The Wauwatosa Municipal Court holds trials. Learn what to expect at a trial and how to prepare.

Do I need an attorney?

If you decide to take your case to trial, an attorney will not be provided for you by the court. You may, of course, choose to hire an attorney or represent yourself. If you choose to represent yourself, please read the following information carefully. 

What happens at a trial? 

This is a formal hearing where an Assistant City Attorney and the Defendant have the opportunity to present their evidence before the Municipal Judge. The City has the burden of proving its case by clear and convincing evidence. The City puts its case first. This usually involves calling witnesses and introducing documentary evidence. Once a witness for the City has testified, the Defendant has a right to cross-examine that witness. After the City has introduced all of the evidence that it wishes to present, the Defendant then has the opportunity to testify on his or her own behalf, call witnesses and introduce documentary evidence. The Assistant City Attorney is entitled to cross examine any witness called by the Defendant. After the evidence has been heard by the Judge, each side is given an opportunity to make a closing argument. The Judge then applies the evidence to the state statute or City ordinance that the Defendant is charged with violating and determines whether he or she is guilty or not guilty. 

Will I have to pay more than the amount on the citation if I am found guilty? 

It is a possibility. First, the City Attorney may request payment for such things as witness fee ($7.00 per lay witness). The deposit amount on your citation might not be the maximum amount allowed by law. The Judge has the authority to impose a higher amount if he deems it appropriate. Finally, if you do subpoena witnesses, you will not be reimbursed for these expenses even if you are found not guilty. 

What should I do to prepare for a trial? 

There are several things you should consider when preparing for a trial: 

1. Are there witnesses you want to testify? If the answer is yes, you need to make sure that they will be there on the day of the trial. Any such witness should have personal knowledge of the incident based on what he or she saw or heard. Do not bring in letters or statements written at your request. They may be hearsay and more than likely will not be admitted as evidence. If you have any doubts that witnesses you would like to call will appear voluntarily, you have the right to subpoena them into court. If you decide to subpoena a witness, you should pick up subpoena forms at the Municipal Court Office at least two weeks before your trial date to allow enough time for proper service.
2. Photos, Maps and Drawings. If you think such evidence will help the Judge understand your case, bring them to court. However, you or whoever took the photos or drew the drawings should be prepared to testify about how and when the items came into being.
3. Electronic Evidence. If you plan on presenting evidence that is on a disc, flash drive or phone it is your responsibility to bring a laptop or computer that will play the information in court. You or whoever recorded the information should be prepared to testify about how and when the recording came into being. 
4. Testimony by the Defendant. If you plan to testify on your own behalf, think about what you are going to say beforehand. If you do testify, the Assistant City Attorney will have the right to cross-examine you. If you made a statement to the police or others, this can be used against you at trial. 

What if I need a postponement? 

If you have a good cause to delay your trial date, you may ask the Judge for an adjournment. You must do so at least one week before the trial date. The City Attorney may also request an adjournment. The Judge will then decide whether or not to grant the request. 

If I am found guilty, can I appeal? 

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 Milwaukee County Circuit Court. You must file a written notice of appeal (Form available at Wauwatosa Municipal Court Office) and pay the appropriate appeal fee. 

If I change my mind, can I change my plea before the trial? 

You may change your plea to guilty or no contest by contacting the Wauwatosa Municipal Court at (414) 471-8488 at least one week in advance of your trial date.