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City Attorney

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1. What is the distinction between the District Attorney, the City Attorney, and the City Prosecutor?

Generally, the District Attorney prosecutes criminal matters under the state statutes at circuit court in Waukesha County. The City Attorney provides legal services to the City officials and staff. The City Prosecutor prosecutes municipal ordinance violations in the City's municipal court.

2. Does the City Attorney deal with municipal ordinance citations in municipal court?

No, the City Prosecutor represents the City of Brookfield in Municipal Court.  You will need to appear in court on your scheduled court date to speak with the City Prosecutor.  Check in begins at 5:00 p.m.

3. Are municipal violations criminal matters?

No. Municipal ordinance violations are civil forfeiture actions, not criminal matters.

4. Do I need a lawyer in municipal court?

No, you do not. You are entitled to a lawyer at your own expense, but most municipal defendants appear without one. Public defenders are not appointed in noncriminal matters in municipal court.

5. What if I plead not guilty to a municipal ordinance violation?

You will be given a trial date. Prior to the trial, you have the opportunity to discuss the case with the City Prosecutor and attempt to reach resolution. The best time to talk to the City Prosecutor about your trial would be one hour before the trial begins in the courtroom. You may also call the City Prosecutor at the number listed before your trial date.

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Municipal Court

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1. What is the general procedure followed in Municipal Court?

Please see attached document. COURT PROCEDURES

2. What is the burden of proof in Municipal Court?

The standard of proof for conviction of any person charged with violation of any municipal ordinance shall be evidence that is clear, is satisfactory and convinces the judge to a reasonable certainty. There are no jury trials conducted in Municipal Court. All trials are heard before the Judge.

3. Am I entitled to a Public Defender for my court case?

Municipal Court is not a Criminal Court of record but is a civil court. The right to a Public Defender only applies to Criminal Courts in the State of Wisconsin. Therefore, a defendant is not entitled to a Public Defender in Municipal Court. You have the right to hire an attorney to represent your interests in Municipal Court at your own expense.

4. How do I know what my court date is?

The court date you have been assigned for an Initial Appearance/Pre-trial Conference is clearly marked on the top of the citation that you were issued. If you are scheduled for a court trial, you will be given a form with a specific time and date for your trial upon leaving the Initial Appearance/Pre-trial Conference. Check-in time for court begins at 5:00 PM.

5. Are there additional court costs if I wish to appear in court?

No - Court costs are already included in the fine amount stated on your citation. There are also no additional costs to have your case heard by the Judge at trial other than your time off of work, etc. to attend the trial. There may be additional costs involved in subpoenaing a witness or hiring an expert witness to appear on your behalf to testify at trial should your case demand the same. Instructions for subpoenaing witness are provided by the court. All costs associated with preparation for trial are your sole responsibility.

6. Is there a chance of reducing my points or charges?

When you appear in court at the Initial Appearance/Pre-trial Conference, you will be able to meet with the City Prosecutor to discuss your case. If there is any type of stipulation made, the City Prosecutor will put that stipulation in writing and present it to the court. The Judge has the final decision as to whether the stipulation will be accepted by the court.

7. What happens if I plead not guilty?

If you plead not guilty before the Judge at your Initial Appearance, you will be given an opportunity to meet with the City Prosecutor at that time to discuss and possibly resolve your case. If you plead not guilty by mail as stated on the back of the citation, you will be notified by mail, at the address you provide the court or as stated on the citation, of a date for a Pre-trial Conference to meet with the City Prosecutor to possibly resolve your case. In either event, if your case is not resolved by stipulation with the City Prosecutor, your case will be set for trial at a date and time given to you in writing by the Clerk of Court.

8. What do I need to do for my trial date?

You must appear in court prepared to present your case to the judge. It is your responsibility to bring any documentation, witnesses, photographs, etc., that you feel is necessary to prove your case. Instructions for subpoenaing witnesses are provided by the court. The City of Brookfield has the burden of proving to the court by clear, satisfactory and convincing evidence that you are responsible for the alleged violation as stated on the citation. You may wish to consult with an attorney prior to your court trial. INSTRUCTIONS FOR SUBPOENAS

9. What do I need for trial?

Read document for information about a trial. Trial Tips

10. Am I able to see the City Prosecutor before my court date?

No - The City Prosecutor is only available in the courtroom on your scheduled court date.

