City of Warrenton

Plea and Trial Information

Before Court Begins

Proper attire is required for a court appearance. Sleeveless shirts, shorts and/or hats are not suitable for court. Phones and other electronic devices are not allowed in court. Weapons and food/drinks are not allowed in court. Do not smoke or use e-cigarettes. Do not sleep or disrupt the court proceedings.

As the Judge enters the courtroom, please rise. Afterwards, please be seated. Remain seated until your case is ready to be heard. When your name is called, come forward and wait to be summoned before the Judge. The violations that you are alleged to have committed will be read and at that time you should be prepared to plead either:

If you signed a citation in the presence of a police officer, you did not plead guilty by doing so. Rather, you only signed a promise to appear in court on your appearance date. Your decision on what plea to enter is the most important decision you will have to make in court. We suggest that you read the following explanations before entering your plea. If you decide that you would like to seek the services of an attorney, please inform the Judge and you will be given time to do so.

Plea of Guilty

By entering a plea of guilty, you admit that you committed the offense with which you were charged, that the act is prohibited by law, and that you have no defense for your act.

Before entering a plea of guilty, you should understand the following:

  • The City has the burden of proving its case against you beyond a reasonable doubt. This means the City must prove each and every element of the offense with which you were charged beyond a reasonable doubt. You have the right to hear the City’s evidence and to require it to prove its case. The law does not require you to prove anything. If the City does not prove each and every element of the offense beyond a reasonable doubt, the Judge will find you not guilty.
  • If you were involved in a traffic accident at the time of the alleged offense, your plea of guilty could be used later in a civil suit for damages as an admission by you that you were at fault or were the party responsible for the accident.

You are URGED to plead NOT GUILTY if you do not believe that you are guilty.

Plea of Guilty with an Explanation

This plea has the same effect as a plea of guilty, but says that you would like to explain to the Judge the circumstances surrounding the offense with respect to the punishment only.

In both cases of a plea of guilty, a fine may be assessed. The explanation to the Judge may or may not have an effect on the amount of the fine assessed.

Plea of Not Guilty

A plea of not guilty means that you deny guilt and that the city must prove its charges against you at trial. Your case will be set for trial and you will be given a date to appear. You will receive no other notice with regard to your trial date.

If you plead not guilty, you will need to decide whether to employ an attorney to represent you at trial. You may defend yourself, but no one else except an attorney may represent you.

At the time of the trial, the City will be required to prove all the allegations against you as contained in the formal complaint beyond a reasonable doubt, before a verdict of guilty can be reached. Again, if the City does not prove each of the elements of the offense with which you were charged, beyond a reasonable doubt, the Judge will find you not guilty.

The Trial

Under Missouri law, you can be brought to trial only after a formal complaint has been filed. The complaint is the document that alleges what you are alleged to have done, and that your action was unlawful.

  • You have the right to inspect the complaint before trial, and have it read to you at trial.
  • You have the right to have your case tried before a jury if you desire. You must make this request in writing at least 10 days before your scheduled trial date in the Municipal Court.
  • You are entitled to hear all testimony introduced against you.
  • You have the right to cross-examine any witness who testifies against you.
  • You have the right to testify in your own behalf if you choose to do so. You also have a constitutional right not to testify. If you choose not to testify, your refusal cannot and will not be used against you in determining your guilt or innocence. However, if you do choose to testify, the prosecutor will have the right to cross-examine you.
  • You may call witnesses to testify in your behalf if you choose to do so.
  • You have the right to present evidence in your defense if you choose to do so.
  • You also have the right to subpoena your own witnesses. The court can provide you with the forms needed to do so.
  • You have the right to consult with an attorney and/or to be represented by an attorney if you choose to be represented by one.  If you are indigent and cannot afford to hire an attorney, the Judge will appoint an attorney for you free of charge if:
    • The Court finds you are indigent and cannot hire an attorney, and
    • It appears to the Court there is a possibility of a jail sentence if you plead guilty or if you are found guilty.

Presenting the Case

As in all criminal trials, the City will present its case first by calling witnesses to testify against you.

After each prosecution witness has finished testifying, you will have the right to cross-examine him or her. Your examination must be in the form of a question. This is not a time to make a statement and you must not argue with the witness. You will have an opportunity to make a statement later in the trial.

 After the prosecution has presented its case, you may present your case. You have the right to call any witness who knows anything about the incident.

Right to Appeal

If you are not satisfied with the judgment (verdict) of the court, you have the right to appeal the verdict to the Warren County Circuit Court. If you do appeal, you may be required to post a filing fee (either certified check or money order made payable to the Warren County Circuit Clerk) to cover court costs with the Court Clerk who will forward the money and the case files to the Circuit Court. If you are indigent (unable to pay the fee), you may be eligible to have the fee waived. You will be notified of a new court date by the Warren County Circuit Court, and your case will be heard again by another judge in its entirety. You must file this appeal within 10 days of the Municipal Court judgment. If the judgment is not appealed within 10 days, it becomes final and you must pay the fines and costs assessed by the Municipal Court.

Failure to Appear

Failure to appear in court could result in a warrant being issued for your arrest. If you were charged with a minor traffic offense, a Lieu of Bail notice will be sent to the Department of Revenue and you will be unable to renew your drivers license or get a new drivers license. If you were charged with a non-minor traffic offense, notice will be sent to the Department of Revenue and your driving privilege will be suspended.