Memphis Municipal Division – Memphis, MO

Oct 26, 2021

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

Memphis Municipal Division INformation

Court: Memphis Municipal Division
Address: “Scotland County Courthouse 117 South Market Street, Suite 200, Memphis, MO 63555”
Phone: 660-465-8605

City: Memphis
County: Scotland
State: Missouri

What is the role of the Memphis Municipal Division?

Municipal Courts are commonly called “courts of limited jurisdiction.” Which means that they deal with minor criminal charges, civil disputes, and traffic matters. Courts like Memphis Municipal Division are the first level of court for these types of cases.

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, injury cases, more serious criminal charges, or breaches of contract.

County courthouses have the jurisdiction to deal with misdemeanors and civil actions that can not exceed the amount of $15,000.00, while the circuits courts handle felonies and bigger civil matters.

TYPES OF CASES adjudicated IN A MUNICIPAL COURT in Memphis, Missouri

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 help their citizens or to save money on expenditures. The matters that will be heard by a municipal court depend on the municipality, but typically include traffic matters, criminal misdemeanors and code infractions.

You will not find a standard for what makes a misdemeanor versus a felony charge, 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’s the process for cases in the municipal court in Memphis?

Municipal courts are the lowest level of the court system in the United States. They have jurisdiction over minor crimes, traffic violations, 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 preside over 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
  • Issue search warrants to police officers in order to secure evidence from crime scenes
  • start preliminary inquiries to determine if there is enough evidence to charge

The usual process of a Municipal Court Case

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

Step One: An Issuance of Summons

A court summons is given when an individual has been charged with violating a town rule or state law. The individual who has received the summons from the court will need to appear at their assigned time and place, which is usually the municipal courtroom, to respond for the charge(s) against them. If they don’t show up, they may be found guilty anyways and could be fined up to $1000 or given a jail sentence 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 individual. 

Municipal Court Penalties in Memphis, MO

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

A violation is an offense that carries a penalty of $500 or below, while a misdemeanor can have penalties up to $1000 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 crimes in municipal courts vary depending on the severity of an charges. For example, if you are caught with marijuana without having a medical prescription for it then you could be fined up to $2,000 or spend up to six months in jail.

Memphis Municipal Division Records

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

FAQs ABOUT the Memphis Municipal Division

What is municipal court in Memphis, Missouri?

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

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

How many judges does the Memphis Municipal Division have?

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

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 retirement. Judges are commonly elected by precincts with each precinct’s results weighted according to the number of people. Municipal magistrates are often not attorneys but have some legal training and must complete multiple hours of ongoing education every year to maintain their licenses.