The City's Prosecutor's Office consists of a Chief Prosecutor, three Prosecutors
and a Secretary. The Prosecutor's primary practice is in City Court, which
has three divisions: I, II and III. The Prosecutor's Office, the Courts,
and the Court Clerk's Office are located on the lower level of the Shelby
County Criminal Justice Complex. The sessions of court begin at 9:00 a.m.
and at 1:30 p.m., Monday-Friday (except certain Holidays).
Jurisdiction
Jurisdiction in City Court is limited to City's Code of Ordinances violations, which occur within the City limits. This includes virtually all traffic violations (except DUI), prohibited sexual conduct cases, park offenses, dangerous weapons cases, animal offenses and general safety regulations.
Burden of Proof
(How much evidence is necessary?)
All City court proceedings are civil in nature and call for civil penalties,
which entail payment of a fine. In order for the City to prevail in a
case, the Prosecutor is required to prove that the offense occurred more
likely than not. Only in such a case will the defendant be required to
pay a penalty for a violation.
Early Payments vs. Mandatory Appearances
Most city ordinance violations may be paid as forfeitures prior to the
court date to Traffic Violations Bureau in lieu of appearing in court.
The few exceptions where a court appearance is mandatory are listed in
Section 21-50 of the Code of Ordinances, as well as on the back of the
defendant's copy of the ticket. Forfeitures are accepted up to 15 days
after the issuance of a ticket after which the defendant must make an
appearance in court to handle the case.
Continuances
If a person cannot appear in court on the first court date, a continuance must be sought. Continuances are granted in open court only. In order to request a continuance, a defendant must have an attorney, friend or relative appear on the assigned court date and request another date. The new date given will be a report date for the defendant to appear. The defendant is expected to appear on each subsequent court date, unless otherwise instructed by the Judge.
Penalty
The penalty upon a finding of guilt or a plea of guilty is a fine and
court costs. Upon hearing a case the Judge sets the fine from $1.00 to
$50.00, and the court costs, fines and fees are required by law to be
assessed.
Although the maximum fine is $50.00, a one-violation ticket can cost a
total of $136.75. Multiple-charge cases are calculated at $50.00 per charge
in addition to court costs, fees and taxes. In more serious, aggravated
or repeat offender cases, the Judge may assess an additional penalty of $200.00.
Failure to Appear
When a defendant fails to appear on the court date assigned, and no continuance
is requested, the Court automatically renders the maximum judgment allowed
under the Code of Ordinances. The defendant has ten days to request in
open court that the judgment be set aside and rescheduled. Likewise, the
defendant has 30 days to request in open court that the judgment be set
aside and reduced to a lower, guilty plea. The days are computed consecutively,
but if the final day falls on a weekend or holiday, the very next workday
will be deemed the final day. After 30 days, the judgment is final and
will not be set aside except for a legal
cause shown.
Appeals
The defendant may appeal de novo (all evidence is
re-presented) to civil Circuit court, if the City Court Judge assessed
a fine of $10.00 or more. An appeal must be commenced within 10 calendar
days of the conviction or judgment. In addition, a $250.00 bond must be
posted.
Answers to the Most Frequently Asked Questions:
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Am I afforded a Public Defender?
Neither the Federal nor State Constitutions require state-afforded
representation in civil actions.
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Am I required to have an attorney?
NO. Under state law, a person is allowed to represent him/herself
in court. Most people who come to City Courts do not have an attorney,
although some do.
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Can I expect advice from persons in the courtroom?
NO. Although the Prosecutors are attorneys, they are employed by and
represent the City. Any advice to a defendant would be a conflict-of-interest.
The Judges, who are also attorneys, are sworn to impartiality in fulfilling
their role as Judge and cannot give legal advice from the bench. Pursuant
to state law, anyone else in the courtroom is not qualified to give
legal advice and it would be illegal for them to do so.
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Can I demand trial by jury?
NO. Persons charged with violations of the
City Ordinances are not entitled to a trial by jury under Federal
or State constitutions in City Court.
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Can I expect to have an appointment with the prosecutor?
NO. The prosecutors, because of a voluminous caseload and the severity
of city cases not warranting discussion, do not schedule appointments.
Generally, the Prosecutors will hold a brief discussion of the case
in open court on the assigned court date.
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I have been served a Summons for Failing to Pay Court
Costs; can I negotiate with
the Prosecutor?
NO. The underlying case has been prosecuted previously. The judgement
is a penalty of the court. A defendant must appear and handle the
case with the Judge. The prosecutor has no role in these actions.
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I have been served a Subpoena to appear in Court;
who is going to pay my parking and my wages for missing work?
The City does not reimburse anyone's loss of wages for having to appear
in court, nor does the City pay for parking.
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I have been in a car accident; who is going to pay
my damages and/or injuries?
City courts only determine whether or not the ticketed person is in
violation of a City Ordinance. The City Judge neither determines fault
nor determines who is responsible for any damages or injuries caused
by the accident.
-
Will the ticket and/or accident be counted against
me on my driving record?
The State of Tennessee, Department of Safety, (not the Courts) ultimately
decides whether or not a ticket from an accident results in points
being assessed against the defendant's driving record. In all other
cases, the manner in which the ticket is handled or decided determines
whether the ticket will count against the defendant's driving record.