A municipal court is a court with restrictive area of authority over criminal offenses and civil disputes within its location. These courts can be found at the county or city level.
Whitwell Municipal Court INformation
Court: Whitwell Municipal Court
Address: “13671 Highway 28, Whitwell, TN 37397”
Phone: 423-658-5151 ext. 2
What is the role of the Whitwell Municipal Court?
Municipal Courts are often called “courts of limited jurisdiction.” Which means that they deal with minor criminal charges, civil disputes, and traffic tickets. Courts like Whitwell Municipal Court are the first level of court for these types of cases.
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, more serious criminal infractions, or breaches of contract.
County courts 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 bigger civil cases.
TYPES OF Matters adjudicated IN A MUNICIPAL COURT in Whitwell, Tennessee
Municipal courts are the bottom rung of courthouses in the United States. 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 people or to save money on administrative costs. The cases that could be heard by a municipal court vary depending on the municipality, but typically include traffic violations, low level criminal charges and code infractions.
You will not find a standard for what makes 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
what is the procedure for cases in the municipal court in Whitwell?
Judges administer hearings to determine:
- Probable cause for an arrest
- Set bail amounts and conditions of release
- Conduct arraignment hearings when charges are filed against defendants by police officers
- Distribute search warrants to law enforcement officers in order to protect evidence from crime locations
- start preliminary inquiries to understand if there is enough evidence to issue a charge
The typical process of a Municipal Court matter
Step One: Issuance of Summons
Step Two: Show Up before Judge or Magistrate
Municipal Court Penalties in Whitwell, TN
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 Whitwell Municipal Court.
A violation is an offense that carries a penalty of $500 or less, while a misdemeanor charge can carry penalties up to $1k 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 prescription for it then you will be fined up to $2k or spend up to six months in jail.
Whitwell 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 before the court, where it’s at in the process, and what kind of of information is required by law to be available.
FAQs ABOUT the Whitwell Municipal Court
What is municipal court in Whitwell, Tennessee?
In Tennessee, the municipal court is a lower level with civil and criminal matters within a city or municipality. Municipal courts will have a small area of influence and have limited authority as well, dealing only with petty crimes and misdemeanors.
What does the municipal court handle in Whitwell, Tennessee?
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 deal with by higher authorities.
How many judges does the Whitwell Municipal Court have?
The number of judges depends on the municipality’s population.
How are cases heard in municipal courts in Tennessee?
A municipal courthouse judge may be either elected or appointed to serve for a set duration or until they retire. Judges are commonly elected by the people with each precinct’s results judged based on the number of people. Municipal magistrates are generally not lawyers but have some legal education and must complete several hours of ongoing education every year to maintain their credentials.