Frequently Asked Questions

Show All Answers

1. Does the city attorney's office provide legal advice to citizens?

The city attorney's office represents the city of St. Joseph as a public entity. The office does not handle private litigation on behalf of city residents. In other words, the city attorney's office does not handle divorces, child custody issues, wills, adoptions, tenant-landlord problems, personal bankruptcies, collections, etc. Citizens will need to contact a private attorney of their choosing, or, in some instances, may wish to contact the Small Claims Court at 816-271-1456.

2. What does the City Prosecutor do?

The City Prosecutor is the person who actually files the official complaint against you in Municipal Court. Technically, the City Prosecutor will review the case and decide whether there is legal cause to believe you have committed a violation of the law. In some cases, the City Prosecutor will file charges that are different from what the officer wrote on the ticket. This is part of the City Prosecutor's duty and is completely legal. The complaint filed by the City Prosecutor is not expected to resolve all of those issues. The facts of a case are finally decided by the Municipal Judge at trial. The judge may find you guilty or not guilty at trial. If the judge finds that you are guilty of the crime charged at trial, he may assess a fine, probation or possibly jail time depending on the crime charged and the circumstances of the case. However, you may plead guilty to the crime and no trial will be held. The judge may assess a fine, put you on probation, or possibly sentence you to jail depending on the crime charged. This is part of the process so that contested charges are decided fairly. The City Prosecutor does not dismiss cases unless there is a legal reason to do so.

3. Will it cost me extra to talk to the City Prosecutor?

The City Prosecutor never charges fees or costs to you or your attorney. If you are not represented by an attorney, you must come in person to your arraignment to talk to the City Prosecutor about your case. However, you may come in person before your arraignment to speak with the prosecutor if you are unable to attend your arraignment on its scheduled date. The City Prosecutor has no obligation to talk to a defendant about his/her case, and may choose not to in certain instances. If you have your own attorney, you must let your attorney handle all communications with the City Prosecutor's Office. It is unethical for any City Prosecutor to talk to a represented defendant without his/her attorney.

4. When the Police Department indicates that it will be referring the case to the City Prosecutor, what steps do I need to take to follow up on the problem and the possibility of charges being filed?

The Police Department will send its written report (or information card) to the City Prosecutor's Office for review. However, just because the Police Department advises that the information is being forwarded to the City Prosecutor's Office does not mean that the City Prosecutor will automatically file charges. The City Prosecutor may decline prosecution based upon the information in the report due to the fact that the ultimate discretion on whether or not to file a charge rests with the City Prosecutor. This is because cases filed in Municipal Court are brought by the City of St. Joseph, not by the victim/citizen. (Many victims believe that when charges are filed, it is their own personal case against the defendant. This is not the case.) If you wish to follow up on the possibility of charges being filed, you will need to make an appointment with the City Prosecutor.

5. What if I hire an attorney to represent me?

If you hire an attorney to represent you in court or otherwise, you will be responsible for your own attorney's fees. Fees for your own attorney vary, but most attorney's charge fees based on the amount of time spent on a case or on a flat fee based on the type of case. If you hire your own attorney, you must let your attorney handle all communications with the City Prosecutor's Office.

6. Who can I talk to about a ticket?

The City Prosecutor prosecutes violations of City ordinances, which include most traffic offenses charged in the City of St. Joseph (speeding, accidents, driving while revoked, and first offense DWI). It may also include minor misdemeanor crimes such as trespassing, property destruction, disturbing the peace, and assaults not involving serious injury.

*NOTE: The Buchanan County Prosecutor has a separate office and prosecutes more serious offenses charged under State law, which include violent crimes, felonies, most drug-related offenses, serious assaults, and repeat DWI offenses. The Buchanan County Prosecuting Attorney's Office also prosecutes traffic and speeding tickets and other violations outside City limits. All bad check charges are handled by the County Prosecuting Attorney's Office.

7. Why can't I talk to the City Prosecutor about my ticket over the phone?

Citations are formal and official proceedings. They require serious attention and require face to face communication. This is a protection for you because it helps prevent persons unrelated to the case from inquiring about the details of the case. It also allows the City Prosecutor to better identify the person he/she talked to regarding a case. Parking infractions are not handled by phone because of the high number of tickets and the minor fines involved. There are forms to protest a parking ticket if you believe you have received a parking ticket in error. To obtain a parking protest form, click on the link under Related Documents on the Legal page, or call Revenue Services at (816) 271-4760.