Capitan Municipal Court – Capitan, NM

Oct 26, 2021

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

Capitan Municipal Court INformation

Court: Capitan Municipal Court
Address: “114 Lincoln Avenue, PO Box 246, Capitan, NM 88316”
Phone: 575-354-2247

City: Capitan
County: Lincoln
State: New Mexico

What is the purpose of the Capitan Municipal Court?

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

In other situations, the role 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 charges, or breaches of contract.

County courts have the jurisdiction to deal with misdemeanors and civil actions that can’t exceed the amount of $15,000, while the circuits courts handle felony cases and bigger civil cases.

TYPES OF CASES HEARD IN A MUNICIPAL COURT in Capitan, New Mexico

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

This can be done to better help their citizens or to save money on administrative costs. The matters that may be heard by a municipal court vary depending on the municipality, but typically include traffic matters, criminal misdemeanors and code violations.

There is no set definition for what makes a misdemeanor charge versus a felony crime, 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 Capitan?

Municipal courts are the entry 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 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 help for a specific period of time.

Magistrates preside over hearings to determine:

Probable cause for arrest
Set bail amounts and the conditions of release
Conduct arraignment hearings when charges are filed against defendants by police officers
Distribute search warrants to law enforcement officers in order to protect evidence from crime locations
start preliminary examinations to establish if there is enough evidence to mount a charge

The Process of a Municipal Court matter

The common path of a municipal courthouse case can be tricky. The next portion is an overview of the steps involved in a regular municipal court matter.

First Step: Issuance of Summons

A summons from the court is given when a person 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 courthouse, which is usually the municipal courtroom, to respond for the charge(s) against them. If they don’t come, they may be found guilty in absentia and could be fined up to $1000 or given a jail sentence 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 person.

Municipal Court Penalties in Capitan, NM

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

A violation is a crime that carries a penalty of $500 or below, while a misdemeanor charge 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 charges 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.

Capitan Municipal Court Records

Municipal Court records from a municipal government may be difficult to find because they are not always stored in one location or system. The records that a person might need to depend on the type of case 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 available.

Questions ABOUT the Capitan Municipal Court

What is municipal court in Capitan, New Mexico?

In New Mexico, the municipal court is a lower court with civil and criminal matters within a town or municipality. Municipal courts thus have a small area of influence and have limited authority as well, dealing only with petty offenses and misdemeanor crimes.

What does the municipal court handle in Capitan, New Mexico?

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. Serious cases/crimes are handled by higher authorities.

How many judges does the Capitan Municipal Court have?

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

How are cases heard in municipal courts in New Mexico?

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 precincts with each precinct’s results judged according to the number of people. Municipal magistrates are generally not lawyers but have some legal education and must complete multiple hours of continuing material every year to maintain their licenses.