If you receive a criminal citation, you have been charged with a crime and your appearance in court is mandatory. You have received a criminal citation if one or more of the following occurs:
1. You receive a criminal citation (golden colored ticket) from a City of Roy Police Officer.
2. You receive a criminal citation (golden colored ticket) in the mail.
3. You receive a summons in the mail for an arraignment hearing.
Failure to appear for a mandatory court appearance will result in a bench warrant being issued for your arrest.
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Court Procedures are as follows:
ARRAIGNMENT: The arraignment hearing is your first appearance in court. You will be asked to sign an Advice of Rights form acknowledging that you have read them. The Judge will explain the charge, the maximum and mandatory minimum punishment, if any. You will be asked if you will be representing yourself, be screened for the Court Appointed Attorney or retain your own attorney. The Judge will ask you to enter a plea of not guilty or guilty.
If you enter a plea of guilty, your case will be handled on the day of your arraignment. If you enter a plea of not guilty, your case will be scheduled for the next Pre Trial date.
PRE TRIAL: The prosecutor is present at all pre trial hearings. You and your attorney, if you have one, are required to be present. You will meet with the prosecutor to hear any offers he may have. If you accept his offer, the case
may be settled at this hearing. If you do not accept his offer, the case will be scheduled for trial. At times, the parties may request a continuance. If this happens, your pre trial will be continued to the next available pre trial date.
JURY TRIAL: A jury trial is a trial by 6 Jurors chosen by the defense and the prosecutor in a Voir Dire jury selection process. After hearing all the testimony, the jurors decide the verdict beyond a reasonable doubt. All jury trials are held at Roy Municipal Court.
BENCH TRIAL: A bench trial is a trial by the Judge. After hearing all the testimony, the Judge decides the verdict.
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If you fail to appear for a scheduled court date, violate a condition of release or fail to pay a fine, the Judge may issue a bench warrant for your arrest. If a warrant has been issued for your arrest, you may contact the court to schedule a warrant quash hearing. If you are picked up by a Police Officer and booked into jail you must then post bail in the amount set by the court. A new court date will be scheduled. If you fail to post bail, the court will make arrangements with the jail to have our Police Department transport you to the next available court date.
If the jail determines that you meet their personal release criteria and releases you from custody, you will need to contact the court for a new court date immediately. A warrant fee may be imposed by the Judge at your hearing.
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The Court Appointed Attorney represents individuals who are accused of crimes prosecuted in Roy Municipal Court and are indigent and unable to pay for an attorney. If you meet the eligibility requirements, an attorney will be appointed to represent you for no cost or a small fee. The Court Appointed attorney handles criminal and non-criminal cases only.
If you wish to be screened to see if you meet the eligibility requirements, the necessary paperwork will be given to you to fill out. If an attorney is appointed by the court, the clerk will give you information on how to contact your attorney.
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If you receive an infraction (Green colored ticket), you must respond to your infraction within 15 days from the date issued. If you do not respond or appear for your court hearing, the infraction will be found committed and may be reported to the Department of Licensing. If it is reported to the Department of Licensing, your license will be subject to suspension and an additional $52.00 FTA (failure to respond/appear/comply) fee will be added. Unpaid balances will be sent to a collection agency.
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MITIGATION HEARING: A mitigation hearing is where you agree you have committed the violation, but would like to explain the circumstances. To request a mitigation hearing, choose box #2 on your green copy of the infraction. If you choose a mitigation hearing, the violation will appear on your driving record. The only exception is a Deferred Finding. You may mitigate the violation by mail. If you choose to do this, please submit a letter to the Judge explaining the circumstances. The Judge may rule to reduce the penalty amount.
CONTESTED HEARING: A contested hearing is to contest or challenge the violation. If you believe that you did not commit the violation and would like to contest the infraction, choose box #3 on your green copy of the infraction. If you would like the Police Officer present at your hearing, please advise the clerk as soon as possible. The Judge will decide on the case based on the evidence presented. The penalty may stay the same or be reduced. If the infraction is dismissed, it will not appear on your driving record.
MITIGATION & CONTESTED HEARINGS BY MAIL: Mitigation and Contested hearings may be submitted to the Court in writing. The court shall examine the citing officer's report and any statement submitted by the defendant. There shall be no appeal from a decision on written statements.
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DEFERRED FINDING OPTION: A deferred finding is an opportunity to keep a violation off your driving record. You may request this in writing or at your hearing. When a deferred finding is entered the infraction will be dismissed if you comply with the following conditions:
1. Have no violations for a period of time that is determined by the Judge
2. Pay administrative costs assessed.
3. Attend traffic safety school, if ordered by the Judge
You may have a deferral for one moving and one non-moving infraction once every 7 years. You are NOT eligible for a deferral if your ticket is (1) for the offense of Passing a School Bus or Speeding in a School Zone (2) involves an accident or (3) you have had a prior deferral in another court in the past 7 years. Effective 9/30/05 if you possess a CDL (Commercial Driver’s License) you will not be eligible for a deferred finding.
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PAYMENT OPTIONS: You may pay your fine by personal check, money order or cash. Payments can be mailed or brought into the court office. There is a payment drop box in the parking lot for your convenience. Please put your infraction or citation number on your check or money order. Time payments are allowed if you are unable to pay your fine in full. Please contact the court for more information. If you are granted a time payment, there will be a $10.00 fee added to the total amount of your fine.
COLLECTIONS: If you fail to pay, respond or appear on a traffic case, your case will be sent to collections. AllianceOne is authorized to impose colelction costs plus interest in addition to the original fine amount. If your ticket is in collection, you can no longer pay the court. You must contact AllianceOne directly to pay your fine in full or request a payment plan called the PIA program. Once you have paid all fees associated with your case or made arrangements with the agency, AllianceOne will contact the court and the hold on your license will be lifted. AllianceOne can be reached by calling 1.800.456.8838
Please note that it will take approximately 48 hours for the Department of Licensing to receive electronic notification from the court that your fine has been paid in full.
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You have the right to appeal a guilty verdict by the Judge or Jury or if the Judge finds that you committed an infraction at a Contested heaing. You must file a Notice of Appeal within 30 days after judgment is made. An appeal packet can be picked up and filed at Roy Municipal Court during normal business hours. When you file your Notice of Appeal with the court, you will be required to pay a $200.00 filing fee and a $40.00 transmittal fee in order for your appeal to be processed.
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