Overbrook Municipal Court – Overbrook, KS

Oct 26, 2021

A municipal court is a court with small jurisdiction over criminal offenses and civil matters inside its area. These courts can be found at the city or county tier.

Overbrook Municipal Court INformation

Court: Overbrook Municipal Court
Address: “401 Maple Street, Overbrook, KS 66524”
Phone: 785-224-6826

City: Overbrook
County: Osage
State: Kansas

What is the role of the Overbrook Municipal Court?

Municipal Courts are often called “courts of limited jurisdiction.” Which means that they deal with minor crimes, civil cases, and traffic tickets. Courthouses like Overbrook Municipal Court are the first level of court for this group of matters.

In other situations, 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, personal injury cases, more serious criminal infractions, 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, while the circuits courts handle felonies and bigger civil cases.

TYPES OF CASES adjudicated IN A MUNICIPAL COURT in Overbrook, Kansas

Municipal courts are the lowest level of courts 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 service their people or to save money on administrative costs. The matters that will be heard by a municipal court vary depending on the municipality, but typically include traffic matters, low level criminal charges 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 Overbrook?

Municipal courts are the entry 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. 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 serve for a specific period of time.

Judges manage hearings to determine:

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

The common process of a Municipal Court matter

The process of a municipal court case can be difficult to navigate. The following is an overview of the common items involved in a regular municipal court case.

First Step: Issuance of Summons

A summons is sent when an individual has been charged with violating a local ordinance or state law. The person who has received the summons from the court will need to be present at their assigned time and courthouse, which is usually the municipal courtroom, to respond for the charge(s) against them. If they don’t come, 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 show up after being summoned by the judge, there may be a warrant issued for the person.

Municipal Court Penalties in Overbrook, KS

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

A violation is an offense that has a penalty of $500 or less, while a misdemeanor can carry penalties up to $1000 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 crimes in municipal courts vary depending on the severity of an charges. For example, if you are caught with marijuana without having a license for it then you will be fined up to $2k or spend up to six months in jail.

Overbrook 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 an individual might need to depend on the type of matter they have in front of the court, what stage it is at in the process, and what kind of of information is needed by law to be available.

Common Questions ABOUT the Overbrook Municipal Court

What is municipal court in Overbrook, Kansas?

In Kansas, the municipal court is a lower court with civil and criminal jurisdiction 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 Overbrook, Kansas?

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 deal with by higher authorities.

How many judges does the Overbrook Municipal Court have?

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

How are cases heard in municipal courts in Kansas?

A municipal court judge may be either elected or appointed to serve for a set term of years or until they retire. Judges are commonly chosen by precincts with each precinct’s results weighted based on the number of people. Municipal magistrates are often not lawyers but have some legal training and must finish multiple hours of continuing material every period to maintain their licenses.