Ordinance Violations - Going to Court
Q: What are ordinance violations?
A: Ordinance violations are charges issued by municipal governments
for violations of local municipal rules. They are not considered
criminal matters. They are not recorded as criminal charges
and no criminal record results from an ordinance violation conviction.
Q: Whom can I contact for more information?
A: You can contact the Town of Normal Legal Department with
any questions:
- Telephone: (309) 454-9507
- Fax: (309) 454-9609
- E-mail: wkarplus@normal.org
Q. What options do I have available if I receive an ordinance
violation?
A: You have 2 options:
- You may appear in court and plead either guilty or not guilty
- You may pay a settlement at City Hall or online within 2 weeks of receiving the citation.
Q: Where can I find a copy of the Ordinance which I am accused
of violating?
A: All Town ordinances can be found in the
Town of Normal Municipal Code.
Q: Under what circumstances can I plead not guilty and contest
a charge?
A: You can always contest a charge. You have an absolute right
to plead not guilty. You are presumed innocent until the Town of
Normal proves your guilt. The Town has the burden of proof.
Unlike a criminal charge, however, the Town need only prove you
guilty by a preponderance of the evidence. The Town need not
prove you guilty beyond a reasonable doubt.
Q: What is the procedure for contesting a charge?
A: If you wish to contest a charge, you must appear in court
on the date and at the time indicated on the citation. In
court, you must plead not guilty. A date will be designated
for a trial.
Q: Can someone else appear in court on my behalf (for example,
a friend or family member)?
A: Only a licensed attorney may appear on your behalf.
Q: Do I need an attorney?
A: You may represent yourself or be represented by an attorney.
Because you cannot go to jail for ordinance violations, no public
defenders or court-appointed lawyers are available for ordinance
violation cases.
Q: What are my rights with respect to a trial?
A: The Town of Normal will present its case. You have
the opportunity to question the witness(es) testifying against you.
Then you may testify on your own behalf and present witnesses to
support your case. The Town will question your witness(es).
The judge will weigh the evidence presented by both parties and
determine the outcome.
Q: What type of trial is available?
A: You must have either a bench or a jury trial.
Q: What is a bench trial?
A: A bench trial is a trial in which the judge alone determines
whether the Town has proven you guilty.
Q: When is a jury trial available?
A: You always have the right to a trial by jury. However,
you will be required to pay a jury fee before obtaining a jury trial.
The jury fee is non-refundable.
Q: What is the probability that I will win my case?
A: Nobody can say with certainty that you will win or lose your
case. Your chances of being successful in court depend on
the strength of the testimony and evidence against you and the evidence
you present on your behalf. The Town does not need to prove
your guilt beyond a reasonable doubt, but only by a preponderance
of the evidence.
Q: What happens if I win in court?
A: You will be found not guilty and no fine or court costs will
be assessed against you.
Q: What happens if I lose in court?
A: You will be fined, and ordered to pay costs. You will
also receive a record of an ordinance violation conviction.
The fine is set by the judge and may be more than that offered as
a settlement prior to the trial.
Q: How much is the fine?
A: Most fines range from $25.00 to $500.00. Court costs
are in addition to the fine. Typical court costs are approximately
$150.00.
Q: If found guilty, how much time am I given to pay the fine
and court costs?
A: The judge will order the fine and costs be paid by a certain
date or by installments. Your personal financial condition will
determine the amount of time or size of payment you make.
Q: What are the consequences of pleading guilty in court?
A: You will be fined and assessed court costs.
Q: What are some advantages to pleading guilty in court?
A: You may be given a longer period of time in which to pay
the fine and costs. You also may be able to work out a payment schedule
to pay the fine and court costs.
Q: What are some disadvantages to pleading guilty in court?
A: You will incur costs in addition to a fine. You may
incur a higher fine than that offered by the Town as a settlement.
By appearing in court, you will then have a court record, which
becomes part of a public record and is more easily accessible when
doing a background check. A settlement with the Town is also
a matter of public record, but rarely do background checks include
a check for an ordinance violation.
Q: What are the advantages of pleading not guilty?
A: The only way to be found not guilty and avoid court costs
is to plead not guilty.
Q: What are the disadvantages of pleading not guilty?
A: You will have an additional court appearance for trial.
If you lose, you may receive a higher fine than that offered by
the Town for a guilty plea.
Q: Is public service work available instead of a fine?
A: No, public service work is not available for ordinance violations.
Q: Will the ordinance violation affect my driver's license?
A: Pursuant to State law, a court conviction for unlawful
possession or consumption of alcohol will be sent to the Secretary
of State for license suspension. (Payment at City Hall is not a
conviction.) Any misuse of a driver's license or possession of a
false ID will be sent to the Secretary of State for license action.