How to Represent Yourself in Municipal Court I: Before Trial

You've received a speeding ticket, a building code violation or some other municipal citation, and you have chosen to go to court to fight it. In many states, you can go to a municipal court or some other special court to appear for these offenses, known as civil forfeiture or forfeiture cases. They are not criminal cases, and generally you can't be sentenced to jail (unless you don't pay your fine or you act in contempt of court). You are also able to represent yourself in what is called a pro se court. Other than these differences, municipal courts are just like any other court, with judges, clerks, court officers or bailiffs and other court personnel. The advantages to being involved in a municipal court case are that they are less expensive, tend to be less formal and more user-friendly. Although not all magistrate, municipal or other civil forfeiture courts have the same names, policies and forms, all follow the same due process outlined in the U.S. Constitution and you can expect similarities in the way your local court operates to this process.

Instructions

Difficulty: Moderate

1. If you are going to conduct your own case, be sure to collect all of the information you need. Generally, the citation has your court date listed on its face but sometimes this information is also given (or mailed) to you on a separate form. You may want to get copies of any police report (to which you are entitled) and names of addresses for any witnesses to the alleged violation.
2. Your first appearance will be to "enter a plea". You should be told by the court the name of the violation and the law it is based on as well as the fine or other judgment that the court may assign if you are found guilty. You should be asked if you have any questions before you are asked if you wish to plead "guilty", "no contest" or "not guilty". If you plead guilty or no contest, the judge (or commissioner) will tell you what your judgment is and how long you will have to satisfy it. If you plead not guilty, your case will be scheduled for trial.
3. Before trials, courts will often require a "pre-trial" or preliminary meeting between you and the municipal attorney to see if you both (the parties) can reach some agreement without a trial. The prosecutor may suggest an alternative disposition of your case or may even move to have your case dismissed before the trial date. If you agree and the court OK's the motion, your case is finished.
4. If you can't reach a settlement, the court will schedule a trial date. If you are unable to attend court at that time, you should immediately ask the court for an "adjournment" in writing. Be sure to give a reason, since schedules are often crowded and the court needs to know that your request legitimate. If you have witnesses you want to call in your defense, you give the court or the municipal attorney to summon them for the date of your trial.

Tips & Warnings

• "The court" means people who operate the court and make decisions, usually a judge (or court commissioner) and clerk. These people deliver all notices make and execute judgments. Occasionally, municipal courts may have juries but in most states, these are magistrate courts with judges or commissioners making decisions in what is called a "bench trial".
• Pro se courts are required to provide defendants with information about procedure in the court. Most municipal courts will either present this material as a printed sheet or pamphlet or the judge will recite how each case will proceed before it begins.
• If there are meetings with the judge, both parties must be notified so they may be present. This is a simple Fifth Amendment right. If the prosecutor or you run into the judge outside of the court (including the grocery store), you may not talk about your trial without the other side present.
• In civil forfeiture cases, the prosecutor does not have to prove your guilt "beyond a reasonable doubt" as in a criminal case. She only has to prove that there is a "preponderance of evidence" that you are guilty.
• A lot of articles say that judges don't like pro se cases. As a municipal judge, I always welcomed pro se defendants. It may have meant more explaining, but I found that I listened more carefully and the prosecutor tended to stay on point and engage in fewer trial tricks. Figure out whether you have a judge who sees pro se as a citizen's right or as a nuisance and proceed accordingly.