Municipal Court
The Trial Process

Address

City Hall -- First Floor 401 Independence St. Cape Girardeau , MO 63703

Phone: Fax:

573-335-1658 573-335-1501 573-335-7946

The Trial Process

At trial, the City Prosecutor will first present evidence against you. Then you will have a charge to present your evidence. At the trial, the Prosecutor must prove you guilty beyond a reasonable doubt. The Prosecutor will call witnesses to testify about the facts alleged in the charge. After each witness answers the Prosecutor’s questions, you or your attorney will have the right to question the witness. This is called cross-examination. Cross-examination is not a time when you can testify or argue with the witness.

After all witnesses for the City have testified, you will have an opportunity to present your case. You may testify and you may call witnesses to testify; however, you are not required to testify as you have a constitutional right not to incriminate yourself. If you do testify, you waive that right and may be questioned by the Prosecutor.

After all witnesses have testified, each side may give a closing argument.

The Judge must then decide if you are guilty or not guilty. If you are found guilty, the Judge will assess a punishment, considering the seriousness of the offense and any explanation offered by you during your evidence. If the Judge finds you not guilty, you are free to go.

Dress Code : All court appearances require appropriate court attire. No shorts are permitted in court .

Trial Schedule

TUESDAY (NON-TRAFFIC) TRIALS	THURSDAY (TRAFFIC) TRIALS
3:00 p.m.	3:00 p.m.

Right of Appeal/Trial de Novo

If the Judge finds you guilty after trial, you have the right to appeal this decision. When you appeal, you are asking for a new trial. The appeal is called a Trial De Novo. Your application for Trial De Novo must be filed within 10 days of the trial. Payment of a portion of the fine or failure to file the application within ten (10) days forfeits your right to appeal.

A filing fee in the amount of Thirty-seven dollars ($37.00) is required for each case appealed. The filing fee(s) and application for Trial De Novo must be filed with the Clerk before the case is transferred to the Circuit Court. This payment must be in the form of a Check or Money Order ONLY, payable to the "Associate Circuit Court".

If you wish to appeal, you must tell the Judge or the Municipal Court Clerk. Forms are available for an appeal at the Violation Bureau.

Mandatory Court Appearances

Only certain traffic violations are payable without an appearance in court. The following violations require a court appearance either in accordance with State Law or by the order of the Municipal Judge:

• DWI/BAC
• Driving with Suspended or Revoked License
• C & I Driving
• Driving without a Valid Operators License (2nd and Subsequent O ffenses )
• Failure to Provide Proof of Insurance ( With Proof of Ins.)
• Any traffic offense involving an accident ( regardless of extent of damage)
• All non-traffic ordinance violations (For example: stealing, peace disturbance, assault, animal control violations, nuisance violations, etc.)

The Clerks are available Monday-Friday 8:00 a.m. until 5:00 p.m. to assist you with general information, however they cannot give legal advice.