778.26 Citation procedure; violation of land trespass laws.

416 words·~2 min read·/wi/chapter-778/778-26-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The citation procedures established by this section may be used only in an action to recover a forfeiture under s. 943.13 . The citation form provided by this section may serve as the initial pleading for the action and is adequate process to give a court jurisdiction over the person if the citation is filed with the circuit court.

(2)A citation under this section shall be signed by an officer who has authority to make arrests for the violation and shall contain substantially the following information:

(a)The name, address and date of birth of the defendant.

(b)The name and department of the issuing officer.

(c)The violation alleged, the time and place of occurrence, a statement that the defendant committed the violation, the statute violated and a designation of the violation in language which can be readily understood by a person making a reasonable effort to do so.

(d)A date, time and place for the court appearance, and a notice to appear.

(e)The maximum forfeiture, plus costs, fees, and surcharges imposed under ch. 814 , for which the defendant is liable.

(f)Provisions for deposit and stipulation in lieu of a court appearance.

(g)Notice that, if the defendant makes a deposit and fails to appear in court at the time specified in the citation, the failure to appear will be considered tender of a plea of no contest and submission to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814 , not to exceed the amount of the deposit. The notice shall also state that the court, instead of accepting the deposit and plea, may decide to summon the defendant or may issue an arrest warrant for the defendant upon failure to respond to a summons.

(h)Notice that, if the defendant makes a deposit and signs the stipulation, the stipulation will be treated as a plea of no contest and submission to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814 , not to exceed the amount of the deposit. The notice shall also state that the court, instead of accepting the deposit and stipulation, may decide to summon the defendant or issue an arrest warrant for the defendant upon failure to respond to a summons, and that the defendant may, at any time prior to or at the time of the court appearance date, move the court for relief from the effect of the stipulation.