Your Rights in the Municipal Court of Black Jack, Missouri

The Municipal Court for the City of Black Jack, Missouri is authorized by the State Constitution and created by Ordinance of the City. The purpose of this Court is to provide you with a place to obtain a fair and impartial trial on any citation alleging a violation. The Court has jurisdiction of all cases arising under the Ordinances of the City of Black Jack and all such other jurisdiction as is or may be hereafter conferred by law. Upon conviction, you may be fined not less than One Dollar ($1.00), not more than one thousand Dollars ($1000.00), or you may be imprisoned, not to exceed three (3) months, or be punished by both fine and imprisonment. This Court does not settle questions of civil money damages.

While in the Courtroom, You Are Expected To:

Remove your hat.

Remain seated until your case is called.

Not smoke or consume food or drink.

Not talk, or make noise.

Not sleep or otherwise disrupt the Court proceedings.

You have a right to plead guilty, guilty with an explanation, or not guilty. You are presumed innocent unless and until the City’s Prosecution proves you are guilty beyond a reasonable doubt. When reasonable doubt exists, the case will be decided in your favor. If, after the charge is read and you understand it, you feel you have violated the law, you may enter a plea of guilty. If you wish to explain the circumstances surrounding the charge to the Judge, you may be asked to sit until the end of the docket call. After the docket has been called, you will be asked to make your explanation to the Judge. If you believe you have not violated the law or have a defense to the alleged violation, you should plead not guilty. If in doubt, plead not guilty. You are not given a heavier penalty because of the not guilty plea.

You have the right to be represented by an attorney and may employ one to represent you:

1. Before pleading to a charge.

2. To defend against any charge.

3. To protect your rights in any other court procedure before or after trial.

At the first setting of your case, you have the right to obtain a continuance in order to obtain a lawyer or to prepare your defense. If you desire a continuance, you should request it after your case is called and before entering your plea of guilty or not guilty. If you are indigent and unable to hire an attorney, the Court will appoint an attorney for you if you can show that you cannot afford one in any case where, upon conviction, there is the possibility of a jail sentence being imposed. However, you may waive such right if you choose.

IF YOU PLEAD GUILTY:

1. You will be sentenced this evening. Payment in full is imperative to dispose of the case. No partial payments will be accepted unless authorized by the Judge.

2. The Court may allow you time to pay your fine. If you are given an extension to pay your fine, you will receive a sheet explaining payment. READ THIS SHEET CAREFULLY. Make sure you appear on the court date noted on the slip if you have not paid your court fine as instructed. FAILURE TO APPEAR WILL RESULT IN A WARRANT FOR YOUR ARREST BEING ISSUED.

IF YOU PLEAD GUILTY WITH AN EXPLANATION:

You may be asked to sit and wait until the end of the docket call. At that time, defendants will be given an opportunity to present any unusual circumstances which they believe are in their favor. Please remember that when you plead guilty with an explanation, you are pleading guilty to the offense.

IF YOU PLEAD NOT GUILTY:

Because of the number of cases before the court each month and the need to have the officer and any witnesses present, your case cannot be heard tonight. You will be given a future court date for trial.

1. You have a 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 determining your guilty or innocence.

2. You have a right to question all witnesses who testify against you.

3. Your case is tried. If you are found not guilty, the case is dismissed.

4. You may, if found guilty, accept the decision of the Municipal Court or appeal your case to the St. Louis County Circuit Court, where you may have a new trial before a new Judge. The request for appeal must be made within ten (10) days of entry of the Court’s decision and cannot be extended for any reason. There is also a $65.00 filing fee paid to the Circuit Clerk of St. Louis County. Complete details of the appeal procedure will be explained to you by Court personnel upon request.

THE ORDER OF TRIAL:

1. The case is called.

2. The charge is read.

3. Witnesses are sworn.

4. The Prosecutor questions the City’s witnesses, you or your attorney then have the opportunity to cross-examine these witnesses.

5. You may testify and/or call witnesses to testify in your behalf to explain your version of what happened.

6. The City Prosecutor may question you and your witnesses.

7. The Judge renders the Court’s Decision.

This is a Court of Law established to protect the rights of all citizens. If there is anything you do not understand, do not hesitate to ask questions.

This Court is not conducted as a source of revenue. No part of any fine or costs goes to the Judge, the Prosecutor, any Police Officer or City Official. The efficiency of a police officer is not determined in a way by the number of tickets that he/she issues.

In traffic cases, the objective of the Court is to reduce the number of accidents and injuries in order to make our streets safer. Careful driving is the daily responsibility of each and every driver.

Please contact City Hall at  (3... for all other violations or if you have any questions regarding your summons. Court Costs must be included with your payment, even those cases paid out of court.