Plea Explanation

There are 3 plea options available to you:  Guilty, No Contest, Not Guilty

1)    If you plead Guilty* you are admitting that all of the facts and circumstances that appear on the citation are correct.

2)    A plea of No Contest* means that although you do not wish to contest the citation, you are not admitting to the facts of the case against you. A plea of No Contest requires that the judge find you guilty, but the finding of guilty in this court cannot be used against you in a separate civil lawsuit for damages in another court.

3)    If you know that you want to contest the citation against you and preserve your right to a municipal trial, you should enter a plea of Not Guilty. If you plead Not Guilty, your case will be scheduled for a pre-trial conference with the Village of Marshall Prosecuting Attorney. You would NOT need to appear in person for the pre-trial conference, but you would be required to make a phone call to the prosecuting attorney by a certain deadline.

The pre-trial conference would be your opportunity to discuss the merits of the case(and any defenses you might have) with the prosecuting attorney and negotiate an agreement. If an agreement is reached, the prosecuting attorney will write it up, and the court will review and most likely approve the agreement. If no agreement can be reached, then a trial will be scheduled.

At trial, the municipality must provide evidence of your guilt that is clear, satisfactory, and convincing to the judge, and must prove that it is highly probable that you committed the ordinance violation. Both you and the prosecuting attorney will be able to call witnesses (including yourself) and present evidence relating to your case.

 

*If you plead Guilty or No Contest, the case can be resolved at your initial court appearance. The judge will review the officer’s report and your past record, and you will be given an opportunity to present your side of the story and explain any mitigating circumstances (factors that you believe help lessen your guilt) or explain any actions that you have taken since you received the citation that you would like the court to be aware of. All of this information may have an impact on any money judgement (or forfeiture) amount that the judge imposes against you.

 

If you are in doubt as to which plea to enter, it is suggested that you either plead Not Guilty or Request a Continuance (that your case be set over to another date), to consult with an attorney or to further consider your plea options.