MUNICIPAL COURT
YOUR LEGAL RIGHTS
Court Process
You have certain rights in your case. You have the right to plead not guilty and to have a trial by either a judge or a jury. You have the right to confront and cross examine witnesses who testify against you and you have the right to subpoena witnesses to testify on your behalf. You have the right to give your own testimony or to not testify. You also have the right to plead guilty. If you decide to sign the guilty plea and waiver form on the bottom of your summons, or at docket check-in, this will constitute a waiver of all of your rights stated above and you will be convicted of the offense as filed by the City Prosecutor.
Pleading Guilty or Not Guilty
Guilty Plea
Pleading guilty is admitting to the Judge that you have committed acts which violate a City ordinance. The judge will determine what penalty will be assessed. You will have an opportunity to tell the Judge any circumstances you believe would lessen the seriousness of the violation. You cannot plead guilty and then in your explanation to the Judge say that you did not commit the offense.
After hearing your explanation, the Judge will assess a penalty. If you plead guilty, the Judge will find you guilty. Any explanation that is offered by you can only affect the penalty. When you plead guilty you will be giving up the following rights:
* To hire a lawyer 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 Village may call;
* To appeal your case to a higher court (Trial DeNovo)
Not Guilty Plea
A plea of not guilty means you believe you have not violated a village ordinance. When you plead not guilty, the Judge will set your case for trial at the end of the docket.
You are not required to be represented by an attorney if you plead not guilty. You may represent yourself at trial. No other person who is not an attorney can represent you.
Arraignment
Arraignment is your initial appearance in Municipal Court. When you receive a citation, you are given a court date and time to appear in Municipal Court. Upon appearing at your arraignment, you will check-in with the Bailiff in the courtroom. They will locate your file and forward it to the Judge. When the Judge calls your name, approach the bench. The Judge will verify your identity and read the charge that has been filed against you. When the Judge asks you how you plead, respond with either Guilty or Not Guilty. No Contest or Nolo Contendere pleas are not allowed in Missouri courts.
The charge that is filed against you may differ from the citation that you received. The Village Prosecutor reviews all charges filed with the court and may amend those charges at any time before verdict or finding of guilty.
Trial
On your trial night, the Prosecutor will call witnesses to testify about the facts of the case alleged in the offense. When each witness has finished answering the Prosecutor's question(s), you and or your attorney have the right to question any witnesses or present your own witnesses. You may testify on your own behalf but are not required to. If you do testify you will be questioned by the Prosecutor. After your case has been presented, the Prosecutor will present rebuttal evidence, or evidence explaining or denying evidence you presented.
Each side may now provide a closing argument.
The Judge will then decide if you are Guilty or Not Guilty. If found guilty, the Judge will assess a punishment ranging from $0 to $500.00 fine plus court costs and recoupment if applicable. The seriousness of your offense and any testimony, evidence or explanation offered by you will be considered by the Judge upon sentencing. If a fine and or court costs is part of your punishment, you will be required to pay the entire amount in full immediately. If the Judge finds you not guilty, you are free to go and there will be no punishment imposed.
If you plead Not Guilty but are found Guilty you do have the right to file a Trial DeNovo, and have your case heard in a higher court before a different Judge.
COURT CONTACT
- Municipal Judge - The Honorable Stuart Wieland
Court Clerk - Janet Stewart
Phone:(816)452-4539
Email:courtclerk@claycomo.org
Facsimile: (816)453-1852
Witnesses
If you are appearing as a witness, please check in with the bailiff in the courtroom upon arrival.
To Request a Continuance
You may request one continuance in advance of your court date. Contact the court by phone at (816) 452-4539 or at check-in. All other requests for continuance must be before the judge on your assigned court date. The judge cannot take telephone calls or see you outside of the courtroom. Continuances requests by voice mail, fax, or email will NOT be granted.
Plea Agreements
All plea agreements must go through the Village Prosecutor. The Prosecutor does accept mail-in please. Please contact the court office at (816)452-4539 for further information. The Village Prosecutor will be available to meet with attorneys at 4:30 pm on the night of court.
Failure to Appear
Failure to either pre-pay or appear on your assigned court date to dispose of your offense will result in a warrant being issued for your arrest. Your failure to appear or pay for your offense will be reported to your state licensing authority and your driving privilege will be suspended.
How Much is my Ticket
Failure To Maintain A Single Lane Of Traffic..................89.00
Failure To Signal/Improper Turn......................................89.00
Failure To Stop At A Red Light/Posted Stop Sign..........89.00
Failure To Yield Right Of Way (No Accident)..................89.00
FTY Right Of Way To An Emerg Vehicle/School Bus...109.00
FTY Of Way While Executing A Left Turn-No Accident..89.00
Driving Upon Berm/Shoulder In Opposite Direction........89.00
Excessive Acceleration..................................................129.00
Following Too Closely (No Accident)..............................89.00
Crossing Of Median Strip Where Prohibited.................129.00
U-Turn Where Prohibited................................................89.00
Improper Backing.............................................................89.00
No Valid Driver’s License
Valid License At Time Of Plea................................154.00
No Valid License At Time Of Plea..........................225.00
Improper Display of Registration
One Plate On Vehicle..............................................79.00
No Plates On Vehicle...............................................79.00
No Headlights When Required By Law........................79.00
Operating A Motor Vehicle On A Sidewalk...................89.00
Driving Wrong Way On One-Way Street......................89.00
Failure To Provide Proof Of Insurance
With Proof of Insurance At Time Of Plea..................129.00
Without Proof of Insurance At Time Of Plea............204.00
Manner Of Walking Along A Roadway.........................129.00
Defective Equipment.....................................................89.00
Did Leave Keys Unattended In Vehicle......................129.00
Did Litter 129.00 Failure To Dim Headlights.................79.00
No Taillights When Required By State Law..................79.00
Parking Where Prohibited............................................79.00
Loud Or Inadequate Mufflers......................................129.00
Failing To Wear A Safety Helmet When Required........79.00
Failure To Wear A Seatbelt............................................10.00
No Child Restraint (Under 4 Years of Age)...................79.00
Inoperable Vehicle Parked In Excess Of 10 Hours.....129.00
Parking In A Method That Obstructs Traffic..................44.00
Failure To Register/License Animals Per Ordinance....79.00
Failure To Affix Dog Tag To Dog Collar.......................129.00
Permitting Dog/Animal/Fowl To Run At Large...............79.00 SPEEDING (If 25 mph over, court appearance is mandatory)
1-5 mph over........79.00
5-10 mph over......89.00
11-15 mph over.....99.00
16-19 mph over..129.00
20-25 mph over...184.00