Owensville Municipal Division – Hermann, MO

Oct 26, 2021

A municipal court is a court with restrictive area of authority over criminal charges and civil disputes inside its area. These courts can be found at the county or city tier.

Owensville Municipal Division INformation

Court: Owensville Municipal Division
Address: “Gasconade County Courthouse 119 East 1st Street, Suite 6, Hermann, MO 65041”
Phone: 573-486-2632

City: Hermann
County: Gasconade
State: Missouri

What is the role of the Owensville Municipal Division?

Municipal Courts are often called “courts of limited jurisdiction.” This means that they handle minor criminal charges, civil disputes, and traffic violations. Courts like Owensville 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, personal injury cases, more serious criminal charges, or breaches of contract.

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

TYPES OF Matters adjudicated IN A MUNICIPAL COURT in Hermann, Missouri

Municipal courts are the lowest level of courts 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 citizens or to save money on overhead costs. The cases that will be heard by a municipal court can change based on on the municipality, but typically include traffic crimes, low level criminal charges and code violations.

You will not find a standard for what establishes 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

How are cases handled in the municipal court in Hermann?

Municipal courts are the first 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 assist for a specific period of time.

Magistrates manage hearings to determine:

  • Probable cause for 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 protect evidence from crime scenes
  • start preliminary inquiries to determine if there is enough evidence to mount a charge

The common process of a Municipal Court matter

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

First Step: Issuance of Summons

A summons from the court is issued when a person has been charged with violating a town ordinance or state law. The person who has received the court summons will need to be present at their assigned time and place, which is usually the municipal courtroom, to respond for the charge(s) against them. If they fail to appear, they may be found guilty in absentia and could be fined up to $1000 or sentenced to jail time if it’s a serious enough offense.

Step Two: Appearance 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 Hermann, MO

Penalties change often, which is why it’s good to speak with licensed attorney. The material below represents common penalties, but may not be accurate for the Owensville Municipal Division. 

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

Owensville Municipal Division 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 in front of the court, what stage it is at in the process, and what kind of of information is required by law to be available.

Questions ABOUT the Owensville Municipal Division

What is municipal court in Hermann, Missouri?

In Missouri, the municipal court is a lower court with civil and criminal matters within a town or municipality. Municipal courts will 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 Hermann, Missouri?

Depending on the area 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 Owensville 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 term of years or until retirement. Judges are sometimes elected by the people with each precinct’s results evaluated according to the number of people. Municipal magistrates are generally not lawyers but have some legal training and must finish many hours of continuing education every period to maintain their credentials.