FREQUENTLY ASKED QUESTIONS, COURT PROCEDURES AND INFORMATION
What is a criminal citation?
If you receive a criminal citation, you have been charged with a crime and your appearance in court is mandatory. If you have received a ticket and the box that states "MANDATORY COURT APPEARANCE" is checked, you have received a criminal citation. Criminal citations may be issued in person or by mail from a Roy Police officer or by a summons and complaint from the Prosecutor. An appearance date is written on the citation. Failure to appear for a mandatory court appearance will result in a bench warrant being issued for your arrest.
What happens if I receive a Criminal Citation?
Court procedures are as follows:
If you fail to appear for a scheduled court date, violate a condition of release or fail to pay a fine on a criminal citation, the Judge may issued a bench warrant for your arrest. If a warrant has been issued, you may contact the court to schedule a warrant quash hearing. The warrant will remain active until you appear in court and it is quashed by the Judge. Certain violations are eligible to have the warrant quashed immediately and a hearing scheduled upon payment of a $50.00 non refundable warrant cost.
Court office hours
8:30 a.m. - 2:00 p.m.
Roy Municipal Court
is closed Thursdays.
Whenever the Court Clerk is out of the office, payments are accepted at the City Clerk-Treasurer's window at City Hall, if you know your payment amount.
Please note that the City Clerk does not have access to court records and can only accept payment and provide a receipt.
Is there a way to keep the infraction off of my driving record?
DEFERRED FINDING OPTION: A deferred finding is an opportunity to keep a violation off your driving record. You may only have a deferral for one moving and one non-moving infraction once every 7 years. You may request this by mail or at your hearing. When a deferred finding is entered, your violation 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 the administrative cost assessed
3. If ordered by the Judge, attend traffic safety school.
You are NOT eligible for a deferral if:
1. Your ticket is for Passing a School Bus, Speeding in a School or Speeding in a Construction Zone.
2. An accident was involved.
3. You have had a prior deferred finding in another court in the past 7 years.
4. You possess a CDL (Commercial Driver’s License)
HEARING BY MAIL: Mitigation and Contested hearings may be submitted to the Court by mail. The Judge will examine the citing officer's report and any statement and/or other documentation submitted by the defendant. There will be no appeal from a decision on written statements.
ROY MUNICIPAL COURT
If you are picked up by a Police Officer and booked into jail you may 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 to have you transported for your court appearance. If the jail determines that you meet their own 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.
City of Roy Washington
CONTESTED HEARING: A contested hearing is to say that you did not commit the violation or to challenge the ticket. If you believe that you did not commit the violation and would like to contest the infraction, choose box #3 on your ticket. 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. A Deferred Finding may be entered at a Contested Hearing as well. You may contest the ticket by mail. See “Hearing by Mail” below.
Court Appointed Attorney (Public Defender) Information:
The Public Defender 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 Public Defender handles criminal and non-criminal cases only. If you wish to be screened to see if you meet the eligibility requirements to be represented by the Public Defender, an Indigency Form will be given to you to fill out. If the Public Defender is appointed by the court, the clerk will give you contact information for your attorney.
What is an Infraction?
An infraction is act which is prohibited by law but which is not legally defined as a crime. If you received an infraction, it will have “Traffic” or “Non Traffic” Infraction checked on your ticket. You must respond to your infraction within 15 days from the date issued by following the instructions given at the bottom of the ticket. 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.
What is the difference between a Mitigation and Contested Hearing?
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 ticket. If you choose a mitigation hearing, the violation will appear on your driving record. The only exception is if a Deferred Finding is entered and completed. You may mitigate the ticket by mail. See “Hearing by Mail” below.
Failure to Pay/Collection Information:
PAYMENT PLANS: Monthly time payments are allowed if you are unable to pay your fine in full within 15 days. A $10.00 time payment fee is added to the total amount of your fine for all payment plans. If you would like to request a payment plan, please contact the court for more information.
COLLECTIONS: If you fail to respond to, pay or appear on a traffic case, your case will be sent to a collection agency. The collection agency is authorized to impose a collection fee and interest in addition to the amount sent by the court to collection. If your ticket is in collection, you can no longer pay the court. Our current collection agencies are AllianceOne and Armada Corp. You must contact the collection agency directly to pay. Once you have paid all fees associated with your case or made arrangements with the agency, the court will be notified and the hold on your license will be released.
Once the court receives notice from the collection agency that your fine has been paid, it can take up to 72 hours for the Department of Licensing to receive the information.
Can I appeal a decision made by the Court?
You have the right to appeal the following:
You must file a Notice of Appeal within 30 days after judgment is made. An appeal packet can be picked up 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 filing fee and a transmittal fee in order for your appeal to be processed.
IMPORTANT NOTICE: The Clerk is unable to give legal advice and can only provide appellant with the forms to perfect an appeal. Further questions should be asked of an attorney. You may wish to consult your local library, Pierce County Law Library, www.courts.wa.gov or other legal references for advice on appeal procedures.
City of Roy Washington
Roy Municipal Court is a Court of Limited Jurisdiction that handles criminal and infraction cases cited within the city limits of the City of Roy, Washington. The information provided below is intended to help guide you through the court process and to answer frequently asked questions.
CONTACTING ROY MUNICIPAL COURT:
216 McNaught St S
PO Box 700
Roy, WA 98580
Fax (253) 843-0279
Judge: Thomas Ellington
Court Clerk Administrator: Katy Henricksen
City Prosecutor: Public Defender appointed by the Court:
Anneke Berry (253) 512-2401 Christine Langley (360) 458-9272
PO Box 97146
Lakewood WA 98497-0146