An Overview of the Gadsden Municipal Court
The City of Gadsden Municipal Court is specifically designed to handle cases that arise under the laws of the city and state. Despite its jurisdictional limitations, it has subject matter jurisdiction over a wide range of criminal offenses, civil infractions, and traffic violations. The court is organized into divisions that address each area of the law that it handles. The civil and traffic divisions handle cases such as driving under the influence (DUI) charges and speeding tickets. The criminal division addresses misdemeanor charges, including driving with a suspended or revoked license, shoplifting, and other misdemeanors. The municipal court division has jurisdiction over city ordinance matters. For instance, if you were in a car accident in Gadsden and got charged with driving without insurance , you will have to go to the municipal court to have your case resolved.
The Gadsden Municipal Court has jurisdiction over various offenses defined by state law, city ordinances, and the public safety code. Cases that the Gadsden Municipal Court does not have subject matter jurisdiction can be transferred to the appropriate circuit courts. For instance, felonies are not handled in the municipal court system because they are too serious of a crime and require a jury trial that municipal courts cannot hold. Suppressing evidence as part of a criminal defense is one area where you want an experienced attorney on your side. Your attorney can file a motion to suppress evidence before your case is transferred to the circuit court. If you think your case may qualify for suppression, then you should consult with an attorney as soon as possible.
Court’s Location and Contact Details
The City of Gadsden Municipal Court is conveniently located in the heart of downtown Gadsden at 115 South 2nd Street, Suite 100. The Municipal Court is a short drive from Interstate 59 and Interstate 759, making it easily accessible to individuals traveling from neighboring cities and counties. It is also not far from the Police Department, located on 90 Broad Street, ensuring a proximity when you find yourself in need of a good attorney or magistrate.
Municipal Court is open Monday through Friday from 7:30 a.m. to 4:30 p.m., with the exception of City recognized holidays. New Year’s Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, and Thanksgiving are just a few of the celebrated holidays, and Municipal Court will be closed on these days. Always confirm your court date prior to heading to the courthouse, as the full court schedule is subject to change. You can check the Gadsden Municipal Court monthly calendar on the Municipal Court website for upcoming court dates.
Individuals with court-related inquiries should call or email their questions to Municipal Court. The main court line is 256-549-4611, or 256-549-4612 for general inquiries. Additionally, in order to speak with a court clerk about your case, a citizen will need to dial 256-549-4611 and ask to speak to the assigned judge’s clerk. Municipal Court employees are generally very helpful and courteous. They take great care to help the public in any way possible while remaining within the limits of their duties and laws. Egan & Associates Law Firm, LLC prides itself on staying up to date on all of the rules and regulations prescribed to Municipal Courts to ensure that its clients are represented fairly in every case. To obtain representation from Egan & Associates Law Firm, however, a prospective client must first make contract with an attorney.
The Municipal Court website also provides a list of contact information for judges and court personnel. The main judge of the Gadsden Municipal Court is Judge Jonathan D. Price, who was appointed to the position in 2010. Another Magistrate assigned by the Chief Justice of the Supreme Court of Alabama to the Gadsden Municipal Court is Judge David C. Jablonski. Angela McCay is a full-time Circuit Court clerk who helps provide coverage for the Gadsden Municipal Court room. Natalie Morris is a full-time District Court clerk.
Criminal matters in the Gadsden Municipal Court are overseen primarily by Judge Price. For the most part, civil actions are also handled by Judge Price as they arise. Depending on the case load, certain civil issues may be heard by a Gadsden Municipal Court magistrate. Typical cases adjudicated in Municipal Court are traffic violations, misdemeanors, civil suits, parking violations, and debt collection suits arising under $6,000. Unfortunately, felony criminal cases do not fall under the jurisdiction of the Gadsden Municipal Court.
If you have a scheduled court date for Municipal Court and lose it, call or visit the court as soon as possible to obtain a copy of the test sheet. If you are found not guilty of the charges brought against you or if your case is dismissed, no need to worry about the FTA Case Number. As long as you are not considered a fugitive, you will remain free from arrest.
What Types of Cases are Heard
The Gadsden Municipal Court is a court of limited jurisdiction that handles a variety of cases that are specific to violations of the law or municipal codes within the city limits of Gadsden. Most commonly, cases that come before this court are traffic or ordinance violations. The court also hears misdemeanor cases that are brought within the jurisdiction of the municipality.
Individuals who are taken into custody for charges such as drug possession can be brought into Gadsden Municipal Court and charged under city ordinance in addition to or instead of state charges. Innocent until proven guilty is a guarantee to defendants in this court.
Things get serious if an individual is convicted of an offense which carries a punishment of imprisonment for a year or more. In this case, the Individual may appeal the conviction to district court.
There are several other types of cases that are considered Gadsden Municipal Court cases, including domestic cases, building code violations, domestic violence, and juvenile delinquency.
Juvenile delinquency is a term used to define status offenses or crimes committed by minors (individuals under the age of 18). Most often, juveniles are cited for things such as truancy, curfew violations, and underage drinking.
