23.63(3)
(3) Shall proceed under
s. 23.57, if the defendant is not released.
23.63 History
History: 1975 c. 365.
23.64
23.64
Deposit after release. A person who is released under
s. 23.63 shall be permitted to make a deposit any time prior to the court appearance date. The deposit shall be made with the clerk of the court of the county in which the violation occurred or the office of the municipal court having jurisdiction.
23.64 History
History: 1975 c. 365.
23.65
23.65
Issuance of complaint and summons. 23.65(1)
(1) When it appears to the district attorney that a violation of
s. 90.21,
134.60,
281.48 (2) to
(5),
283.33,
285.57 (2),
285.59 (2),
(3) (c) and
(4),
287.07,
287.08,
287.81 or
299.64 (2), this chapter or
ch. 26,
27,
28,
29,
30,
31,
169, or
350, or any administrative rule promulgated pursuant thereto, a violation specified under
s. 285.86, or a violation of
ch. 951, if the animal involved is a captive wild animal, has been committed the district attorney may proceed by complaint and summons.
23.65(2)
(2) The complaint shall be prepared in the form specified in
s. 23.55. After a complaint is prepared, it shall be filed with the judge and a summons shall be issued or the complaint shall be dismissed pursuant to
s. 968.03. Such filing commences the action.
23.65(3)
(3) If a district attorney refuses or is unavailable to issue a complaint, a circuit judge, after conducting a hearing, may permit the filing of a complaint if he or she finds there is probable cause to believe that the person charged has committed a violation of
s. 287.07,
287.08 or
287.81, this chapter or
ch. 26,
27,
28,
29,
30,
31 or
350 or a violation specified under
s. 285.86. The district attorney shall be informed of the hearing and may attend.
23.66(1)(1) If under the procedure of
s. 23.62 a person is cited or arrested, the person may make a deposit as follows:
23.66(1)(a)
(a) By mailing the amount of money the enforcing officer directs and a copy of the citation to the office of the clerk of courts in the county where the offense allegedly occurred or to the office of the municipal court having jurisdiction, or by going to the office of the clerk of courts or municipal court, the office of the sheriff, or any city, village or town police headquarters; or
23.66(1)(b)
(b) If the enforcing officer permits, by placing the amount of money the enforcing officer directs in a serially numbered envelope addressed to the clerk of courts in the county where the offense allegedly occurred or to the office of the municipal court having jurisdiction, sealing the envelope, signing a statement on the back of the envelope stating the amount of money enclosed and returning the envelope to the enforcing officer. The officer shall deliver the envelope and a copy of the citation to the office of the clerk of courts in the county where the offense allegedly occurred or to the office of the municipal court having jurisdiction. The officer shall note on the face of the citation the serial number of the envelope used in making a deposit under this paragraph.
23.66(1m)
(1m) The enforcing officer or the person receiving the deposit may allow the alleged violator to submit a check, share draft or other draft for the amount of the deposit or make the deposit by use of a credit card.
23.66(2)
(2) The person receiving the deposit shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of court or municipal court regarding the disposition of the deposit, and notifying the defendant that if he or she fails to appear in court at the time fixed in the citation he or she will be deemed to have tendered a plea of no contest and submitted to a forfeiture, plus costs, fees, and surcharges imposed under
ch. 814, not to exceed the amount of the deposit which the court may accept. The original of the receipt shall be delivered to the defendant in person or by mail. If the defendant pays by check, share draft, or other draft, the check, share draft, or other draft or a microfilm copy of the check, share draft, or other draft shall be considered a receipt. If the defendant makes the deposit by use of a credit card, the credit charge receipt shall be considered a receipt.
23.66(3)
(3) If the court does not accept the deposit as a forfeiture for the offense, a summons shall be issued. If the defendant fails to respond to the summons, an arrest warrant shall be issued.
23.66(4)
(4) The basic amount of the deposit shall be determined in accordance with a deposit schedule that the judicial conference shall establish. Annually, the judicial conference shall review and may revise the schedule. In addition to the basic amount determined according to the schedule, the deposit shall include costs, fees, and surcharges imposed under
ch. 814.
23.67
23.67
Deposit and stipulation of no contest. 23.67(1)
(1) If pursuant to the procedure of
s. 23.62 a person is cited or arrested, such person may make a deposit and stipulation of no contest, and submit them in the same manner as the deposit in
s. 23.66.
23.67(2)
(2) The deposit and stipulation of no contest may be made at any time prior to the court appearance date. By signing the stipulation, the defendant is deemed to have tendered a plea of no contest and submitted to a forfeiture, plus costs, fees, and surcharges imposed under
ch. 814, not to exceed the amount of the deposit.
23.67(3)
(3) The person receiving the deposit and stipulation of no contest shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of court or municipal court regarding the disposition of the deposit, and notifying the defendant that if the stipulation of no contest is accepted by the court the defendant will be deemed to have submitted to a forfeiture, plus costs, fees, and surcharges imposed under
ch. 814, not to exceed the amount of the deposit. Delivery of the receipt shall be made in the same manner as in
s. 23.66.
23.67(4)
(4) If the court does not accept the deposit and stipulation of no contest, a summons shall be issued. If the defendant fails to respond to the summons, an arrest warrant shall be issued.
23.67(5)
(5) The defendant may, within 10 days after signing the stipulation or at the time of the court appearance date, move the court for relief from the effects of the stipulation, pursuant to
s. 23.75 (3) (c).
23.68
23.68
Pleading. The citation or complaint issued pursuant to
s. 23.62 or
23.65 may serve as the initial pleading and, notwithstanding any other provisions of the statutes, shall be deemed adequate process to give the appropriate court jurisdiction over the person upon the filing of the citation or complaint with such court.
23.68 History
History: 1975 c. 365.
23.69
23.69
Motions. Any motion which is capable of determination without the trial of the general issue shall be made before trial.
23.69 History
History: 1975 c. 365.