A municipal court is a court with limited area of authority over criminal charges and civil matters within its area. These courts can be found at the county or city level.
Elkhart Municipal Court INformation
Court: Elkhart Municipal Court
Address: “433 Morton, PO Box 640, Elkhart, KS 67950”
What is the purpose of the Elkhart Municipal Court?
Municipal Courts are routinely called “courts of limited jurisdiction.” Which means that they handle minor criminal charges, civil disputes, and traffic incidents. Courthouses like Elkhart Municipal Court are the first level of court for this group of matters.
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 family law matters, personal injury, more serious criminal charges, or breaches of contract.
County courthouses have the jurisdiction to deal with misdemeanors and civil actions that can’t exceed the amount of $15k, while the circuits courts handle felony cases and bigger civil matters.
TYPES OF CASES HEARD IN A MUNICIPAL COURT in Elkhart, Kansas
Municipal courts are the bottom rung 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 service their people or to save money on costs. The matters that will be heard by a municipal court depend on the municipality, but typically include traffic matters, small criminal charges and code infractions.
There is no set definition for what establishes 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’s the process for cases in the municipal court in Elkhart?
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 individuals by police officers
- Issue search warrants to police officers in order to seize evidence from crime scenes
- Conduct preliminary examinations to determine if there is enough evidence to issue a charge
The common process of a Municipal Court matter
First Step: Issuance of Summons
Step Two: Show Up before Judge or Magistrate
Municipal Court Penalties in Elkhart, KS
Penalties change often, which is why it’s good to speak with licensed lawyer. The information below represents common penalties, but may not be 100% accurate for the Elkhart 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 crimes in municipal courthouses vary depending on the severity of an offenses. For example, if you are caught with marijuana without having a prescription for it then you could be fined up to $2,000 or spend up to six months in jail.
Elkhart Municipal Court Records
Municipal Court records from a municipal government could be difficult to find because they are not always stored in one location 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 type of information is needed by law to be available.
Questions ABOUT the Elkhart Municipal Court
What is municipal court in Elkhart, Kansas?
In Kansas, the municipal court is a lower court with civil and criminal matters within a city or municipality. Municipal courts will have a small area of influence and have limited authority as well, dealing only with petty crimes and misdemeanors.
What does the municipal court handle in Elkhart, Kansas?
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 handled by higher authorities.
How many judges does the Elkhart Municipal Court have?
The number of judges depends on the municipality’s population.
How are cases heard in municipal courts in Kansas?
A municipal courthouse judge may be either elected or appointed to serve for a set duration or until retirement. Judges are commonly elected by the people with each precinct’s results evaluated according to the number of people. Municipal magistrates are often not attorneys but have some legal training and must finish multiple hours of ongoing material every year to maintain their credentials.