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Court Policies & Procedures
Policy Updates
Updates have been made to the following policies. Should you have any questions, contact the Court Administrator.
- FMC Policy 1.0 - Court Proceedings and Trials
- FMC Policy 2.0 - Continuance
- FMC Policy 3.0 - Payment of Fines and Fees
- FMC Policy 4.0 - Warrants
- FMC Policy 5.0 - License Suspensions
- FMC Policy 6.0 - Bond
- FMC Policy 7.0 - Limited English Proficiency Services
- FMC Policy 8.0 - Review and Auditing of Notices of Violation
- FMC Policy 9.0 - E-Filing Requirement for Ferguson Municipal Court Division
Court Procedures
- Proceedings
- Cellphones/ Devices
- How to Challenge a Charge
- 69.01 Determination Of Indigent Status
- Guilty Verdict
- Uniform Fine
- Statute 302.341
- Request for Continuance
Proceedings
- The court will start on time
- When your name is called, please come and stand before the Bench.
- You are presumed innocent until you plead guilty or are found guilty beyond a reasonable doubt after a trial.
- You have the right to be represented by an attorney
- You will be informed of the charge that has been filed against you. The range of punishment in the City of Ferguson is a fine of up to $1,000 and/or a jail sentence of up to 90 days. (Sec. 1-15)
- You have the right to plead not guilty and have a trial, including a jury trial.
- At a trial, the City is required to prove that you are guilty beyond a reasonable doubt.
- You or your attorney will have the right to question the witnesses who testify against you.
- You can call witnesses to testify on your behalf
- You may testify if you want to, but you cannot be required to testify
- If you want a jury trial, the case will be certified to the Circuit Court, and the trial will take place in Clayton.
Cellphones & Devices
Attorneys may bring cellphones to court, set on SILENT due to their use of calendars. Calls will not be answered or made in the courtroom while court is in session.
All other electronic devices are banned (cellphones, recorders, cameras, pagers, etc.). People appearing in court have a right to privacy. You may wish to return to your vehicle and lock such items out of sight.
When you appear before the Judge, you can challenge a charge by entering a "Not Guilty Plea".
Right to Trial
If you plead not guilty, your case will be scheduled for trial. Because of the number of cases the court hears each month and the need to have the officer and any witnesses present, your case cannot be heard that night.
You will be given a future court date for trial. When your case is scheduled for trial, it will be in the same court in which you appear, UNLESS you request a jury trial.
A request for a jury trial should be made by written motion 10 days prior to the scheduled trial date. If the motion is timely, your case will be sent to the presiding judge of the circuit court for a new trial date with a jury.
1. At trial, you have a right 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.
2. At trial, you have the right to ask questions of witnesses testifying against you.
3. You have the right to ask the clerk to issue a subpoena to require witnesses to come to trial and testify.
4. If you are found not guilty, the case ends.
5. If you are found guilty, you can accept the decision or appeal to the circuit court. If you appeal your case, you will be granted a new trial before a different judge. The request for appeal must be made in writing within 10 (ten) days of the court's decision and cannot be extended for any reason. You can appeal even if you are not able to pay by requesting an indigency review with the Judge. You may also ask the clerk for information on the process.
69.01 DETERMINATION OF INDIGENT STATUS
Guilty Verdict
If you are found guilty after a trial, you are entitled to a “trial de novo” (basically, a “do-over”) before a different judge in State Court – again, that will be in Clayton.
If you plead guilty, there is no trial of any type, and you waive your right to trial, to appeal, to an attorney, and to confront the witnesses against you.
Fines
If a fine is assessed and you cannot pay in full, a payment plan can (and will) be arranged. The plan may require that you appear at a later date if you are not complying with it—if you don’t appear as required, a warrant for your arrest could be issued. You will not be penalized for missing a payment; you will be arrested because you did not appear to explain why you were not complying with the plan YOU agreed to.
