MUNICIPAL COURT
YOUR LEGAL RIGHTS
RIGHT TO KNOW WHEN COURT IS OPEN
Every municipal court has different hours it is open. It is important that you check the court's website or call the court's clerk to determine when it is open.
RIGHT TO ATTEND COURT
Municipal courts in Missouri are open to the public
RIGHT TO RELEASE PENDING HEARING
If you are in jail for a municipal court charge, you have the right to be released unless the court decides you need to be in jail for the protection of the community. If the court orders your release from jail, there may be conditions on your release, including bail.
RIGHT TO ACCESS COURT RECORDS
If you have a case in municipal court, you have the right to see the court records for your case. This includes records that show charges, court rulings, fins and other information for your case.
RIGHT TO AN ATTORNEY
You have the right to be represented by an attorney and may hire one at any time, When you first appear in court, you can ask to postpone the hearing one time so you can hire an attorney, However, you are not required to have an attorney represent you. You may represent yourself.
RIGHT TO HAVE A JUDGE DECIDE IF YOU CAN AFFORD A LAWYER OR PAY FINES
If you want an attorney, but cannot afford one, you can ask that the judge decide if you qualify for a court-appointed attorney. You may be required to fill out paperwork about your finances as part of this process.
You can also request the judge to decide if you are able to pay court fines or to be granted an alternative sentence. You may be require to fill out paper work regarding your finances as part of this process.
RIGHT TO A COURT APPOINTED ATTORNEY
If you show you cannot afford an attorney, and the city is seeking to put you in jail, the court will provide an attorney to represent you.
RIGHT TO REQUEST A DIFFERENT JUDGE
You may request a change of judge for any reason with ten (10) days after you enter your initial plea. If it is past the ten (10) days, then you must show cause why the judge should be changed.
In addition, a judge may decide he or she can not hear the case if they have a conflict of interest in the case or the judge will appear as the prosecuting attorney in a neighboring county where the prosecuting attorney will serve as judge.
RIGHT TO TRIAL
If you plead not guilty, your case will be scheduled for trail. Because of the number of cases the court hears each month and the need to have the officer and any witnesses present, your case cannot be heard that night. You will be given a future court date for trial.
When your case is scheduled for trial, it will be in the same municipal court in which you appear, UNLESS you request a jury trial. A request for a jury trial should be made by written motion 10 days prior to the scheduled trail date, If the motion is timely, your case will be sent toe the presiding judge of the circuit court for a new trial date with a jury.
At trial, you have the right to testify or remain silent. If you remain silent, it is not considered an admission of guilt. If you testify, the judge may consider any statement you make in deciding you guilt or innocence.
You have the right to ask questions of witnesses testifying against you.
You have a right to subpoena witnesses to come to trail and testify.
If you are found not guilty, the case ends.
If you are found guilty, you can accept the decision or appeal to the circuit court. If you appeal your case, you will be granted a new trail before a different judge. The request for appeal must be made within ten (10) days of the court's decision and cannot be extended for any reason. You can appeal even if you are not able to pay. You may ask the clerk for information on the process.
PUNISHMENT AND FINES
If you plead guilty or are found guilty, you may face the following:
- Minor traffic violation - up to $225 total fines and costs
- Housing, zoning or building codes violations - up to $200 total fine & costs for the first violation; $275 for the second violation in a year; $350 for the third violation and $450 for the fourth violation.
- All other municipal code violations - up to $500 fine plus costs.
You may be able to pay your fines by mail, online or in person instead of appearing in court. Please check with the clerk to get information on how you can pay fines and costs in this municipality.
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