Numerous misdemeanor cases and municipal ordinance violations are handled in Municipal Court. Nearly every city and town in the state has a Municipal Court. Municipal Courts are presided over by a locally appointed or selected municipal court judge and its own prosecutor. Normally, Missouri cities and towns can establish their own set of city ordinances which govern matters within city limits, including criminal offenses and traffic violations. Cities and towns establish criminal ordinances which criminalize various types of behaviors and acts.
Common municipal court cases include: trespassing DWI/DUI, assault, public intoxication, harassment, shoplifting, run a stop/light, speeding tickets, possession of marijuana, possession of drug paraphernalia, failure to comply, refusal to disperse, and various traffic violations.
If you are arrested or charged in a city or town in Missouri with either a misdemeanor or ordinance violation, and charges are filed in the case, it will most likely be heard in the Municipal Court of the city where the offense occurred. Generally, the maximum punishment that may be imposed by a municipal court is limited to 90 days in jail and a $500.00 fine. In many instances a municipal arrest will result in charges being filed by the state through the county prosecuting attorney. In these instances, the Missouri Criminal Code provides the punishments allowed, both in terms of jail terms and fines.
Municipal Courts do not have jury trials. Instead they are presided over by a municipal court judge who decides the case. Court proceedings in a Municipal Court are typically not as formal as those in Missouri circuit courts. Regardless, a municipal charge is a still a serious charge. You could still be incarcerated in the city jail for up to 90 days and you could face fines and courts costs totaling hundreds, or in some cases thousands of dollars depending on the offense committed. In addition, you may be placed on probation, required to pay restitution, or required to attend classes or programs as part of your sentence. Most importantly a Municipal Court charge is still a criminal charge, and results in a criminal record.
Because the United States and Missouri Constitution’s guarantee the right to a trial by jury, all municipal court proceedings in Missouri can be appealed to a higher court. If you are convicted in Municipal Court, you may file an appeal within 10 days of the judgment. This appeal then goes to the Circuit Court for further proceedings. Appealing and Municipal Court conviction is a technical process, and the assistance of an experienced Missouri criminal defense attorney is essential.
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