Under Missouri law, you may be brought to trial only after a formal complaint has been filed. The complaint is the document that states what you are accused of, and that your action was unlawful.
- You have the right to have your attorney assist you through all stages of the proceedings
- You have the right to inspect the complaint before the trial and have it read to you at trial
- You are entitled to hear all testimony 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
- You may call witnesses to testify in your behalf
- You also have the right to have the Court issue subpoenas for witnesses to ensure their appearance at trial. However, you must obtain proper service of the subpoenas on your witnesses
- You may be represented by counsel, although it is not required. In cases in which conviction would likely result in a jail sentence, the Court will advise you to seek counsel
Presenting the Case
As in all criminal trials, the City will present its case first by calling witnesses to testify against you. You have the right to cross-examine each witness at the completion of his or her testimony. Your examination MUST BE IN THE FORM OF QUESTIONS. This is not a time to make a statement, and you MUST NOT argue with the witness. You will have the opportunity to testify later in the trial.
After the prosecution has presented its case, you may present your case. You have the right to call any witness knowing anything about the incident. You may testify in your own behalf, but cannot be compelled to do so. If you testify, the Prosecutor may cross-examine you.
The verdict of the Judge will be based on the facts proven during the trial. In making the determination, the Judge will only consider the evidence admitted and testimony of the witnesses who are under oath.
The Judge will announce the penalty if you are found guilty of the offense. You should be prepared to pay the fines and costs at that time.
The facts and circumstances of the case and your own record affect the amount of the fine assessed by the Court. Mitigating circumstances may lower the fine, and aggravating circumstances may increase the fine. In no case may the fine exceed $500 per offense. All fines are deposited in the General Fund of the City of Lee's Summit.
If you are found guilty of an offense, court costs will be added to the fine. Court costs are required by state law and are remitted both to the General Fund of the City and to the State Department of Revenue.