Village of Winston Municipal Division – Gallatin, MO

by | Oct 26, 2021

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

Village of Winston Municipal Division INformation

Court: Village of Winston Municipal Division
Address: “Daviess County Courthouse 102 North Main Street, Suite 6, Gallatin, MO 64640”
Phone: 660-663-2932

City: Gallatin
County: Daviess
State: Missouri

What is the role of the Village of Winston Municipal Division?

Municipal Courts are often called “courts of limited jurisdiction.” This means that they work with minor criminal charges, civil matters, and traffic matters. Courthouses like Village of Winston Municipal Division are the first level of court for this group of matters.

In other situations, the role 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 cases, more serious criminal infractions, or contract disputes.

County courts have the jurisdiction to deal with misdemeanors and civil actions that won’t exceed the amount of $15,000, while the circuits courts handle felony matters and larger civil matters.

TYPES OF affairs HEARD IN A MUNICIPAL COURT in Gallatin, Missouri

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 assist their citizens or to save money on expenditures. The cases that could be heard by a municipal court depend on the municipality, but typically include traffic tickets, low level crimes and code violations.

There is no set definition for what establishes a misdemeanor crime 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

how are cases managed in the municipal court in Gallatin?

Municipal courts are the first tier 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 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.

Magistrates administer hearings to determine:

  • Probable cause for an arrest
  • Set bail amounts and terms of release
  • Conduct arraignment hearings when charges are filed against suspects by police officers
  • Distribute search warrants to police officers in order to secure evidence from crime locations
  • Conduct preliminary inquiries to establish if there is enough evidence to charge

The common process of a Municipal Court Case

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

Step One: An Issuance of Summons

A court summons is issued when someone has been charged with violating a city ordinance or state law. The citizen who has received the summons will need to show up at their assigned time and courthouse, which is usually the municipal courtroom, to respond for the charge(s) against them. If they never appear, they may be found guilty in absentia and could be fined up to $1,000.00 or given a jail term 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 individual. 

Municipal Court Penalties in Gallatin, MO

Penalties change often, which is why it’s good to speak with licensed lawyer near you. The material below represents common penalties, but may not be 100% accurate for the Village of Winston Municipal Division. 

A violation is an offense that carries a penalty of $500 or less, while a misdemeanor charge 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 charges in municipal courthouses vary depending on the severity of an crimes. 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.

Village of Winston Municipal Division Records

Municipal Court records from a municipal court could be difficult to find because they are not always stored in one place 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 kind of of information is required by law to be available.

Common Questions ABOUT the Village of Winston Municipal Division

What is municipal court in Gallatin, Missouri?

In Missouri, the municipal court is a lower level with civil and criminal jurisdiction within a town or municipality. Municipal courts have a small jurisdiction and have limited authority as well, dealing only with petty charges and misdemeanors.

What does the municipal court handle in Gallatin, 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. Serious cases/crimes are deal with by higher authorities.

How many judges does the Village of Winston Municipal Division have?

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

How are cases heard in municipal courts in Missouri?

A municipal court judge may be either elected or appointed to serve for a set term of years or until retirement. Judges are sometimes chosen by the people with each precinct’s results weighted based on the number of people. Municipal magistrates are often not attorneys but have some legal education and must finish multiple hours of ongoing courses every period to maintain their licenses.