Court proceedings designed to show mercy for first time, non-violent offenders, called alternative sentencing, have become commonplace in Gadsden Municipal Court. Individuals under 21 years of age accused of alcohol-related offenses in the municipality can go through a community service program, known as the Alcohol Awareness Program.
Court Procedures and Policies
Each case filed in the Gadsden Municipal Court is assigned a case number and related docket number. The case number begins with the year the citation was written followed by a dash and a three-digit number. The three-digit number is assigned in the order of which citation was written. A citation number is the same thing as your case number followed by a dash and then another number. This is assigned by the police officer on the day of your arrest or police stop. A docket number is assigned to cases from the Municipal Court that have a "suspended jail time." A d6-xx-xxxx will be assigned to the case. The "d" stands for district court and the "6" for the district court in Gadsden. The "xx" in this case represents the court calendar and the "xxxx" are the last two digits of the year, in this case the last two digits of the year 2015.
Defendants must bring their appointment reminders with them when they appear in court. This appointment reminder tells defendants in what courtroom the case will be heard in the morning and in the afternoon. In the morning, at 9:00 am, the following courtrooms will hear the cited charges: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 7.6. These rooms are on the 2nd floor in the Circuit Court building facing the Courthouse. In the afternoon at 1:00 pm, court will be held in these court rooms: 1, 2, 3, 4, 5, 6, 7, 3.1, 3.2, 3.3, and 3.7. These rooms are also on the 2nd floor in the Circuit Court building facing the Courthouse. Room 1 is where the first appearances will be. This room will be crowded with other defendants with charges pending which will complicate the case of the defendant with a non-jailable citation like failure to wear a seatbelt.
When you are asked to give your plea, it is not necessary to explain the story of the offense, only to inform the court of your plea. It is not unusual if the state offers a plea bargain in exchange for a ticket reduction or waiver. If a defendant is in jail, his case will be heard on the docket during the 11:00 am call. If he bonded out or is waiting to be picked up from jail, he is required to appear at 9:00 am on the next scheduled court date.
If a defendant appears on any court date at 9:00 am, he is offered a plea bargain to waive court trial in exchange for a fine amount being assessed and thereby not having to make a trial appearance. The plea bargains usually range from $75.00 to $295.00, and if the defendant fails to appear at 1:00 pm, forfeits his bond amount on the citation.
It is very important that all parties are on time for court. The defendant and the witnesses for the defendant as well as the attorneys are required to file their Plea Agreements with the Municipal Court Clerk’s Office at the time of trial. If the witness arrives late, it is very probable that the case will be heard before the witness arrives and if the evidence is complete, the case will be assigned for another trial date. On occasion, some witnesses are late because they are coming from the work place of the witness. In this case, the municipal court will usually excuse the lateness of the witness and allow the court to consider the testimony of the Late Witness. However, this should not be expected.
Preparing for Your Court Appearance
The City of Gadsden Municipal Court will set individuals’ cases on a weekday. Court is held in the morning, and roles are called at 8:30 a.m. and 12:30 p.m. All cases have been given a sequenced list of docket numbers. Each case will be called in order on the docket. Make sure you arrive early.
Make arrangements for transportation to and from court that will allow you to arrive at least 15 minutes early to your court time. If you plan to go home after your court appearance, you will want to ensure that arrangements allow enough time between your cases and your bus times, etc.
If you are not represented by an attorney, you will be asked to initial the charges against you. Charges are read, and one can either plead guilty or not guilty. If you plead guilty, pay the fines and costs (if applicable) and attend your classes, courtroom appearances are usually infrequent, and one’s case is usually over in less than a year. Pleading not guilty allows the prosecution to proceed with a trial where a defendant has the opportunity to cross examine witnesses and defend their case. Be sure to review the "Your Day in Court" post as well as "City of Gadsden Municipal Court FAQs" on this site. It includes additional information about the court system and procedures, including what to expect if one is found guilty or not guilty.
The court staff, including the Municipal Court Judge, generally wear formal and business casual clothes, such as dress slacks and dress shirts for men and slacks and dress shirts/blouses/dresses for women.
Remember, individuals are required to dress appropriately when appearing before the Court and when attending drug court classes. A good rule of thumb is to dress like you are applying for a job interview. Individuals should be respectful to themselves, the court, other defendants and their families, as well as the general public and the work environment of the court.
For men, proper clothes for court appearance include dress pants, trousers, or slacks, polo shirts or button-down dress shirts , leather shoes, and ties. Beach or swim shorts, cutoffs, ripped or torn clothing, tank tops or sleeveless shirts, wind suits, sweat pants, sweat shirts, athletic shorts or pants, or pants less than knee length are not proper.
For women, proper clothes for court appearance include knee-length or longer skirts or dresses, skirts or dresses that fall below the buttocks, blouses or tops that cover the cleavage and navel, dresses with fitted sleeves, tailored jackets or cardigans, and knee-length or longer trousers, pants, or slacks. Beach or swim attire, ripped or torn clothing, tank tops, sleeveless tops, spaghetti straps, wind suits, sweat pants, sweat shirt, short skirts or dresses, or pants above mid-thigh are not proper.
