NEWTON MUNICIPAL COURT
COURT PROCEDURES
How to Navigate the Court System: If you are considering representing yourself
on a case in the Municipal Court, you may benefit from becoming familiar with the
court system. Many resources are available online, in public libraries, and bookstores.
DRESS CODE AND RULES OF THE COURTROOM
- Appropriate clothing and shoes will be worn.
- Wearing a hat and or cap in the courtroom is not allowed.
- Food and drinks are not allowed in the courtroom
- Talking is not allowed while Court is in session, except with authorized Court
personnel.
- No smoking in the courtroom.
RIGHT TO AN ATTORNEY
In all cases in the Municipal Court you have the right to an attorney.
If you do not have the means to hire one, the Court may appoint an attorney to represent
you. You may get an application for a court appointed attorney at the court
office and fill it out while you wait to see the judge.
DISCLAIMER
The following information should not be construed as legal advice, but should be
regarded as mere guidance. Any specific questions should be directed to your
choice of legal representative.
PLEADING TO A CHARGE
You must decide upon, and enter a plea to the charge against you. The three
possible pleas are:
- no contest
- guilty
- not guilty
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.
- PLEA OF NO CONTEST
A no contest plea, simply means that you do not wish to contest the City's charge
against you and allows the judge to find you guilty. A plea of no contest
cannot be used against you as an admission of guilt in a civil suit for damages.
- PLEA OF GUILTY
By a plea of guilty, you admit that you committed the act charged. Before
entering your plea of guilty, you need to understand the following:
- You have the right to hear the City's evidence and to require the City to prove
it's case. The law does not require you to prove anything.
- Your plea of guilty could be used later in a civil suit for damages as an admission
by you that you were at fault.
- PLEA OF NOT GUILTY
A plea of not guilty means that you are informing the court that you deny guilt
and that the city must prove it chares against you. If you plead not guilty,
you will need to decide whether to employ an attorney to represent you at trial.
You may defend yourself. If you are a minor (under 18 years of age) one of
your parents should be present.
TRIAL
If you decide to defend yourself, please read the following screens regarding
trial procedure and the manner of presenting your case. Under our American
system of justice, all persons are presumed to be innocent until proven guilty beyond
a reasonable doubt. On a plea of not guilty, a trial is held and the city
is required to prove all allegations against you as contained in the formal complaint
beyond a reasonable doubt before a verdict of guilty can be reached.
In the Municipal Court, all trials are by Judge, NOT by jury. You are entitled
to hear any and all evidence introduced against you. You have the right to
testify on your own behalf, as well as a constitutional right not to testify.
If you choose to testify, the prosecutor will have the right to cross examine you.
You may call witnesses on your own behalf. You also have the right to have
the court issue subpoenas for witnesses to ensure their appearance at trial.
You must furnish the court the names, addresses, and telephone numbers of witnesses
to the court as soon as possible, and at least 10 working days before your trial
date.
PRESENTING THE CASE
The city will present its case first by calling witnesses to testify against
you. After each prosecutor's witness has finished, you will have the right
to cross-examine him/her. Your examinations must be in the form of questions
and you must not argue with the witness.
After the prosecution is done presenting their case, you may present your case.
You have the right to call any witnesses who know anything about the incident, an
to introduce exhibits such as photographs and diagrams.
THE VERDICT
The verdict of the judge will be based on the facts presented during trial.
In making his determination he can only consider the testimony of the witnesses
who are under oath. If you are found guilty by the judge, he/she will proceed towards
sentencing.
FINES
The sentence assessed by the court is effected by the facts and circumstances
of the case. Mitigating circumstances may lower the fine. However, aggravating
circumstances may increase the fine. If you have circumstances for the judge
to consider, you may present them after conviction and before sentencing.
RIGHT TO APPEAL
If you are not satisfied with the judgment of the court, you have the right to
appeal your case to the case to the Harvey County District Court. If you do
decide to appeal a written notice of appeal must be filed with the court clerk within
ten days of the judgment.
