FAQ's
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Frequently Asked
questions regarding the Municipal Court
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Is
there a way to pay for a ticket without appearing in Court?
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Some
tickets can be paid without appearing in Court. You must, however, pay
the ticket on or before your court date. If the ticket is not paid on
or before your court date and you do not appear in court, a warrant for your
arrest will be issued.
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What
if I need to change the date of my arraignment or trial?
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If
you need to change the date of your arraignment, contact the office of the
Municipal Court Clerk. It is within the Court's discretion to grant
delays or continuances from the Court date, but the Court is reluctant to
change Court dates. Before granting a continuance, the Court may
require written proof of your excuse. If you need to change your trial date, you are required to
personally appear before the Judge to request a continuance.
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What
if I do not appear in Court on the date set for my arraignment or Trial?
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A
warrant may be issued for your arrest. If a warrant is issued, you will
be required to post bond or be taken to jail and required to remain in jail
until the earliest court date. Also, you may pay a fee when a warrant
is issued.
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Do
I have the right to be represented by an attorney?
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Yes.
You have the right to hire an attorney and have him or her speak for you in
Court. If jail is the possible punishment, you may request a court
appointed attorney. If you are financially eligible, an attorney will
be appointed to represent you.
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Do
I have the right to trial by jury?
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You
do have the right to request a trial by jury. There is a filing fee
that is required by the Circuit Court and an application must be filed in
order to transfer the case to the Circuit Court level.
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What
is Municipal Court?
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The
Municipal Court is a division of the Circuit Court. Cases in Municipal
Court involve alleged violations of City laws. If you have received a
ticket for a municipal ordinance violations, you have certain rights and
responsibilities. The information on this web page is to help you
understand these rights and responsibilities.
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What
is an Arraignment?
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An
arraignment is your first appearance in Municipal Court. When you are
given a ticket, you are also given a court date and time to appear in
Municipal Court. When you appear at your arraignment, your name will be
called. When your name is called, approach the bench. The Judge
will read the charge that has been filed against you. If you do not
understand the charge, ask the Judge to explain it. When the Judge asks
how you plead, you must say either "Guilty" or "Not
Guilty". "No Contest" pleas are not allowed in
Missouri Courts.
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What does a plea of Guilty
mean?
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If
you plead guilty, you are admitting to the Judge that you have committed acts
which violate a valid City law. The Judge will then decide what penalty
will be assessed. At this time, you will have an opportunity to tell
the Judge any special circumstances that you believe lessen the seriousness
of the violation. You cannot plead guilty and then in your explanation
to the Judge say that you did not violate the law.
After
listening to your explanation, the Judge will assess a penalty, considering
the seriousness of the offense and any explanation offered by you.
Remember, if you plead guilty, the Judge will find you guilty. Any
explanation offered by you can only affect the penalty. When you
plead guilty you will be giving up the following rights: To hire an
attorney to represent you; to have a trial before a court or jury; to call
witnesses to testify for you; to testify for yourself; to cross-examine any
witnesses that the City may call; and the right to appeal the judgment.
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What
does a plea of Not Guilty Mean?
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A
plea of not guilty means you believe you have not violated the law. When
you plead not guilty, the Judge will set a date for trial. You do not
need to be represented by an attorney if you want to plead not guilty.
You may represent yourself at trial. If you plead not guilty and later
decide to change your plea to guilty, you must reappear in court.
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What
is a Trial?
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At
the trial, the City Prosecutor will first present evidence against you.
Then you will have a chance to tell your side of the story. At the
trial, the Prosecutor must prove your guilty beyond a reasonable doubt.
The Prosecutor will call witnesses to testify about the facts alleged in the
charge. When each witness has finished answering the Prosecutor's
questions, you or your attorney will have the right to question the
witness. This is called cross-examination. Cross examination
is not a time when you can testify or argue with the witness.
After
all the witnesses for the City have testified, you will have an opportunity
to present your case. You may testify and you may call witnesses to
testify; however, you are not required to testify. If you do testify,
you may also be questioned by the Prosecutor.
After
you have presented your case, the Prosecutor has the right to present
"rebuttal" evidence. Rebuttal evidence is evidence that
explains or denies your evidence. After all witnesses have testified,
each side may give a closing argument.
The
Judge must then decide if you are guilty or not guilty. If you are
found guilty, the Judge will assess a
punishment, considering the seriousness of the offense and any explanation
offered by you during your evidence. If the Judge finds you not guilty, you are free to go.
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Appointment of Counsel
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If
the Prosecuting Attorney is requesting that you be sentenced to jail for the
violation for which you are charged, the Judge will notify you before you enter a plea of guilty or
not guilty. If jail is a possible punishment and you cannot afford an
attorney, the Court will appoint an attorney for you . You do not have
a constitutional right to have an attorney appointed if jail is not a
possible punishment.
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Right of Appeal, Jury
Trial/Trial de Novo
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If
you wish to have your case tried before a jury, you must notify the Judge
prior to entering a plea. An application for jury trial must be
submitted to the Court Clerk.
If
the Judge finds you guilty during trial, you have the right to appeal the
decision. When you appeal, you are asking for a new trial. The
new trial is called a Trial de Novo. Your application for Trial de Novo
must be done within ten days of the first trial. Payment of any portion
of the fine or failure to file within ten days forfeits your right to appeal.
An
application for Trial de Novo must be filed with the Clerk before
transferring the case to Circuit Court. This payment must be in the form
of cash or money order ONLY.
If
you wish to appeal, you must tell the Judge or the Municipal Court
Clerk. Forms are available for an appeal at the Violations Bureau.
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