Cumberland Gap Municipal Court – Cumberland Gap, TN

by | Oct 27, 2021

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

Cumberland Gap Municipal Court INformation

Court: Cumberland Gap Municipal Court
Address: “380 Colwyn Avenue, PO Box 78, Cumberland Gap, TN 37724”
Phone: 423-869-3860

City: Cumberland Gap
County: Claiborne
State: Tennessee

What is the purpose of the Cumberland Gap Municipal Court?

Municipal Courts are routinely called “courts of limited jurisdiction.” This means that they work with minor crimes, civil matters, and traffic tickets. Courts like Cumberland Gap Municipal Court 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 family law matters, accident cases, more serious criminal charges, or contract disputes.

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

TYPES OF Legal Matters adjudicated IN A MUNICIPAL COURT in Cumberland Gap, Tennessee

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

You will not find a standard for what constitutes a misdemeanor versus a felony crime, but generally speaking felonies would require more time in jail than misdemeanors and fines may also be higher for felonies. Traffic violations usually result in points against your driver’s license as well

What’s the process for cases in the municipal court in Cumberland Gap?

Municipal courts are the first tier 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 an attorney, judge, or retired judge. Magistrates may be appointed by the mayor or city council board to assist for a specific time period.

Magistrates administer hearings to determine:

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

The Process of a Municipal Court Case

The common path of a municipal court case can be difficult to navigate. The following is an overview of the steps involved in a regular municipal court matter.

First Step: Issuance of Summons

A summons is given when someone has been charged with violating a local ordinance or state law. The person who has received the court summons will need to appear at their assigned time and place, which is usually the municipal courtroom, to respond for the charge(s) against them. If they don’t come, they may be found guilty anyways and could be fined up to $1,000.00 or given a jail term 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 Cumberland Gap, TN

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

A violation is an offense that carries a penalty of $500 or below, while a misdemeanor charge can possess 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 courthouses vary depending on the severity of an crimes. For example, if you are caught with marijuana without having a medical prescription for it then you will be fined up to $2,000 or spend up to six months in jail.

Cumberland Gap Municipal Court Records

Municipal Court records from a municipal court may be difficult to find because they are not always stored in one area or system. The records that an individual might need to depend on the type of charge they have before 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 Cumberland Gap Municipal Court

What is municipal court in Cumberland Gap, Tennessee?

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

What does the municipal court handle in Cumberland Gap, Tennessee?

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 Cumberland Gap Municipal Court have?

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

How are cases heard in municipal courts in Tennessee?

A municipal court judge may be either elected or appointed to serve for a set duration or until retirement. Judges are sometimes chosen by precincts with each precinct’s results weighted based on the number of people. Municipal magistrates are often not lawyers but have some legal training and must finish several hours of ongoing courses every year to maintain their licenses.