Delbarton Municipal Court – Delbarton, WV

by | Oct 28, 2021

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

Delbarton Municipal Court INformation

Court: Delbarton Municipal Court
Address: “1 Riverside Drive, PO Box 730, Delbarton, WV 25670”
Phone: 304-475-3359

City: Delbarton
County: Mingo
State: West Virginia

What is the purpose of the Delbarton Municipal Court?

Municipal Courts are often called “courts of limited jurisdiction.” Which means that they deal with minor criminal charges, civil cases, and traffic incidents. Courthouses like Delbarton 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, personal injury, more serious criminal charges, or breaches of contract.

County courts 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 felony matters and more expansive civil cases.

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

Municipal courts are the bottom rung of courthouses 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 serve their people or to save money on overhead costs. The matters that will be heard by a municipal court depend on the municipality, but typically include traffic matters, low level criminal charges and code violations.

There is no set definition for what makes a misdemeanor 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 Delbarton?

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 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 help for a specific period of time.

Judges preside over hearings to determine:

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

The common process of a Municipal Court matter

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

First Step: An Issuance of Summons

A summons is given when a person has been charged with violating a town ordinance or state law. The individual who has received the summons from the court will need to show up at their assigned time and location, which is usually the municipal courtroom, to respond for the charge(s) against them. If they don’t show up, they may be found guilty anyways and could be fined up to $1000 or sentenced to jail time if it’s a serious enough offense.

Step Two: Appearance 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 Delbarton, WV

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

A violation is a crime that has a penalty of $500 or below, while a misdemeanor crime can possess penalties up to $1,000.00 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 crimes in municipal courts vary depending on the severity of an offenses. For example, if you are caught with marijuana without having a prescription for it then you will be fined up to $2,000 or spend up to six months in jail.

Delbarton Municipal Court Records

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

FAQs ABOUT the Delbarton Municipal Court

What is municipal court in Delbarton, West Virginia?

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

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

How many judges does the Delbarton 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 retirement. Judges are commonly chosen by the people with each precinct’s results judged according to the number of people. Municipal judges are often not attorneys but have some legal training and must finish many hours of continuing courses every year to maintain their credentials.