Fairview Municipal Court – Fairview, WV

by | Oct 28, 2021

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

Fairview Municipal Court INformation

Court: Fairview Municipal Court
Address: “407 Main Street, Drawer 119, Fairview, WV 26570”
Phone: 304-449-1642

City: Fairview
County: Marion
State: West Virginia

What is the purpose of the Fairview Municipal Court?

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

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

County courthouses have the jurisdiction to deal with misdemeanors and civil actions that can not exceed the amount of $15,000, while the circuits courts handle felonies and larger civil cases.

TYPES OF CASES HEARD IN A MUNICIPAL COURT in Fairview, West Virginia

Municipal courts are the bottom rung of courthouses in the U.S.. They are usually found within the jurisdiction where they are located, but some jurisdictions share municipal courts with other municipalities.

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

You will not see a set definition for what constitutes a misdemeanor 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

How are cases handled in the municipal court in Fairview?

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 often known as 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 board to help for a specific period of time.

Magistrates administer hearings to determine:

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

The typical process of a Municipal Court matter

The common process of a municipal court case can be tricky. The next portion is an overview of the steps involved in a typical municipal court matter.

Step One: Issuance of Summons

A summons from the court is sent when someone has been charged with violating a city ordinance or state law. The citizen who has received the court summons will need to appear at their assigned time and place, 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 $1000 or given a jail sentence 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 individual. 

Municipal Court Penalties in Fairview, 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 100% accurate for the Fairview Municipal Court. 

A violation is a crime that has a penalty of $500 or below, while a misdemeanor 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 charges. 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.

Fairview 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 a person might need to depend on the type of charge 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.

Questions ABOUT the Fairview Municipal Court

What is municipal court in Fairview, West Virginia?

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

What does the municipal court handle in Fairview, 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 handled by higher authorities.

How many judges does the Fairview 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 duration or until retirement. Judges are sometimes elected by precincts with each precinct’s results judged based on the number of people. Municipal judges are generally not attorneys but have some legal education and must complete several hours of ongoing education every year to maintain their credentials.