Benton Municipal Division – Benton, MO

Oct 26, 2021

A municipal court is a court with limited jurisdiction over criminal charges and civil matters within its geographic area. These courts can be located at the city or county tier.

Benton Municipal Division INformation

Court: Benton Municipal Division
Address: “Scott County Courthouse 131 South Winchester Street, PO Box 587, Benton, MO 63736”
Phone: 573-545-3576

City: Benton
County: Scott
State: Missouri

What is the role of the Benton Municipal Division?

Municipal Courts are routinely called “courts of limited jurisdiction.” Which means that they deal with minor criminal charges, civil cases, and traffic violations. Courthouses like Benton Municipal Division 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 cases, more serious criminal charges, or breaches of contract.

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

TYPES OF Legal Matters seen IN A MUNICIPAL COURT in Benton, Missouri

Municipal courts are the lowest level of courts 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 service their population or to save money on expenditures. The matters that will be heard by a municipal court can change based on on the municipality, but typically include traffic tickets, low level criminal charges and code infractions.

You will not find a standard for what establishes a misdemeanor charge versus a felony case, but generally speaking felonies would require more time in jail than misdemeanor charges 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 entry level of the court system in the United States. They have jurisdiction over minor crimes, traffic matters, and other civil matters. Municipal courts are have often been called city courts or town courts. Cases 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 time period.

Judges administer hearings to determine:

Probable cause for arrest
Set bail amounts and terms of release
Conduct arraignment hearings when charges are filed against suspects by police officers
Distribute search warrants to law enforcement officers in order to secure evidence from crime locations
start preliminary inquiries to understand if there is enough evidence to mount a charge

The usual process of a Municipal Court matter

The common path of a municipal court case can be complicated. The next portion is an overview of the common items involved in a typical municipal court case.

Step One: Issuance of Summons

A summons from the court is sent when an individual has been charged with violating a town rule or state law. The individual who has received the court summons will need to appear at their assigned time and location, 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: Appearance before Judge or Magistrate

If someone fails to show up after being summoned by the judge, there may be a warrant issued for the individual.

Municipal Court Penalties in Benton, MO

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

A violation is a crime that carries a penalty of $500 or less, while a misdemeanor can carry penalties up to $1,000.00 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 charges in municipal courthouses vary depending on the severity of an crimes. For example, if you are caught with marijuana without having a license for it then you could be fined up to $2k or spend up to six months in jail.

Benton Municipal Division Records

Municipal Court records from a municipal government may be difficult to find because they are not always stored in one area or system. The records that a person might need to depend on the type of case they have before the court, where it’s at in the process, and what kind of of information is needed by law to be available.

FAQs ABOUT the Benton Municipal Division

What is municipal court in Benton, Missouri?

In Missouri, the municipal court is a lower court with civil and criminal jurisdiction within a town or municipality. Municipal courts will have a small area of influence and have limited authority as well, dealing only with petty charges and misdemeanor crimes.

What does the municipal court handle in Benton, Missouri?

Depending on the scope 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 deal with by higher authorities.

How many judges does the Benton Municipal Division have?

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

How are cases heard in municipal courts in Missouri?

A municipal courthouse judge may be either elected or appointed to serve for a set term of years or until retirement. Judges are commonly elected by the people with each precinct’s results weighted based on the number of people. Municipal magistrates are generally not attorneys but have some legal training and must complete many hours of ongoing courses every period to maintain their licenses.