Gasconade Municipal Division – Hermann, MO

by | Oct 26, 2021

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

Gasconade Municipal Division INformation

Court: Gasconade Municipal Division
Address: “Gasconade County Courthouse 119 East 1st Street, Suite 6, Hermann, MO 65041”
Phone: 573-486-2632

City: Hermann
County: Gasconade
State: Missouri

What is the purpose of the Gasconade Municipal Division?

Municipal Courts are commonly called “courts of limited jurisdiction.” Which means that they handle minor crimes, civil cases, and traffic violations. Courthouses like Gasconade Municipal Division are the first level of court for this group of matters.

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 divorce or other family matters, personal injury cases, more serious criminal charges, or breaches of contract.

County courthouses have the jurisdiction to deal with misdemeanors and civil matters that can’t exceed the amount of $15k, while the circuits courts handle felony cases and more expansive civil cases.

TYPES OF Matters HEARD IN A MUNICIPAL COURT in Hermann, Missouri

Municipal courts are the bottom rung of courts 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 service their people 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 matters, low level criminal charges and code violations.

There is no set definition for what establishes a misdemeanor charge versus a felony, 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

How are cases handled in the municipal court in Hermann?

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 often known as city courts or town courts. Cases are handled by a magistrate who is usually a lawyer, judge, or retired judge. Magistrates may be appointed by the mayor or city council board to help for a specific duration.

Magistrates administer hearings to determine:

  • Probable cause for arrest
  • Set bail amounts and terms 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 inquiries to establish if there is enough evidence to charge

The typical process of a Municipal Court Case

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

First Step: An Issuance of Summons

A court summons is issued when a person has been charged with violating a city ordinance or state law. The individual who has received the 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 don’t appear, they may be found guilty in absentia and could be fined up to $1,000.00 or given a jail term if it’s a serious enough offense.

Second Step: Show Up before Judge or Magistrate

If someone fails to show up after being summoned by the judge, there may be a warrant issued for the person. 

Municipal Court Penalties in Hermann, MO

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 Gasconade Municipal Division. 

A violation is a crime that carries a penalty of $500 or less, while a misdemeanor charge can have penalties up to $1000 or one year in local 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 offenses in municipal courthouses vary depending on the severity of an crimes. For example, if you are caught with marijuana without having a license for it then you could be fined up to $2,000 or spend up to six months in jail.

Gasconade Municipal Division Records

Municipal Court records from a municipal court may 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 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 Gasconade Municipal Division

What is municipal court in Hermann, Missouri?

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

What does the municipal court handle in Hermann, Missouri?

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. Serious cases/crimes are handled by higher authorities.

How many judges does the Gasconade Municipal Division have?

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

How are cases heard in municipal courts in Missouri?

A municipal courthouse judge may be either elected or appointed to serve for a set duration or until they retire. Judges are commonly elected by precincts with each precinct’s results evaluated based on the number of people. Municipal magistrates are often not attorneys but have some legal training and must complete many hours of ongoing material every year to maintain their licenses.