Parents and guardians of children under the age of 18 should be sure to prepare their minor children for court, and encourage their minor children to behave appropriately during court.
You should not bring cell phones, pagers or beepers (electronic devices) into the courtroom they will be held in contempt of court including monetary fines. You also may not sit in the front row at any point.
When your case is called, you will be asked to come forward to the front of the court, where you will be asked to give your name and the name of your attorney (if you have one). Generally speaking, a representative from the prosecution will not be present when each individual’s case is called. The municipal judge will then ask you how you wish to proceed. If you are representing yourself, you should tell the judge you would like to represent yourself, or in legal terms, you will indicate that you are proceeding "pro-se."
If you have an attorney, then they will be present with you, and will speak on your behalf to the judge. If you are pleading guilty, there will be no need for the prosecutor to be present. If you are pleading not guilty, there will be a need for the prosecutor to be present to cross examine witnesses, and you will need to blockade for a jury trial.
Paying Fines and Fees
The City of Gadsden Municipal Court accepts fines and penalties in several ways. Payment may be made at the standard Clerk’s office hours Monday through Friday from 7:30 AM to 4:40 PM. Payments may be made using cash or credit/debit accepted in the Clerk’s office. You can pay online by credit/ debit card on the court’s website through a link which will take you to the nationally recognized website of nCourt. There you will see several links to pay the various types of obligations associated with your case. The Justice Court cases and Municipal Court cases are separate, so you will need to locate the exact link for your case type to facilitate a proper payment.
If you choose to mail in your payment there is a specific process to ensure that your account is paid properly. You must obtain a Money Order in the amount of the fine and you should include a copy of the citation paying the fine for. If you do not have a copy of the citation they may look it up for you. Make the Money Order out to the City of Gadsden and mail to:
City of Gadsden Municipal Court
P.O. Box 267
Gadsden, AL 35902
Judgement in each case allows the Defendant to attend Court on a certain day and pay the fine if there is an appearance requirement. You will be required to sign the appearance where stated. If you fail to do any of the above then a warrant may issue for your arrest to obtain payment of any amounts owed to the Court. It is very important that you do this immediately. Failure to do this could result in your name being listed in the "Delinquent Unpaid Cases List" published by the Gadsden Times and ultimately result in a Suspension of your Drivers License or other Civil action.
Obtaining Legal Help
Finding legal assistance in the City of Gadsden Municipal Court can be challenging due to the complexity and speed of the criminal justice process. Fortunately, there are a variety of resources that can help as you navigate this local court system.
When facing criminal charges within the City of Gadsden Municipal Court, defendants may qualify for the services of the public defender. In order to receive a public defender, a defendant needs to be considered indigent. This means they have limited financial resources and cannot afford to hire a private attorney. The categories considered as part of indigency include disability, SSI income levels, monthly income, and wages earned in the previous month.
If the public defender is not appointed by the judge, the defendant must either represent themselves or find another lawyer willing to handle their case. When representing yourself in court, you give up the right to an advocate within the courtroom. When self-representing, you are required to follow the same rules of evidence and legal procedure as a licensed attorney. Depending upon your comfort level, consider hiring a private attorney after your arraignment. Alternatively, you might qualify for free legal assistance or low-cost legal help through a legal aid organization.
The services of pro bono or legal aid attorneys may be available via The Legal Services of Alabama. This organization provides free legal assistance to low-income families and individuals within the state of Alabama. From their regional offices around the state, Legal Services of Alabama assists those grappling with a variety of legal issues, including domestic violence, mortgage foreclosure, access to health care, and consumer protection.
The Volunteer Lawyers Program, also offered via Legal Services of Alabama , allows attorneys to volunteer their time to provide free legal services to low-income individuals and families within the local community. These attorneys sometimes appear on WMGG AM 1240 Jail Calls to provide legal assistance via phone for those accused of crimes appearing within municipal courts. If you would like to receive legal assistance from the Volunteer Lawyers Program, you will need to apply during the scheduled clinic hour or during the normal office hours at a local Volunteer Lawyer program office.
In addition to the Legal Services of Alabama’s local offices around Alabama, you may also benefit from the programs offered by the Alabama State Bar. By visiting their website, you can easily locate a low-cost legal service or pro bono program by county.
Alabama’s local courts have self-help centers, which offer walk-in service to members of the public. These services help people representing themselves before the court obtain the necessary legal information and forms they need to proceed. However, the self-help centers are not a substitute for legal advice.
To represent yourself in Gadsden Municipal Court, you must file all of the appropriate documents to officially enter your appearance known as a "pro se" motion. A pro se appearance should be made with a signed statement stating that you are entering the case without a lawyer. In addition, you also need to file a notice of any addresses or phone numbers where you wish to be contacted with any other filings within the court. The "Notice of Completion of Pleading and Process Forms" form can be found online.
While self-help legal assistance may be appropriate for minor cases and offenses from city or municipal courts, transgressions that involve significant criminal penalties or civil liability to another person require the skill and knowledge of an experienced attorney.
