Flemington Municipal Court – Flemington, 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 located at the county or city tier.

Flemington Municipal Court INformation

Court: Flemington Municipal Court
Address: “PO Box 56, Flemington, WV 26347”
Phone: 304-739-4402

City: Flemington
County: Taylor
State: West Virginia

What is the role of the Flemington Municipal Court?

Municipal Courts are commonly called “courts of limited jurisdiction.” Which means that they handle minor criminal charges, civil disputes, and traffic violations. Courts like Flemington Municipal Court are the first level of court for these types of cases.

In other situations, the role 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 charges, or contract disputes.

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

TYPES OF Legal Matters adjudicated IN A MUNICIPAL COURT in Flemington, 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 jurisdictions share municipal courts with other municipalities.

This can be done to better serve their people or to save money on costs. The matters that may be heard by a municipal court can change based on on the municipality, but typically include traffic tickets, low level criminal charges and code violations.

You will not find a standard for what constitutes a misdemeanor crime versus a felony case, 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 Flemington?

Municipal courts are the lowest level of the court system in the United States. They have jurisdiction over minor crimes, traffic violations, and other civil matters. Municipal courts are often known as city courts or town courts. Cases are managed by a magistrate who is usually a lawyer, judge, or retired judge. Magistrates may be appointed by the mayor or city council board to serve for a specific time.

Judges manage hearings to determine:

  • Probable cause for arrest
  • Set bail amounts and conditions of release
  • Conduct arraignment hearings when charges are filed against defendants by police officers
  • Issue search warrants to law enforcement officers in order to seize evidence from crime locations
  • Conduct preliminary inquiries to establish 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 following is an overview of the most common steps involved in a typical municipal court matter.

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 will need to be present 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 anyways and could be fined up to $1,000.00 or sentenced to jail time if it’s a serious enough offense.

Step Two: Appearance 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 Flemington, WV

Penalties change often, which is why it’s best to speak with licensed lawyer. The material below represents common penalties, but may not be accurate for the Flemington 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 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 charges 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 $2,000 or spend up to six months in jail.

Flemington Municipal Court Records

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

FAQs ABOUT the Flemington Municipal Court

What is municipal court in Flemington, West Virginia?

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

What does the municipal court handle in Flemington, West Virginia?

Depending on the area 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 deal with by higher authorities.

How many judges does the Flemington 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 court judge may be either elected or appointed to serve for a set duration or until they retire. Judges are sometimes chosen by the people with each precinct’s results evaluated based on the number of people. Municipal magistrates are generally not attorneys but have some legal training and must complete multiple hours of ongoing education every year to maintain their licenses.