Benton Municipal Court – Benton, KS

Oct 26, 2021

A municipal court is a court with restrictive jurisdiction over criminal offenses and civil disputes inside its location. These courts can be found at the county or city tier.

Benton Municipal Court INformation

Court: Benton Municipal Court
Address: “154 South Main Street, PO Box 388, Benton, KS 67017”
Phone: 316-778-1625

City: Benton
County: Butler
State: Kansas

What is the role of the Benton Municipal Court?

Municipal Courts are commonly called “courts of limited jurisdiction.” This means that they handle minor criminal charges, civil matters, and traffic incidents. Courthouses like Benton Municipal Court are the first level of court for these types of cases.

In other situations, the purpose of a county court is to deal with a large number of civil disputes within the respective region. Most cases involve family law matters, personal injury, more serious criminal infractions, or lawsuits.

County courthouses have the jurisdiction to deal with misdemeanors and civil matters that can’t exceed the amount of $15,000.00, while the circuits courts handle felony cases and larger civil matters.

TYPES OF Matters adjudicated IN A MUNICIPAL COURT in Benton, Kansas

Municipal courts are the bottom rung of courthouses in the U.S.. They are usually found within the jurisdiction where they are located, but some locales share municipal courts with other municipalities.

This can be done to better serve their citizens or to save money on overhead costs. The cases that could be heard by a municipal court can change based on on the municipality, but typically include traffic crimes, small criminal charges and code violations.

You will not find a standard for what establishes a misdemeanor versus a felony case, but generally speaking felonies would require more time in jail than misdemeanor crimes and fines may also be higher for felonies. Traffic violations usually result in points against your driver’s license as well

what is the procedure for cases in the municipal court in Benton?

Municipal courts are the first level of the court system in the United States. They have jurisdiction over minor crimes, traffic tickets, and other civil matters. Municipal courts are often known as city courts or town courts. Matters are managed by a magistrate who is usually an attorney, judge, or retired judge. Magistrates may be appointed by the mayor or city council board to assist for a specific period of time.

Judges preside over hearings to determine:

  • Probable cause for arrest
  • Set bail amounts and conditions of release
  • Conduct arraignment hearings when charges are filed against individuals by police officers
  • Distribute search warrants to police officers in order to secure evidence from crime scenes
  • Conduct preliminary inquiries to establish if there is enough evidence to charge

The typical process of a Municipal Court matter

The process of a municipal courthouse case can be tricky. The following material is an overview of the steps involved in a regular municipal court matter.

Step One: Issuance of Summons

A court summons is given when someone has been charged with violating a town ordinance or state law. The person who has received the summons will need to appear at their assigned time and courthouse, which is usually the municipal courtroom, to answer for the charge(s) against them. If they don’t show up, they may be found guilty anyways and could be fined up to $1k or sentenced to jail time if it’s a serious enough offense.

Second Step: Show Up before Judge or Magistrate

If someone fails to respond after being summoned by the judge, there may be a warrant issued for the person. 

Municipal Court Penalties in Benton, KS

Penalties change often, which is why it’s best to speak with licensed lawyer near you. The information below represents common penalties, but may not be accurate for the Benton Municipal Court. 

A violation is an offense that has a penalty of $500 or below, while a misdemeanor can have penalties up to $1k or one year in jail. A person’s driving privileges may be suspended for six months if they receive three speeding tickets within 12 months.

The penalties for different crimes in municipal courthouses vary depending on the severity of an crimes. For example, if you are caught with marijuana without having a prescription for it then you will be fined up to $2,000 or spend up to six months in jail.

Benton Municipal Court Records

Municipal Court records from a municipal court could be difficult to find because they are not always stored in one area or system. The records that an individual might need to depend on the type of charge they have before the court, where it’s at in the process, and what type of information is required by law to be present.

Questions ABOUT the Benton Municipal Court

What is municipal court in Benton, Kansas?

In Kansas, the municipal court is a lower level with civil and criminal jurisdiction within a town or municipality. Municipal courts thus have a small location and have limited authority as well, dealing only with petty offenses and misdemeanor charges.

What does the municipal court handle in Benton, Kansas?

Depending on the size of the municipality, a municipal court can handle a civil division (cases with less than  $15,000 at issue), a traffic/criminal division, or a housing and environmental division. More serious cases/crimes are handled by higher authorities.

How many judges does the Benton Municipal Court have?

The count of judges depends on the municipality’s size.

How are cases heard in municipal courts in Kansas?

A municipal court judge may be either elected or appointed to serve for a set duration or until they retire. Judges are sometimes elected by the people with each precinct’s results judged according to the number of people. Municipal judges are generally not lawyers but have some legal education and must complete many hours of continuing education every period to maintain their credentials.