Malakoff Municipal Court – Malakoff, TX

by | Oct 28, 2021

A municipal court is a court with small area of authority over criminal offenses and civil disputes within its geographic area. These courts can be located at the city or county tier.

Malakoff Municipal Court INformation

Court: Malakoff Municipal Court
Address: “109 S Melton Dr, Malakoff, TX 75148”
Phone: 903-489-3472

City: Malakoff
County: Henderson
State: Texas

What is the purpose of the Malakoff Municipal Court?

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

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 divorce or other family matters, personal injury cases, more serious criminal infractions, or lawsuits.

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

TYPES OF CASES HEARD IN A MUNICIPAL COURT in Malakoff, Texas

Municipal courts are the lowest level of courthouses 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 serve their population or to save money on administrative costs. The matters that may be heard by a municipal court can change based on on the municipality, but typically include traffic tickets, criminal misdemeanors and code infractions.

You will not find a standard for what constitutes a misdemeanor charge versus a felony crime, 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

what is the procedure for cases in the municipal court in Malakoff?

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 an attorney, judge, or retired judge. Magistrates may be appointed by the mayor or city council board to help for a specific time period.

Magistrates preside over hearings to determine:

  • Probable cause for an arrest
  • Set bail amounts and conditions of release
  • Conduct arraignment hearings when charges are filed against individuals by police officers
  • Issue search warrants to law enforcement officers in order to secure evidence from crime scenes
  • start preliminary examinations to learn if there is enough evidence to mount a charge

The usual process of a Municipal Court Case

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

Step One: Issuance of Summons

A summons from the court is given when someone has been charged with violating a local ordinance or state law. The person who has received the summons from the court will need to appear 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 anyways and could be fined up to $1,000.00 or sentenced to jail time 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 Malakoff, TX

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

A violation is an offense that carries a penalty of $500 or less, while a misdemeanor can have penalties up to $1,000.00 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 will be fined up to $2k or spend up to six months in jail.

Malakoff Municipal Court Records

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

Common Questions ABOUT the Malakoff Municipal Court

What is municipal court in Malakoff, Texas?

In Texas, the municipal court is a lower level with civil and criminal matters within a city or municipality. Municipal courts have a small area of influence and have limited authority as well, dealing only with petty charges and misdemeanors.

What does the municipal court handle in Malakoff, Texas?

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. Serious cases/crimes are deal with by higher authorities.

How many judges does the Malakoff Municipal Court have?

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

How are cases heard in municipal courts in Texas?

A municipal court 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 judged according to population. Municipal magistrates are generally not attorneys but have some legal education and must complete multiple hours of continuing courses every period to maintain their licenses.