Davis Municipal Court – Davis, WV

by | Oct 28, 2021

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

Davis Municipal Court INformation

Court: Davis Municipal Court
Address: “PO Box 207, Davis, WV 26260”
Phone: 304-259-5302

City: Davis
County: Tucker
State: West Virginia

What is the purpose of the Davis Municipal Court?

Municipal Courts are routinely called “courts of limited jurisdiction.” Which means that they handle minor crimes, civil matters, and traffic tickets. Courts like Davis Municipal Court are the first level of court for these types of cases.

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

County courthouses have the jurisdiction to deal with misdemeanors and civil matters that won’t exceed the amount of $15,000.00, while the circuits courts handle felonies and larger civil cases.

TYPES OF affairs seen IN A MUNICIPAL COURT in Davis, 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 places share municipal courts with other municipalities.

This can be done to better service their people or to save money on overhead costs. The cases that will be heard by a municipal court depend on the municipality, but typically include traffic tickets, small criminal charges and code violations.

You will not find a standard for what establishes a misdemeanor crime versus a felony, 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

How are cases handled in the municipal court in Davis?

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

Magistrates preside over hearings to determine:

  • Probable cause for an arrest
  • Set bail amounts and conditions of release
  • Conduct arraignment hearings when charges are filed against defendants by police officers
  • Distribute search warrants to law enforcement officers in order to seize evidence from crime locations
  • Conduct preliminary inquiries to learn if there is enough evidence to issue a charge

The Process of a Municipal Court Case

The common path of a municipal courthouse case can be difficult to navigate. The following is an overview of the most common steps involved in a typical municipal court matter.

First Step: Issuance of Summons

A summons is issued when a person has been charged with violating a town rule or state law. The citizen who has received the court 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 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.

Second Step: Show Up before Judge or Magistrate

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

Municipal Court Penalties in Davis, WV

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

A violation is an offense that has a penalty of $500 or less, while a misdemeanor crime can possess penalties up to $1k or one year in local 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 medical prescription for it then you could be fined up to $2k or spend up to six months in jail.

Davis Municipal Court Records

Municipal Court records from a municipal government may 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 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 needed by law to be available.

FAQs ABOUT the Davis Municipal Court

What is municipal court in Davis, West Virginia?

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

What does the municipal court handle in Davis, 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. Serious cases/crimes are handled by higher authorities.

How many judges does the Davis 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 duration or until retirement. Judges are commonly elected by the people with each precinct’s results evaluated according to the number of people. Municipal judges are generally not lawyers but have some legal education and must complete multiple hours of continuing courses every period to maintain their credentials.