City prosecutors represent the City of Memphis in prosecuting violations of City Code for traffic, health, and safety pursuant to citations issued by Police, Animal Control Officers, and other enforcement personnel. Prosecutors practice in three City Courts at sessions held Monday through Friday at 9:00 A.M. and 1:30 P.M. Prosecutors review matters on the Courts’ dockets, do pre-trial investigation review and witness interviews, and decide on which cases will be prosecuted in City Court. Additionally, prosecutors represent the City of Memphis on cases appealed from City Court to Circuit Court and Appeals Courts.

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 $210.75. 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.

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