Brashear Municipal Division – Kirksville, MO

by | Oct 26, 2021

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

Brashear Municipal Division INformation

Court: Brashear Municipal Division
Address: “Adair County Courthouse 106 West Washington Street, Kirksville, MO 63501”
Phone: 660-665-2552

City: Kirksville
County: Adair
State: Missouri

What is the role of the Brashear Municipal Division?

Municipal Courts are commonly called “courts of limited jurisdiction.” Which means that they deal with minor crimes, civil disputes, and traffic tickets. Courts like Brashear Municipal Division are the first level of court for these types of cases.

On the other hand, the role of a county court is to deal with a large number of civil disputes within the respective region. Most cases involve family law matters, accident cases, more serious criminal infractions, 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, while the circuits courts handle felony cases and more expansive civil matters.

TYPES OF affairs seen IN A MUNICIPAL COURT in Kirksville, Missouri

Municipal courts are the entry level of courthouses in the United States. 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 assist their population or to save money on costs. The matters that may be heard by a municipal court can change based on on the municipality, but typically include traffic tickets, low level criminal charges and code violations.

You will not see a set definition for what constitutes 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 Kirksville?

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 have often been called city courts or town courts. Matters are handled 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.

Magistrates preside over hearings to determine:

  • Probable cause for an 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 seize evidence from crime locations
  • Conduct preliminary examinations to learn if there is enough evidence to mount a charge

The usual process of a Municipal Court Case

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

Step One: An Issuance of Summons

A summons from the court is sent when an individual has been charged with violating a town ordinance or state law. The person who has received the court summons will need to show up 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 in absentia and could be fined up to $1000 or given a jail term if it’s a serious enough offense.

Step Two: 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 person. 

Municipal Court Penalties in Kirksville, 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 Brashear Municipal Division. 

A violation is a crime that carries a penalty of $500 or less, while a misdemeanor crime can possess penalties up to $1000 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 offenses. For example, if you are caught with marijuana without having a medical prescription for it then you will be fined up to $2k or spend up to six months in jail.

Brashear Municipal Division Records

Municipal Court records from a municipal court may be difficult to find because they are not always stored in one place or system. The records that an individual might need to depend on the type of charge they have in front of the court, what stage it is at in the process, and what kind of of information is needed by law to be present.

Questions ABOUT the Brashear Municipal Division

What is municipal court in Kirksville, Missouri?

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

What does the municipal court handle in Kirksville, 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 deal with by higher authorities.

How many judges does the Brashear Municipal Division have?

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

How are cases heard in municipal courts in Missouri?

A municipal court 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 weighted based on population. Municipal judges are often not lawyers but have some legal training and must complete multiple hours of ongoing material every period to maintain their credentials.