opening statement which explains these procedures. I encourage defendants to ask questions at any time they don't quite understand something. In other words, you don't need to be an experienced defendant to make it through one of my court sessions. If you plead not guilty and choose to represent yourself at trial, a Trial Tips guide is available to give you a little guidance. Please do not be intimidated by a trial or its proceedings. It is your right to be heard, and this court will do everything possible to see that you are treated fairly.
Sure can. I've performed quite a few and enjoy doing so. I have a good selection of Wedding Vows which you can use "as is", or customize to your liking. Create your own if you wish as I am very flexible here. As a Municipal Judge, I am authorized to perform marriages anywhere in the State of Wisconsin.
Can I reschedule my court date?
You may reschedule your court date one time as long as you call prior to your court date to reschedule.
Can I request an extension to pay my fines?
Yes, but you must put your request in writing. Explain in a letter why you need the extension, how much time you need, and if you want to be put on a payment plan and how much you can afford to pay per week or month. This request must be made prior to your fine due date.
Judge Mike Langel
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