Court is held the 1st Thursday of every month at 1:30 p.m.
STRAFFORD MUNICIPAL COURT
YOUR RIGHTS IN MUNICIPAL COURT
Your presence in Municipal Court today is perhaps your first experience in any court. This information has been prepared to help you understand the court proceedings and to inform you of your rights and duties. Every person should leave this court feeling that he or she has had a fair and impartial trial or hearing.
Please remove your hat and be seated. There is no talking, drinking, or smoking during court. When your name is called, come forward. The violations that you are alleged to have committed will be read and at that time you should be prepared to plead either:
Your decision on what plea to enter is the most important decision you have to make. We suggest that you read the following explanations before entering your plea. If you decide that you would like to seek the services of an attorney, please inform the Judge and you will be given time to do so.
PLEA OF GUILTY
By a plea of guilty, you admit that you committed the act charged, that the act is prohibited by law, and that you have no defense for your act. Before you enter a plea of guilty, you need to understand the following:
PLEA OF GUILTY WITH AN EXPLANATION
This plea has the same effect as a plea of guilty, but says that you would like to explain to the Judge mitigating circumstances with respect to the punishment only.
In both cases of a plea of guilty, a fine will be assessed. The mitigating circumstances explained to the Judge may or may not have an effect on the amount of the fine assessed.
PLEA OF NOT GUILTY
A plea of not guilty means that you deny guilt and that the City must prove its charges against you. Your case will be set for trial and you will be given a date to appear. You will receive NO other notice with regard to your trial date.
If you plead not guilty, you will need to decide whether to employ an attorney to represent you at trial. You may defend yourself, but no one else except an attorney may represent you.
THE TRIAL
At the time of the trial, the city will be required to prove all the allegations against you as contained in the formal complaint "beyond a reasonable doubt", before a verdict of guilty can be reached.
Under Missouri law, you can be brought to trial only after a formal complaint has been filed. The complaint is the document which alleges what you are supposed to have done, and that your action was unlawful.
As in all criminal trials, the City will present its case first by calling witnesses to testify against you.
After each prosecution witness has finished testifying, you will have the right to cross-examine him or her. Your examination MUST BE THE FORM OF QUESTIONS. This is not a time to make a statement and you must not argue with the witness. You will have an opportunity to make a statement later in the trial.
After the prosecution has presented its case, you may present your case. You have the right to call any witnesses who know anything about the incident.
You may testify in your own behalf, but cannot be compelled to do so.
The Judge will base his decision only on the State Law or City Ordinance involved and the facts as determined by the testimony and other evidence presented. When you testify, try to be fair and calm. Do not evade answering any questions.
THE VERDICT
The verdict of the Judge will be based on the testimony which sounds most reasonable and on the facts presented during the trial. In making his determination, he will only consider the testimony of the witnesses who are under oath.
If you are found guilty by the Judge, he will announce the penalty. You should be prepared to pay the fine at that time. You may request and extension of time to pay or an extension of ten (10) days to appeal the ruling of the Judge. This Notice of Appeal must be filed with the Municipal Court within ten (10) days after the verdict.
FINES
The amount of fine assessed by the court is affected by the facts and circumstances of the case. Mitigating circumstances may lower the fine. However, aggravating circumstances may increase the fine. In no case may the fine exceed $500.00 per charge. All fines are deposited in the General Fund of the City of Strafford.
COURT COSTS
If you are found guilty of an offense, court costs will be added to the fine. Court costs are required by state law and are remitted both to the General Fund of the City and to the State Department of Revenue. Court costs are $29.50.
RIGHT TO APPEAL
If you are not satisfied with the verdict of this Court, you have the right to appeal the verdict to the Circuit Court of Greene County. If you do appeal, you must post court costs of $30.00 with the Municipal Court Clerk who will then forward the money and the case filed to the Circuit Court. You will be notified of a new court date and your case will be heard again in its entirety by another judge. You must file the appeal within ten (10) days of the judgement. If the judgement is not appealed within ten (10) days, it becomes final and you must pay the fines and costs assessed by the Court.
STRAFFORD MUNICIPAL COURT
YOUR RIGHTS IN MUNICIPAL COURT
Your presence in Municipal Court today is perhaps your first experience in any court. This information has been prepared to help you understand the court proceedings and to inform you of your rights and duties. Every person should leave this court feeling that he or she has had a fair and impartial trial or hearing.
- Municipal Court is the judicial branch of city government and is a part of the state judicial system.
- Misdemeanor criminal cases, which are ordinance violations for which the maximum fine, upon conviction, does not exceed $500.00 or 90 days in county jail, are tried in Municipal Court.
- Trials are conducted under the rules set forth in the Missouri Revised Statutes and Rules of Evidence.
