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Contested Cases
Please take note that the court date mentioned
on the summons is not a trial date,
but the date by which the complaint must be answered, either
by payment or a personal appearance in court. If a person
has been charged with an offense to which he/she wishes to
plead "not guilty", or wishes to speak with the
municipal prosecutor, it is necessary to call the court to
schedule a trial date. Involved persons, i.e., issuing officer/complaining
witness, state witnesses, and defendant will be notified of
the hearing date by mail.
Defendants who reside out-of-state may
request to defend themselves by affidavit.
The Defense by Affidavit form is used only for traffic and
ordinance matters that do not carry penalties of great consequence.
A telephone call to the court will be necessary to determine
whether a defendant is able to dispose of the matter in this
fashion.
Once a determination has been made that
an affidavit is appropriate, the court will forward the necessary
form to the defendant. The Defense by Affidavit is a simple
form on which the defendant explains the circumstances surrounding
the offense
and returns the notarized document to the court prior to the
scheduled trial date. A defendant who uses this approach waives
his/her right to appear and confront all witnesses for the
State. The judge will make his decision based on the information
provided and the defendant will be advised by mail of the
outcome of the case.
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