Trial Information for Defendants

 

 What happens at a trial?

You have the 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. The Village tries to prove that you violated the law by clear, satisfactory, and convincing evidence. The Village will call its witnesses first and ask questions. You can then present yourself as a witness, call  other witnesses and present documents such as photos or maps. Affidavits or written statements from witnesses are not allowed because they are hearsay. The witness must come to court and testify. For every witness called, both you and the Village Attorney will have a chance to ask questions. After the judge has heard all the evidence, he will make a decision.

 Preparing for trial:

Think about what witnesses to the events you want for 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 following provides instructions for subpoenas: 
  1. At the top, fill in the name and address of the witness you are subpoenaing. If you know the business address and home address, provide both.
  2. The clerk will fill in the rest. NOTE: Judge Jason Hanson must see and sign subpoenas.
  3. Take the original and make at least one (1) copy. Have a reliable adult personally deliver a copy to the witness or arrange for a professional process server to do so. Professional process servers are listed in the phone book and will charge for the service. The Sheriff's Office will also perform service on your behalf for a fee. You cannot simply mail it to the witness or leave it taped to the person’s door. It must be handed to the person or left at the person’s place of abode with someone at least 14 years old. It is better if it is left with an adult and you can confirm that the witness does reside where you left it.
  4. You must pay the following witness fees at the time you serve the subpoena: $5.00, plus round-trip mileage to the courthouse from the person’s home at $.20 per mile. You must pay the witness by cash, check, money order or certified check. Have the witness sign a receipt showing the payment amount and date. Bring the receipt to the trial.
  5. The person serving the subpoena must fill out the bottom portion of the original subpoena with the needed information. Bring the original subpoena with the bottom part filled out to the trial.
  6.  You will NOT be reimbursed for the witness costs even if you win at trial.

 

Also, bring any relevant photos or maps or drawings.

 Police testimony and police reports:

You should ask the Village Attorney in writing what witnesses they plan to use at trial. If you want to ensure that those witnesses are used, you will have to subpoena them yourself.
 
Also, do not assume that the Judge has seen the police report. The Judge has not read the police report and will not read the report unless it is properly submitted at trial. Do not assume that the Village Attorney will  submit it at trial. If you want the judge to see it, you will have to bring a copy and then see whether or not it will be admitted. You can request a copy of a DeForest Police report by filling out a request form at the DeForest Police Department. To request a copy of a Village of Windsor police report, you may call Attorney William Cole at (608) 283-6766.

 Will I have to pay more than the amount on the ticket if I lose at trial?

You might have to pay more. The amount on your ticket is usually not the maximum possible fine. Further, there can be additional costs for witness fees, mileage, and subpoenas. The Judge decides what the penalty will be if you are found guilty.

 If I lose, can I appeal?

Yes. The Judge will explain your three appeal options at the trial. All appeals require a substantial filing fee. If the Village loses, they also can appeal.

 I’ve changed my mind and want to settle my case:

To contact the Village of DeForest Attorney, call Attorney Dan Evans at (608) 250-9053. For the Village of Windsor, call Attorney William Cole at (608) 283-6766.