Cavalier Municipal Court – Cavalier, ND

Oct 26, 2021

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

Cavalier Municipal Court INformation

Court: Cavalier Municipal Court
Address: “301 Division Ave N, PO Box 750, Cavalier, ND 58220”
Phone: 701-265-8800

City: Cavalier
County: Pembina
State: North Dakota

What is the role of the Cavalier Municipal Court?

Municipal Courts are routinely called “courts of limited jurisdiction.” Which means that they work with minor crimes, civil disputes, and traffic matters. Courts like Cavalier Municipal Court 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 divorce or other family matters, accident cases, more serious criminal charges, or lawsuits.

County courthouses 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 matters and bigger civil matters.

TYPES OF Legal Matters HEARD IN A MUNICIPAL COURT in Cavalier, North Dakota

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 jurisdictions share municipal courts with other municipalities.

This can be done to better service their population or to save money on overhead costs. The matters that will be heard by a municipal court can change based on on the municipality, but typically include traffic matters, low level criminal charges and code violations.

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

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 help for a specific time period.

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
  • 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 typical process of a Municipal Court matter

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

First Step: Issuance of Summons

A summons is given when someone has been charged with violating a town rule 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 never appear, they may be found guilty anyways and could be fined up to $1,000.00 or sentenced to jail time if it’s a serious enough offense.

Step Two: 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 individual. 

Municipal Court Penalties in Cavalier, ND

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 Cavalier Municipal Court. 

A violation is a crime that has a penalty of $500 or below, while a misdemeanor crime can have 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 crimes in municipal courts vary depending on the severity of an offenses. 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.

Cavalier Municipal Court Records

Municipal Court records from a municipal court could 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 matter they have before the court, where it’s at in the process, and what type of information is required by law to be available.

FAQs ABOUT the Cavalier Municipal Court

What is municipal court in Cavalier, North Dakota?

In North Dakota, the municipal court is a lower level with civil and criminal matters within a city or municipality. Municipal courts thus have a small location and have limited authority as well, dealing only with petty offenses and misdemeanors.

What does the municipal court handle in Cavalier, North Dakota?

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 handled by higher authorities.

How many judges does the Cavalier Municipal Court have?

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

How are cases heard in municipal courts in North Dakota?

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 judged based on population. Municipal magistrates are often not lawyers but have some legal education and must complete several hours of ongoing education every year to maintain their credentials.