Emory Municipal Court – Emory, TX

Oct 28, 2021

A municipal court is a court with limited jurisdiction over criminal offenses and civil matters within its geographic area. These courts can be found at the county or city level.

Emory Municipal Court INformation

Court: Emory Municipal Court
Address: “399 N Texas St, PO Box 100, Emory, TX 75440”
Phone: 903-474-9003

City: Emory
County: Rains
State: Texas

What is the role of the Emory Municipal Court?

Municipal Courts are often called “courts of limited jurisdiction.” This means that they work with minor criminal charges, civil disputes, and traffic violations. Courts like Emory 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 family law matters, accident cases, more serious criminal infractions, or lawsuits.

County courts have the jurisdiction to deal with misdemeanors and civil actions that can not exceed the amount of $15k, while the circuits courts handle felony cases and larger civil matters.

TYPES OF affairs adjudicated IN A MUNICIPAL COURT in Emory, Texas

Municipal courts are the entry level of courthouses in the U.S.. 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 help their population or to save money on administrative costs. The matters that could be heard by a municipal court vary depending on the municipality, but typically include traffic crimes, small criminal charges and code infractions.

You will not see a set definition for what establishes a misdemeanor crime 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 Emory?

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 popularly known city courts or town courts. Cases 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 serve for a specific time period.

Judges administer hearings to determine:

Probable cause for arrest
Set bail amounts and terms of release
Conduct arraignment hearings when charges are filed against defendants by police officers
Issue search warrants to law enforcement officers in order to seize evidence from crime locations
start preliminary inquiries to understand if there is enough evidence to charge

The common process of a Municipal Court Case

The common process of a municipal court case can be complicated. The following material is an overview of the most common steps involved in a regular municipal court matter.

First Step: An Issuance of Summons

A summons from the court is given when an individual has been charged with violating a city ordinance or state law. The individual who has received the court summons will need to appear at their assigned time and place, which is usually the municipal courtroom, to answer 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 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 individual.

Municipal Court Penalties in Emory, TX

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

A violation is a crime that carries a penalty of $500 or below, while a misdemeanor charge can have 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 offenses. For example, if you are caught with marijuana without having a medical prescription for it then you could be fined up to $2,000 or spend up to six months in jail.

Emory Municipal Court Records

Municipal Court records from a municipal court could be difficult to find because they are not always stored in one area 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 kind of of information is required by law to be available.

Common Questions ABOUT the Emory Municipal Court

What is municipal court in Emory, Texas?

In Texas, the municipal court is a lower level 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 crimes and misdemeanors.

What does the municipal court handle in Emory, Texas?

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. More serious cases/crimes are deal with by higher authorities.

How many judges does the Emory Municipal Court have?

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

How are cases heard in municipal courts in Texas?

A municipal court judge may be either elected or appointed to serve for a set term of years or until retirement. Judges are sometimes elected by the people with each precinct’s results weighted according to the number of people. Municipal judges are generally not lawyers but have some legal training and must finish many hours of ongoing education every year to maintain their licenses.