11. How do I pay my citation?

You can either pay online, by mail or drop off your payment to the City of Brookfield Police Department at 2100 N. Calhoun Rd., Brookfield, WI 53005. Make checks payable to "City of Brookfield". If you are paying in person the City accepts Master Card or Visa. Out of state checks are not accepted. Please do not send cash through the mail.

Pay Citation Online

12. What type of payment is accepted?

Pay online, pay in person by cash, check, money order or Master Card, Visa. Pay by mail in the form of a check or money order. (Out of state checks are not accepted) The City does not accept payments over the phone.  2100 N. Calhoun Road, Brookfield, WI 53005  ** Do not send cash in the mail **

Pay Citation Online

13. What if my drivers license is suspended for non payment of a citation?

If the suspension occurred as a result of a City of Brookfield ticket, you can pay the amount of the citation at the City of Brookfield Police Department in full. You will need to wait 2 business days after your suspension is lifted by the court, before you will be able to reinstate your drivers license with Department of Motor Vehicle.

If you appear at an Initial Appearance/Pre-trial Conference with a citation for Operating After Suspension/Revocation, the City Prosecutor will review your driving record with you to determine if you are suspended for non-payment of a Municipal Citation. If that is the case, the City Prosecutor may propose a settlement that allows you to follow a specific procedure to reinstate your driver's license. If, after the conference with the City Prosecutor, you are still unsure as to what you need to do to reinstate your driver's license, ask the City Prosecutor to re-explain your settlement proposal or ask the Judge when your case is called.

14. Do you have payment plans?

The court will give you a payment due date in which your fine will be due, however, you can make partial payments. If you are unable to pay your fine in full by the due date, you must appear in court on that date to request a pay extension before the Judge. The Judge will review your financial situation and make a decision as to whether or not to grant you a pay extension based on the facts of your particular case.

15. What happens if I miss my court date?

In most instances, the court will enter a default judgment, assess a forfeiture and give you sixty (60) days to pay. You will be notified of said judgment at the address listed on the citation.

16. What if I fail to pay my fine?

Your driver's license may be suspended for up to 1 year or a commitment may be issued for your arrest and incarceration in the Waukesha County Jail until your fine is paid in full at the usual and customary rate of $50.00 per day.

17. Can I just pay my citation without appearing in court?

Yes, in most cases you can pay your citation before the court date without appearing in court. However, if your citation indicates in the bond amount near the top middle portion that your appearance is "Mandatory", you must appear in court at the time and date as stated on the citation.

18. How will points effect my insurance?

You will need to contact your insurance carrier as every company has a different method of assessing points against your insurance.

19. Right To Appeal

Notice of Right to Appeal. You have twenty (20) days from the date of the trial decision by the Judge to file a written Notice of Appeal. Your case will then be transfered to the Waukesha County Circuit Court for said appeal. Please review the link to the Notice of Right to Appeal listed below for further information concerning your appeal rights. You may also want to consult an attorney regarding your specific appeal rights.
NOTICE OF RIGHT TO APPEAL FORM

20. Are there any courses I can complete as part of the penalty imposed by the court for citations?

When you appear on your court date, you will have the opportunity to discuss programming options with the prosecutor.  However, It is up to the prosecutor to determine whether a specific program or class is appropriate for your offense.  

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Municipal Court - Forms

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1. IGNITION INTERLOCK DEVICE (IID)

Click on link for IID information.

IGNITION INTERLOCK DEVICE INFO

2. REOPEN REQUEST FORM

A defendant has the right to reopen any municipal case based on the factors and requirements stated in the Wisconsin Statutes. There is a nonrefundable fee for requesting a reopen in the City of Brookfield Municipal court in the amount of $25.00. The Judge makes the final decision on whether or not to allow the reopening of a case. Please see the link below for further information regarding the request to reopen a case.

REOPEN REQUEST FORM

3. TRAFFIC SAFETY SCHOOL

Use this link.

TRAFFIC SAFETY SCHOOL