FAQ
Frequently Asked Questions:
A summary of your rights is below.
- Right to know when the court is open and attend court
- Right to release pending hearing unless the judge finds
- Your promise alone is not sufficient to ensure your appearance, or
- Your release poses a danger to the community.
- Right to access to court records
- Right to an attorney
- Right to a court-appointed attorney if you cannot afford an attorney
- Right to request sentencing alternatives
- Community service in place of fines
- Right to request a different judge
- Must be in writing
- No reason required for the first one if filed within 10 days of your initial plea
- You have a right to request a change of judge for cause (a reason) at any time.
- Right to trial
- At trial you have the right to
- Testify or remain silent
- Ask questions of witnesses testifying against you
- Subpoena witnesses
Trials
Trial is when you plead “not guilty” and are ready to bring witnesses and evidence to contest the case against you.
On your trial date the judge will expect you to
- Have your evidence, including trial exhibits and witnesses with you.
- Be represented by an attorney; OR be prepared to represent yourself in a legal capacity.
Request a Trial only if you will meet all of the above expectations.
Do not request a trial if you are unsure or merely need time to seek legal advice or gather money to pay your fine, consider a continuance instead.
Trial Process
- The case is ready to be heard by the Judge.
- Each witness shall swear, affirm or declare an obligation to tell the truth.
- The City’s witnesses explain their version of what happened.
- You or your attorney can ask questions of the City’s witnesses.
- You may call witnesses to explain your version of what happened.
- You may require witnesses to come to trial and testify with a subpoena.
- The City Prosecutor may question you and your witnesses, if you and your witnesses testify.
- You may choose 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 your guilt or innocence.
- The Judge makes findings of guilty or not guilty.
Trial Outcomes
- If you are found not guilty, the case ends.
- If you are found guilty, you can accept the decision of the Judge or appeal to the Circuit Court.
Appeals (Trial De Novo)
- If you appeal your case, you will be granted a Trial De Novo (new trial) before a different Judge.
- The request for appeal must be made within 10 (ten) days of the court’s decision and cannot be extended for any reason.
- Making payments on any fine the Judge ordered may cancel your ability to appeal.
- Trial De Novo application form must be completed at the clerk’s office and a $30 (cash only) filing fee within the 10 (ten) days.
Convictions of most, but not all, violations charged in the Sugar Creek Municipal Court may be appealed to the Jackson County Circuit Court. A new judge will hear the case without reference to any previous findings. Request for a jury may be made where authorized by statute. The Municipal Judge must first set an appeal bond. Because appeals must be filed within 10 days of sentencing in the Municipal Court, you will need to obtain the appropriate form, post the required bond, and pay a $30.00 appeal filing fee for each charge.
Police reports are available by contacting the Sugar Creek Missouri Police Department. Sugar Creek Police Department 816-252-5560, accident reports are available online. www.buycrash.com
https://www.authorizetransaction.com/docview/CrashSearch.aspx?AgencyORI=MO0481100
Information regarding Missouri point assessment and suspended/revoked licenses is available at the Missouri Department of Revenue. https://dor.mo.gov/
Information regarding Missouri point assessment and suspended/revoked licenses is available at the Missouri Department of Revenue. https://dor.mo.gov/
How long do I have to pay my fines and costs? Fines and costs are due the night you enter a guilty plea or are found guilty by the Judge unless you have entered into a payment agreement with the Court. A payment plan typically requires a minimum of at least $20 every two weeks.
While our building is closed to the public for the COVID-19 emergency you may email pdoss@sugar-creek.mo.us to request a payment plan or call clerk at 816-595-7490.
If you use a credit card in person or online there is an additional 2.25% surcharge. You may make payment plan payments online, by mail or at the secure drop box below the court window. You may make a partial payment on a ticket(s) online.
YOUR FAILURE TO APPEAR IN COURT AT THE TIME SPECIFIED ON YOUR CITATION, OR OTHERWISE RESPOND TO THE CITATION AS DIRECTED, MAY RESULT IN THE SUSPENSION OF YOUR DRIVER’S LICENSE AND DRIVING PRIVILEGE AND MAY RESULT IN A WARRANT BEING ISSUED FOR YOUR ARREST. OTHER LEGAL PENALTIES PRESCRIBED BY LAW MAY BE IMPOSED FOR FAILURE TO APPEAR AND DISPOSE OF THE VIOLATION.
Am I allowed a continuance? You are allowed ONE continuance prior to your first court date as long as there are no special circumstances such as cases in which a victim or witness have been subpoenaed. Continuances may be requested by contacting the court at 816.595-7490, Monday-Friday, 8:00 am – 4:00 pm.
If you need to change the court date, contact the office of the Municipal Court at 816-595-7490. It is within the Court’s discretion to grant one continuance from the Court date. If the case is set for trial, then a court appearance is required.If my ticket is payable, can I still plead not guilty and see a judge?
If you wish to dispute the citation, you must appear in court personally on the scheduled date, and enter a “not guilty” plea. Failure to appear in court on your scheduled court date can result in a warrant for your arrest.
How do I contest my traffic ticket?
If your plea is “not guilty” and you would like to request a court date, please call the Traffic Violation Bureau prior to your ticket payment due date, at 816-595-7490.
Yes. You may bring to the Clerk’s office, or email pdoss@sugar-creek.mo.us or fax #816-461-3493, upon proof of the proper insurance card, your ticket will either be dismissed by the City Prosecutor or you will be found not guilty by the Judge.
