Birch Tree Municipal Division – Eminence, MO

Oct 26, 2021

A municipal court is a court with restrictive area of authority over criminal offenses and civil matters inside its location. These courts can be located at the county or city level.

Birch Tree Municipal Division INformation

Court: Birch Tree Municipal Division
Address: “Shannon County Courthouse 18529 Main Street, PO Box 148, Eminence, MO 65466”
Phone: 573-226-3315 ext. 2

City: Eminence
County: Shannon
State: Missouri

What is the purpose of the Birch Tree Municipal Division?

Municipal Courts are routinely called “courts of limited jurisdiction.” Which means that they handle minor criminal charges, civil matters, and traffic tickets. Courthouses like Birch Tree Municipal Division are the first level of court for this group of matters.

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 divorce or other family matters, personal injury cases, more serious criminal infractions, or breaches of contract.

County courthouses have the jurisdiction to deal with misdemeanors and civil actions that can not exceed the amount of $15,000.00, while the circuits courts handle felonies and more expansive civil cases.

TYPES OF CASES adjudicated IN A MUNICIPAL COURT in Eminence, Missouri

Municipal courts are the lowest level of courthouses in the United States. They are usually found within the jurisdiction where they are located, but some jurisdictions share municipal courts with other municipalities.

This can be done to better service their citizens or to save money on costs. The matters that will be heard by a municipal court depend on the municipality, but typically include traffic tickets, criminal misdemeanors and code infractions.

You will not find a standard for what makes a misdemeanor charge 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

how are cases managed in the municipal court in Eminence?

Municipal courts are the first level of the court system in the United States. They have jurisdiction over minor crimes, traffic matters, and other civil matters. Municipal courts are popularly known city courts or town courts. Cases are managed by a magistrate who is usually a lawyer, 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 an arrest
Set bail amounts and the conditions of release
Conduct arraignment hearings when charges are filed against defendants by police officers
Issue 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 common process of a Municipal Court Case

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

First Step: An Issuance of Summons

A summons from the court is issued when an individual has been charged with violating a local rule or state law. The individual who has received the summons will need to be present at their assigned time and courthouse, which is usually the municipal courtroom, to answer for the charge(s) against them. If they fail to appear, they may be found guilty in absentia and could be fined up to $1000 or given a jail term if it’s a serious enough offense.

Second Step: Show Up before Judge or Magistrate

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

Municipal Court Penalties in Eminence, MO

Penalties change often, which is why it’s good to speak with licensed lawyer near you. The information below represents common penalties, but may not be 100% accurate for the Birch Tree Municipal Division.

A violation is an offense that carries a penalty of $500 or below, while a misdemeanor crime can carry penalties up to $1000 or one year in local 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 courts vary depending on the severity of an charges. For example, if you are caught with marijuana without having a prescription for it then you could be fined up to $2k or spend up to six months in jail.

Birch Tree Municipal Division 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 a person might need to depend on the matter they have in front of the court, where it’s at in the process, and what type of information is needed by law to be present.

Questions ABOUT the Birch Tree Municipal Division

What is municipal court in Eminence, Missouri?

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

What does the municipal court handle in Eminence, Missouri?

Depending on the area 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. Serious cases/crimes are handled by higher authorities.

How many judges does the Birch Tree Municipal Division have?

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

How are cases heard in municipal courts in Missouri?

A municipal courthouse judge may be either elected or appointed to serve for a set duration or until they retire. Judges are commonly elected by the people with each precinct’s results judged based on population. Municipal magistrates are generally not attorneys but have some legal education and must finish multiple hours of ongoing education every year to maintain their credentials.