Please remove your hat and be seated. There is no talking, drinking, or smoking during court. When your name is called, come forward. The violations that you are alleged to have committed will be read and at that time you should be prepared to plead either:
- Guilty
- Guilty with an explanation, or
- Not Guilty
Your decision on what plea to enter is the most important decision you have to make. We suggest that you read the following explanations before entering your plea. If you decide that you would like to seek the services of an attorney, please inform the Judge and you will be given time to do so.
PLEA OF GUILTY
By a plea of guilty, you admit that you committed the act charged, that the act is prohibited by law, and that you have no defense for your act. Before you enter a plea of guilty, you need to understand the following:
- The City has the burden of proving its case against you. You have the right to hear the City's evidence and to require it to prove its case. The law does not require you to prove anything.
- If you were involved in a traffic accident at the time of the alleged offense, your plea of guilty could be used later in a civil suit for damages as an admission by you that you were at fault or were the party responsible for the accident.
- All Fines & Costs are due at the time you plead guilty.
PLEA OF GUILTY WITH AN EXPLANATION
This plea has the same effect as a plea of guilty, but says that you would like to explain to the Judge mitigating circumstances with respect to the punishment only.
In both cases of a plea of guilty, a fine will be assessed. The mitigating circumstances explained to the Judge may or may not have an effect on the amount of the fine assessed.
PLEA OF NOT GUILTY
A plea of not guilty means that you deny guilt and that the City must prove its charges against you. Your case will be set for trial and you will be given a date to appear. You will receive NO other notice with regard to your trial date.
If you plead not guilty, you will need to decide whether to employ an attorney to represent you at trial. You may defend yourself, but no one else except an attorney may represent you.
THE TRIAL
At the time of the trial, the city will be required to prove all the allegations against you as contained in the formal complaint "beyond a reasonable doubt", before a verdict of guilty can be reached.
Under Missouri law, you can be brought to trial only after a formal complaint has been filed. The complaint is the document which alleges what you are supposed to have done, and that your action was unlawful.
- You have the right to inspect the complaint before trial and have it read to you at trial.
- You have the right to have your case tried before a jury if you desire.
- You are entitled to hear all testimony introduced against you.
- You have the right to testify in your own behalf. You also have the constitutional right not to testify. If you choose not to testify, your refusal cannot and will not be used against you in determining your guilt or innocence. However, if you do choose to testify, the prosecutor will have the right to cross-examine you.
- You may call witnesses to testify in your behalf.
- You also have the right to have the court issue subpoenas for witnesses to ensure their appearance at trial. However, you must furnish the names, addresses and telephone numbers of these witnesses to the court at least one week prior to your trial date. It is your responsibility to serve subpoenas.
As in all criminal trials, the City will present its case first by calling witnesses to testify against you.
After each prosecution witness has finished testifying, you will have the right to cross-examine him or her. Your examination MUST BE THE FORM OF QUESTIONS. This is not a time to make a statement and you must not argue with the witness. You will have an opportunity to make a statement later in the trial.
After the prosecution has presented its case, you may present your case. You have the right to call any witnesses who know anything about the incident.
You may testify in your own behalf, but cannot be compelled to do so.
The Judge will base his decision only on the State Law or City Ordinance involved and the facts as determined by the testimony and other evidence presented. When you testify, try to be fair and calm. Do not evade answering any questions.
THE VERDICT
The verdict of the Judge will be based on the testimony which sounds most reasonable and on the facts presented during the trial. In making his determination, he will only consider the testimony of the witnesses who are under oath.
If you are found guilty by the Judge, he will announce the penalty. You should be prepared to pay the fine at that time. You may request and extension of time to pay or an extension of ten (10) days to appeal the ruling of the Judge. This Notice of Appeal must be filed with the Municipal Court within ten (10) days after the verdict.
FINES
The amount of fine assessed by the court is affected by the facts and circumstances of the case. Mitigating circumstances may lower the fine. However, aggravating circumstances may increase the fine. In no case may the fine exceed $500.00 per charge. All fines are deposited in the General Fund of the City of Strafford.
COURT COSTS
If you are found guilty of an offense, court costs will be added to the fine. Court costs are required by state law and are remitted both to the General Fund of the City and to the State Department of Revenue. Court costs are $29.50.
RIGHT TO APPEAL
If you are not satisfied with the verdict of this Court, you have the right to appeal the verdict to the Circuit Court of Greene County. If you do appeal, you must post court costs of $30.00 with the Municipal Court Clerk who will then forward the money and the case filed to the Circuit Court. You will be notified of a new court date and your case will be heard again in its entirety by another judge. You must file the appeal within ten (10) days of the judgement. If the judgement is not appealed within ten (10) days, it becomes final and you must pay the fines and costs assessed by the Court.