Standard court costs are $26.50 per offense. In addition to court costs, certain alcohol and drug related offenses may have recoupment costs assessed. These recoupment costs can range from $100-350 depending on the form of testing done.
The Court accepts all payment methods: cash, check, money order and credit/debit cards. (additional 2.25% surcharge on credit/debit cards) (A $25.00 fee for any returned checks or ACH (debit/credit card) payments.)
CASH, CHECK OR MONEY ORDER:
To dispose of your citation prior to the assigned court date, in person or by mail, you must:
1. Sign the Appearance, Plea of Guilty and Waiver on the back of your citation.
2. Obtain cash, money order, personal check or cashier’s check payable to Sugar Creek Municipal Court in the designated amount listed on the fine schedule.
3. Mail or bring in payment no later than 4:00 P.M. on your scheduled court date.
Mailed payments must be received by the court on or before the court date. Do not mail cash!
Mail to: Sugar Creek Municipal Court, 1001 Heroes Way, Sugar Creek, MO. 64054
Pay in person OR mail your payment to:
Sugar Creek Municipal Division
(located in the Police Department)
1001 Heroes Way
Sugar Creek , MO 64054
816.595-7490
PAYMENT HOURS
Monday – Friday, 8:00 A.M. – 4:00 P.M.
*excludes holidays*
If your violation/fine is not listed on the fine schedule, you must appear in court on the date and time listed on your citation.
Court is held in the Police & Fire Building, 1001 Heroes Way, Sugar Creek, MO. 64054.
Contact the court at 816.595-7490, Monday-Friday, 8:00 am-4:00 pm.
YOUR FAILURE TO APPEAR IN COURT AT THE TIME SPECIFIED ON YOUR CITATION, OR OTHERWISE RESPOND TO THE CITATION AS DIRECTED, MAY RESULT IN THE SUSPENSION OF YOUR DRIVER’S LICENSE AND DRIVING PRIVILEGE AND MAY RESULT IN A WARRANT BEING ISSUED FOR YOUR ARREST. OTHER LEGAL PENALTIES PRESCRIBED BY LAW MAY BE IMPOSED FOR FAILURE TO APPEAR AND DISPOSE OF THE VIOLATION.
No. All charges filed in the municipal division are city ordinance violations; they are not misdemeanors.
Points are placed against your driving record by the Missouri Department of Revenue according to the type of violation. Click here for more information on what violations have points www.dor.mo.gov
Contact the Department of Motor Vehicle to receive that information.
Please arrive 30-45 minutes before your scheduled hearing to allow enough time to go through security. Defendants are responsible for being on time and present in court when their cases are called. Those who are not could have a warrant issued for their arrest for failing to appear for the hearing.
If the case is payable, your options are to either 1. Plead guilty and pay your fine; 2. Plead guilty and enter a payment plan; 3. Post a bond to get a new court date.
If the case is non-payable, you may either 1. Post bond to receive a new court date.
All bonds must be paid in person at the Sugar Creek Police & Fire Building. Bonds cannot be posted online.
The 16th Circuit Court of Jackson County website includes a list of bail bondsmen who have been approved for the purpose of signing various bail bonds as sureties and/or as attorneys-in-fact.
https://www.16thcircuit.org/
Keep your address updated. Bond refund return letters are mailed to the address we have on file. Go in person to the Clerk’s Office. You must bring a state issued identification card, such as, a driver license to verify your identity.
Driver license reinstatement requirements are available at the Missouri Department of Revenue.
Missouri Department of Revenue
http://dor.mo.gov/
If you need disability accommodations for your court date, please contact clerk 816-595-7490 at least three (3) business days prior to your court date, and tell the clerk what accommodations you will need.
If you are the victim or City’s witness in a case, the City Prosecutor’s Office will only notify you if your presence is needed on that date.
A subpoena is a legal order to appear in court at a specific date and time. Subpoenas are issued when a defendant pleads not guilty and wishes to have a trial. The court may issue subpoenas to complainants, witnesses, and victims. If you are served a subpoena, it will remain in effect until the case is concluded or you are discharged by the Court. No additional subpoena is required for your future appearance at any hearing of the case. If you fail to appear while under subpoena, you may be held in contempt of court and it may result in the issuance of a warrant for your arrest.
If you were subpoenaed to court, your case will be called at 5:00 p.m. The Judge will confirm that the case is still set for trial and then ask all parties to have a seat so the Prosecutor can review the file. Trials will then be held at the end of the docket.
Do I need an attorney? You are not required to be represented by counsel, however, it is your right to retain an attorney.
How do I apply for an attorney? Every defendant appearing in court has the right to retain an attorney. If the defendant is facing a possible jail sentence and cannot afford an attorney, the defendant should request to the Judge an appointment of counsel. You may be required to fill out paperwork and submit financial documents.
Do I have the right to be represented by an attorney?
A. Yes, you have the right to hire an attorney and have him/her speak for you in Court. If jail is the possible punishment, you may request a court appointed attorney. If you are financially eligible, an attorney may be appointed to represent you at the discretion of the judge.
What if I cannot afford to hire an attorney?
You must appear in court on the scheduled arraignment court date and speak with the judge to request a public defender (indigent defense). There will be paperwork to complete regarding income and other determining factors. The judge will pre-qualify you at that time and if appropriate will continue your case to a future docket where a Legal Aid attorney will be present. Legal Aid of Western Missouri’s phone number is 816-474-6750.
For information about various legal resources available to the public:
- Missouri Bar Legal Resource phone line: 573-636-3635
https://mobar.org/site/content/For-the-Public/Lawyer_Directory.aspx