Breckenridge Hills Municipal Court
Your rights in Municipal Court
You are hereby advised of the following:
- Moving violations result in point assessment against your license.
- The court will advise you, upon request, as to the maximum and minimum punishment for any case in which you arc charged. Potential fines range from $1.00 to$1,000.00 depending on the charge. In certain cases, jail time is not 11 possibility. In other cases, you can be sentenced to jail time not in excess of ninety (90) days.
- You have the right to be represented by an attorney. The judge will appoint an attorney for you if you can show you cannot afford one and it appears to the judge there would likely be a jail sentence upon conviction.
- You have the right to plead not guilty or to persist in that plea if it has already been made and you have the right to certify your case to St. Louis County for a jury trial if requested within IO days of your plea.
- You have a right to remain silent and not make any statement which may be used in the prosecution of the charges against you.
- Any recommendation of the prosecution attorney is not binding upon the judge. The judge may or may not accept the recommendation.
If you plead guilty:
- You are waiving your right to a trial.
- The court will allow you time to pay your fine. If you are given an extension to pay your fine you will receive a slip explaining payment. Make sure you appear on the date for payment noted on the slip.
- If you would like the court to consider your ability to pay fines and court costs, you can request a fom1 which you can complete entitled Statement of Financial Condition.
If you plead not guilty:
- Your trial will be set on a date in the future. Failure to appear on your trial date may result in a warrant being issued for your arrest.
- Continuances to secure an attorney will not be granted on the night of trial. If you wish to be represented by an attorney you should retain an attorney prior to your trial date.
- You have the right to call witnesses on your behalf and to subpoena witnesses. Witness subpoenas are available from the Court Clerk.
- You have the right to confront and cross-examine witnesses against you. You have a right to testify; however, no one can compel you to testify.
- You may, if found guilty (by trial only), appeal your case or cases to the Circuit Court where you may have a new trial before a different judge or a jury. The appeal procedure is simple and will be explained to you before the trial hearing starts.
While in the courtroom, you are expected to:
- Remain seated until your name is called;
- Remove your hat, if male;
- Not smoke or consume food or drink;
- Not talk or make noise;
- Not sleep or otherwise disrupt the court proceedings
- Turn off your cell phones. They are not to be used for any purpose while in court.