Know Your Rights

Your Rights in the Municipal Division

Your presence in 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.

The Municipal Division of the 23rd Judicial Circuit is a Municipal Division of the Circuit Court of Jefferson County, Missouri government, and is a part of the state judicial system.

Ordinance violations for which the maximum fine, upon conviction, does not exceed $500.00 and/or 90 days in jail, are tried in the Municipal Division.

Trials are conducted under the rules set forth in the Missouri Revised Statutes Rules of Evidence.

Before Court Begins

As the Judge enters the courtroom, please rise. Afterward, please be seated. There is no talking, drinking, or smoking during court. When your name is called, come forward to the podium before the Judge. The violation(s) 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.

If you signed a citation in front of an officer, you did not plead guilty, but only signed a promised to dispose of the charges of which you were accused through appearance or prepayment of fine and cost.

Your decision on what plea to enter is the most important decision you will 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 entering 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.

Plea of Not Guilty

The Judge will base his/her 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 try to evade answering any questions.

Remember: The City is not always right; that is why we have Courts. The Court is not always right; that is why you have the right to appeal.

Right to Appeal

If you are found guilty by the Judge you have the right to appeal the verdict to the 23rd Judicial Circuit Court. Only cases in which a court conviction was entered may be appealed. If you do appeal, you must pay a filing fee per case to cover the cost. You will be notified of a new court date, and your case(s) will be heard again by another Judge in its entirety. You must file this appeal within fifteen (15) days of the judgment. If the Judgment is not appealed within 15 days, it becomes final, and you must pay the fines and costs assessed by this court.

Fines

The amount of fine assessed by the Court is affected by the facts and circumstances of the case. Mitigating circumstances may increase the fine. In no case may the fine exceed $500.00. All fines are deposited in the General Revenue of the City of Pevely. Failure to appear and failing to show cause to pay fines by the date specified by the judge will result in a warrant being issued for your arrest.

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 Revenue of the City and to the State Department of Revenue. Court cost in the Pevely Municipal Court are $27.50

Questions

Should you have any questions regarding your rights in this court, please feel free to discuss your concerns with the Judge.