Lincoln Municipal Court – Lincoln, ND

Oct 26, 2021

A municipal court is a court with limited area of authority over criminal charges and civil matters inside its location. These courts can be found at the city or county level.

Lincoln Municipal Court INformation

Court: Lincoln Municipal Court
Address: “74 Santee Rd, Lincoln, ND 58504”
Phone: 701-258-7969

City: Lincoln
County: Burleigh
State: North Dakota

What is the purpose of the Lincoln Municipal Court?

Municipal Courts are often called “courts of limited jurisdiction.” This means that they handle minor criminal charges, civil matters, and traffic violations. Courthouses like Lincoln Municipal Court are the first level of court for these types of cases.

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 cases, more serious criminal charges, or contract disputes.

County courthouses have the jurisdiction to deal with misdemeanors and civil matters that can not exceed the amount of $15,000, while the circuits courts handle felony cases and larger civil matters.

TYPES OF Matters HEARD IN A MUNICIPAL COURT in Lincoln, North Dakota

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 jurisdictions share municipal courts with other municipalities.

This can be done to better service their population or to save money on overhead costs. The matters that will be heard by a municipal court can change based on on the municipality, but typically include traffic matters, low level criminal charges and code violations.

You will not see a set definition for what makes a misdemeanor versus a felony case, but generally speaking felonies would require more time in jail than misdemeanor charges 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 Lincoln?

Municipal courts are the lowest 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. Matters are handled 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 time.

Judges manage hearings to determine:

  • Probable cause for arrest
  • Set bail amounts and conditions of release
  • Conduct arraignment hearings when charges are filed against defendants by police officers
  • Distribute search warrants to law enforcement officers in order to secure evidence from crime locations
  • Conduct preliminary inquiries to establish if there is enough evidence to mount a charge

The usual process of a Municipal Court matter

The process of a municipal courthouse 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 from the court is issued when a person has been charged with violating a local rule or state law. The citizen 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 don’t show up, they may be found guilty anyways and could be fined up to $1k 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 individual. 

Municipal Court Penalties in Lincoln, ND

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

A violation is an offense that has a penalty of $500 or below, while a misdemeanor crime can carry penalties up to $1k 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 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 $2,000 or spend up to six months in jail.

Lincoln Municipal Court Records

Municipal Court records from a municipal government may be difficult to find because they are not always stored in one place or system. The records that an individual might need to depend on the type of case they have before the court, where it’s at in the process, and what type of information is needed by law to be present.

Common Questions ABOUT the Lincoln Municipal Court

What is municipal court in Lincoln, North Dakota?

In North Dakota, the municipal court is a lower court 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 Lincoln, North Dakota?

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. More serious cases/crimes are handled by higher authorities.

How many judges does the Lincoln Municipal Court have?

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

How are cases heard in municipal courts in North Dakota?

A municipal courthouse judge may be either elected or appointed to serve for a set term of years or until they retire. Judges are sometimes chosen by precincts with each precinct’s results evaluated according to the number of people. Municipal magistrates are often not lawyers but have some legal training and must complete multiple hours of continuing courses every period to maintain their credentials.