McLain Municipal Court – McLain, MS

by | Oct 26, 2021

A municipal court is a court with small jurisdiction over criminal charges and civil disputes within its geographic area. These courts can be found at the county or city tier.

McLain Municipal Court INformation

Court: McLain Municipal Court
Address: “106 Church St, PO Box 5, McLain, MS 39456”
Phone: 601-753-2757

City: McLain
County: Greene
State: Mississippi

What is the role of the McLain Municipal Court?

Municipal Courts are commonly called “courts of limited jurisdiction.” This means that they work with minor crimes, civil disputes, and traffic violations. Courts like McLain Municipal Court 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 family law matters, personal injury, more serious criminal infractions, or lawsuits.

County courthouses have the jurisdiction to deal with misdemeanors and civil matters that won’t exceed the amount of $15,000.00, while the circuits courts handle felony cases and bigger civil cases.

TYPES OF CASES seen IN A MUNICIPAL COURT in McLain, Mississippi

Municipal courts are the lowest level of courthouses in the United States. They are usually found within the jurisdiction where they are located, but some places share municipal courts with other municipalities.

This can be done to better serve their citizens or to save money on costs. The matters that could be heard by a municipal court depend on the municipality, but typically include traffic matters, low level crimes and code infractions.

You will not see a set definition for what makes a misdemeanor 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 McLain?

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 popularly known city courts or town courts. Cases are managed by a magistrate who is usually an attorney, judge, or retired judge. Magistrates may be appointed by the mayor or city council members to serve for a specific time.

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 police officers in order to protect evidence from crime locations
  • Conduct preliminary inquiries to learn 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 common items involved in a regular municipal court matter.

First Step: An Issuance of Summons

A court summons is issued when an individual has been charged with violating a local rule 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 don’t show up, they may be found guilty in absentia and could be fined up to $1,000.00 or given a jail sentence if it’s a serious enough offense.

Step Two: Show Up 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 McLain, MS

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

A violation is an offense that carries a penalty of $500 or below, while a misdemeanor crime can have penalties up to $1,000.00 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 offenses. For example, if you are caught with marijuana without having a medical prescription for it then you could be fined up to $2k or spend up to six months in jail.

McLain Municipal Court Records

Municipal Court records from a municipal court could 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 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.

Questions ABOUT the McLain Municipal Court

What is municipal court in McLain, Mississippi?

In Mississippi, the municipal court is a lower court with civil and criminal jurisdiction within a town or municipality. Municipal courts will have a small area of influence and have limited authority as well, dealing only with petty crimes and misdemeanor charges.

What does the municipal court handle in McLain, 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. More serious cases/crimes are handled by higher authorities.

How many judges does the McLain Municipal Court have?

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

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 the people with each precinct’s results weighted based on the number of people. Municipal judges are often not attorneys but have some legal training and must finish multiple hours of ongoing material every year to maintain their credentials.