Barrackville Municipal Court – Barrackville, WV

by | Oct 28, 2021

A municipal court is a court with restrictive area of authority over criminal offenses and civil disputes inside its geographic area. These courts can be found at the city or county level.

Barrackville Municipal Court INformation

Court: Barrackville Municipal Court
Address: “716 Pike Street, PO Box 26, Barrackville, WV 26559”
Phone: 304-366-9372

City: Barrackville
County: Marion
State: West Virginia

What is the role of the Barrackville Municipal Court?

Municipal Courts are commonly called “courts of limited jurisdiction.” Which means that they handle minor crimes, civil matters, and traffic matters. Courts like Barrackville Municipal Court are the first level of court for this group of matters.

In other situations, the role of a county court is to deal with a large number of civil disputes within the respective region. Most cases involve family matters, accident cases, more serious criminal infractions, or contract disputes.

County courts have the jurisdiction to deal with misdemeanors and civil actions that won’t exceed the amount of $15k, while the circuits courts handle felonies and larger civil cases.

TYPES OF Legal Matters HEARD IN A MUNICIPAL COURT in Barrackville, West Virginia

Municipal courts are the entry level of courts in the United States. They are usually found within the jurisdiction where they are located, but some locales share municipal courts with other municipalities.

This can be done to better service their citizens or to save money on administrative costs. The cases that may be heard by a municipal court depend on the municipality, but typically include traffic matters, low level crimes and code violations.

You will not find a standard for what constitutes a misdemeanor versus a felony crime, but generally speaking felonies would require more time in jail than misdemeanor charges and fines may also be higher for felonies. Traffic violations usually result in points against your driver’s license as well

how are cases managed in the municipal court in Barrackville?

Municipal courts are the entry level of the court system in the United States. They have jurisdiction over minor crimes, traffic tickets, and other civil matters. Municipal courts are popularly known city courts or town courts. Cases are handled by a magistrate who is usually an attorney, judge, or retired judge. Magistrates may be appointed by the mayor or city council members to serve for a specific duration.

Judges manage hearings to determine:

  • Probable cause for arrest
  • Set bail amounts and the conditions of release
  • Conduct arraignment hearings when charges are filed against suspects by police officers
  • Distribute search warrants to police officers in order to secure evidence from crime locations
  • Conduct preliminary examinations to understand if there is enough evidence to issue a charge

The common process of a Municipal Court Case

The common path of a municipal courthouse case can be complicated. The next portion is an overview of the common items involved in a regular municipal court matter.

Step One: An Issuance of Summons

A summons is issued when a person has been charged with violating a local rule or state law. The individual who has received the summons will need to appear at their assigned time and location, which is usually the municipal courtroom, to answer for the charge(s) against them. If they don’t appear, they may be found guilty in absentia and could be fined up to $1k or sentenced to jail time if it’s a serious enough offense.

Second Step: Show Up before Judge or Magistrate

If someone fails to show up after being summoned by the judge, there may be a warrant issued for the individual. 

Municipal Court Penalties in Barrackville, WV

Penalties change often, which is why it’s best to speak with licensed lawyer. The material below represents common penalties, but may not be 100% accurate for the Barrackville Municipal Court. 

A violation is an offense that carries a penalty of $500 or less, while a misdemeanor can carry penalties up to $1k or one year in jail. A person’s driving privileges may be suspended for six months if they receive three speeding tickets within 12 months.

The penalties for different offenses in municipal courthouses vary depending on the severity of an crimes. For example, if you are caught with marijuana without having a prescription for it then you will be fined up to $2k or spend up to six months in jail.

Barrackville Municipal Court Records

Municipal Court records from a municipal court could be difficult to find because they are not always stored in one area or system. The records that an individual might need to depend on the matter they have in front of the court, where it’s at in the process, and what kind of of information is required by law to be present.

Common Questions ABOUT the Barrackville Municipal Court

What is municipal court in Barrackville, West Virginia?

In West Virginia, the municipal court is a lower level with civil and criminal jurisdiction within a town or municipality. Municipal courts will have a small location and have limited authority as well, dealing only with petty crimes and misdemeanor charges.

What does the municipal court handle in Barrackville, West Virginia?

Depending on the size of the municipality, a municipal court can handle a civil division (cases with less than  $15,000 at issue), a traffic/criminal division, or a housing and environmental division. More serious cases/crimes are handled by higher authorities.

How many judges does the Barrackville Municipal Court have?

The count of judges depends on the municipality’s population.

How are cases heard in municipal courts in West Virginia?

A municipal court judge may be either elected or appointed to serve for a set term of years or until they retire. Judges are sometimes chosen by the people with each precinct’s results weighted based on population. Municipal judges are often not lawyers but have some legal training and must complete many hours of continuing courses every period to maintain their licenses.