Burnsville Municipal Court – Burnsville, WV

Oct 28, 2021

A municipal court is a court with limited jurisdiction over criminal offenses and civil matters inside its geographic area. These courts can be found at the city or county tier.

Burnsville Municipal Court INformation

Court: Burnsville Municipal Court
Address: “106 Municipal Street, PO Box 305, Burnsville, WV 26335”
Phone: 304-853-2605

City: Burnsville
County: Braxton
State: West Virginia

What is the role of the Burnsville Municipal Court?

Municipal Courts are often called “courts of limited jurisdiction.” This means that they handle minor crimes, civil cases, and traffic incidents. Courts like Burnsville Municipal Court are the first level of court for these types of cases.

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, personal injury, more serious criminal infractions, or lawsuits.

County courts have the jurisdiction to deal with misdemeanors and civil matters that won’t exceed the amount of $15,000, while the circuits courts handle felony matters and larger civil matters.

TYPES OF Legal Matters adjudicated IN A MUNICIPAL COURT in Burnsville, West Virginia

Municipal courts are the lowest level of courts in the U.S.. They are usually found within the jurisdiction where they are located, but some places share municipal courts with other municipalities.

This can be done to better serve their population or to save money on expenditures. The matters that could be heard by a municipal court can change based on on the municipality, but typically include traffic crimes, low level criminal charges and code violations.

There is no set definition for what constitutes a misdemeanor crime versus a felony case, but generally speaking felonies would require more time in jail than misdemeanors and fines may also be higher for felonies. Traffic violations usually result in points against your driver’s license as well

what is the procedure for cases in the municipal court in Burnsville?

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

Magistrates manage hearings to determine:

Probable cause for arrest
Set bail amounts and conditions of release
Conduct arraignment hearings when charges are filed against individuals by police officers
Distribute search warrants to law enforcement officers in order to secure evidence from crime scenes
start preliminary examinations to determine if there is enough evidence to issue a charge

The common process of a Municipal Court Case

The common process of a municipal court case can be difficult to navigate. The following is an overview of the common items involved in a typical municipal court matter.

First Step: An Issuance of Summons

A summons from the court is sent when someone has been charged with violating a town rule or state law. The individual who has received the summons will need to be present at their assigned time and place, which is usually the municipal courtroom, to respond for the charge(s) against them. If they don’t come, they may be found guilty in absentia and could be fined up to $1,000.00 or sentenced to jail time if it’s a serious enough offense.

Step Two: Appearance before Judge or Magistrate

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

Municipal Court Penalties in Burnsville, WV

Penalties change often, which is why it’s best to speak with licensed attorney near you. The material below represents common penalties, but may not be accurate for the Burnsville Municipal Court.

A violation is an offense that carries a penalty of $500 or less, while a misdemeanor charge can have penalties up to $1000 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 charges. For example, if you are caught with marijuana without having a license for it then you could be fined up to $2,000 or spend up to six months in jail.

Burnsville Municipal Court Records

Municipal Court records from a municipal government may be difficult to find because they are not always stored in one location or system. The records that an individual might need to depend on the type of charge they have in front of the court, what stage it is at in the process, and what kind of of information is required by law to be available.

Common Questions ABOUT the Burnsville Municipal Court

What is municipal court in Burnsville, West Virginia?

In West Virginia, the municipal court is a lower court with civil and criminal matters within a city or municipality. Municipal courts will have a small area of influence and have limited authority as well, dealing only with petty charges and misdemeanor charges.

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

Depending on the scope 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 deal with by higher authorities.

How many judges does the Burnsville Municipal Court have?

The number of judges depends on the municipality’s size.

How are cases heard in municipal courts in West Virginia?

A municipal courthouse judge may be either elected or appointed to serve for a set term of years or until retirement. Judges are commonly chosen by precincts with each precinct’s results evaluated according to the number of people. Municipal magistrates are often not attorneys but have some legal education and must finish multiple hours of continuing material every period to maintain their licenses.