A municipal court is a court with restrictive jurisdiction over criminal charges and civil disputes inside its location. These courts can be located at the county or city tier.
Fayetteville Municipal Court INformation
Court: Fayetteville Municipal Court
Address: “125 North Court Street, PO Box 298, Fayetteville, WV 25840”
State: West Virginia
What is the purpose of the Fayetteville Municipal Court?
Municipal Courts are routinely called “courts of limited jurisdiction.” Which means that they work with minor criminal charges, civil matters, and traffic incidents. Courthouses like Fayetteville 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 divorce or other family matters, injury cases, 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 $15,000.00, while the circuits courts handle felonies and more expansive civil cases.
TYPES OF Legal Matters HEARD IN A MUNICIPAL COURT in Fayetteville, 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 locales share municipal courts with other municipalities.
This can be done to better help their people or to save money on costs. The matters that will be heard by a municipal court can change based on on the municipality, but typically include traffic violations, low level crimes and code infractions.
You will not find a standard 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
what is the procedure for cases in the municipal court in Fayetteville?
Magistrates 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 defendants by police officers
- Issue search warrants to police officers in order to seize evidence from crime locations
- Conduct preliminary examinations to determine if there is enough evidence to issue a charge
The common process of a Municipal Court matter
Step One: An Issuance of Summons
Second Step: Appearance before Judge or Magistrate
Municipal Court Penalties in Fayetteville, WV
Penalties change often, which is why it’s best to speak with licensed attorney. The information below represents common penalties, but may not be 100% accurate for the Fayetteville Municipal Court.
A violation is an offense that has a penalty of $500 or less, 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 courthouses vary depending on the severity of an charges. For example, if you are caught with marijuana without having a prescription for it then you could be fined up to $2k or spend up to six months in jail.
Fayetteville Municipal Court Records
Municipal Court records from a municipal court 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 matter they have before 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 Fayetteville Municipal Court
What is municipal court in Fayetteville, West Virginia?
In West Virginia, the municipal court is a lower court with civil and criminal jurisdiction within a town or municipality. Municipal courts will have a small jurisdiction and have limited authority as well, dealing only with petty charges and misdemeanors.
What does the municipal court handle in Fayetteville, 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 deal with by higher authorities.
How many judges does the Fayetteville 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 they retire. Judges are commonly chosen by the people with each precinct’s results weighted according to the number of people. Municipal magistrates are generally not attorneys but have some legal education and must finish multiple hours of continuing education every period to maintain their licenses.