If you are unable to pay any fine, community service in lieu of a fine will be considered, as well as the following;
Waiver or suspension of imposition of any fine, fee, or cost or the amount previously assessed and due; Imposition of a lower amount of any fine, fee, or cost or of the amount previously assessed and due;
Community Service in lieu of any fine fee or cost: The Court may order community service, so long as no fee is charged for the performance of the community service. The Court should assign a monetary equivalent value to each hour of community service performed, which should be no less than Missouri's minimum wage at the time the community service is imposed. The monetary equivalent value of the total community service imposed should not exceed the monetary value of the fine, fee, or cost previously assessed.
or Court-approved programs or sanctions such as:
o Driver improvement courses;
o Education programs;
o Job skills training;
o Life skills courses; o Animal care classes;
o Mental health evaluation and/or treatment; o Substance abuse/alcohol evaluation and/or treatment;
o Underage tobacco prevention courses;
o Victim impact classes;
o Domestic violence intervention programs;
o Anger control education;
o Parenting classes;
o Larceny prevention programs; o Budgeting and money management courses;
o Mediation; or
o Essay/Letter of apology.
Any alternative sanction imposed due to a defendant's inability to pay should be, whenever possible, free of charge. At no point should an alternative sanction imposed in lieu of fines, fees, or court costs result in a greater monetary cost to the defendant than the original fines, fees, or court costs imposed.
You may be required to appear in court at a future date if you fail to meet your community service obligations – if you fail to appear to discuss why you were unable to fulfill the obligation YOU requested, a warrant may be issued for your arrest for failing to appear.
Uniform Fine
There is a Uniform Fine Schedule in place for ‘routine’ offenses. By law, some offenses cannot be resolved without a Court appearance – those exceptions include:
- Any violation resulting in personal injury or property damage
- Operating a motor vehicle while intoxicated or under the influence of intoxicants or drugs
- Operating a vehicle with a counterfeited, altered, suspended, or revoked license
- Fleeing or attempting to elude an officer
- Any other violation excluded by law.
MISSOURI STATUTE 302.341
1. If a Missouri resident charged with a moving traffic violation of this state or any county or municipality of this state fails to dispose of the charges of which the resident is accused through authorized prepayment of fine and court costs and fails to appear on the return date or at any subsequent date to which the case has been continued, or without good cause fails to pay any fine or court costs assessed against the resident for any such violation within the period of time specified or in such installments as approved by the court or as otherwise provided by law, any court having jurisdiction over the charges shall within ten days of the failure to comply inform the defendant by ordinary mail at the last address shown on the court records that the court will order the director of revenue to suspend the defendant's driving privileges if the charges are not disposed of and fully paid within thirty days from the date of mailing. Thereafter, if the defendant fails to timely act to dispose of the charges and fully pay any applicable fines and court costs, the court shall notify the director of revenue of such failure and of the pending charges against the defendant. Upon receipt of this notification, the director shall suspend the license of the driver, effective immediately, and provide notice of the suspension to the driver at the last address for the driver shown on the records of the department of revenue. Such suspension shall remain in effect until the court requests setting aside the noncompliance suspension pending final disposition, or satisfactory evidence of disposition of pending charges and payment of fine and court costs, if applicable, is furnished to the director by the individual.
Request for Continuance
One continuance by phone will be granted if made prior to the initial court date. Any additional request for a continuance must be submitted in writing to the Judge at least 48 hours in advance of the Court date. The request can be submitted either by mail, fax, email, or dropped off in person at the Court Window. Please use the form below for the request.
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Michelle Richmond
Court Administrator
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Physical Address
110 Church Street
Ferguson, MO 63135
Phone: (314) 524-5264Fax: (314) 524-4127
Municipal Court Window Hours
Monday - Thursday
8:30 a.m. - 4:30 p.m.Friday
8:30 a.m.- 12:00 p.m.*Court Payment Window Has Moved*
110 Church Street
Ferguson, MO 63135