A municipal court is a court with restrictive jurisdiction over criminal offenses and civil disputes within its location. These courts can be found at the county or city tier.
New Franklin Municipal Division INformation
Court: New Franklin Municipal Division
Address: “Howard County Courthouse 1 Courthouse Square, Fayette, MO 65248”
What is the role of the New Franklin Municipal Division?
Municipal Courts are routinely called “courts of limited jurisdiction.” This means that they work with minor crimes, civil cases, and traffic incidents. Courts like New Franklin Municipal Division 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 matters, personal injury cases, more serious criminal infractions, or lawsuits.
County courthouses have the jurisdiction to deal with misdemeanors and civil actions that can’t exceed the amount of $15,000.00, while the circuits courts handle felonies and larger civil cases.
TYPES OF Legal Matters seen IN A MUNICIPAL COURT in Fayette, Missouri
Municipal courts are the entry 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 help their population or to save money on administrative costs. The cases that may be heard by a municipal court can change based on on the municipality, but typically include traffic matters, low level criminal charges and code infractions.
You will not see a set definition for what makes a misdemeanor versus a felony charge, 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
how are cases managed in the municipal court in Fayette?
Magistrates administer hearings to determine:
- Probable cause for an arrest
- Set bail amounts and the conditions of release
- Conduct arraignment hearings when charges are filed against individuals by police officers
- Issue search warrants to police officers in order to seize evidence from crime scenes
- Conduct preliminary examinations to learn if there is enough evidence to charge
The usual process of a Municipal Court Case
Step One: An Issuance of Summons
Second Step: Show Up before Judge or Magistrate
Municipal Court Penalties in Fayette, MO
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 New Franklin Municipal Division.
A violation is an offense that carries a penalty of $500 or below, while a misdemeanor crime can possess 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 courthouses vary depending on the severity of an offenses. For example, if you are caught with marijuana without having a license for it then you will be fined up to $2,000 or spend up to six months in jail.
New Franklin Municipal Division 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 charge they have in front of the court, where it’s at in the process, and what kind of of information is required by law to be present.
Common Questions ABOUT the New Franklin Municipal Division
What is municipal court in Fayette, 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 area of influence and have limited authority as well, dealing only with petty offenses and misdemeanors.
What does the municipal court handle in Fayette, Missouri?
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 handled by higher authorities.
How many judges does the New Franklin Municipal Division have?
The number of judges depends on the municipality’s population.
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 they retire. Judges are sometimes chosen by the people with each precinct’s results weighted according to population. Municipal magistrates are often not attorneys but have some legal education and must finish multiple hours of continuing education every period to maintain their credentials.