Roy Municipal Court

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
(253) 843-0463
Fax (253) 843-0279

Judge:

Thomas Ellington

Court Clerk Administrator:

Katy Henricksen, katy.henricksen@mail.courts.wa.gov

City Prosecutor:

Anneke Berry  (253) 355-9245
5bisoux@gmail.com
10910 Butte Dr SW
Lakewood WA  98498

Public Defender appointed by the Court:

Christine Langley  (360) 458-9272

FAQs

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:
• ARRAIGNMENT: The arraignment hearing is your first appearance in court. You will be given an Advice of Rights form and will sign the form acknowledging that you have read it.  The Judge will explain the charge and the maximum and mandatory minimum penalty, if any. You will be asked if you will be representing yourself, would like to be screened for the Public Defender or retain your own attorney. The Judge will ask you to enter a plea of guilty or not guilty. If you enter a plea of guilty, your case will be most likely be handled on the day of your arraignment.  If not, you will be given a court date for a sentencing hearing. If you enter a plea of not guilty, your case will be scheduled for a pre trial hearing.
• PRE TRIAL: The prosecutor is present at pre trial hearings. You and your attorney, if you have one, are required to be present. You will meet with the prosecutor at that time to discuss any recommendations that may be given.  If you agree to and accept a recommendation from the Prosecutor, the case may be settled at this hearing. If you do not agree to and accept a recommendation, the case will be scheduled for trial. At times, the parties may request a continuance. If the request is granted, your pre trial will be continued to a later date.
• JURY TRIAL or BENCH TRIAL: A jury trial is a trial by 6 Jurors chosen by the defense and the prosecutor.  After hearing all the testimony, the jurors decide the verdict beyond a reasonable doubt. All jury trials are held at Roy Municipal Court. A bench trial is a trial heard only in front of the Judge. After hearing all the testimony, the Judge decides the verdict.

Warrant Information:

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.

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.

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.

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. 

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.

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:

• • Have no violations for a period of time that is determined by the Judge
  • Pay the administrative cost assessed
  • If ordered by the Judge, attend traffic safety school.

You are NOT eligible for a deferral if:

• • Your ticket is for Passing a School Bus, Speeding in a School or Speeding in a Construction Zone.
    
  • An accident was involved.
    
  • You have had a prior deferred finding in another court in the past 7 years.
    
  • You possess a CDL (Commercial Driver’s License)

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.

• • AllianceOne can be reached by calling 1-800-456-8838
  • Armada Corp can be reached by calling 1-800-626-0617

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:

• • A guilty verdict by way of Jury Trial
  • A guilty verdict by the Judge at a Bench Trial
  • A finding of committed by the Judge at a contested hearing at your court session. * A contested   hearing by mail is not able to be appealed.

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.