Davy Municipal Court – Davy, WV

by | Oct 28, 2021

A municipal court is a court with small area of authority over criminal charges and civil matters within its geographic area. These courts can be found at the city or county level.

Davy Municipal Court INformation

Court: Davy Municipal Court
Address: “PO Box 430, Davy, WV 24828”
Phone: 304-656-7145

City: Davy
County: McDowell
State: West Virginia

What is the purpose of the Davy Municipal Court?

Municipal Courts are commonly called “courts of limited jurisdiction.” Which means that they work with minor criminal charges, civil disputes, and traffic tickets. Courts like Davy Municipal Court are the first level of court for this group of matters.

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 breaches of contract.

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

TYPES OF Matters seen IN A MUNICIPAL COURT in Davy, West Virginia

Municipal courts are the bottom rung 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 service their citizens or to save money on overhead costs. The matters that could be heard by a municipal court vary depending on the municipality, but typically include traffic violations, low level criminal charges and code violations.

You will not see a set definition for what constitutes a misdemeanor charge versus a felony case, 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

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

Municipal courts are the lowest level of the court system in the United States. They have jurisdiction over minor crimes, traffic tickets, and other civil matters. Municipal courts are often known as city courts or town courts. Matters are managed 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 manage hearings to determine:

  • Probable cause for an arrest
  • Set bail amounts and the conditions of release
  • Conduct arraignment hearings when charges are filed against individuals by police officers
  • Issue search warrants to police officers in order to secure evidence from crime locations
  • start preliminary inquiries to establish if there is enough evidence to mount a charge

The common process of a Municipal Court matter

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

Step One: Issuance of Summons

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

Step Two: 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 person. 

Municipal Court Penalties in Davy, WV

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

A violation is a crime that carries a penalty of $500 or below, while a misdemeanor crime can carry 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 courts vary depending on the severity of an charges. 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.

Davy Municipal Court Records

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

Common Questions ABOUT the Davy Municipal Court

What is municipal court in Davy, West Virginia?

In West Virginia, the municipal court is a lower court with civil and criminal jurisdiction within a city or municipality. Municipal courts thus 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 Davy, 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 Davy Municipal Court have?

The number 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 duration or until they retire. Judges are sometimes elected by precincts with each precinct’s results judged according to the number of people. Municipal judges are generally not attorneys but have some legal education and must finish multiple hours of ongoing material every period to maintain their licenses.