Hernando Municipal Court – Hernando, MS

Oct 26, 2021

A municipal court is a court with small area of authority over criminal offenses and civil matters inside its area. These courts can be found at the city or county tier.

Hernando Municipal Court INformation

Court: Hernando Municipal Court
Address: “Gale Center 2601 Elm St, #4, Hernando, MS 38632”
Phone: 662-429-9096 ext. 3

City: Hernando
County: Desoto
State: Mississippi

What is the purpose of the Hernando Municipal Court?

Municipal Courts are often called “courts of limited jurisdiction.” Which means that they handle minor crimes, civil cases, and traffic incidents. Courthouses like Hernando 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 divorce or other family matters, accident cases, more serious criminal charges, or breaches of contract.

County courthouses have the jurisdiction to deal with misdemeanors and civil actions that won’t exceed the amount of $15,000, while the circuits courts handle felonies and more expansive civil matters.

TYPES OF CASES HEARD IN A MUNICIPAL COURT in Hernando, Mississippi

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 assist their citizens or to save money on overhead costs. The cases that may be heard by a municipal court depend on the municipality, but typically include traffic violations, small criminal charges and code violations.

There is no set definition for what makes a misdemeanor crime 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 managed in the municipal court in Hernando?

Municipal courts are the first level of the court system in the United States. They have jurisdiction over minor crimes, traffic matters, and other civil matters. Municipal courts are have often been called city courts or town courts. Matters are managed 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 time period.

Magistrates administer hearings to determine:

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

The Process of a Municipal Court Case

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

Step One: Issuance of Summons

A summons is issued when an individual has been charged with violating a city rule or state law. The individual who has received the summons from the court will need to be present at their assigned time and location, which is usually the municipal courtroom, to answer for the charge(s) against them. If they fail to 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.

Step Two: Appearance before Judge or Magistrate

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

Municipal Court Penalties in Hernando, MS

Penalties change often, which is why it’s best to speak with licensed lawyer near you. The information below represents common penalties, but may not be 100% accurate for the Hernando Municipal Court. 

A violation is an offense that has a penalty of $500 or less, while a misdemeanor crime can have penalties up to $1k 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 offenses in municipal courts vary depending on the severity of an crimes. 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.

Hernando Municipal Court 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 a person might need to depend on the type of matter they have in front of the court, what stage it is at in the process, and what type of information is required by law to be present.

Common Questions ABOUT the Hernando Municipal Court

What is municipal court in Hernando, Mississippi?

In Mississippi, the municipal court is a lower level with civil and criminal jurisdiction within a city or municipality. Municipal courts thus 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 Hernando, Mississippi?

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 Hernando Municipal Court have?

The number 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 retirement. Judges are commonly elected by precincts with each precinct’s results judged based on population. Municipal judges are generally not attorneys but have some legal education and must complete multiple hours of ongoing material every year to maintain their licenses.