Duncan Municipal Court – Duncan, MS

by | 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 tier.

Duncan Municipal Court INformation

Court: Duncan Municipal Court
Address: “PO Box 106, Duncan, MS 38740”
Phone: 662-395-2263

City: Duncan
County: Bolivar
State: Mississippi

What is the role of the Duncan Municipal Court?

Municipal Courts are routinely called “courts of limited jurisdiction.” This means that they deal with minor criminal charges, civil cases, and traffic incidents. Courthouses like Duncan Municipal Court are the first level of court for these types of cases.

On the other hand, 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, personal injury, more serious criminal infractions, or breaches of contract.

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

TYPES OF Legal Matters adjudicated IN A MUNICIPAL COURT in Duncan, Mississippi

Municipal courts are the bottom rung of courts 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 service their people or to save money on expenditures. The matters that may be heard by a municipal court depend on the municipality, but typically include traffic tickets, small criminal charges and code infractions.

There is no set definition for what constitutes a misdemeanor crime versus a felony charge, 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 Duncan?

Municipal courts are the first tier of the court system in the United States. They have jurisdiction over minor crimes, traffic crimes, and other civil matters. Municipal courts are often known as 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 members to help for a specific period of time.

Magistrates manage hearings to determine:

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

The usual process of a Municipal Court matter

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

First Step: Issuance of Summons

A summons is sent when a person has been charged with violating a town rule or state law. The citizen who has received the summons will need to be present at their assigned time and location, 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 $1k 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 individual. 

Municipal Court Penalties in Duncan, MS

Penalties change often, which is why it’s best to speak with licensed lawyer. The information below represents common penalties, but may not be accurate for the Duncan Municipal Court. 

A violation is an offense that has a penalty of $500 or below, while a misdemeanor 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 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 will be fined up to $2k or spend up to six months in jail.

Duncan Municipal Court Records

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

Questions ABOUT the Duncan Municipal Court

What is municipal court in Duncan, Mississippi?

In Mississippi, the municipal court is a lower level 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 offenses and misdemeanor charges.

What does the municipal court handle in Duncan, Mississippi?

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. Serious cases/crimes are deal with by higher authorities.

How many judges does the Duncan Municipal Court have?

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

How are cases heard in municipal courts in Mississippi?

A municipal court judge may be either elected or appointed to serve for a set duration or until they retire. Judges are commonly chosen by the people with each precinct’s results weighted based on population. Municipal judges are often not attorneys but have some legal education and must complete many hours of continuing courses every period to maintain their credentials.